Employment-Based Visa Numbers- November 2021 Eligibility to File Adjustment Applications

For the month of November, the USCIS has indicated that it will use the Dates for Filing chart in the Department of State Visa Bulletin for November 2021.

COVID-19 Vaccination Requirement for Immigration Medical Exam

USCIS announced that effective Oct. 1, 2021, applicants subject to the immigration medical examination must be fully vaccinated against COVID-19 before the civil surgeon can complete an immigration medical examination and sign Form I-693, Report of Medical Examination and Vaccination Record.

The COVID vaccine requirement applies prospectively to all Forms I-693 signed by the civil surgeons on or after October 1, 2021. USCIS is working on updating Form I-693 and the form instructions to incorporate this new requirement. USCIS may grant blanket waivers if the COVID-19 vaccine is:

• Not age-appropriate;
• Contraindicated due to a medical condition;
• Not routinely available where the civil surgeon practices; or
• Limited in supply and would cause significant delay for the applicant to receive the vaccination.

USCIS Extends Evidence of Status for Conditional Permanent Residents to 24 Months with Pending Form I-751 or Form I-829

Starting Sept. 4, 2021, USCIS is extending the time that receipt notices can be used to show evidence of status from 18 months to 24 months for petitioners who properly file Form I-751, Petition to Remove Conditions on Residence, or Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status. USCIS is making the change from 18 to 24 months to accommodate current processing times for Form I-751 and Form I-829, which have increased over the past year.

Conditional permanent residents who properly file Form I-751 or Form I-829 will receive a receipt notice that can be presented with their Form I-551, Permanent Resident Card (also known as a Green Card), as evidence of continued status for up to 24 months past the expiration date on their Green Card, while their case remains pending with USCIS.

Additionally, USCIS will issue new receipt notices to eligible conditional permanent residents who properly filed their Form I-751 or Form I-829 before Sept. 4 and whose cases are still pending. Those receipt notices will also serve as evidence of continued status for 24 months past the expiration date on their Green Card.

As a reminder, conditional permanent residents who plan to be outside of the United States for a year or more should apply for a reentry permit by filing Form I-131, Application for Travel Document, before leaving the country.

USCIS Temporarily Extends Validity of Medical Examination Report Form I-693

Due to the COVID-19 pandemic and related processing delays, USCIS is temporarily extending the validity of Form I-693 medical examination from 2 years to 4 years. For decisions on Form I-485 issued on or before Sept. 30, 2021, the adjudicating officer may accept an otherwise valid Form I-693, if no more than four years have passed since the civil surgeon’s signature. The officer may accept for consideration a Form I-693 for a decision issued on or before Sept. 30, 2021 if:

• The civil surgeon’s signature is dated no more than 60 days before the applicant filed Form I-485; and
• No more than four years have passed since the date of the civil surgeon’s signature; and
• A decision on Form I-485 is issued on or before Sept. 30, 2021.

Employment-Based Visa Numbers- October 2021 Eligibility to File Adjustment Applications

Employment-Based Visa Numbers- September 2021 Eligibility to File Adjustment Applications

Dept. of Labor Announces Updates to Implementation of the Final Rule Affecting Wages for H-1B and PERM Workers; District Court’s Order Vacating Final Rule

 

On June 23, 2021, the U.S. District Court for the Northern District of California issued an order in Chamber of Commerce, et al. v. DHS, et al., No. 20-cv-7331, vacating the Final Rule, Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States, 86 FR 3608 (Jan. 14, 2021), and remanding the matter back to the U.S. Department of Labor (DOL).

The DOL published the Final Rule on January 14, 2021, following district court orders that set aside an October 8, 2020 Interim Final Rule (IFR) (85 FR 63872). The Final Rule amended the DOL’s regulations governing the prevailing wages for employment opportunities that U.S. employers seek to fill with foreign workers on a permanent or temporary basis under the PERM, H-1B, H-1B1, or E-3 visa programs. The DOL has twice delayed the effective date of the Final Rule (86 FR 13995; 86 FR 26164). In light of these delays and now the June 23, 2021 order vacating the Final Rule, the operative version of the regulations at 20 CFR 656.40 and 20 CFR 655.731 continues to be the version in place on October 7, 2020, prior to the publication of the IFR.

Employment-Based Visa Numbers- July 2021 Eligibility to File Adjustment Applications