Doctors no longer have to sign the immigration medical exam report (Form I-693) within 60 days before the related immigration application is filed, according to a new USCIS policy update issued today. Previously, USCIS required that civil surgeons sign Form I-693 no more than 60 days before the related immigration application or petition is submitted to USCIS. This requirement is eliminated for operational efficiencies and reduction of RFE issuance.
On 3/29/2023, USCIS issued guidance extending paper-based application filing deadlines to the next business day if the deadline falls on a Saturday, Sunday, or federal holiday.
Many immigration applications are subject to strict filing period requirements. For example, a Motion to Reopen must generally be filed within 30 days from the date of an adverse decision. Applications filed after or outside the filing periods will be rejected or denied. For many years, USCIS will require such applications be received by USCIS on or before the deadline, regardless of whether the deadline falls on a weekend or holiday.
The new policy has changed this practice, explaining that USCIS will consider a paper-based filing timely if received by the end of the next business day if the filing deadline falls on Saturday, Sunday, or federal holiday.
The new policy will also apply to responses to Requests for Evidence and Notices of Intent to Deny, Revoke, Rescind, or Terminate. It should be noted that electronic filings are not covered by this guidance. It should be noted that only federal holidays are covered by the new policy.
The Department of State intends to increase the application processing fees for certain nonimmigrant visas as follows:
• Non-petition-based nonimmigrant visas such as B1/ B2 (except E category): from $160 to $245;
• Petition-based H, L, O, P, Q, and R category nonimmigrant visas: from $190 to $310;
• E category nonimmigrant visas: from $205 to $485;
• BCCs for Mexican citizens age 15 and over: from $160 to $245;
• Waiver of the two-year residency requirement for exchange visitors: from $120 to $510.
These new fees will be published in a final rule to be published in the Federal Register on 3/28/23, and will be effective 60 days after publication.
As of March 14, 2023, the CDC terminated the negative COVID-19 test requirement for air passengers entering the United States from the China, Hong Kong and Macau.
This termination also covers passengers who have been in China, Hong Kong and Macau, and who travel through Incheon International Airport (South Korea), Toronto Pearson International Airport (Canada), and Vancouver International Airport (Canada) on their way to the United States
The State Department just released the visa bulletin for April 2023.
Family-based:
After being current for over 3 years, the final action dates for F-2A category for all countries will retrogress. F2A Mexico has a cutoff date of 11/1/2018. The rest of the world has a cutoff date of 09/08/2020.
Employment-based:
EB-2 India will move backward by 280 days to 01/01/2011, and EB-2 Other Countries will retrogress by 123 days to 07/01/2022. EB-2 China will remain unchanged.
EB-3 (including Other Workers) China will advance 3 months.
EB-4 will retrogress by 3.5 years for all countries.
In April, USCIS will accept adjustment of status applications (Form I-485) based on the Final Action Dates chart for Employment-based cases.
AD: Dates for Final Action (Green Card Approval)
FD: Dates for Filing Applications Only
|
Family-based |
Other
Countries |
China |
India |
Mexico |
Philippines |
|
|
F1 |
AD |
12/01/2014 |
12/01/2014 |
12/01/2014 |
04/01/2001 |
03/01/2012 |
|
FD |
08/08/2016 |
08/08/2016 |
08/08/2016 |
12/01/2002 |
04/22/2015 |
|
|
F2A |
AD |
09/08/2020 |
09/08/2020 |
09/28/2020 |
11/01/2018 |
09/08/2020 |
|
FD |
C |
C |
C |
C |
C |
|
|
F2B |
AD |
09/22/2015 |
09/22/2015 |
09/22/2015 |
06/01/2001 |
10/22/2011 |
|
FD |
01/01/2017 |
01/01/2017 |
01/01/2017 |
01/01/2002 |
10/01/2013 |
|
|
F3 |
AD |
11/22/2008 |
11/22/2008 |
11/22/2008 |
11/01/1997 |
06/08/2002 |
|
FD |
11/08/2009 |
11/08/2009 |
