Medical Exam (I-693) Validity Policy Change Discussion

[justvisiting]

USCIS is about to announce a new policy - they will stop renewing expired Medical Exams. They have started sending out RFEs for those who had their medical exam > 1 year ago. This will likely impact the I-485 processing times further. If you become Current this year after June 1, you will probably have an RFE. It looks like USCIS is doing their best to waste visa numbers this year. Hopefully DOS responds by aggressively moving dates forward to increase use of CP numbers. This however has very little impact on EB-2 consumption. I now fully expect visa numbers to be wasted this fiscal year.

[imdeng]

Oh Well... if folks get RFEs for EVL, Medical etc starting June - you have a very small window of for getting everything done right. I hope they will start the process early enough.

OTOH - there is the whole industry out there that does Medicals for immigration. Urgent Care for our case here in WI. They have a very fast turnaround - usually just a couple of days. So folks can get reply to a Medical RFE in like a week or two. So it is manageable.

USCIS is about to announce a new policy - they will stop renewing expired Medical Exams. They have started sending out RFEs for those who had their medical exam > 1 year ago. This will likely impact the I-485 processing times further. If you become Current this year after June 1, you will probably have an RFE. It looks like USCIS is doing their best to waste visa numbers this year. Hopefully DOS responds by aggressively moving dates forward to increase use of CP numbers. This however has very little impact on EB-2 consumption. I now fully expect visa numbers to be wasted this fiscal year.

[Spectator]

USCIS is about to announce a new policy - they will stop renewing expired Medical Exams. They have started sending out RFEs for those who had their medical exam > 1 year ago. This will likely impact the I-485 processing times further. If you become Current this year after June 1, you will probably have an RFE. It looks like USCIS is doing their best to waste visa numbers this year. Hopefully DOS responds by aggressively moving dates forward to increase use of CP numbers. This however has very little impact on EB-2 consumption. I now fully expect visa numbers to be wasted this fiscal year.

justvisiting,

It certainly appears to be the case. AILA are hearing rumours and an extension memo is already overdue, if there was going to be one.

TBH, it doesn't make much sense to me from a health perspective - if the person did not have a reportable Class A or B medical condition at the time of the original medical examination, they are unlikely to develop one in the intervening time. If they did, then the medical examination was only valid for a year anyway.

A totally unnecessary reversal of policy IMO, if that is indeed the case.

If USCIS and the CDC have concerns about the time that has elapsed since 2007, then they could have assessed that by selecting a proportion of cases from higher risk Countries to see if their concerns have any basis in fact or not. If it turns out to be a "one size fits all" approach, where everyone receives an RFE, I can't agree with it.

Perhaps they are considering raising the initial validity from one year to a more sensible period.

[EB2-03252009]

So this will make eb2-I dates to move into 2009 or they wont move at all?

USCIS is about to announce a new policy - they will stop renewing expired Medical Exams. They have started sending out RFEs for those who had their medical exam > 1 year ago. This will likely impact the I-485 processing times further. If you become Current this year after June 1, you will probably have an RFE. It looks like USCIS is doing their best to waste visa numbers this year. Hopefully DOS responds by aggressively moving dates forward to increase use of CP numbers. This however has very little impact on EB-2 consumption. I now fully expect visa numbers to be wasted this fiscal year.

[Jagan01]

USCIS is about to announce a new policy - they will stop renewing expired Medical Exams. They have started sending out RFEs for those who had their medical exam > 1 year ago. This will likely impact the I-485 processing times further. If you become Current this year after June 1, you will probably have an RFE. It looks like USCIS is doing their best to waste visa numbers this year. Hopefully DOS responds by aggressively moving dates forward to increase use of CP numbers. This however has very little impact on EB-2 consumption. I now fully expect visa numbers to be wasted this fiscal year.

Would they not assign the visa numbers to applications in this FY to avoid wastage. The approvals might come in Oct or Nov 2014 but the visas will still be counted against FY2014. Is that not the case ?

