Applicants Must Submit I-693 Medical Examination Report with the I-485 Application

 

Today, USCIS announced that it now requires applicants filing Form I-485 (Application to Adjust Status) to submit Form I-693 (Report of Immigration Medical Examination and Vaccination Record) with their Form I-485.   The purpose is to reduce the number of Requests for Evidence (RFEs).  

USCIS is revising the form instructions to reflect this change.  Failure to submit the I-693 report may result in the rejection of the I-485.  

The policy regarding I-693 changes constantly. This announcement represents that latest policy of USCIS.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Most Immigration Filing fees To Increase on April 1st

 

The Department of Homeland Security (DHS) has finalized fee changes for almost all immigration applications and petitions, and a majority of them are increases. The most substantial increases are the filing fees for I-129 petition for non-immigrant workers, H-1B cap registration fee (effective in FY 2026), and EB-5 related applications. A new asylum fee is added to the existing I-129 filing fees.

The filing fee for I-130 family-based visa petition will increase 26% to $675.  For I-485 adjustment application with biometric services, the filing fee will increase to $1,440.  The filing fee for I-751 Petition to Remove Conditions will increase 26% to $750; for N-400 (with biometrics) to $760.  

The fees adjustments vary for paper filings and online filings. Small employers and nonprofits also enjoy some discount in fees. USCIS actually offers about $50 discount for some applications filed online. The following table represents the fee changes for some of the most common applications, if filed in paper.  

Selected Paper Filing Fee Changes

  

Form	Immigration benefit	Current fee ($)	New fee ($)
N-400	Naturalization with biometrics	725	760
N-600	Application for Certificate of Citizenship	1,170	1,385
N-600K	Application for Citizenship and Issuance of Certificate Under Section 322	1,170	1,385
I-90	Replace Permanent Residence Card with biometrics	540	465
I-102	Replacement/Initial Nonimmigrant Arrival-Departure Document	445	560
I-212	Permission to Reapply for Admission into the U.S. After Deportation or Removal	930	1,175
I-290B	Notice of Appeal or Motion	675	800
I-131	Travel Document with biometrics	660	630
I-765	Employment Authorization	410	520
I-485, I-765, & I-131	Application to Register Permanent Residency or Adjust Status, Employment Authorization, & Travel Document	1,225	2,195
I-539	Extend/Change Nonimmigrant Status with biometrics	455	470
I-751	Remove Conditions on Residence	680	750
I-129 for L	L applications by large/small employers	460	1385/695
I-129 for O	O applications by large/small employers	460	1055/530
I-129 for H	I-129 H-2A - Unnamed Beneficiaries	460	425
I-129 for H1B	Employers with 25 or few employees (fraud fee and ACWIA fee additional)	460	460 + 300 asylum fee
I-129 for H1B	Employers with 26 or more employees (fraud fee and ACWIA fee additional)	460	780 + 600 asylum fee
I-130	Petition for Family Immigration	535	675
I-129F	Petition for Alien Fiancé(e)	535	675
I-140	Immigrant Petition for foreign Worker (asylum fee: small employers $300; other employers - $600)	700	715 + 300/600 asylum fee
I-601	Waver of Ground of Excludability	930	1050
I-601A	Application for Provisional Unlawful Presence Waiver	630	795

* Note: Asylum fees are waived for non-profit petitioners.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Change of Employer in the middle of Green Card Application Process

Phone by Anna-Tarazevich

By Paul Szeto Esq.

Change of jobs is quite common in today's job market.  One may decide or be forced to change jobs due to company down-sizing, reorganizations, better opportunities, family situations, etc. However, for foreign workers in the United States, they have more to consider in deciding whether to change employers or not.  

In the majority of cases, foreign nationals require sponsorship by a U.S. employer in order to be able to work legally in the country.  For example, a professional worker who works under the H-1B visa program requires a separate employer application for each position that they engage in. The situation becomes more complicated if they are in the middle of their green card application process.  Would the employer cancel the green card application after their departure? Can a foreign worker somehow transfer the pending case to a new employer? These are critical questions for foreign workers to consider.

The two main applications involved are the I-140 visa petition filed by the employer and the I-485 adjustment application filed by the applicant.  A job-changing employee's options largely depend on the status of each or both of these applications in the green card application process.  

