Visa Lawyer Blog

Articles Posted in Adjustment of Status

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This week we bring you new updates regarding the I-693 medical examination.

On April 4, 2024, the U.S. Citizenship and Immigration Services (USCIS) announced that any Form I-693, Report of Immigration Medical Examination and Vaccination Record, that was properly completed and signed by a civil surgeon on or after November 1, 2023, does not expire and can be used indefinitely as evidence to show that the applicant is not inadmissible on health-related grounds.

What is Form I-693?

The Form I-693 is a medical examination report that must be completed by a USCIS approved civil surgeon. It is a required document for certain noncitizens who must prove to USCIS that they are free of any health-related conditions that would make them inadmissible to the United States. This includes applicants applying for adjustment of status on Form I-485 (green card applicants).

Beginning December 9, 2021, USCIS recognized the validity of Form I-693 for a period of 2 years from the date the civil surgeon signed the form, regardless of when the underlying application was submitted.

What changed?

Medical Examinations Completed On or After November 1, 2023

USCIS has consulted with the Centers for Disease Control and Prevention (CDC) and determined that the validity of Form I-693 will no longer be limited to a certain period, so long as it was properly completed and signed by a civil surgeon on or after November 1, 2023.

Effective November 1st, the CDC has required civil surgeons to share certain medical data from the Form I-693 directly with CDC electronically. CDC and USCIS have also collaborated to improve the reporting of public health information collected on Form I-693 by civil surgeons to local U.S. health departments.

Before this policy update, civil surgeons were not required to share such information with CDC electronically.

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We are pleased to announce that the U.S. Citizenship and Immigration Services (USCIS) will soon publish a new temporary final rule in the federal register aimed at streamlining the processing of renewal applications for Employment Authorization Documents (also known as EADs) and increasing the automatic extension period of EADs.

What does this new rule propose?

The new temporary final rule (TFR) proposes an increase of the automatic extension period of certain employment authorization documents (EADs) from up to 180 days to up to 540 days from the expiration date printed on EADs.

Who will benefit?

This automatic extension will benefit employment-authorized noncitizens to prevent workforce interruption for those that have pending employment authorization renewal applications with USCIS, which were timely and properly filed on or after October 27, 2023.

Additionally, to be eligible for the automatic extension, the EAD renewal application must still be pending with USCIS on the date of the rule’s publication in the Federal Register on April 8, 2024.

It will also benefit any eligible applicant who files a renewal EAD application during the 540-day period beginning on or after April 8, 2024 (the date of the rule’s publication in the Federal Register).

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The Department of State has published the April 2024 Visa Bulletin, bringing significant advancements in the final action dates for most employment-based categories, and modest advancement for the family-sponsored categories when compared to the previous month.

Highlights of the April 2024 Visa Bulletin

Dates for Filing Chart

For the family-sponsored preference categories, the Dates for Filing Chart remains unchanged from the previous month, with the exception of the family sponsored fourth preference category (F4) for India which will advance by 1.5 months to April 8, 2006, and Philippines which will advance by 1 year to April 22, 2005.

Additionally, for employment-based petitions, the employment based first preference category (EB1A) India will advance by 3 months to April 1, 2021, and the employment-based third (EB3) preference category for India will advance by 1.5 months to September 15, 2012. Finally, the employment based fourth preference category (EB-4) will advance by 11 months to December 1, 2020.

All other preference categories remain unchanged from the previous month.

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The March 2024 Visa Bulletin is finally here, and with it we have big advancements in the family sponsored preference categories, and minor advancements in the employment-based categories.

Highlights of the March 2024 Visa Bulletin

Dates for Filing Chart

The Dates for Filing Chart remains unchanged from the previous month, for both the family sponsored and employment-based categories, with the exception of the employment-based fourth preference category, EB-4 which will advance by 4 months to January 1, 2020.

