Month: April 2024

USCIS announced last week that the Form I-693 Report of Immigration Medical Examination and Vaccination Record will no longer expire and can be used indefinitely so long as it was properly competed and signed by a U.S. civil surgeon on or after November 1, 2023. Woo!

Getting the medical exam completed can be expensive and time-consuming. Previously, long processing timelines resulted in applicants for lawful permanent residence needing to re-do their medical exams before their green card could be issued. Now, thanks to updates to public health electronic notification and recommendations from the CDC, USCIS has determined that a Form I-693’s evidentiary value should no longer be limited to a certain period if it is properly completed and was signed by a civil surgeon on or after Nov. 1, 2023. Of course, USCIS officers always have discretion to request more evidence or a new or updated Form I-693 if they have reason to believe the applicant’s medical condition has changed, that the Form I-693 submitted does not accurately reflect the applicant’s medical condition, or the applicant may be inadmissible on other health-related grounds.

If an applicant’s immigration medical examination was completed before Nov. 1, 2023, the prior policy still applies and the medical exam results will be valid for two years from the date of the civil surgeon’s signature.

The I-693 is filed when someone applies to get lawful permanent residence in the United States as a way of showing that they are not subject to any of the medical grounds of inadmissibility. Four general medical conditions can arise to make someone ineligible for permanent residence in the U.S. based on medical grounds. Those include:

1. Drug abuse or addition;
2. Failure to show proof of required vaccinations;
3. A communicable disease of public health significance; and/or
4. A physical or mental disorder with associated harmful behavior.

Public health concerns have been reflected in U.S. immigration law since the Immigration Act of 1882. Among other concerns, “persons suffering from a loathsome or a dangerous contagious disease” were not allowed to enter the United States. In 1990, Congress narrowed health-related grounds of inadmissibility to include only noncitizens with communicable diseases, physical or mental disorders with associated harmful behavior, or those with drug abuse or addiction problems. As of 1996, Congress began to require that all immigrant visa and adjustment of status applicants establish that they have been vaccinated against certain vaccine-preventable diseases.

If you’re looking to become a lawful permanent resident in the U.S. and have questions about health-related grounds of inadmissibility, reach out for a consultation.

The Department of Homeland Security (DHS) published a temporary final rule that will increase the automatic extension period applicable to certain expiring Employment Authorization Documents (EADs) to up to 540 days from the expiration date stated on the EADs. The temporary final rule is effective as of April 8, 2024. DHS is effecting these changes to prevent renewal applicants from experiencing a lapse in their employment authorization and documentation. Without this temporary rule, DHS estimates that approximately 800,000 renewal EAD applicants would be in danger of having their applications remain pending beyond the current 180-day auto-extension period because of USCIS processing delays. Thus, the 540-day extension is a welcome and necessary update. Comments on the temporary final rule are due by June 7, 2024.

It has been a whirlwind of a first quarter for USCIS and immigration attorneys across the country. In addition to USCIS announcing the conclusion of the H-1B Cap Lottery selection process yesterday, it was also the first day that USCIS’s new fee rule went into effect. Additionally, it was the first day that new versions of some of the most common immigration forms such as the I-129 and I-140 took effect. For some of these forms there is no grace period to accept prior editions of the forms, while for others prior editions will be accepted through June 3, 2024. The filing location for many immigration applications and petitions has also changed. CYA attorneys and staff are closing following all these updates and moving pieces. Never a dull moment trying to stay on top of the many substantive and procedural changes in the world of immigration! If you have questions about these or other changes, please reach out to your attorney or schedule a consultation with us.

This afternoon, USCIS announced that it had finished the process of notifying the winners of the H-1B Visa Lottery. All those “selected” to proceed, must file their H-1B petitions by June 30, 2024. Later in the summer, if USCIS determines that there are still H-1B visas available for this fiscal year, USCIS will initiate another round of “selections.”