USCIS Temporarily Waiving 60-Day Signature Rule for Green Card Medicals

From USCIS

U.S. Citizenship and Immigration Services is temporarily waiving the requirement that the civil surgeon sign Form I-693, Report of Medical Examination and Vaccination Record, no more than 60 days before an applicant files an application for the underlying immigration benefit (including Form I-485, Application to Register Permanent Residence or Adjust Status), until Sept. 30, 2022.

This temporary waiver will help applicants who have been affected by the COVID-19 pandemic and related processing delays, which have sometimes caused delays in completing the immigration medical examination. Temporarily allowing applicants to submit their underlying application for an immigration benefit with a completed Form I-693, even if the civil surgeon signed more than 60 days prior, will allow individuals to complete the application process without the need to undergo another immigration medical examination if Form I-693 is otherwise valid.

The temporary waiver will benefit many applicants, including Afghan nationals evacuated under Operation Allies Welcome who have completed immigration medical examinations at government-run facilities but were not able to apply for adjustment of status within 60 days of the completed examination.

For more information, see the policy alert (PDF, 318.16 KB). Visit the Policy Manual for Comment page to comment on this update.

Connecting with Challa Law Group

From USCIS, 12/21/2021

The Department of Homeland Security has published a final rule that withdraws the Modification of Registration Requirement for Petitioners Seeking to File Cap-Subject H-1B Petitions final rule, also known as the H-1B Selection Final Rule, issued Jan. 8, 2021. That rule was vacated by the U.S. District Court for the Northern District of California.

On Sept. 15, 2021, the court in Chamber of Commerce of the United States of America et al. v. United States Department of Homeland Security, et al., No. 4:20–cv–07331 (N.D. Cal. March 19, 2021) vacated the H-1B Selection Final Rule. The rule would have changed the way USCIS selects H-1B registrations (or petitions, if registration is suspended) submitted by prospective petitioners seeking to file an H-1B cap-subject petition by ranking and selecting registrations based generally on corresponding wage levels.

For more information, see the final rule.

_________________________________________________________

Connecting with Challa Law Group

From the Department of Homeland Security, 12/20/2021

For First Time, DHS to Supplement H-2B Cap with Additional Visas in First Half of Fiscal Year

WASHINGTON—The Department of Homeland Security (DHS) and the Department of Labor (DOL) today announced the forthcoming publication of a joint temporary final rule to make available an additional 20,000 H-2B temporary nonagricultural worker visas for fiscal year (FY) 2022.  These visas will be set aside for U.S. employers seeking to employ additional workers on or before March 31, 2022.

This supplemental cap marks the first time that DHS is making additional H-2B visas available in the first half of the fiscal year.  Earlier this year, USCIS received enough petitions for returning workers to reach the additional 22,000 H-2B visas made available under the FY 2021 H-2B supplemental visa temporary final rule.

The supplemental H-2B visa allocation consists of 13,500 visas available to returning workers who received an H-2B visa, or were otherwise granted H-2B status, during one of the last three fiscal years.  The remaining 6,500 visas, which are exempt from the returning worker requirement, are reserved for nationals of Haiti and the Northern Triangle countries of Honduras, Guatemala, and El Salvador.

“At a time of record job growth, additional H-2B visas will help to fuel our Nation’s historic economic recovery,” said Secretary Mayorkas.  “DHS is taking action to protect American businesses and create opportunities that will expand lawful pathways to the United States for workers from the Northern Triangle countries and Haiti.  In the coming months, DHS will seek to implement policies that will make the H-2B program even more responsive to the needs of our economy, while protecting the rights of both U.S. and noncitizen workers.”

DHS intends to issue a separate notice of proposed rulemaking that will modernize and reform the H-2B program.  The proposed rule will incorporate program efficiencies and protect against the exploitation of H-2B workers.

The H-2B program permits employers to temporarily hire noncitizens to perform nonagricultural labor or services in the United States.  The employment must be of a temporary nature for a limited period of time, such as a one-time occurrence, seasonal need, or intermittent need.  Employers seeking H-2B workers must take a series of steps to test the U.S. labor market.  They must also certify in their petitions that there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work for which they seek a prospective foreign worker.  In addition, they must certify that employing H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.  Additional details on these safeguards, and on eligibility and filing requirements, will be available in the temporary final rule and the Cap Count for H-2B Nonimmigrants webpage.

_________________________________________________________

Connecting with Challa Law Group