Employment-based categories

Movement in the Final Action Dates

The Final Action Dates Chart shows some modest advancements in some of the employment-based preference categories, specifically:

  • EB-1 China will advance by two weeks to July 15, 2022
  • EB-1 India will advance by 1 month to October 1, 2020
  • EB-2 Worldwide, Mexico, and the Philippines will advance by 1 week to November 22, 2022
  • EB-3 Worldwide, Mexico, and the Philippines will advance by 1 week to September 8, 2022
  • EB-3 Other Workers, Worldwide and Mexico will advance by 1 week to September 8, 2020
  • EB-4 will advance by more than 6.5 months to December 1, 2019

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On January 30, 2024, the U.S. Citizenship and Immigration Services (USCIS) published a final rule in the Federal Register making significant fee increases for various immigration applications and benefit requests. This fee increase will be the first major adjustment in the filing fees since 2016. The increase is meant to address the agency’s operational and financial challenges to support the timely processing of new applications.

The fee increase will take effect starting April 1, 2024. All applications postmarked after this date will be subject to the fee increases in the final rule.

TIP: To avoid paying the higher fees, USCIS must receive applications before April 1, 2024.

Highlights

  • Form I-130 (Petition for Alien Relative), used to petition for family members, including marriage green cards, will increase by 26% to $675 for paper filing, and $625 for online filers.
  • Form I-129F (Petition for Alien Fiancé(e)), used by U.S. Citizens to petition for their fiancé(e) to enter the U.S., will increase by 26 percent from $535 to $675
  • Form I-485 (Application to Register Permanent Residence or Adjust Status), used by immigrants seeking a green card for permanent residency, will increase by 18% from $1,225 to $1,440. Employment authorization, and advance parole, will now cost an additional $260 and $630, respectively. Previously these applications carried no additional cost when filing them alongside adjustment of status applications

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In this blog post, we provide new insights recently shared by Charlie Oppenheim, the former Chief of Immigrant Visa Control and Reporting at the U.S. Department of State, who oversaw the monthly publication of the Visa Bulletin until his retirement in 2022.

In a recent Chatting with Charlie webinar, he provided his expertise regarding the future movement of the employment based and family preference categories on the Visa Bulletin.

The Dates for Filing for the employment based and family sponsored preference categories have remained the same since the publication of the October Visa Bulletin with no forward movement to be seen.

In the month of February, the Final Action Dates progressed only slightly as follows:

Employment-based

  • EB-2 Worldwide advanced by two weeks to November 15, 2022
  • EB-3 India advanced by one month to July 1, 2012
  • EB-3 all other countries advanced by one month to September 1, 2022 (except China)
  • EB-5 China (Unreserved) advanced by one week to December 15, 2015.

Family-sponsored

  • F2A all categories (except Mexico) advanced by more than 3 months to February 8, 2020
  • F2A Mexico advanced by more than 3 months to February 1, 2020

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The February 2024 Visa Bulletin was recently published by the Department of State.

While the Dates for Filing Chart remains unchanged from the previous month, the Final Action Dates Chart shows some modest advancements in some of the employment-based preference categories, specifically EB-1 worldwide continues to be current, EB-2 Worldwide will advance by two weeks to November 15, 2022, EB-3 Professional and Skilled Workers, India will advance by one month to July 1, 2012, and the rest of the world will advance by one month to September 1, 2022. EB-5 India will advance by one week to December 15, 2015, while the rest of the world will remain current.

For family-sponsored categories, the Final Action Dates for F2A Worldwide, F2A China, F2A India, and F2A Philippines will advance by more than 3 months to February 8, 2020, while F2A Mexico will advance to February 1, 2020. The February Dates for Filing remain the same as the previous month.

Whether you are applying for an immigrant visa at a U.S. Consulate overseas or applying for adjustment of status to permanent residence in the United States, you won’t want to miss these new updates.