11/08/2009 |
06/15/2001 |
11/08/2003 |
|
|
F4 |
AD |
03/22/2007 |
03/22/2007 |
09/15/2005 |
08/01/2000 |
08/22/2002 |
|
FD |
12/15/2007 |
12/15/2007 |
02/22/2006 |
04/01/2001 |
04/22/2004 |
|
|
Employment |
Other Countries |
China |
India |
Mexico |
Philippines |
|
|
EB1 |
AD |
C |
02/01/2022 |
02/01/2022 |
C |
C |
|
FD |
C |
06/01/2022 |
06/01/2022 |
C |
C |
|
|
EB2 |
AD |
07/01/2022 |
06/08/2019 |
01/01/2011 |
07/01/2022 |
07/01/2022 |
|
FD |
12/01/2022 |
07/08/2019 |
05/01/2012 |
12/01/2022 |
12/01/2022 |
|
|
EB3 |
AD |
C |
11/01/2018 |
06/15/2012 |
C |
C |
|
FD |
C |
02/01/2019 |
08/01/2012 |
C |
C |
|
|
Other Workers |
AD |
01/01/2020 |
10/01/2014 |
06/15/2012 |
01/01/2020 |
01/01/2020 |
|
FD |
02/01/2020 |
11/01/2015 |
08/01/2012 |
02/01/2020 |
02/01/2020 |
|
|
EB4 |
AD |
09/01/2018 |
09/01/2018 |
09/01/2018 |
09/01/2018 |
09/01/2018 |
|
FD |
10/01/2018 |
10/01/2018 |
10/01/2018 |
10/01/2018 |
10/01/2018 |
|
|
EB5 |
AD |
C |
07/08/2015* |
06/01/2018 |
C |
C |
|
FD |
C |
01/01/2016* |
12/08/2019 |
C |
C |
|
*China EB-5 visa numbers for rural, high unemployment & infrastructure areas/projects are current.
On March 16, 2023, USCIS announced a new policy that allows temporary green card stamps to be sent to legal residents by mail. The new policy will make it more convenient for legal residents to obtain proof of their legal status.
Lawful permanent residents are entitled to evidence of status for employment and travel purposes. However, sometimes they do not have in their possession the physical green card for various reasons. For example, they may have lost or misplaced their green cards, or they may be waiting for their renewal (I-90) or permanent green cards (I-751) to be approved by USCIS. In these situations, they will require temporary evidence of their status in the form of a stamp on their passport. This stamp is called an ADIT stamp.
For many years, if one requires temporary proof of their status, they are required to make an appointment with a local USCIS office to request for an ADIT stamp. Under the new policy, a legal resident may contact the USCIS Contact Center to request temporary evidence of status. After an immigration officer verifies his identity, physical mailing address, and whether that address can receive UPS or FedEx express mail, the request will be sent to a local field office.
The local field office will then decide if an in-person appointment is required. If it is not required, an ADIT stamp can be sent to the applicant on a Form I-94 with a DHS seal and a printed photo of the applicant. The local office will also have discretion to decide the validity period of the ADIT stamp, which is generally one year.
According to USCIS, some legal residents will still need to appear in person at a USCIS field office to receive an ADIT stamp. For examples, applicants who have urgent needs, do not have a useable photo in USCIS systems, or whose address or identity cannot be confirmed, will be required to attend an in-person appointment.
Due to system issues, the H-1B cap registration system was down for most of the yesterday. As a result, USCIS extended the deadline for registration until Monday, 3/20/2023, at 5:00 PM EST.
Fingerprint Waivers
Some applicants are not able to provide fingerprints at all because of a medical condition, such as a disability, birth defects, physical deformities, skin conditions, and psychiatric conditions. In these situations, USCIS may grant a fingerprint waiver if the following requirements are met:
For the first time ever, USCIS will allow F-1 students to file their OPT and STEM OPT employment authorization applications using Premium Processing Service for the following categories:
The specific timetable is as follows:
1) Beginning March 6, 2023: F-1 students will be allowed to upgrade pending Form I-765s (Applications for Employment Authorization) to Premium Processing Services via Form I-907 (Request for Premium Processing Service).
2) Beginning April 3, 2023: F-1 students will be allowed to use Premium Processing Service when filing a new I-765 applications.
