Author: Breanne Johnson

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.

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.

If you thought USCIS was catching up with the 21^st century, think again! USCIS recently issued updated guidance regarding the signature requirement for the USCIS fillable version of the Form I-9. Even though the Form I-9 is an electronic fillable form, USCIS has clarified that employers/employees must still print and manually sign the form rather than typing or electronically signing signatures. Thus, employers and employees using the fillable version of the Form I-9 may electronically type answers directly into the form, except for the signature blocks. Any I-9s that have been completed with an electronic signature are noncompliant and need to be corrected. For more info, see this link.

The Senate is hurrying to pass a set of six government funding bills before the shutdown deadline looms at the end of Friday March 8th. While there’s confidence that a shutdown won’t occur, securing unanimous agreement among all 100 senators on a voting schedule is still crucial. Once the Senate greenlights the funding bills, they’ll head to President Joe Biden for his signature, after having been approved by the House on Wednesday. Lawmakers are grappling with two impending shutdown deadlines, one on Friday March 8th and another on March 22nd.

If government agencies close for budgetary reasons, all but “essential” personnel are furloughed and are not allowed to work. Below is a brief summary of how U.S. immigration agencies have operated during prior shutdowns.

• U.S. Department of Homeland Security (DHS): Nearly three in four DHS employees – more than 185,000 people – would be required to continue working through a shutdown, without receiving a paycheck. Those working without pay include law enforcement officers, analysts, investigators, and disaster response officials conducting work such as border security and deportation and removal operations. DHS provided the following information regarding what would happen during a government shutdown.
• U.S. Citizenship and Immigration Services (USCIS): USCIS is a fee-funded agency so if the government shuts down, USCIS typically continues to operate per normal with the exception of any programs that receive appropriated funds such as the E-Verify program.
• U.S. Department of State (DOS): Visa and passport operations are fee-funded and thus are not normally impacted by a shutdown. However, consular operations can be impacted if there are insufficient fees to support operations at a particular post. In this case, posts will generally only handle diplomatic visas and emergencies.
• U.S. Customs and Border Protection (CBP): CBP personnel are considered “essential.” Ports of entry will be open, and processing of passengers will continue; however, processing of applications filed at the border may be impacted.
• Immigration and Customs Enforcement (ICE): ICE enforcement and removal operations continue during a shutdown, although ICE attorneys generally focus on the detained docket. The ICE Student and Exchange Visitor Program (SEVP) offices are unaffected since SEVP is funded by fees.
• Executive Office for Immigration Review (EOIR): Immigration court cases on the detained docket will proceed during a lapse in congressional appropriations while non-detained docket cases will be reset for a later date when funding resumes.
• U.S. Department of Labor (DOL): The DOL would stop processing all applications in the event of a government shutdown, and personnel would not be available to respond to e-mail or other inquiries. Web-based systems, such as FLAG and PERM, would be inaccessible, and BALCA dockets will be placed on hold.

This week Senate negotiators proposed a bipartisan deal to address the situation at the U.S. – Mexico border. However, on Wednesday, the Senate encountered a roadblock as the bipartisan border and national security bill failed to move forward.

The vote margin was razor-thin, with 49 senators in favor and 50 opposed; 45 Democrats and four Republicans supported advancing the bill, falling short of the required 60 votes to initiate debate. The majority of the GOP caucus opposed the bill’s advancement, arguing that it inadequately addressed the escalating crisis at the US-Mexico border, where unauthorized crossings have surged to record levels. Additionally, five members of the Democratic caucus voted against the bill due to concerns over the severity of proposed border security measures and the allocation of funds for Israel’s military amidst ongoing conflicts, notably in Gaza. The proposed $118 billion bill included provisions granting the president new authority to close the border during periods of heightened crossings and expediting the asylum review process, potentially leading to expedited deportations. It also allocated $60 billion in military aid for Ukraine, $14 billion in security assistance for Israel, and $10 billion in humanitarian aid for civilians affected by conflicts in Ukraine, Gaza, and the West Bank.