[bzabza]

USCIS is about to announce a new policy - they will stop renewing expired Medical Exams. They have started sending out RFEs for those who had their medical exam > 1 year ago. This will likely impact the I-485 processing times further. If you become Current this year after June 1, you will probably have an RFE. It looks like USCIS is doing their best to waste visa numbers this year. Hopefully DOS responds by aggressively moving dates forward to increase use of CP numbers. This however has very little impact on EB-2 consumption. I now fully expect visa numbers to be wasted this fiscal year.

Where Did you get this info from? Can you share the source?

[justvisiting]

Where Did you get this info from? Can you share the source?

AILA Website:

Practice Alert: RFEs for Expiring Medical Exams
AILA practice alert notifying members that effective June 1, 2014, certain Forms I-693 submitted to USCIS in connection with adjustment of status applications more than one year prior will no longer be valid. RFEs are being sent out in anticipation of a change in policy.
AILA Doc. No. 14042146.

Oh Law Firm has the details.

[justvisiting]

So this will make eb2-I dates to move into 2009 or they wont move at all?

In a perfect world with perfect communication between USCIS and DOS, this should lead to DOS advancing dates further. Unfortunately we do not live in that world. That's why I suspect visa numbers may go to waste.

[Spectator]

In a perfect world with perfect communication between USCIS and DOS, this should lead to DOS advancing dates further. Unfortunately we do not live in that world. That's why I suspect visa numbers may go to waste.

As much as a pain it is, if USCIS issue RFEs for new medicals in a timely fashion, there is no need for it to disrupt anything regarding processing and visa use.

As far as EB2-I goes, the dates aren't likely to move forward until July at the earliest (although I think it will more likely be August). If the RFEs are issued and replied to in a timely fashion, there will be nothing to stop approval on the same timescale as without the RFE.

It is a problem if USCIS wait to the last minute to issue RFEs, so it is actually encouraging to hear about them so early.

If USCIS are no longer going to extend the validity of the I-693 on a yearly basis, they really need to up the acceptable validity period to at least 2-3 years by way of a new Memo or regulation. People (especially in EB2-I) can become Current multiple times, just over a year apart (or just over year since the date of the last I-693) before their case is adjudicated. It really would not be fair to expect a new I-693 every year under those circumstances.

As best I can tell, the I-693 RFEs have so far only been received by EB3 applicants who first filed in 2007.

[shekhar_kuruk]

Spec,
I do know a Chinese girl at work who received this RFE and discussed this with me. Her priority date is Sep 2009 and she is an EB 2 candidate. She sounded a little worried but I did mention that she could get current soon.

As much as a pain it is, if USCIS issue RFEs for new medicals in a timely fashion, there is no need for it to disrupt anything regarding processing and visa use.

As far as EB2-I goes, the dates aren't likely to move forward until July at the earliest (although I think it will more likely be August). If the RFEs are issued and replied to in a timely fashion, there will be nothing to stop approval on the same timescale as without the RFE.

It is a problem if USCIS wait to the last minute to issue RFEs, so it is actually encouraging to hear about them so early.

If USCIS are no longer going to extend the validity of the I-693 on a yearly basis, they really need to up the acceptable validity period to at least 2-3 years by way of a new Memo or regulation. People (especially in EB2-I) can become Current multiple times, just over a year apart (or just over year since the date of the last I-693) before their case is adjudicated. It really would not be fair to expect a new I-693 every year under those circumstances.

As best I can tell, the I-693 RFEs have so far only been received by EB3 applicants who first filed in 2007.

[Kanmani]

This is how the memo on extension of validity of Form I-693 reads ......

"Policy
Even if more than one year has elapsed since the civil surgeon’s endorsement of a Form I-693 submitted in support of an I-485 or I-687 application, the Form I-693 should be considered valid in any case in which:

• The Form I-693 shows that the applicant had no Class A or Class B medical condition (other than a Class B Other Medical Condition) at the time
of the medical examination; and

• USCIS adjudicates the Form I-485 or Form I-687 on or before May 31, 2014.

By June 1, 2014, USCIS anticipates that it will issue a new policy in regards to the sufficiency of Form I-693 endorsements. USCIS is currently working with CDC on developing the new policy"

http://www.uscis.gov/sites/default/f...ive_9-4-13.pdf

[qesehmk]

Thanks Kanmani!

