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What is a DOJ accredited representative?

An accredited representative is a non-attorney the Department of Justice has approved to represent people in immigration matters, working only through a DOJ-recognized non-profit. 'Full' accreditation covers USCIS, immigration court and the BIA; 'DHS only' covers USCIS and the rest of DHS.

Most people assume only a lawyer can represent them in an immigration case. Federal rules add one more group: accredited representatives. They are not attorneys, but the Department of Justice's Executive Office for Immigration Review (EOIR) has approved each one, and each works for a non-profit organization EOIR has "recognized".

As of the roster report dated 4 October 2026, EOIR listed 951 recognized organizations and 2,638 accredited representatives. This page explains what accreditation means, what the two levels cover, how an organization and a representative qualify and renew, what they may charge, and how to check a name.

Where accredited representatives fit in the rules

8 CFR 292.1(a) (DHS) and 8 CFR 1292.1(a) (EOIR) list who may represent another person in an immigration matter. Alongside attorneys, the list includes "accredited representatives" of recognized organizations. Anyone not on the list may not represent others (8 CFR 292.1(e)).

The detailed rules are in 8 CFR 1292.11 to 1292.20. Under 1292.12(a), only a recognized organization may ask for an individual to be accredited, and the individual must be employed by or volunteer with that organization. The rule also requires that the person "is not an attorney". An accredited representative therefore always acts for a named organization, not as an independent business.

Full accreditation vs partial ('DHS only')

8 CFR 1292.12(a) creates two levels:

  • Full accreditation: the representative "may represent clients before the Immigration Courts, the Board, and DHS". To get it, the organization must also show the person has "skills essential for effective litigation".
  • Partial accreditation: the representative "may represent clients only before DHS". DHS includes USCIS, so this covers benefit applications such as family petitions, green card applications and naturalization.

On the EOIR roster, partially accredited representatives are marked "DHS only" next to their name. EOIR's FAQ says that if you need help with a case in immigration court, look for a representative without "DHS only" next to their name.

How an organization becomes 'recognized'

Under 8 CFR 1292.11(a), an organization must show it:

  1. is "a non-profit religious, charitable, social service, or similar organization that provides immigration legal services primarily to low-income and indigent clients within the United States", and, if it charges fees, "has a written policy for accommodating clients unable to pay fees";
  2. is "a Federal tax-exempt organization established in the United States";
  3. has at least one accredited representative approved at the same time (with limited exceptions on renewal);
  4. has access to adequate knowledge, information and experience in immigration law; and
  5. has named an authorized officer.

The application (Form EOIR-31) must include, among other things, the organization's fee schedule and its fee-waiver or reduced-fee policies if it charges fees (8 CFR 1292.11(b)).

Recognition lasts six years, or two years for first-time "conditional" recognition (8 CFR 1292.11(f)). EOIR's program page says organizations with initial recognition must renew within two years, then every six years.

How a person becomes accredited, and for how long

For each person, the organization files Form EOIR-31A. Under 8 CFR 1292.12(a) the organization must show the individual:

  • has the character and fitness to represent clients (criminal background, past dishonesty and similar factors are examined);
  • works for or volunteers with the organization;
  • is not an attorney;
  • is not under any order disbarring or suspending them from practice, and did not resign during a pending disciplinary case;
  • has not been found guilty of a serious crime as defined in 8 CFR 1003.102(h); and
  • has "broad knowledge and adequate experience in immigration law and procedure", backed by training records (including a course on the fundamentals of immigration law) and two letters of recommendation (1292.12(c)).

Accreditation is valid for three years (8 CFR 1292.12(d)) and must be renewed on or before the third anniversary (1292.16(b)(2)).

EOIR's FAQ (revised December 2025) adds a training rule: from 15 December 2025, accredited representatives must show at least 10 hours of immigration-related training per year, including at least one hour of ethics or professional responsibility. It applies to renewal applications submitted on or after 15 December 2026.

What an accredited representative may charge

The rules do not say accredited representatives work at no charge. They say the organization serves "primarily low-income and indigent clients" and that, if it charges fees, it must have a written policy for clients who cannot pay (8 CFR 1292.11(a)(1)). Recognized organizations must keep their fee schedule on file for each office (8 CFR 1292.14(b)).

In practice this means:

  • some organizations charge $0 for legal work, and others charge set fees (amounts are set by each organization);
  • government filing fees (for example USCIS form fees) are separate and usually still apply unless a fee waiver is available for that form;
  • you can ask any recognized organization for its fee schedule and its fee-waiver policy before you start.

An accredited representative cannot set up as a private, for-profit practice: accreditation depends on the person working through the recognized non-profit (1292.12(a)).

How to check an accredited representative on the roster

8 CFR 1292.20 requires EOIR to publish the roster. It is on the EOIR site as three PDFs: Recognized Organizations, Accredited Representatives, and a list by state. Each shows when it was last updated (4 October 2026 at the time of writing).

