Immigration News Brief – May 2023

USCIS Removes 60-Day Rule for Civil Surgeon Signatures on Form I-693

USCIS is removing the requirement that civil surgeons sign Form I-693, Report of Immigration Medical Examination and Vaccination Record, no more than 60 days before an individual applies for an underlying immigration benefit, including Form I-485, Application to Register Permanent Residence or Adjust Status. The requirement had been subject to a temporary waiver since Dec. 9, 2021.

This policy update will allow USCIS to adjudicate cases with immigration medical examinations that would previously have been considered invalid. Rather than issuing Requests for Evidence (RFEs) for Form I-693 signed more than 60 days before the filing of the I-485, but otherwise valid, we will be able to accept these Forms I-693 for adjudicative purposes for up to 2 years after the date the civil surgeon signed the form.

H-1B Cap Season Updates

H-1B Initial Electronic Registration Selection Process Completed

USCIS has received enough electronic registrations during the initial registration period to reach the fiscal year (FY) 2024 H-1B numerical allocations (H-1B cap), including the advanced degree exemption (master’s cap). USCIS has notified all prospective petitioners with selected registrations that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration.

USCIS Announces End of COVID-Related Flexibilities

On March 23, USCIS announced that certain flexibilities it first announced in March 2020, to address the COVID-19 pandemic will end effective immediately. Now, applicants must respond to any notices or requests from USCIS dated after March 23 by the deadlines listed in the notice or request.

USCIS Announces Additional Mail Delivery Process for Receiving ADIT Stamp

Lawful permanent residents may receive temporary evidence of their lawful permanent resident status by mail rather than physically visiting a field office to receive an Alien Documentation, Identification and Telecommunication (ADIT) stamp (also known as an I-551 stamp).

Lawful permanent residents are entitled to evidence of status and may require temporary evidence of their status in the form of an ADIT stamp if:

When lawful permanent residents call the USCIS Contact Center to request temporary evidence of status, an immigration services officer will verify their identity, their physical mailing address, and whether that address can receive UPS or FedEx express mail. They will then either schedule an in-person appointment for the lawful permanent resident, if needed, or submit a request to the USCIS field office to issue the ADIT stamp. If an in-person appointment is not needed, the USCIS field office will review the request for temporary evidence and mail the applicant a Form I-94 with ADIT stamp, DHS seal, and a printed photo of the lawful permanent resident obtained from USCIS systems.

USCIS may issue temporary evidence of status in the form of an ADIT stamp. USCIS determines if the requestor should receive an ADIT stamp and has the discretion to determine the validity period based on the lawful permanent resident’s situation (not to exceed one year, unless specified otherwise by regulation or policy).

Some lawful permanent residents will still need to appear in person at a USCIS field office to receive temporary evidence of their status, including those who have urgent needs, do not have a useable photo in USCIS systems, or whose address or identity cannot be confirmed.

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