Cite as 24 I&N Dec. 556 (BIA 2008) Interim Decision #3614
Matter of EAC, INC., Applicant
Request for Recognition
New York, New York
Decided July 3, 2008
U.S. Department of Justice
Executive Office for Immigration Review
Board of Immigration Appeals
(1) The process of recognition is designed to evaluate the qualifications of only those
nonprofit organizations that provide knowledgeable legal assistance to low-income aliens
in matters involving immigration law and procedure.
(2) In order to establish that it has adequate knowledge of immigration law and procedure,
an organization seeking recognition must have sufficient access to legal resources, which
may include electronic or internet access, as well as resources provided by a law library.
(3) An organization seeking recognition must show that it has either a local attorney who
is on the staff, offering pro bono services, or providing consultation under a formal
arrangement; a fully accredited representative; or a partially accredited representative
with access to additional expertise.
(4) A recognized organization that does not offer a full range of immigration legal services
or whose staff is not sufficiently experienced to handle more complex immigration issues
must have the ability to discern when it should direct aliens to seek other legal assistance.
BEFORE: Board Panel: OSUNA, Acting Chairman; HOLMES and GRANT, Board
Members.
OSUNA, Acting Chairman:
The applicant, EAC, Inc. (Education & Assistance Corporation), submitted
a Form EOIR-31 (Request for Recognition of a Non-Profit Religious,
Charitable, Social Service, or Similar Organization), requesting recognition
pursuant to 8 C.F.R. § 1292.2(a) (2008). A copy of the application was served
on the Department of Homeland Security (“DHS”), which has not responded
to the request for a recommendation regarding the application for recognition.
The application for recognition will be approved.
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I. RECOGNITION AND ACCREDITATION PROCESS
The process of recognition of organizations and accreditation of
representatives by the Board of Immigration Appeals was established to
provide low-income aliens with access to representation by individuals with
adequate knowledge, information, and experience in immigration and
nationality law and procedure through reputable nonprofit institutions. See
generally 8 C.F.R. § 1292.2. The purpose of evaluating the qualifications for
recognition of organizations and accreditation of representatives is to ensure
that the interests of aliens are safeguarded and that the persons given assistance
receive adequate representation. The recognition of organizations and
accreditation of representatives provides an alternative to nonattorney
immigration consultants for low-income or indigent aliens who need assistance
in completing applications before the DHS and/or in proceedings before the
Immigration Judges and this Board. The process of recognition does not
afford a means for private attorneys or law firms to employ immigration
counselors as an extension of the services they provide. See Matter of Florida
Rural Legal Services, Inc., 20 I&N Dec. 639, 640 (BIA 1993); see also Matter
of Baptist Educational Center, 20 I&N Dec. 723 (BIA 1993).
Pursuant to 8 C.F.R. § 1292.2(e), the Board is required to maintain an
alphabetical roster of recognized organizations and their accredited
representatives. These rosters may be accessed through the website of the
United States Department of Justice Executive Office for Immigration Review.
See http://www.usdoj.gov/eoir/statspub.htm.
We note that some reputable organizations seek recognition of their
agencies and accreditation of their staff members, not for the purpose of
providing adequate legal representation to aliens who cannot afford private
attorneys, but rather as a means to obtain government endorsement of their
efforts to provide aid, education, and other services to the immigrant
population. The recognition and accreditation process is not designed for this
purpose. There are many reputable nonprofit organizations whose employees
and volunteers tirelessly provide the immigrant population with commendable
assistance but cannot satisfy the requirements for recognition because they
lack the necessary training and experience in immigration law and procedure.
We are not authorized to approve an application for recognition of a nonprofit
organization that is not involved in providing knowledgeable assistance to
aliens in matters involving immigration law and procedure. See generally
8 C.F.R. § 1292.2.
A nonprofit religious, charitable, social service, or similar organization
established in the United States may be recognized by the Board if the
organization establishes that it makes only nominal charges, assesses no
excessive membership dues for persons given assistance, and has at its
557Cite as 24 I&N Dec. 556 (BIA 2008) Interim Decision #3614
disposal adequate knowledge, information, and experience in immigration law
and procedure. 8 C.F.R. § 1292.2(a). By its very nature, effective
representation of an alien, whether in matters before the DHS or the
Immigration Judges and the Board, requires a broad knowledge of immigration
law and procedure and adequate access to legal resources, such as those
provided by a law library.
In Matter of Lutheran Ministries of Florida, 20 I&N Dec. 185 (BIA 1990),
we outlined the information required in the application of a nonprofit
organization seeking recognition under 8 C.F.R. §1292.2(a) with regard to its
qualifications. We held that the application should include detailed
information as to how the organization will operate and by whom it will be
staffed, as well as other evidence regarding the organization’s qualifications,
such as resumes for the staff members and information as to the availability of
legal resource materials, training programs in immigration law and procedure,
and supervised employment for the staff.
