Background

This transmittal updates the instructions contained in HALLEX I-2-0-72, Assigning and Processing Requests for Hearing Filed by Claimants Who Do Not Reside in the United States, to reflect changes to the hearing office business process and to clarify that the Office of International Operations does not hold hearings for foreign claimants who request a hearing before an Administrative Law Judge.

Explanation of Content and Changes

I-2-0-72 A. We inserted relevant regulations and added language to clarify that hearings are not conducted outside of the United States or by video teleconferencing from outside of the United States.

I-2-0-72 E. We revised the subsection title to reflect that it pertains to paper claim folders. We also revised the subsection to reflect changes in the hearing office business process for foreign claims and to emphasize that hearings are not held by the Office of International Operations. We included information about the jurisdiction of title XVI claims and concurrent title II and title XVI claims and how the Chief ALJ or designee sends an acknowledgement letter to the foreign claimant. We also provided instructions regarding aged cases.

I-2-0-72 F. We inserted a new subsection pertaining to processing fully electronic foreign claims. We relocated the information that previously appeared there to I-2-0-72 G.

I-2-0-72 G. This subsection now provides information that previously appeared in I-2-0-72 F. We changed “point of entry” to the “port of entry” closest to the designated hearing office as the designated geographical location for evaluating the claimant's request for reimbursement of travel expenses to agree with 8 CFR 1235 which requires people entering the country to enter at a port of entry.

I-2-0-72 H. We noted that the HO sends an acknowledgment letter after receiving the request for hearing and the claim file.

Date: November 22, 2011