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.  

MEDICAL EXAMS NOW VALID FOR TWO YEARS – USCIS ENDS 60 DAY SIGNATURE RULE

Effective March 31, 2023, USCIS no longer requires that the medical exam (Form I-693) be submitted to USCIS within 60 days of the civil surgeon’s signature.  Medical exams remain valid for two years after the civil surgeon’s signature, regardless of when the underlying immigration application was submitted to USCIS, including I-485 applications for green cards. 

USCIS indicates that this new policy will allow the USCIS to process I-485 applications more expeditiously instead of requesting updated medical exams.  USCIS also clarified that civil surgeons must use the current edition of Form I-693 as of the date of the civil surgeon’s signature and comply with the CDC’s Technical Instructions for Civil Surgeons in effect at the time of the civil surgeon’s signature.

USCIS EXTENDS WAIVER OF 60 DAY MEDICAL EXAM REQUIREMENT

In December 2021, USCIS announced that it would waive the requirement that the medical exam, Form I-693, be signed by the civil surgeon no more than 60 days prior to filing the I-485, Application to Register Permanent Residence or Adjust Status (green card application).  This waiver of the 60-day rule was set to expire on September 30, 2022. USCIS just announced that this waiver has been extended to March 31, 2023.

This extension will provide additional flexibility to I-485 applicants and allow them to avoid having to undergo a second medical exam in many instances while still encouraging applicants to file the I-485 as soon as possible after completing the medical exam.

The I-693 medical exam will continue to remain valid for two years from the date of the civil surgeon’s signature, regardless of when the I-485 is filed.

 

EMPLOYMENT-BASED ADJUSTMENT OF STATUS: MEDICAL EXAMINATION REMINDER

As we grow closer to September 30, 2022, USCIS issued a reminder to applicants of the proper process regarding submitting Form I-693, Report of Medical Examination and Vaccination Record. In order to ensure efficient processing, the Service recommends the following when submitting a medical exam Form I-693:

1.)  If you have already submitted your Form I-485, Application to Register Permanent Residence or Adjust Status, then you should not send the Form I-693 separately until USCIS issues a notice requesting the form be sent to them.

2.)  Similarly, if a Form I-693 was not included with your I-485 petition, and the underlying petition (I-130 or I-140) is approved, and your priority date is current on the final action chart, then you may want to schedule an appointment with a civil surgeon so that you can have the completed I-693 on hand when the request arrives. To locate a civil surgeon please visit the USCIS website here.

3.)  If you have not yet filed your I-485 but are planning on filing it in the immediate future, USCIS recommends including a completed form I-693 at the time of filing.

4.)  USCIS has temporarily extended the time that the civil surgeon’s signature remains valid on the Form I-693 until September 30, 2022. Signatures currently are valid for two years from the date the form is signed.

USCIS has the goal of using all the available employment-based immigrant visas (green cards) this fiscal year even with the increased number of immigrant visas available. Should you have any questions regarding your personal case, please reach out to your attorney or contact at MU.

USCIS 60 DAY MEDICAL EXAM REQUIREMENT TEMPORARILY WAIVED

USCIS has announced that it will waive the requirement that the medical exam Form I-693 be signed by the civil surgeon no more than 60 days prior to filing the I-485, Application to Register Permanent Residence or Adjust Status (green card application).  This waiver of the 60-day rule is effective from December 9, 2021 until September 30, 2022.  The I-693 medical exam will continue to remain valid for two years from the date of the civil surgeon’s signature, regardless of when the I-485 is filed.

This policy will provide additional flexibility to I-485 applicants and allow them to avoid having to undergo a second medical exam in many instances while still encouraging applicants to file the I-485 as soon as possible after completing the medical exam.