USCIS will reject applications if they do not follow the above timeline.
Applicants may submit the applications online or by mail. An online myUSCIS.gov account is required for online filing.
F-1 students are reminded that they must follow the filing instructions and legal requirements to avoid delay or rejections.
Through a policy update, USCIS extended the employment authorization period for F-1 international students who experience economic hardship. Effective 02/22/2023, USCIS updated its Policy Manual to clarify the validity period of employment authorization for F-1 foreign students experiencing severe economic hardship due to emergent circumstances (also known as special student relief (SSR)).
USCIS is authorized to grant off-campus SSR employment authorization to F-1 students from a particular region based on severe economic hardship. Hardship can be caused by events such as natural disasters, financial crises, and military conflicts.
The new policy clarifies that USCIS may grant off-campus SSR employment authorization to an F-1 student for the duration of the Federal Register notice validity period, which is typically an 18-month validity period. However, SSR employment authorization may not extend past the student’s academic program end date. The new policy applies to all pending SSR requests on or after 02/22/2023.
International students who experience economic hardship should consider taking advantage of this policy change.
The United States Department of State recently announced a new policy allowing F and M student visas to be issued up to 365 days in advance of the academic start date, as shown in the I-20 Certificate of Eligibility. It should be noted that students are still not allowed to enter the U.S. on a student visa more than 30 days before their program start date.
The change provides more flexibility and opportunities for early planning for foreign students who plan to study in the United States.
The Biden Administration recently proposed to limit foreigners' ability to apply for asylum in the United States. In a Notice of Proposed Rule Making entitled “Circumvention of Lawful Pathways”, the Department of Homeland Security (DHS) proposed to institute certain presumptions of ineligibility for political asylum on foreigners who across the southwest U.S.-Mexico land border without authorization. The presumption can be overcome if,
1) the foreign national was granted parole prior to arrival;
2) the foreign national presented himself/herself at a port of entry through a pre-scheduled time and place; or
3) Sought asylum or other protection in a country they traveled through and received a final denial.
This proposal restriction will be effective for 2 years after the rule goes into effect.
This legal presumption can be overcome under limited circumstances only, including if the applicant or his/her family member "faced an extreme and imminent threat to their life or safety, such as an imminent threat of rape, kidnapping, torture or murder; or were a victim of a severe form of trafficking." The presumption also does not apply to unaccompanied children.
In short, unauthorized asylum seekers arriving at the Mexico border must prove that they have unsuccessfully applied for asylum in a third country before they are eligible to apply for asylum in the U.S. This proposal has already generated lots of debates and controversies.
On 2/14/2023, USCIS revised its policy regarding Child Status Protection Act (CSPA) calculations. USCIS now also accepts the "Dates for Filing" in the monthly visa bulletin published by the State Department in calculating the ages of aging-out green card applicants. Additionally, the Filing Dates can also be used as the basis for determining whether applicants "seek to acquire" resident status withing one year of visa availability.
CSPA is a law that helps aging-out children to remain eligible for permanent resident status based on their parents' petitions. It freezes the age of an applicant when the visa numbers are current for the applicant's visa category. Previously, USCIS only allowed the use of the "Dates for Final Action" to determine whether visa numbers are available. Since the Filing Dates are generally more favorable than the Final Action Dates, allowing the use of the Filing Dates should help more applicants preserve their eligibility.
The change in policy should benefit particularly children of Indian descent, as the gaps between the Filing Dates and Final Action Dates are particularly pronounced for Indian's employment-based visa categories. For example, many Indian applicants filed their I-485 applications in October, November, and December 2020 based on the Filing Date Charts.
Another requirement for CSPA is that an applicant must take actions to apply for legal status within one year of visa availability. Under the new policy, the one-year period starts on the 1st of the month in which USCIS starts to accept and process I-485 applications. Again, this is likely to be determined by the Filing Date Charts. USCIS may excuse violations of the one-year rule if there exists extraordinary circumstances.
The new policy is effective immediately and applies to all pending I-485 applications as of 02/14/2023. Applicants whose I-485 applications were denied for these reasons can file an I-290B motion to reopen and reconsider within 30 days. USCIS may use its discretionary authority to excuse late motions as well. Although this is a DHS/USCIS policy change, it is expected that the State Department will also adopt this policy in adjudicating overseas immigrant visa applications.