The best case scenario for a foreign worker is that they have properly submitted their I-485 application, and it has been pending for at least 180 days.  In this case, the foreign worker is allowed to "port"or move the whole green card application to a new employer under section 204(j) of the INA, provided certain technical requirements are met.  The foreign worker should be able to continue with their application unless the I-140 petition was somehow subsequently revoked based on substantive reasons.  What if the I-485 was pending for less than 180 days?  It would then depend on the employer actions.  If the I-140 is ultimately approved and remains approved for 180 days, the case can go on as above. If the I-140 was withdrawn or cancelled by the employer within 180 days, then the foreign worker would not derive any benefits at all and must restart their application again.

Sometimes, an employee has to change jobs with only a pending or approved I-140 petition. In this situation, porting of the green card application to a new employer would not be possible.  However, if the I-140 petition filed by the initial employer has been approved and remains approved for at least 180 days, the employee can generally be able to keep the priority date for future applications.  Still, the ability to be able to keep one's priority date is a huge advantage, given the long waiting times for immigrant visas.  A new employer must restart the application process again, typically from PERM labor application, but the employee would be able to keep their “space in line,” so to speak.  If an employer decides to cancel or withdraw the I-140 petition after 180 days, it would not make a difference.  

Due to visa shortage, many foreign workers must wait years before they can receive their employment-based green cards.  During this lengthy application process, job changes are sometimes inevitable.  Foreign workers should always be on the lookout for possible employment changes. Careful planning and correct legal information would enable them to make the transition safely. 

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Pros and Cons of 5-year EADs

Since 09/27/2023, USCIS has increased the maximum validity period of certain Employment Authorization Documents (EADs) from two years to five years.   The change will apply to EAD applications filed by applicants for adjustment of status based on family and employment categories,  applicants filing as refugees and asylees, and also recipients of withholding of removal.  The increase applies to both initial applications and renewal applications.

The initial reaction to this sudden change in USCIS policy has been mostly positive. Increasing the validity period of EADs has some obvious advantages.  For one thing, it provides more stability for applicants who need to apply for employment, sign a lease or secure a mortgage for a new home.  Further, it saves time and resources by reducing the number of I-765 applications for EADs.  In fact, this is the main reason behind the sudden policy change. 

AC-21 Extensions vs. EAD

Another side effect of 5-year EADs is that H-1B workers may no longer have to file multiple H-1B extensions to obtain employment authorization.  Under the current policy, a foreign worker is only entitled to a maximum of six years of H-1B status.  At the end of the six years, they will lose their H-1B status unless they are able to file for further extensions based on the provisions of the AC-21.  AC-21 §106(a) allows one-year extensions of H-1B status if the applicant has a pending green card application for 365 days or longer.  Under AC-21 § 104(c), an H-1B worker may request for three-year extensions of their status if they have an approved I-140 petition but visa numbers are unavailable.  

With a five-year EAD, H-1B workers may decide not to apply for AC-21 extensions.  In fact, such decisions are often based on economic reasons.  An H-1B employer may be less inclined to agree to pay for the fees for extension of status, if they know that an employee has secured a five-year EAD. Under the current immigration policy, fees associated with H-1B filings are the employer's responsibility.

Pitfalls of 5-year EADs

But, is it really a good idea to just rely on one's EAD?  USCIS reminds applicants that an EAD is an ancillary application. It means that the validity of an EAD is tied to the applicant's adjustment of status application.  If the underlying I-485 application is denied or terminated for whatever reason, the accompanying EAD may also be terminated before its expiration date.  If that happens, one would lose their employment authorization.  

Further, adjustment applicants are not in any immigration status under the current policy; rather, they are only authorized to stay in the United States pending adjudication of their I-485 applications.  Denial of the I-485 means that they are no longer in any valid immigration status.  As a result, they would not be able to change or adjust their status in the United States, unless they fall under one of the limited legal exceptions.  If so, they would be forced to depart the United States to avoid unlawful presence.

What about Advance Parole?

For applicants for adjustment of status, they almost always apply for both EADs and advance parole travel documents simultaneously.  Advance parole allows them to return to the United States after foreign travel without abandoning their adjustment applications. USCIS has issued "combo cards" for both EAD and advance parole in the past. Thus far, USCIS has not announced an increase in advance parole duration. If so, one would expect that five-year combo cards would not be available.  It means that applicants must continue to renew their advance parole every year.  

