Healthcare Blog

On December 13, 2021, theDepartment of State (DOS) issued a temporary finalrule that provides flexibility for consular officers towaive in-person appearances and in-person oath requirements for certain repeatimmigrant visa applicants.

Immigrant visa applicants whomeet the following criteria, may not need to make another in-person appearancebefore a consular officer for an interview, execution of their application, oroath:

(1) the immigrant visawas issued on or after August 4, 2019;

(2) the applicant didnot travel to the United States on the immigrant visa; and

(3) the applicant seeksand remains qualified for an immigrant visa in the same classification as theexpired immigrant visa.

Consular officers still havediscretion to require applicants that meet these requirements to appearin-person. This temporary rule is in effect from December 13, 2021 throughDecember 13, 2023.

USCIShas announced that it will waive the requirement that the medical exam FormI-693 be signed by the civil surgeon no more than 60 days prior to filing theI-485, Application to Register Permanent Residence or Adjust Status (green cardapplication).  This waiver of the 60-day rule is effective from December9, 2021 until September 30, 2022.  TheI-693 medical exam will continue to remain valid for two years from the date ofthe civil surgeon’s signature, regardless of when the I-485 is filed.

Thispolicy will provide additional flexibility to I-485 applicants and allow themto avoid having to undergo a second medical exam in many instances while stillencouraging applicants to file the I-485 as soon as possible after completingthe medical exam.

The USCIS has conducted a third round ofselections in the Fiscal Year 2022 (FY 2022, filed in March 2021) H-1B Caplottery. This is a historic first for the USCIS since implementing its new H-1Bonline registration system in 2019, as it has previously only conducted tworounds of selection.

While there are only 85,000H-1B cap-subject visas available, over 308,000 registrations were entered intothe selection lottery for FY2022. The USCIS will continue rounds of randomselection until it reaches the 85,000 H-1B quota. The initial selection wasconducted in March 2021, and the second round in July 2021. All selections arefor registrations entered into the FY2022 H-1B cap lottery in March 2021.

Registrations selected inthis latest round will now have a selection notice available on either theirmyUSCIS account or their attorney’s myUSCIS account. All H-1B cap petitionsfiled based on this third round of selections must be received by the USCIS byFebruary 23, 2022.  

USCIShas issued a Policy Alert, and has updated its Policy Manual accordingly, to explain how its recent settlement in Shergill, etal. v. Mayorkas will be applied in practice for the spouses of E, L, and H nonimmigrants.USCIS will automatically extend EADs for E, L, and H spouses, and within 120days of USCIS’s policy alert, grant E and L spouses employment authorizationincident to status. USCIS expressed its hope that eliminating the requirementof filing Form I-765 for E and L spouses will help reduce USCIS’s adjudicationbacklogs.

 AutomaticExtensions of EADs for E, L, and H spouses

BeginningNovember 12, 2021, the EADs of E, L, and H spouses will be automaticallyextended for a period of up to 180 days if:

• Thespouse properly filed an Application for Employment Authorization (Form I-765)for a renewal of their E, L, or H spouse-based EAD before the current EADexpired; and

• Thespouse has an unexpired Form I-94 indicating valid E, L, or H dependent status.

Duration

TheDepartment of State has just issued December2021 Visa Bulletin.  This is the thirdVisa Bulletin of Fiscal Year 2022. This blog post analyzes this month's VisaBulletin.

VisaBulletin

TableA: Final Action Dates --Applications with these dates may be approved for their Green Card (PermanentResidency card) or Immigrant Visa appointment.

TableB: Dates of Filing

TheUSCIS is expected the Table B chart for I-485 employment-based filings. See: USCISVisa Bulletin Dates

MULaw Analysis

Ashas been the case for a few months now, the DOS continues to confound.  On one hand – and to the detriment of Indianand Chinese EB-3s– the DOS did not move these countries EB3 dates.  On the other hand, the dates for India andChina EB-2, progressed again.  IndiaEB-2 moved ahead by five months.  ChinaEB-2 advanced by six weeks.  Similarprogressions are expected in the Dates of Filing chart.

Thestory remains positive for Philippines and Worldwide EB-3, where datesheld at Current.  They are expected tostay Current for the foreseeable future, in contrast to priorannouncements from DOS officials.

The United States Citizenship andImmigration Services (USCIS) has entered into a settlementwhich provides beneficial changes to work authorization for H-4 and L-2spouses. USCIS will issue a formal policy guidance to implement the followingtwo changes.

First, USCIS will now recognize thatcertain H-4 holders who timely file their EAD renewal applications will qualifyfor an automatic extension of their EAD while waiting for the adjudication oftheir renewal application. This automatic renewal will last for up to 180 daysafter the expiration of the EAD. However, the automatic extension will notexceed the end date of the individuals H-4 status noticed on the Form I-94, andwill also end once USCIS issues an approval or denial on the renewalapplication.

Second, L-2 spouses will be employmentauthorized incident to status, or in other words, as a condition of the L-2,the spouse will be employment authorized without a separate application. USCISwill work in cooperation with CBP (Customs and Border Patrol) to change theForm I-94 so that L-2 spouses can use the document for Form I-9 purposes.

As stated above, USCIS will be issuingformal guidance further detailing when and how these changes will beimplemented. As always, MU will provide further updates as they becomeavailable.

 Join us for a review of some of the latest immigration changes and updates!

MU Law will be hosting a FREE webinar for our clients and friends on Tuesday, November 2, 2021 at 1PM Eastern (noon Central).

REGISTER HERE    

Join us for this FREE webinar to learn more about:

-          The Potential for Retrogression

-          Consular Backlogs

-          Expediting Cases for Health Care Workers

-          Additional updates and policy proposals and lobbying efforts

-          Covid Vaccinations now Required for Green Cards

President Biden has issued a new proclamationlifting travel restrictions for fully vaccinated individuals travelling by air tothe US beginning November 8, 2021.

Travelers from 33 countries –including India, China, Great Britain, and the Schengen Zone – have facedstrict travel restrictions since early 2020 that required a two-week quarantineperiod in a third country before the individual may enter the US. PresidentBiden’s proclamation lifts all country-specific COVID-19 travel bans.

To travel directly to the US by air, travelerswill have to (1) present proof that they are fully vaccinated against COVID-19 and(2) provide a negative COVID-19 test taken within 72 hours of travel. Onlyvaccines approved or authorized by either the Food and Drug Administration orWorld Health Organization will be accepted. This list includes vaccines createdby:

-         Moderna;

-         Johnson& Johnson;

-         Pfizer-BioNTech;

-         Oxford-AstraZeneca/Covidshield;

-         Sinopharm;and

-         Sinovac.

The proclamation includes several exemptionsfrom the vaccination requirement, including for children under 18, travelerswith certain medical conditions, and non-tourists from countries identified by Centerfor Disease Control and Prevention as having limited availability ofvaccination. However, some travelers who enter the US under one of theexemptions may be required to become vaccinated within 60 days of entry.