In the March 2023 Visa Bulletin, most visa categories hold steady. Family 2A continues to be current, meaning that eligible spouses of U.S. green card holders may apply for their green card concurrently with the I-130 visa petition. The State Department also warned that there is a possibility that a EB-3 Professional/Skilled Worker will no longer be current for "Other Countries" in the coming months.
AD: Dates for Final Action (Green Card Approval) FD: Dates for Filing Applications Only
Family-based | Other Countries | China | India | Mexico | Philippines | |
F1 | AD | 12/01/2014 | 12/01/2014 | 12/01/2014 | 04/01/2001 | 03/01/2012 |
FD | 08/08/2016 | 08/08/2016 | 08/08/2016 | 12/01/2002 | 04/22/2015 | |
F2A | AD | C | C | C | C | C |
FD | C | C | C | C | C | |
F2B | AD | 09/22/2015 | 09/22/2015 | 09/22/2015 | 06/01/2001 | 10/22/2011 |
FD | 01/01/2017 | 01/01/2017 | 01/01/2017 | 01/01/2002 | 10/01/2013 | |
F3 | AD | 11/22/2008 | 11/22/2008 | 11/22/2008 | 11/01/1997 | 06/08/2002 |
FD | 11/08/2009 | 11/08/2009 | 11/08/2009 | 06/15/2001 | 11/08/2003 | |
F4 | AD | 03/22/2007 | 03/22/2007 | 09/15/2005 | 08/01/2000 | 08/22/2002 |
FD | 12/15/2007 | 12/15/2007 | 02/22/2006 | 04/01/2001 | 04/22/2004 | |
1st: Unmarried Sons and Daughters of Citizens (about 23,400 per year).
2A: The 2 “A” preference is for Spouses and Children (under 21 & unmarried) of LPR's.
2B: The 2 “B” Preference is for Unmarried Sons and Daughters (21 or older) of LPR's.
3rd: Married Sons and Daughters of Citizens (about 23,400 per year)
4th: Brothers and Sisters of Adult Citizens. (about 65,000 per year)
Employment | Other Countries | China | El Salvador Guatemala Honduras | India | Mexico | Philippines | |
EB1 | AD | C | 02/01/2022 | C | 02/01/2022 | C | C |
FD | C | 06/01/2022 | C | 06/01/2022 | C | C | |
EB2 | AD | 11/01/2022 | 06/08/2019 | 11/01/2022 | 10/08/2011 | 11/01/2022 | 11/01/2022 |
FD | 12/01/2022 | 07/08/2019 | 12/01/2022 | 05/01/2012 | 12/01/2022 | 12/01/2022 | |
EB3 | AD | C | 08/01/2018 | C | 06/15/2012 | C | C |
FD | C | 09/01/2018 | C | 08/01/2012 | C | C | |
Other Workers | AD | 01/01/2020 | 07/01/2014 | 01/01/2020 | 06/15/2012 | 01/01/2020 | 01/01/2020 |
FD | 02/01/2020 | 11/01/2015 | 02/01/2020 | 08/01/2012 | 02/01/2020 | 02/01/2020 | |
EB4 | AD | 02/01/2022 | 02/01/2022 | 03/15/2018 | 03/01/2021 | 08/01/2020 | 02/01/2022 |
FD | 03/01/2022 | 03/01/2022 | 04/15/2018 | 04/01/2021 | 09/01/2020 | 03/01/2022 | |
EB5 | AD | C | 07/08/2015* | C | 06/01/2018 | C | C |
FD | C | 01/01/2016* | C | 12/08/2019 | C | C | |
1st: Priority Workers (Extraordinary ability aliens, multinational companies' executives/managers, outstanding prof./researchers)
2nd: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability.
3rd: Skilled Workers, Professionals, and Other Workers (Unskilled.)
4th: “Special Immigrants” (Religious & others)
5th: Employment Creation (Investors)
*China EB-5 visa numbers for rural, high unemployment & infrastructure areas/projects are current.