Conclusion

Five-year EADs certainly save resources and administrative processing time. It also brings some conveniences to many applicants.  However, one should note that not application categories are eligible for five-year EADs. For example, the announcement does not cover H-4 EADs unless these applicants have also filed for adjustment of status.  Further, H-1B workers should understand that relying solely on long-term EADs without maintaining H-1B status is risky. It is strongly recommended that one should maintain a valid immigration status at all times, if it is at all possible. 

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Asylees / refugees may apply for Green Card sooner under new policy

 

USCIS today clarifies some technical requirements for asylees and refugees to apply for permanent resident status (Green Card) through Adjustment of Status.  The most important items include:

1) Starting 2/2/2023, asylees and refugees only need one year of physical presence in the U.S. at the time their I-485 adjustment application is adjudicated by USCIS.  One year of physical presence is not required when they submit the I-485 application.

2) Asylees and refugees who are otherwise subject to the INA Section 212(e) 2-year residence requirements under the J visa program are eligible to apply for adjustment of status under INA Section 209.  A waiver is not required. 

As a result of these changes, asylees and refugees should be able to apply for U.S. permanent residency and citizenship sooner and easier than before. 

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Updated Info Regarding I-485J, I-485 Case Status and Medical Reports

The USCIS Ombudsman's Office has provided the following updates regarding Employment-based (EB) I-485 Application to Adjust Status, including Form I-485 Supplement J Receipt Notices, Case Status, and Medical Records (Form I-693). 

The Ombudsman's Office has received numerous inquiries regarding EB I-485 applications for adjustment of status.  The Office confirms USCIS' strong desire to speed up processing of the pending EB I-485s in order to use up all available visa numbers. The following are some helpful updates:

1. Confirmation of receipt of I-485 Supplement J form requesting transfer of the case to a different EB categories

The I-485J form is filed with the Western Forms Center, which experienced some delays in issuing receipt notices.  However, as for now, the Western Forms Center is processing receipt notices within two weeks. 

Please note that receipts will only be issued if the request is filed using the J form.  Otherwise, applicants will not receive a receipt notice.  We also remind clients to be sure to submit evidentiary proof that they meet the requirements for EB transfers to avoid last-minute denial. 

2. USCIS’ Case Status Online tool’s “temporary pause” message

If you see the following messages from the Case Status Online tool, do not be alarmed. 

“We are temporarily pausing work on your application because an immigrant visa number is not immediately available to you. Once an immigrant visa number becomes immediately available to you, we will resume processing of your application.”

Applicants will continue to see this message.  This is not a USCIS error, according to the Ombudsman's Office.  USCIS does not change the online status after receipt of the I-485 J form.  USCIS confirms that this message about visa availability will remain in place until USCIS takes action on your Form I-485 (i.e., a request for evidence (RFE), decision, or notice transferring the application between offices). 

3. Form I-693, Report of Medical Examination and Vaccination Record

The Ombudsman's Office does not recommend submission of a Form I-693 to USCIS without an RFE request. USCIS does not issue confirmation for receipt of the I-693 form.  However, our office still recommends that applicants affirmatively submit the I-693 form if one has not been submitted yet. Although USCIS does not issue confirmation for receipt of the I-693, submission of the medical form before an RFE should still speed up the adjudication process in general.

4. Forms I-485 pending outside published processing times 

The Ombudsman's Office has received requests for assistance regarding I-485s pending outside USCIS processing times.  This is understandably a concern for applications.  However, the Ombudsman's Office explains that they are not currently able to provide assistance in this regard.   Based on our experience, applicants and their attorneys may still submit requests to USCIS directly to inquire about cases that are pending outside the normal processing times.  It should help speed up the adjudication process in general. 

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.) 

Approvals of first batch of EB-2 Transfer I-485s

 

Some good news!  Our office has just received notifications that some I-485 adjustment applications have been approved by USCIS, after requests to transfer them to the EB-2 category were made.  Congratulations to these lucky clients! Finally, their green cards are literally within reach!

These were the first batch of I-485 transfer requests that we submitted in late January 2022.  Hence, it is taking USCIS about two months to process and approve them.  

Interestingly, there were no receipt notices for the I485J forms submitted, but we did receipt notices about the physical transfer of these cases to the National Benefits Center.  Apparently, USCIS is trying very hard to use as many EB visa numbers as possible for the fiscal year.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.) 

