Immigration Update

In this edition, read about the release of the Visa Bulletin for September 2021, USCIS temporarily extending validity periods of medical exam and vaccination record forms, and USCIS expanding its partnership with the social security administration.

Visa Bulletin for September 2021 Released

The Department of State’s Visa Office released the Visa Bulletin for September 2021. The bulletin notes, among other things, that:

• The diversity visa (DV) category for September shows that all DV chargeability areas except those listed separately are Current.
• Because the EB-5 immigrant investor pilot program was extended only until June 30, 2021, no I5 or R5 visas may be issued overseas or final action taken on adjustment of status cases after that date. The final action dates for the I5 and R5 categories are “Unavailable” for September.
• The Worldwide employment-based preference limit for fiscal year 2021 is 262,288, which is much higher than the normal annual limit of 140,000 for employment-based green cards.

In another positive development, the Employment-Based Third Preference Final Action Date for India advanced to January 1, 2014, which is where the Filing Date was in the December 2020 Visa Bulletin.

Details: Visa Bulletin, Dept. of State, Sept. 2021, https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2021/visa-bulletin-for-september-2021.html

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USCIS Temporarily Extends Validity Period of Medical Exam and Vaccination Record Form

U.S. Citizenship and Immigration Services (USCIS) temporarily extended the validity period for Form I-693, Report of Medical Examination and Vaccination Record, from two years to four years due to COVID-19 pandemic-related delays in processing. USCIS said it may consider a completed Form I-693 as valid if:

• The civil surgeon’s signature is dated no more than 60 days before the applicant filed Form I-485, Application to Register Permanent Residence or Adjust Status;
• No more than four years have passed since the date of the civil surgeon’s signature; and
• A decision on the applicant’s Form I-485 is issued on or before September 30, 2021.
• USCIS also stated that it is on track to approve more employment-based adjustment of status applications than it has since FY 2005. “We have prioritized employment-based adjustment of status applications during every step of its processing and adjudication during this fiscal year. We continue to make processing and resource allocation decisions to increase the pace of adjudications and limit the potential for employment-based visa numbers to go unused.”

Details: USCIS alert, Aug. 12, 2021, https://www.uscis.gov/news/alerts/uscis-temporarily-extending-validity-period-of-form-i-693

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USCIS Expands Partnership with Social Security Administration

Applicants filing for lawful permanent resident status can now apply for a Social Security number (SSN) or replacement card as part of the adjustment of status application process, U.S. Citizenship and Immigration Services (USCIS) announced. Previously, such an individual had to apply for the SSN at a Social Security office. USCIS revised Form I-485, Application to Register Permanent Residence or Adjust Status, to include the additional questions needed to apply for an SSN or a replacement card.

Details: USCIS news release, Aug. 9, 2021, https://www.uscis.gov/news/news-releases/uscis-expands-partnership-with-social-security-administration

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