Starting next month, employers looking to sponsor H-1B specialty occupation workers will have the option to file online and create organizational accounts with U.S. Citizenship and Immigration Services. Alongside I-129 petitions for H-1B workers, online submission of premium processing requests will also be available. The introduction of organizational accounts enables multiple individuals within a company to file petitions through a single account.

The H-1B registration process, which went online in 2020, precedes the filing of I-129 petitions. Typically commencing in mid-March, the registration period leads to a lottery once USCIS receives enough registrations to meet the annual cap of 85,000 visas. By enabling this online filing change, the entire H-1B lifecycle, from registration to the final decision will become fully electronic. These changes aim to enhance efficiency, reduce duplicate registrations, and streamline the petition process.

The move towards a predominantly online process aligns with USCIS’s efforts to revamp the H-1B visa lottery, intending to prevent manipulation of the system. Stay tuned for further updates as this new system unfolds.

In a recent development, U.S. Citizenship and Immigration Services (USCIS) has announced an increase in premium processing fees, set to take effect in February 2024. Premium processing allows applicants to expedite the adjudication of certain employment-based immigration benefit requests, providing faster processing times for those willing to pay an additional fee. As of February 26, 2024, the premium processing fees USCIS charges will increase for all eligible forms and categories. The adjustment increases certain premium processing fees from $1,500 to $1,685, $1,750 to $1,965, and $2,500 to $2,805. Applicants and stakeholders are advised to stay informed about the updated fee structure and plan accordingly for any upcoming immigration submissions.

In the ever-evolving landscape of workforce management, U.S. Citizenship and Immigration Services (USCIS) has introduced a revamped I-9 form. The updated form reduces the I-9 down to a single page and creates two new supplements, one for reverifications/ rehires and the other for preparers/ translators to use. One notable addition to the new I-9 form is the provision for optional remote document examination, offering some employers greater flexibility in the hiring and onboarding process. This significant change allows eligible employers to remotely review and verify a new hire’s I-9 identity and employment authorization documents, alleviating the need to physically examine the documents in person.  At present, only E-Verify employers in good standing can utilize this new optional remote document examination process. The traditional, in-person method of I-9 document review and completion remains available to all employers. For more information on the new I-9 and the remote document examination process, please consult the following resources:

• I-9 Central
• M-274 Handbook for Employers
• USCIS I-9 Resources
• I-9 Form and Instructions

In a move to alleviate pressing labor shortages across various industries, the United States government has announced a temporary increase in the number of H-2B nonimmigrant visas for the fiscal year 2024. The temporary increase will allow for an additional 64,716 H-2B visas for the fiscal year. These supplemental visas are available only to U.S. businesses that are suffering irreparable harm or will suffer impending irreparable harm without the ability to employ all the H-2B workers requested in their petition.

The H-2B visa program is designed to allow U.S. employers to hire foreign workers for non-agricultural jobs on a temporary basis when there is a shortage of qualified American workers. This boost in available visas is a response to the growing demand for seasonal workers in sectors such as hospitality, landscaping, and construction. With the economy rebounding and businesses seeking to meet increased consumer demands, the move is expected to provide much-needed relief to employers grappling with workforce challenges.

In 2024, the U.S. Department of State is set to launch the Stateside Visa Renewal Pilot Project, an initiative aimed at simplifying the visa renewal process for eligible applicants currently in the United States. This project holds great promise, offering convenience, expedited processing, and a reduction in the visa renewal backlog.

While not all details of the program are currently available, we know the pilot project will:

• Begin in early 2024;
• Be limited to H-1B principals only;
• Be limited to nationals of countries that are not subject to reciprocity fees;
• Have eligibility requirements like those for participation in the interview waiver program;
• Be available for 20,000 applicants; and
• Be voluntary participation.

This initial pilot program is intended to be a limited test of the operationality of the stateside renewal program. While the project boasts numerous benefits, it’s essential to acknowledge the challenges, such as limited eligibility and potential administrative changes. Nevertheless, the Stateside Visa Renewal Pilot Project represents a significant stride forward towards a more user-friendly and efficient immigration system.