This to me looks like
A) The current policy anyway was only until 31st May 2014. And hence USCIS must renew the current policy or come up with new one.
B) Unless fundamentally landscape has changed CDC has no reason to not support current policy extension - which means in all likelihood current policy will continue to be in force unless CDC sees increased need to renew medical exams.

From administrative perspective - increased exams/RFEs add more headache rather than solve anything. So I think more than 50% I would believe the current policy should be extended as is.

This is how the memo on extension of validity of Form I-693 reads ......

"Policy
Even if more than one year has elapsed since the civil surgeon’s endorsement of a Form I-693 submitted in support of an I-485 or I-687 application, the Form I-693 should be considered valid in any case in which:

• The Form I-693 shows that the applicant had no Class A or Class B medical condition (other than a Class B Other Medical Condition) at the time
of the medical examination; and

• USCIS adjudicates the Form I-485 or Form I-687 on or before May 31, 2014.

By June 1, 2014, USCIS anticipates that it will issue a new policy in regards to the sufficiency of Form I-693 endorsements. USCIS is currently working with CDC on developing the new policy"

http://www.uscis.gov/sites/default/f...ive_9-4-13.pdf

[Spectator]

Thanks Kanmani!

This to me looks like
A) The current policy anyway was only until 31st May 2014. And hence USCIS must renew the current policy or come up with new one.
B) Unless fundamentally landscape has changed CDC has no reason to not support current policy extension - which means in all likelihood current policy will continue to be in force unless CDC sees increased need to renew medical exams.

From administrative perspective - increased exams/RFEs add more headache rather than solve anything. So I think more than 50% I would believe the current policy should be extended as is.

Q,

I do sense something is afoot.

Here's the history of the previous Extension Memos and their publication dates (as far back as I am going to look anyway):

July 23, 2003 - extended until January 1, 2004
January 8, 2004 - extended until January 1, 2005
December 2, 2004 - extended until January 1, 2006
January 11, 2006 - extended until January 1, 2007
January 3, 2007 - extended until January 1, 2008
January 7, 2008 - extended until January 1, 2009
December 10, 2008 - extended until January 1, 2010
December 30, 2009 - extended until January 1, 2011
December 16, 2010 - extended until January 1, 2012
December 29, 2011 - extended until January 1, 2013
December 20, 2012 - extended until September 30, 2013
September 4, 2013 - extended until May 31, 2014

In recent years, apart from the last extension, they have been published well before the previous extension expired.

The last 2 extensions have been for a period of less than a year.

Even though the last extension was published very close to the expiration of the previous extension, I do not remember USCIS issuing RFE requests, or AILA suggesting the policy might change.

I can see 2 possibilities:

a) USCIS will (eventually) publish a Memo with a fixed validity period from the original examination that they will accept.

b) USCIS will no longer extend the validity and fall back to the 1 year expiration date.

My bet is on (a).

[qesehmk]

Spec that's a great observation and data!

As per possibility #2 - why do you think USCIS will opt for that at all? It doesn't bring USCIS any revenue does it?

Q,

I do sense something is afoot.

Here's the history of the previous Extension Memos and their publication dates (as far back as I am going to look anyway):

July 23, 2003 - extended until January 1, 2004
January 8, 2004 - extended until January 1, 2005
December 2, 2004 - extended until January 1, 2006
January 11, 2006 - extended until January 1, 2007
January 3, 2007 - extended until January 1, 2008
January 7, 2008 - extended until January 1, 2009
December 10, 2008 - extended until January 1, 2010
December 30, 2009 - extended until January 1, 2011
December 16, 2010 - extended until January 1, 2012
December 29, 2011 - extended until January 1, 2013
December 20, 2012 - extended until September 30, 2013
September 4, 2013 - extended until May 31, 2014

In recent years, apart from the last extension, they have been published well before the previous extension expired.

The last 2 extensions have been for a period of less than a year.

Even though the last extension was published very close to the expiration of the previous extension, I do not remember USCIS issuing RFE requests, or AILA suggesting the policy might change.

I can see 2 possibilities:

a) USCIS will (eventually) publish a Memo with a fixed validity period from the original examination that they will accept.

b) USCIS will no longer extend the validity and fall back to the 1 year expiration date.

[Spectator]

Spec that's a great observation and data!