An organization seeking recognition must file an application for each of its
branch offices, along with proof of service on the DHS. 8 C.F.R. § 1292.2(b);
see also Matter of Florida Rural Legal Services, Inc., supra, at 640. The DHS
is required by the regulations to review the application and submit its
recommendation for approval or disapproval, and the reasons therefor, or to
request a specified period of time in which to conduct an investigation or
otherwise obtain relevant information regarding the applicant. See Matter of
Chaplain Services, Inc., 21 I&N Dec. 578, 579 (BIA 1996); Matter of
Lutheran Ministries of Florida, supra, at 185-86.
II. REQUIREMENTS FOR RECOGNITION
To qualify for recognition, an applicant organization must show that it has
at its disposal adequate knowledge, information, and experience in
immigration law and procedure. 8 C.F.R. § 1292.2(a)(2). We have previously
held that to meet this threshold requirement, an organization seeking
recognition must demonstrate that it not only has ready access to adequate
legal resources in its office, including, at a minimum, a copy of the
Immigration and Nationality Act, the Federal immigration regulations, and the
precedent decisions of this Board, but possibly access to another library with
additional resources as well. See Matter of Lutheran Ministries of Florida,
supra, at 186. However, adequate information is now more widely available
through multiple sources than ever before, and through more diverse means
than a traditional law library. Therefore, access to adequate information may
now be shown via electronic or internet access to immigration legal resources.
Adequate staffing and supervision of staff members is an important
component for an organization in demonstrating that it has adequate
558Cite as 24 I&N Dec. 556 (BIA 2008) Interim Decision #3614
knowledge and experience in immigration law and procedure. A licensed
attorney on staff, who may supervise other staff members, is often sufficient
to meet the adequate knowledge and experience requirement. For
organizations that do not have an attorney on staff, a broad knowledge and
experience in immigration law and procedure by those on staff is necessary,
even if the organization only intends to provide limited services through one
or more partially accredited representatives. However, the organization’s
experience with immigration law need not be fully commensurate with its
knowledge to be considered adequate. To require a staff of nonattorneys to be
fully experienced in all forms of immigration law when the organization
contemplates providing only limited services might unnecessarily restrict the
organization in its efforts to secure competent, knowledgeable representatives.
Nevertheless, the requirement of a broad knowledge of immigration law
and procedure exists to ensure that a duly recognized organization has staff
able to readily identify issues involving all aspects of immigration law, even
in areas where the organization does not provide services. The breadth of
knowledge requirement includes the ability to discern when it is in the best
interests of the aliens the organization serves to advise those whose
immigration issues are more complex or not covered by the organization’s
services to seek other legal assistance. For example, a lawful permanent
resident seeking assistance with naturalization might have questions regarding
family members on unrelated topics or might disclose criminal convictions or
other matters that might adversely affect his or her application. No alien’s
need for immigration legal services should be ignored by a recognized
organization, although in some cases the need for certain services may be met
by directing the alien elsewhere.
The requirement that a recognized organization have “at its disposal
adequate knowledge . . . and experience” may be satisfied in various ways.
8 C.F.R. § 1292.2(a)(2). To meet this standard, an organization should first
provide a description of the specific immigration legal services it will provide.
Next, it must identify all members of its local staff. Obviously, the adequate
knowledge requirement may be met by the submission of resumes of an
attorney or attorneys who are on staff at the local office. It follows that the
requirement may also be met by the documented commitment by private
attorneys to provide pro bono services at the local office on a basis sufficient
to meet caseload demands or by proof of any formal arrangements with private
attorneys to provide local consultation or assistance, along with disclosure of
the specific arrangements and the attorneys’ resumes. In addition, the
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applicant organization may meet the adequate knowledge requirement by
showing that it is simultaneously applying for full accreditation of at least one
individual who has the credentials to warrant approval of the application.1
Where an organization does not have an attorney on staff at the local office,
a pro bono attorney who volunteers locally or other arrangements with a local
attorney, or an individual who will become a fully accredited representative in
the office, it may meet the adequate knowledge requirement by showing that
it is simultaneously applying for partial accreditation of at least one individual
who has the credentials to warrant a grant of partial accreditation in certain
circumstances.2
For example, an organization seeking recognition and partial
accreditation of a qualified representative may satisfy the adequate knowledge
requirement by showing that another recognized organization with an attorney
or fully accredited representative has agreed to provide consultation or
assistance, as needed. Typically, the organization lacking an attorney or fully
accredited representative implements a plan for its staff members to have
access to the expertise of another recognized organization through personal,
telephone, or internet consultations or, in more complex cases, through
referrals. The adequate knowledge requirement for recognition cannot be met
where an organization does not have any of the following: a local attorney,
either on staff, pro bono, or under some other arrangement; a fully accredited
representative; or a partially accredited representative with access to additional
expertise.