When you check a name:

  1. Find the person on the Accredited Representatives list and confirm the organization next to their name is the one you are dealing with.
  2. Look at the accreditation expiration date and the status. An asterisk means a renewal is pending.
  3. Look for "DHS only". If your matter is in immigration court, that person cannot represent you there.
  4. Check the organization on the Recognized Organizations list, including its recognition expiry and office addresses.

EOIR may terminate recognition or accreditation and remove the organization or person from the roster (8 CFR 1292.17), for example if renewal is not filed on time. Anyone may file a complaint about a recognized organization or accredited representative with EOIR or DHS disciplinary counsel, in writing or on Form EOIR-44 (8 CFR 1292.19). The R&A Program can be reached at R-A-Info@usdoj.gov or (703) 305-9029.

Accredited representative or attorney: what differs

This is a factual comparison, not a suggestion either way:

  • Who licenses them. An attorney is licensed by a state's highest court or bar. An accredited representative is approved by EOIR for a set term, through a named non-profit.
  • Where they can appear. An attorney may appear before USCIS, immigration court and the BIA. An accredited representative may appear only where their accreditation allows (full or DHS only).
  • Scope. An accredited representative's authority comes from 8 CFR 1292 and covers representation in immigration matters. An attorney's licence is a general licence to practise law in their state.
  • Cost structure. Private attorneys set their own fees under their state's Rule 1.5. Recognized organizations serve mainly low-income clients and must have a written policy for people who cannot pay.

Both must be checked on the official register before you rely on them.

Finding a licensed attorney or accredited representative

Migratio's directory lists immigration attorneys and DOJ-accredited representatives. Listings are shown in a neutral order with factual filters (state, language, attorney or accredited representative). Migratio does not recommend, rank or match any lawyer, and it is not a lawyer referral service. Check any listing yourself against the state bar or the EOIR roster before you sign anything.

See attorneys and accredited representatives in the directory.

Notaries public, notarios and immigration consultants are not lawyers and cannot give immigration legal advice. Only a licensed attorney or a DOJ-accredited representative can.

Migratio is not a law firm and does not give legal advice. Only a licensed attorney or a DOJ-accredited representative can advise you.

Questions people ask

Is a DOJ accredited representative a lawyer?

No. 8 CFR 1292.12(a) requires that an accredited representative 'is not an attorney'. They are approved by EOIR to represent clients in immigration matters, but only through a DOJ-recognized non-profit organization.

Where can I find the list of DOJ accredited representatives?

EOIR publishes the roster as PDFs on its 'Recognition & Accreditation (R&A) roster reports' page: Recognized Organizations, Accredited Representatives, and a list by state. The October 2026 reports list 951 organizations and 2,638 representatives.

What does 'DHS only' mean on the EOIR roster?

It marks partial accreditation. That representative may represent clients before DHS, including USCIS, but not in immigration court or before the Board of Immigration Appeals.

Can an accredited representative represent me in immigration court?

Only if they hold full accreditation, shown on the roster by the absence of 'DHS only' next to their name (8 CFR 1292.12(a)).

Do accredited representatives charge fees?

Some organizations charge $0 for legal work and some charge fees. If a recognized organization charges, it must have a written policy for clients who cannot pay (8 CFR 1292.11(a)(1)). Government filing fees are separate.

How long does accreditation last?

Three years from approval, renewable (8 CFR 1292.12(d), 1292.16). Organization recognition lasts six years, or two years for first-time conditional recognition (8 CFR 1292.11(f)).

Sources

Last checked 2026-10-09.

Related guides

  • Who can legally give US immigration advice? — Attorneys in good standing and DOJ-accredited representatives of recognized non-profits can advise and represent you; a few narrow categories can appear unpaid. Notaries, notarios and immigration consultants cannot give immigration legal advice. Form preparers may only fill in blanks for a nominal fee.
  • Free ($0) and low-cost immigration legal help: where it comes from — Legal help at $0 or low cost comes mainly from three official sources: EOIR's List of Pro Bono Legal Service Providers (for people in immigration court), DOJ-recognized non-profits with accredited representatives, and supervised law school clinics. Government filing fees usually still apply.
  • How to check an immigration lawyer's license — Ask which state licenses the lawyer, look them up on that state's bar or court register, then check EOIR's List of Currently Disciplined Practitioners. For a non-lawyer accredited representative, check the EOIR roster instead.
  • Notario vs. immigration lawyer: what a notary can't do — In the United States a notary public (notario público) is not a lawyer and may not give immigration legal advice or represent you. Federal rules limit representation to attorneys, DOJ-accredited representatives and a few narrow categories.
  • How to choose an immigration lawyer: 10 checks — Check the licence and discipline record, confirm who will do the work, get the scope and fee in writing, and walk away from guarantees. These ten checks are facts you can verify; the decision is yours.