USCIS Encourages EB Applicants to File I-485 in April

USCIS is encouraging employment-based visa applicants to apply for adjustment of status (I-485) pursuant to the April 2022 Visa Bulletin.  In April, India EB-2's filing date has advanced for one whole year, while it's final action date has advanced 8 weeks.   USCIS also announced that it will accept I-485 filings based on the Filing Date Chart.  These announcements are to implement USCIS' policy to try to use up all available employment-based visa numbers for the fiscal year.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.) 

New Guidance for Interfiling of Employment Adjustment Applications

The race between the Employment Second Preference visa category (EB-2) and the Employment Third Preference visa category (EB-3) has caused a lot of confusion and even conflicts between employers and employees.  The EB-2 category has traditionally been more advantageous for applicants, especially Indians and Chinese, in terms of the cutoff dates.  The reason is that EB-2 positions require a higher level of qualifications (generally a graduate degree or its equivalent) to apply, and fewer applicants qualify for it.  

However, over time, more applicants have become qualified for EB-2 positions through graduate studies and/or accumulation of work experience.  The result is that the cutoff dates for EB-2 also slow down at times.  For example, in October 2020's Visa Bulletin, EB-3 was faster than EB-2 in terms of Final Action Dates.  In the same month, DOS advanced the Filing Date for EB-3 India by 5 months, resulting in many I-140 visa petitions being filed to "down-grade" to the EB-3 category.  Because USCIS also allowed the use of the Filing Dates for filing the I-485 adjustment applications in the same month, many such downgraded cases were filed concurrently with the I-485 applications.  

Recently, the tides have turned again. For example, in Feb 2022's Visa Bulletin, the EB-2 cutoff dates for both India and China have become more advanced than their EB-3 counterparts.  Consequently, many applicants are trying to switch gears again by reverting to the EB-2 category.  The process has not been easy, as USCIS did not have any standard procedure for interfiling or reassigning visa categories of pending I-485 applications.  

Well, that has just changed yesterday, thanks to the Biden-Harris Administration's efforts to recruit STEM talent, when USCIS quite unexpectedly announced a policy to allow transfer of pending I-485 applications to a different EB immigrant visa category.  The purpose of the policy is to use up all available visas in the employment immigrant categories. 

Which I-485 applications are eligible for transfer to another EB visa category?

USCIS will look at the following factors to determine eligibility:

1)  The applicant must have continuously maintained eligibility for adjustment of status;

2)  The subject adjustment of status application based on the original Form I-140 is still pending;

3)  The applicant must be eligible for the new immigrant category (e.g., EB-2); and

4)   There must be a visa immediately available in the new immigrant category (based on the Visa Bulletin).

It is important to note that this new mechanism is only for transfer of I-485s between employment immigrant categories.  Transfers to or from family-based or other immigrant categories should be made through the existing regular channels. 

How can such a transfer or interfiling request be made?

The request to interfile or transfer a pending I-485 to another EB visa category must be made in writing by the applicant or his/her legal representative.  For FY 2022, USCIS has designed a specific address for making such a request.  The following designated address and point of contact is valid through 09/30/2022.  

U. S. Department of Homeland Security

USCIS Western Forms Center

10 Application Way

Montclair, CA 91763-1350

If you have already submitted such a request before in writing to another USCIS address, you should not resubmit your request again.  The USCIS office assigned to work on your I-485 application will process your request accordingly for the fiscal year.    

What documents should be submitted?

The applicant or his/her lawyer should submit the request in writing, specifically and clearly stating the request.  Supporting documents to prove eligibility must also be provided.   If the underlying I-140 petition for the visa category (e.g., EB-2) to which you are requesting to transfer has already been approved, you must also submit the Form I-485 Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j) (I-485J form). If the underlying I-140 petition is still pending, the I-485J form is not required.

The purpose of the Supplement J is to confirm the validity of the job offered to the applicant in the underlying visa petition.  

What to expect after submission?

As with previous requests, USCIS does not provide a written response to transfer requests.  However, if an I-485J supplement form is submitted, USCIS will issue receipt notices for the form.

