2.4 - Accredited Representatives

(a) Generally — A fully accredited representative is a practitioner who is not an attorney and is approved by the Assistant Director for Policy or the Assistant Director’s designee to make appearances before the Board, the immigration courts, and/or DHS. A partially accredited representative is a practitioner authorized to appear solely before DHS.  An accredited representative must, among other requirements, have the character and fitness to represent respondents and be employed by, or be a volunteer for, a non-profit religious, charitable, social service, or similar organization that has been recognized by the Assistant Director for Policy or the Assistant Director’s designee to represent respondents.  8 C.F.R. §§ 1292.1(a)(4), 1292.11(a), 1292.12(a)-(e).  Accreditation of an individual is valid for a period of up to three years, and recognition of an organization is valid for a period of up to six years.  8 C.F.R. §§ 1292.11(f), 1292.12(d).  Both may be renewed.  8 C.F.R. § 1292.16.  

(b) Recognized Organizations — The Assistant Director for Policy or the Assistant Director’s designee, in the exercise of discretion, may recognize an eligible organization to provide representation through accredited representatives.  See 8 C.F.R. § 1292.11(a); Chapter 2.2(b) (List of Pro Bono Legal Service Providers).  To be recognized by EOIR, an organization must affirmatively apply for that recognition.  Such an organization must establish, among other requirements, that it: is a non-profit religious, charitable, social service, or similar organization; is a Federal tax-exempt organization; has at its disposal adequate knowledge, information, and experience in immigration law and procedure; and, if the organization charges fees, has a written policy for accommodating clients unable to pay fees for immigration legal services.  The qualifications and procedures for organizations seeking recognition are set forth in the regulations.  8 C.F.R. §§ 1292.11, 1292.13.  A recognized organization also has reporting, recordkeeping, and posting requirements.  8 C.F.R. § 1292.14.  The R&A FAQs provide responses to the most common questions about recognition.  Questions regarding recognition not addressed in the R&A FAQs may be directed to the Recognition and Accreditation Program in the EOIR Office of Policy.  See Appendix A (Directory).

(c) Accredited Representatives — 

(1) Qualifications — Recognized organizations, or organizations applying for recognition, may request accreditation of individuals who are employed by or volunteer for that organization.  The Assistant Director for Policy or the Assistant Director’s designee, in the exercise of discretion, may approve accreditation of an eligible individual.  No individual may apply on their own behalf.  Accreditation is not transferrable from one representative to another, and no individual retains accreditation upon separation from the recognized organization.  The qualifications and procedures for individuals seeking accreditation are set forth in the regulations.  8 C.F.R. §§ 1292.12, 1292.13.  In addition, a fully accredited representative must register with EOIR’s eRegistry in order to appear before the Board.  See Chapter 2.4(c)(1)(A) (eRegistry).  The R&A FAQs provide responses to the most common questions about accreditation.

(A) eRegistry — A fully accredited representative must electronically register with eRegistry through ECAS in order to appear before the Board and to use ECAS.  See 8 C.F.R. § 1292.1(f).  A fully accredited representative who fails to provide required registration information risks being administratively suspended from practice before EOIR.  Access and instructions for eRegistry can be found on the EOIR website.  Once EOIR has activated the registered account, the fully accredited representative will be assigned a unique EOIR ID number.

(B) Address Obligations — All practitioners have an affirmative   duty to keep the immigration court apprised of their current contact information, including address, email address, and telephone number.  Changes in an accredited representative’s address or contact information should be made by updating the registration information in EOIR’s eRegistry to include the new address and contact information.  See Chapter 2.1(b)(6) (Address Obligations of Practitioners).

(2) Appearances — Fully accredited representatives must complete the proper form to make an appearance before the Board.  To perform the functions of and become the practitioner of record, an accredited representative must file a Notice of Appearance (Form EOIR-27) for each represented respondent.  See 8 C.F.R. §§ 1003.2(g)(1), 1003.3(a)(3), 1003.38(g)(1), 1292.4(a); Chapter 2.1(b) (Entering an Appearance as the Practitioner of Record).  Fully accredited representatives who have not filed a Form EOIR-27 to become the practitioner of record in a proceeding before the Board and who provide document assistance to pro se respondents with the drafting, competition, or filling in the blank space of a specific appeal, motion, brief, form, or other document or set of documents intended to be filed with the Board must disclose such assistance by completing a Notice of Limited Appearance (Form EOIR-60), which must be filed along with the assisted document or set of documents.  See 8 C.F.R. §§ 1003.2(g)(1), 1003.3(a)(3), 1003.38(g)(2); Chapter 2.1(c) (Limited Appearance for Document Assistance).

If information is omitted from Form EOIR-27 or Form EOIR-60, or they are not properly completed, the fully accredited representative’s appearance may not be recognized, and any accompanying filing may be rejected.   

(3) Immigration Specialists/Consultants — Accredited representatives should not be confused with non-lawyer immigration specialists/consultants, visa consultants, and “notarios.”  See Chapter 2.7 (Immigration Specialists/Consultants).  Accredited representatives must be expressly accredited by the Assistant Director for Policy or the Assistant Director’s designee and must be employed by or volunteer for an organization specifically recognized by the Assistant Director for Policy or the Assistant Director’s designee.

(4) Verification —  To verify that an individual has been accredited by EOIR, please consult the Accredited Representatives List at https://www.justice.gov/eoir/recognition-accreditation-roster-reports.

(d) Accredited Representative and Recognized Organization Misconduct —  Accredited representatives and recognized organizations must comply with certain standards of professional conduct.  See 8 C.F.R. § 1003.101 et seq.  The Executive Office for Immigration Review has the authority to impose disciplinary sanctions upon accredited representatives and recognized organizations who violate rules of professional conduct before the Board, the immigration courts, and DHS. See Chapter 11 (Discipline of Practitioners).

(e) Request to be Removed from List of Recognized Organizations or Accredited Representatives — A recognized organization or an accredited representative who no longer wishes to be on the Recognized Organizations and Accredited Representatives Roster must submit a written request to the Recognition and Accreditation Program.  See Appendix A (Directory).