【ARCFE News】 USCIS REMOVES 60-DAY RULE FOR CIVIL SURGEON SIGNATURES ON FORM I-693

04/03/2023 by ARCFE U.S.

On March 31, 2023, the USCIS announced they are 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 subjected to a temporary waiver since December 9, 2021.

Source: @USCIS on Twitter

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.

Applicants, civil surgeons, USCIS officers, federal partners, and other stakeholders have consistently expressed concern that this requirement is confusing and necessitates RFEs to be issued for otherwise valid Forms I-693. While the 60-day rule was intended to enhance operational efficiency and reduce the need to request updated Forms I-693 from applicants, in practice these efficiencies have not been realized.

Civil surgeons no longer have to sign Form I-693 no more than 60 days before the underlying application for an immigration benefit is filed.

New Edition of Form I-693 Is Now Available

Starting May 31, the USCIS will accept only the 03/09/23 edition. Until then, you can also use the 07/19/22 edition. If the civil surgeon signs your form on or after October 5, 2022, you must use the 03/09/23 or 07/19/22 editions. You can find the edition date at the bottom of the page on the form and instructions.

For the latest edition, please visit USCIS website: https://www.uscis.gov/i-693

EB-5 Concurrent Filing

The EB-5 Reform and Integrity Act of 2022 (“RIA”) offers great benefits to investors and their families, including concurrent filing.  Concurrent filing allows investors who are already in the U.S. under a different visa category to file their I-526E petition at the same time with form I-485 to adjust their status without leaving the U.S.  This also gives investors and their families immediate freedom to live, study and work in the U.S. while waiting for their Green Cards to be approved. 

When  investor chooses to do concurrent filing, they will need to file these four forms at the same time:

  • Form I-526E (“Immigrant Petition by Regional Center Investor”)
  • Form I-485 (“Application to Register Permanent Residence or Adjust Status”)
  • Form I-131 (“Application for Travel Document”) – Advance Parole
  • Form I-765 (“Application for Employment Authorization”) – EAD Card

ARCFE investors who are currently residing in the U.S. under F-1/H1B visa have successfully filed their petitions for Adjustment of Status concurrently with their EB-5 I-526E petitions. Many of them have successfully obtained their EAD card within 3-4 months of filing!

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