As per possibility #2 - why do you think USCIS will opt for that at all? It doesn't bring USCIS any revenue does it?

Q,

In truth, I don't think (b) is at all likely, but more because it would serve no health benefit. I'm pretty certain USCIS would resist that option because it would place an increased processing burden on them.

I just think it is even less likely USCIS will return to one year extensions.

It's pretty amazing that in over a decade, USCIS and CDC have not been able to formulate a final policy (or maybe it isn't). Disappointing is probably a better description.

I was quite surprised the extensions have been going on for so long. Prior to having a look, I had assumed it was a result of July 2007 creating large backlogs.

[qesehmk]

Agree Spec. I think that for AOS cases - they should do it once. Once a person is cleared - s/he is no more or less likely to acquire any new disease than anybody else in US. So why bother retesting!

It's pretty amazing that in over a decade, USCIS and CDC have not been able to formulate a final policy (or maybe it isn't). Disappointing is probably a better description.

[Spectator]

A little more info on medical examination validity.

Murthy reports

Now, however, it appears that the USCIS will not be granting these blanket extensions again, which means that all I-693s completed more than a year prior to May 31, 2014, are scheduled to expire.

......

The USCIS provided confirmation to the American Immigration Lawyers Association (AILA) that, as of June 1, 2014, medical examinations that are more than a year old will no longer remain valid. The USCIS will release a notice on this topic in the near future. RFEs have already begun being issued to applicants with expired I-693s.

I'm not sure it adds too much, since Murthy sometimes add their own spin with the the words they use.

[ROCK72]

FYI...
http://www.murthy.com/2014/04/23/usc...medical-exams/

[sreddy]

Murthy law firm posted something on the RFE subject. See the link below.
http://www.murthy.com/2014/04/23/usc...medical-exams/

I booked tickets for India trip first weekend of June. So I will have only 5 working days in June before start. Any advise on how to respond to RFEs without effecting my trip?

[vizcard]

Realistically what does this mean ?

I have a copy of what the doc sent to USCIS (and he probably has my medical records too). I just go back to him show him that and he signs off on a new one ?

[Spectator]

Realistically what does this mean ?

I have a copy of what the doc sent to USCIS (and he probably has my medical records too). I just go back to him show him that and he signs off on a new one ?

Realistically, I think it would mean that the results of the previous Medical Exam are no longer valid and you would have to undergo a new Medical Examination.

Assuming your vaccinations are up to date, there should be relatively little to repeat (TB and Syphilis tests perhaps).

There is very little evidence so far of any EB2 applicants receiving an RFE for a new I-693. The vast majority of EB2-I applicants left underwent their Medical Exam less than 2 years ago.

That leads me to think (hope) that the new guidance will set a defined number of years as the validity of the I-693 that USCIS will accept and that almost all current EB2-I applicants will fall within the revised validity period at the present time.

[justvisiting]

I was wondering, what happens if USCIS sends the RFE to everyone with an expired exam? You are required to respond the RFE, right? What if you are nowhere close to becoming current? Do you still have to go, get your medical exam, spend the (at least) $100, and then wait until it happens again the year after that?
This is a ridiculous policy change.

[sreddy]

I spoke to my law firm people yesterday. The lady who I spoke to me indicated they already started getting RFEs, most of them that they received so far are for expired I-693s. She could not tell me more details on what priority dates received RFEs so far. I will follow-up again after couple of weeks to get more info.

[primus]

I applied for 485 on Aug 1st 2013. And I included my medical exams done on July 3rd 2013. Does that mean, this year, if they work on my application, say on Sept 1st 2014, then will they issue me RFE that time as it would be past 1 year from July 3rd 2013?

[edisonguy]

My wife is leaving to India by May month mid. My PD is early 2009. We have another 2 weeks of time to do the medicals before she leaves. I checked the current I693 form which is valid until 01/15.

Let us say if we do the medicals before she leaves, can we use the same sealed envelope to address the medical RFE [if the RFE is before Sep 30].

I know the medical report is valid for 1 year. Will this plan workout. This will help us to not change the planned schedule which is Aug-4 back to USA.

Gurus, kindly pour your thoughts/ideas ASAP.