Immigration News Briefs – August 2022

USCIS Updates Webpage to Provide Information on Public Benefits Available to Noncitizens

USCIS- On June 3rd, USCIS updated its public charge resources webpage with more information to help reduce undue fear and confusion among immigrants and their families, including U.S. citizens and their children, that may prevent them from obtaining access to critical government services available to them.

USCIS question-and-answer section addresses common concerns and misconceptions about the public charge ground of inadmissibility. For example, it does not consider vaccines or public benefits specifically related to the COVID-19 pandemic when making public charge determinations. USCIS encourages everyone, including noncitizens, to seek necessary medical care, including treatment or preventive services for COVID-19.

Noncitizens may seek pandemic-related benefits and services (including food assistance, housing programs, and others) for which they are eligible—without fear of negative consequences to their immigration status. The update clarifies that relatively few noncitizens in the United States are both subject to the public charge ground of inadmissibility and eligible for the public benefits considered under the 1999 Interim Field Guidance, including Supplemental Security Income, Temporary Assistance for Needy Families, and programs (including Medicaid) supporting noncitizens who are institutionalized for long-term care at government expense.

The webpage can be found at:   https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge/public-charge-resources

USCIS to Implement Second Phase of Premium Processing for Certain Previously Filed EB-1 and EB-2 Form I-140 Petitions

On July 15, USCIS announced it is implementing the second phase of the premium processing expansion for certain petitioners who have a pending Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications.

Beginning Aug. 1, 2022, USCIS will accept Form I-907 requests for:

  • E13 multinational executive and manager petitions received on or before July 1, 2021; and
  • E21 NIW petitions received on or before Aug. 1, 2021.

USCIS will reject premium processing requests for these Form I-140 classifications if the receipt date is after the dates listed above. USCIS has 45 days to take an adjudicative action on cases that request premium processing for these newly included Form I-140 classifications. It will not accept new (initial) Forms I-140 with a premium processing request at this time.

USCIS Urges Applicants to File Medical Exams with Employment Based Adjustment Applications

USCIS wants to ensure the center uses as many available visas as possible in fiscal year (FY) 2022, which ends on Sept. 30, 2022.  Therefore, USCIS urges anyone within the United States who may be eligible for an employment-based adjustment of status to note these important reminders regarding Form I-693, Report of Medical Examination and Vaccination Record:

  • If you are planning to file an adjustment of status application, be sure to include a valid Form I-693.
  • If you have a pending Form I-485, Adjustment of Status Application, please do not send an unsolicited Form I-693 to USCIS. USCIS is proactively identifying employment-based adjustment of status applications with available visas that lack a valid Form I-693 and are directly contacting applicants to request that form.
  • If you know that your previously filed Form I-485 does not have a valid Form I-693, your underlying petition is approved, and a visa is available to you, it will help USCIS use the available visas and adjudicate your application if you visit a civil surgeon and have a valid Form I-693 on hand when USCIS sends the request to you.
  • A Form I-693 is valid for two years from the date that the civil surgeon signs the form.

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