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Immigration News Briefs

Provided by Humera Subhani

May 2023

No 60-day rule for civil surgeon signatures

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 update

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 capsubject petition for the beneficiary named in the applicable selected registration.

End of Covid-related flexibility

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.

Additional mail delivery process for 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:

They do not have their Green Card; or
Their Form I-90, Application to Replace Permanent Resident Card (Green Card), Form I-751, Petition to Remove

Conditions on Residence, or Form N-400, Application for Naturalization, is still pending adjudication and their Green Card and extension notice have expired.

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.

APPLICATION FINAL ACTION DATES FOR MAY 2023

FAMILY	India	Pakistan/Bangladesh
1st	15Dec14	15Dec14
2A	08Sep20	08Sep20
2B	22Sep15	22Sep15
3rd	08Dec08	08Dec08
4th	15Sep05	08Apr07

EMPLOYMENT	India	Pakistan/Bangladesh
1st	01Feb22	Current
2nd	01Jan11	15Feb22
3rd	15Jun12	01Jun22
Other	15Jun12	01Jan20
4th	01Sep18	01Sep18
5th	01Jun18	Current1B

DATES FOR FILING VISA APPLICATIONS - MAY 2023

FAMILY	India	Pakistan/Bangladesh
1st	01Jan17	01Jan17
2A	Current	Current
2B	01Jan17	01Jan17
3rd	08Feb10	08Feb10
4th	22Feb06	01Feb08

EMPLOYMENT	India	Pakistan/Bangladesh
1st	01Jun22	Current
2nd	01May12	01Dec22
3rd	01Aug12	01May23
Other	01Aug12	01Feb20
4th	01Oct18	01Oct18
5th	08Dec19	Current1B