September 29, 2022

Volume XII, Number 272

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USCIS Encourages Employment-Based Green Card Applicants to Submit Medical Exams as the End of FY 2022 Approaches

U.S. Citizenship and Immigration Services (USCIS) is encouraging certain employment-based adjustment of status (green card) applicants with approved I-140 petitions to complete their medical examinations before the end of the fiscal year (FY) on September 30, 2022. Consular closures during the COVID-19 pandemic resulted in a surplus of unused employment-based immigrant visas. According to USCIS, there are approximately double the usual number of immigrant visas available for FY 2022. USCIS stated that it remained committed to using “as many available employment-based visas as possible” before the end of FY 2022, though the agency indicated that its efforts had been stymied by missing or invalid medical exam filings.

Green card applicants must submit a valid Form I-693, Report of Medical Examination and Vaccination Record, to establish that they are not inadmissible to the United States on public health grounds. USCIS is working to identify and notify applicants whose applications lack the required Form I-693. In the meantime, to save time and facilitate the green card adjudication process, USCIS recommends the following:

  • For eligible employment-based applicants within the United States who have yet to file their green card applications, USCIS recommends including a valid Form I-693 at the time of filing.

  • For applicants in the United States with approved I-140 petitions and current priority dates, but who filed their green card applications without including a valid Form I-693, USCIS recommends visiting a civil surgeon to get a valid Form I-693 before USCIS sends the request. According to USCIS, applicants should not send their medical examinations to the agency until formally requested to do so. Form I-693 is valid for two years from the date that the civil surgeon signs the form.

USCIS is also working closely with the U.S. Department of State to process employment-based immigrant visas for applicants living outside the United States.

© 2022, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.National Law Review, Volume XII, Number 221
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About this Author

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Lee Depret-Bixio joined Ogletree Deakins in 2003 and she practices exclusively in the area of business immigration law.  She assists U.S. and foreign companies in obtaining and maintaining employment-based nonimmigrant and immigrant visas for key employees and assists clients with state and federal employment verification (I-9) compliance and enforcement issues. Having lived and worked in France for several years, Ms. Depret-Bixio is fluent in French.

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Ms. Depret-Bixio represents employers of all sizes and...

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Alessandra Carbajal Associate Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
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Alessandra Carbajal joined the firm as an associate in March 2022, where she practices business immigration law. She is a 2018 graduate of Brigham Young University, where she majored in Political Science. She earned her Juris Doctor degree from the BYU Law School in 2021. During law school, Alessandra participated in the school’s community legal clinic where she assisted individuals with a variety of asylum and family based immigration cases.

Prior to joining the firm, Alessandra worked as a law clerk for a large multinational legal firm...

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