Final Thoughts

The new policy provides a better way for interfiling requests to be made, which is good news.  However, applicants should understand that each person's situation is different, and cutoff dates may and will change in the future.  Further, USCIS has indicated that, for purposes of case portability, the 180-day clock will re-start on the day the transfer request is received by USCIS.  Hence, applicants should analyze their situation very carefully before deciding what to do. 

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.) 

How to Prepare for Immigration Interviews

Attending interviews is a nerve-wrecking event.  Going before an immigration or visa officer to explain yourself is even more difficult.  You've filed applications after applications, with tons of documents, certificates, photographs and other evidence. And now it is time to face the moment of truth. This single meeting with an immigration or visa officer will decide whether you can get your green card or stay in the United States.  However, with proper preparation and mental readiness, you can survive the interview and ultimately obtain your green card or visa.

Preparation is the key to have a successful immigration interview. After you have received the interview appointment notice, you should start preparing for it immediately.  Preparation involves three main aspects:  documentation, answering questions and logistics. 

Collect all required documents as early as possible

First, you must collect all required documents well in advance.  Some documents such as renewal passports may need extra time to obtain. There are two types of documents, original and copies.  For most immigration interviews such as adjustment of status, you must bring originals of your ID and civil documents such as passports, birth certificates, marriage certificate, divorce judgment, driver's license, green card and naturalization certificate (of the sponsors), EAD cards, etc.  The immigration officer needs to review these originals to make sure that they match the copies that you have submitted.  Copies of other documents are also required to prove your immigration status (I-94, visa stamps, status approval notices such as I-797s, etc.) and employment status (job letters, pay and W-2 statements).  

For employment-based petitions, you must also provide educational and employment documents to prove your eligibility and also a bona fide job offer.  If your case involves a family relationship or if dependents are involved, you must also provide relationship documents such as photographs, birth certificates, joint financial and legal documents, insurance and employment benefits documents, etc. Special types of cases (e.g., DACA, asylum) require additional documents such as proof of residence and past persecution.  Make an appointment to speak to your legal counsel to discuss them. If you are not sure about a document, just bring it anyway. 

How to answer questions in immigration interviews

For most applicants, facing a stoic immigration officer and answering questions is the most challenging part of the process.  To clarify, not all of them are serious and not smiling.  Some of them are quite friendly and nice.  However, understand that they are not your friends. They are there to do an important job, and they are required to follow the law. So be very careful how you answer their questions. A mock interview with your lawyer is the best way to prepare for the interview.  Anticipate the types of questions that will be asked and rehearse it with your lawyer.  A good attorney should know about the special issues about your case and how to prepare for the related questions. 

There are two main points to remember.  One, you must tell the truth when you answer questions.  If you do not remember or not sure about something, just say so. Do not make up anything untruthful.  Making false statements under oath is a very serious offense, which can destroy your eligibility to obtain any immigration benefits.  

Second, you should listen very carefully to the questions asked.  I have clients who are nervous and try to remember answers about a subject before the interview.   As soon as the officer starts to talk about that subject, they would just spill out the memorized answers automatically, which can cause problems.  Oftentimes, the officer was not even asking about that question. Hence, before answering a question, especially a "sensitive" one, take a moment to think and organize your answer first before speaking. 

Plan the logistics ahead of time

Logistics here means things like transportation, parking, meals, clothing, and coordination with your lawyer. If you have never been to the location of the interview, take a trip there at least once to get familiar with the streets and traffic.  Interviews are often scheduled during morning rush hours, and not knowing where to go could cause delay.  What floor of the building will the interview be held? Are you going to use public transportation or drive to the venue? 

For an overseas consulate interview, you may have to plan to travel to the consulate location at least one day before.  What breakfast will you be having?  You don't want to attend an interview empty-stomach or fully-loaded. If your lawyer and other witnesses are coming, how and where do you meet?  Also plan what to wear. You most likely will have to go through security check with metal detectors. Hence, wear something easy to take off.  Dress appropriately.  You don't have to wear a suit, but tank-tops and shorts are out of the question. 

A final note, in most cases, you won't be able to get a definite answer about the result after the interview.  Immigration officers are required to do some final and updated security checks in all cases. Or sometimes, they may need to get a missing file about you from another office.  Hence, don't be alarmed if there are delays or requests for additional documents. Just try to cooperate and comply. 

In short, with proper preparation and mental readiness, you will likely walk out with a smile on your face after your immigration interview. 

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)