In sum, we clarify that the knowledge and experience requirement ensures
that an alien may reliably seek legal assistance on any immigration matter from
a recognized organization, which, although it may provide only limited
services, must have staff that includes, at a minimum, at least one partially
accredited representative who can identify other immigration issues that may
impact the alien’s application or status in the United States. The organization
must therefore demonstrate that it has at its disposal adequate knowledge and
In addition to a broad knowledge of all aspects of immigration law, a fully accredited
representative must possess skills essential for effective litigation, including the ability to
advocate a client’s position at a hearing before an Immigration Judge by presenting
documentary evidence and questioning witnesses, to present oral arguments before the
Board, and to prepare motions and briefs for consideration by an Immigration Judge and/or
this Board. Consequently, evidence of advocacy skills, as well as evidence of a broad
knowledge of immigration law, should be presented where full accreditation is sought.
2 Resumes of any nonattorney staff members and certificates of recent immigration training
completed by nonattorney staff members, not only demonstrating knowledge of the issues
in the areas where services are to be provided, but also a broad knowledge of immigration
law and procedure, should be provided for all representatives, whether full or partial
accreditation is sought.
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experience through its staff, attorneys, or other organizations that have
attorneys or fully accredited representatives with whom it can consult.
Although the organization need not actually represent aliens in all aspects of
immigration law, especially those in which its staff may be inexperienced, or
offer a full range of immigration legal services, it should have a plan for
directing aliens to other recognized organizations with appropriate knowledge
and experience or to other acceptable sources of free or low cost legal services.
III. ANALYSIS
The applicant has submitted proof of its nonprofit status, bylaws, and
funding sources. Its president, who is also the chief executive officer, states
that it does not charge any fees for immigration legal services or impose any
membership dues. Our review of the organization’s application and its
supporting documentation therefore satisfies us that it makes only nominal
charges and assesses no excessive membership dues for persons given
assistance. 8 C.F.R. § 1292.2(a)(1).
We also find that the organization has demonstrated that it has at its
disposal adequate knowledge, information, and experience in all aspects of
immigration law and procedure. 8 C.F.R. § 1292.2(a)(2). The applicant has
shown that it has adequate library resources, not only by means of access to
books, such as the Immigration and Nationality Act and the Code of Federal
Regulations, but also by access to additional legal resources via the internet.
The applicant reports that its staff has access to the virtual law library of the
Executive Office for Immigration Review and that it is familiar with various
other websites, including those of the DHS, the Department of State, and other
sources that provide information regarding immigration law, which are
available at http://www.uscis.gov/portal/site/uscis; http://www.usdoj.gov/eoir/;
http://www.state.gov/; http://www.shus term an.com/; and
http://www.cliniclegal.org/. It indicates that members of its staff are also
members of the New York Immigration Coalition and obtain training and
technical assistance from that source.
The applicant has provided the most recent annual newsletter and annual
report of the organization and a news article and materials relating to the
citizenship services offered by the organization. It has also included an
organizational chart and letters to demonstrate that it has an arrangement with
an experienced immigration attorney who is duly admitted to the State bar to
act as its legal consultant and to supervise its nonattorney staff. It has
submitted the resumes of its legal consultant and its principal nonattorney
employee, as well as additional evidence that its nonattorney employee has
completed immigration training in all aspects of immigration law and
procedure, despite the fact that she primarily provides services to aliens
561Cite as 24 I&N Dec. 556 (BIA 2008) Interim Decision #3614
seeking citizenship. She has demonstrated that she has completed 10 sessions
of training in various aspects of immigration law since 2005 and has provided
detailed descriptions of the topics addressed in these courses, which include
the basics of immigration law and relief in immigration proceedings. She also
has extensive work experience for immigration attorneys and numerous letters
of recommendation attesting to her expertise in immigration law. Based on all
of the above evidence, we find that the applicant organization meets the
requirements for recognition.
Finally, it should be emphasized that the approval granted in this decision
is a limited approval relating only to the recognition of the organization, and
not to the accreditation of its representatives. That is, the applicant’s
representatives are not automatically authorized to practice before the Board
or the DHS. Pursuant to 8 C.F.R. § 1292.2(d), an organization recognized
under 8 C.F.R. § 1292.2(a) may apply for accreditation of persons of good
moral character to act as its representatives. Any such application should be
filed with the Board, along with proof of service of a copy of the application
on the appropriate offices of the Department of Homeland Security.
ORDER: The application for recognition is approved.
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