Monday, April 15, 2024

USCIS ISSUES NEW GUIDANCE ON THE VALIDITY PERIOD OF MEDICAL EXAMS

On April 04, 2024, The U.S. Citizenship and Immigration Services (USCIS) issued a policy alert announcing official guidance in the USCIS Policy Manual clarifying the validity period of Form I-693, Report of Immigration Medical Examination and Vaccination Record, also known as the medical exam. Generally, all green card applicants are required to submit a valid medical exam to prove to the USCIS that the applicant’s green card application cannot be denied for health-related reasons. According to the USCIS, all medical examinations signed by a Civil Surgeon on or after November 1, 2023, will remain valid indefinitely.

The welcomed change in policy is due to technological advances in public health which allow civil surgeons to share some of the applicant’s medical data directly with the Centers for Disease Control and Prevention (CDC) and local U.S. health departments. Subsequently, a medical exam signed by a civil surgeon on or after Nov. 1, 2023, will never expire. Prior to this change, all properly completed medical exams were valid for only two years from the date of the civil surgeon’s signature.

However, the USCIS reminds applicants, that even in cases where an applicant’s medical exam is facially valid, USCIS officers do have the authority to request a new or updated medical exam if the reviewing officer has reason to believe the applicant’s medical condition has changed or if the reviewing officer has reason to believe the medical exam does not accurately reflect the applicant’s medical condition.  If you have any questions about how this guidance may impact your application, please contact Musillo Unkenholt.  

Thursday, April 11, 2024

MAY 2024 VISA BULLETIN: ANALYSIS

The Department of State has just issued the May 2024 Visa Bulletin. This blog post analyzes this month's Visa Bulletin.

Visa Bulletin

Table A: Final Action Dates -- Applications with these dates may be approved for their Green Card (Permanent Residency card) or Immigrant Visa appointment.

Employment-based

All Chargeability 
Areas Except
Those Listed

CHINA-
mainland 
born

INDIA

MEXICO

PHILIPPINES

1st

C

01SEP22

01MAR21

C

C

2nd

15JAN23

01FEB20

01APR12

15JAN23

15JAN23

3rd

22NOV22

01SEP20

15AUG12

22NOV22

22NOV22

Table B: Dates of Filing

The USCIS will use the Table A Final Action chart for I-485 employment-based filings. See: USCIS Visa Bulletin Dates

MU Law Analysis

All dates mirrored the April 2024 Visa Bulletin.  We do not expect any meaningful progression for the remainder of the US fiscal year.  The US fiscal year ends on September 30, 2024.

Wednesday, April 10, 2024

AUTOMATIC EXTENSION OF CERTAIN EADs INCREASES TO 540 DAYS

USCIS has announced a temporary final rule increasing the automatic extension period for certain employment authorization documents (EADs) from 180 days to 540 days.

The rule applies to eligible workers with pending renewal applications filed on or after October 27, 2023, and to those who file renewal applications between April 8, 2024, and September 30, 2025.

Eligible workers include, but are not limited to:

  • E-1/2/3 spouses (A17);
  • L-1 spouses (A18);
  • Certain H-1B spouses; and
  • Workers with pending Adjustment of Status applications (C9).

A full list of the eligible categories may be found on the USCIS website here.

The temporary final rule follows a previous measure from 2022 that increased the EAD automatic extension period for workers with renewal applications filed before October 27, 2023.

USCIS estimates the temporary final rule will benefit 800,000 workers and 60,000 to 80,000 employers by preventing prevent lapses in work authorization.

From now until June 7, 2024, USCIS invites comments from the public on whether the automatic extension period for EADs should be permanently increased to 540 days or whether a different solution should be implemented.

MU Law encourages workers with pending EAD renewal applications to contact their MU immigration attorney to determine if they qualify for the automatic 540 EAD extension.

Please refer to the USCIS press release for further details. Comments may be submitted on the Federal Register until June 7, 2024.

Monday, April 8, 2024

Webinar on USCIS Online Filing for H-1Bs

MU Law will be hosting a FREE webinar for our clients and friends on Friday, April 12, 2024 at 12PM Eastern (11AM Central).

Join us for this FREE webinar to learn more about the USCIS' new online filing for H1Bs.