Wolfsdorf Rosenthal LLP attorneys have practiced immigration law exclusively for over three decades, yet despite our specialization in the field, only recently have we been approached by physicians who have received a “Notice of Revocation” of their respective Civil Surgeon designations from the U.S. Citizenship and Immigration Services (“USCIS”). This appears to be a trend based on USCIS’ bi-annual review and validation of grandfathered Civil Surgeon records. Here are four things Civil Surgeons should know:
- Immediate Impact. The final Notice of Revocations is immediate. It states that “as of the date of this letter, you are no longer authorized to perform immigration medical examinations for individuals seeking immigration benefits, and you will no longer be listed as a Civil Surgeon on the USCIS Find a Doctor website.”
- USCIS’ Principal Concerns. USCIS seeks to maintain integrity in the medical examination process, including the designation of Civil surgeons. USCIS has been specifically asking for evidence demonstrating that the Civil Surgeon has at least four years of professional experience, not including residency or internships or training, as well as evidence that the Civil Surgeon has no restrictions to practice medicine.
- No Appeal. While there is no appeal of USCIS’ revocation, a physician can file a Motion to Reopen and/or Motion to Reconsider the decision. There are strict deadlines that must be complied with to preserve these rights, and the contents of the motion must adhere to the regulatory framework.
- Tightening Immigration. Just like the surge of H-1B and L-1 denials in recent years, these revocations work to tighten legal immigration. If an individual cannot find a Civil Surgeon to perform an immigration medical examination, or if the supply of Civil Surgeons drops and prices for such examinations increase, there will be less access to immigrants wishing to adjust status to obtain lawful permanent residency (a green card).
Established in 1986, Wolfsdorf Rosenthal LLP is a full-service, top-rated immigration law firm providing exceptional immigration and visa services. With over 30 years of experience and offices in Los Angeles, New York, Oakland, San Francisco, Santa Monica, and Shanghai, the firm specializes in providing global immigration solutions for investors, multinational corporations, small businesses, academic and research institutions, artists and individuals.