Highlights of the February 2024 Visa Bulletin

Employment-based categories

  • The February Dates for Filing remain the same as January 2024

Final Action Dates

  • EB-1 India: The EB-1 India Final Action Date will remain at September 1, 2020.
  • EB-1 China: The EB-1 China Final Action Date will remain at July 1, 2022
  • EB-1 Worldwide: All other countries will remain current.
  • EB-2 India: The EB-2 Final Action Date for India will remain at March 1, 2012
  • EB-2 China: The EB-2 China Final Action Date will remain at January 1, 2020.
  • EB-2 Worldwide: Final Action Dates for the remaining countries in EB-2 will advance by two weeks, to November 15, 2022.
  • EB-3 Professional/Skilled Workers: The EB-3 Professional/Skilled Worker Final Action for China, will remain at September 1, 2020. India will advance by one month to July 1, 2012. Final Action Dates for the remaining countries in the category will advance by one month to September 1, 2022.

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On January 5, 2024, the U.S. Citizenship and Immigration Services (USCIS) released updated policy guidance describing how the agency analyzes an employer’s ability to pay the offered wage to prospective employees with employment-based immigrant petitions requiring a job offer, filed with USCIS under the first, second, and third preference categories, also known as EB-1, EB-2, and EB-3.

Specifically, the policy guidance clarifies how an employer’s ability to pay will be demonstrated where a beneficiary of a pending Form I-140 Immigrant Petition for Alien Worker, decides to change to a new employer under the American Competitiveness in the Twenty-First Century Act of 2000 (AC-21).

As a general matter, employers must be able to demonstrate their continuing ability to pay the offered wage to employees with petitions filed under the employment first, second, and third preference categories (EB-1, EB-2, EB-3) starting from the priority date of the underlying I-140 petition, until the beneficiary receives lawful permanent resident status (a green card).

Under the updated guidance, when an employee moves to a new employer under AC-21 while the underlying I-140 petition is still pending, USCIS will determine whether the petitioner meets its ability to pay requirement by only reviewing the facts in existence at the time of filing. This means that, USCIS will only consider initial evidence submitted with the petition (and any responses to Requests for Evidence) to determine if the petitioner has established its ability to pay from the priority date to the date of filing the I-140 petition.

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If you are a family-based conditional permanent resident who was issued a two-year green card based on your marriage to a U.S. Citizen, then you may be interested to know that the U.S. Citizenship and Immigration Services (USCIS) recently updated its policy guidance for Form I-751 Petition to Remove Conditions on Permanent Residence.

The new policy guidance provides new updates for the following individuals:

  • Conditional permanent residents who filed an I-751 petition jointly with their spouse, but are no longer married since their filing (either because of divorce or abuse)
  • Cases where the I-751 petition is being terminated for failure to file the application on time with USCIS or lack of evidence.

Overview

By law, your permanent resident status is conditional if you were married to a U.S. Citizen for less than 2 years on the day you obtained permanent resident status.

This means that at the end of your I-485 adjustment of status (green card) application process, you will receive conditional permanent residence (a 2-year green card) if you were married for less than 2 years at the time of the adjudication of your I-485 adjustment of status application. On the other hand, those who have been married for more than 2 years receive a 10-year green card that is not subject to conditions.

To remove the conditions on permanent resident status, conditional permanent residents must file Form I-751 Petition to Remove Conditions on Permanent Residence within the 90-day period before the expiration of their green card status. The I-751 petition must be filed jointly with your U.S. citizen spouse, or you must qualify for a waiver of the joint filing requirement if you are no longer married.

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Yesterday, Wednesday December 13, 2023, the United States Citizenship, and Immigration Services (USCIS) announced that it will be transitioning the filing location for Form I-907 Requests for Premium Processing Service, when filed for a pending Form I-140, Immigrant Petition for Alien Worker, to appropriate USCIS lockboxes starting Friday December 15, 2023.

This is being done to increase efficiency and reduce the workload of service centers. USCIS has also said that this change will allow it to centralize digitization of these forms for electronic adjudication.

Please note that this change in filing location does not apply to those filing Form I-140 concurrently with an associated application (such as Form I-485, I-765, or Form I-131). USCIS will soon announce a filing location change for these forms. For the time being such forms should be filed with the appropriate service center, as listed on the USCIS webpage Direct Filing Addresses for Form I-140, Immigrant Petition for Alien Worker.

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