EXPEDITED PROCESSING AVAILABLE FOR HEALTHCARE WORKERS

USCIS has issued guidance that, effective immediately, healthcare workers who have a pending Employment Authorization Document (EAD) renewal application (Form I-765) can request expedited processing of the application if:

• The healthcare worker’s current EAD will expire in 30 days or less; or

• The healthcare worker’s current EAD has already expired.

Qualifying healthcare workers include, but are not limited to:

• Laboratory personnel performing critical research and testing for COVID-19 or other diseases;

• Healthcare providers providing direct patient care.

• Workers required for effective clinical, command, infrastructure, support service, administrative, security, and intelligence operations.

• Workers needed to support transportation, laundry services, food services, reprocessing of medical equipment and waste management.

• Workers who cannot work remotely that manage health plans, billing, health information, and cybersecurity functions.

• Workers providing security, incident management, and emergency operations at or on behalf of healthcare entities.

• Pharmacy staff.

• Home health workers.

For a full list of qualifying healthcare workers, see this DHS advisory memorandum (“Healthcare / Public Health” section, pages 7-9).

An individual requesting expedited processing should be prepared to provide evidence of their profession or current employment as a healthcare worker. Without sufficient evidence, USCIS may not grant the expedite request.

Should you have any questions or require additional information on this process please reach out to your designed MU attorney.

DEPARTMENT OF STATE UPDATE ON NATIONAL INTEREST EXEMPTIONS

On December 15, 2021, The Department of State (DOS), provided updated guidance in regards to National Interest Exemptions (NIEs).

The DOS confirmed that only in extremely rare circumstances will NIEs be granted for travelers subject to the Southern Africa travel ban, Presidential Proclamation 10315 (PP 10315). The DOS stated that the bar is very high for a NIE for PP 10315 and some posts will not even be accepting NIE requests, due to the very high standard.

Those seeking an NIE under the PP 10315 should contact the local post and provide as much information as possible to request a NIE to PP 10315. DOS confirmed that only under extreme or urgent circumstances, where the visa applicant documents a clear humanitarian need, or where the issue is clearly within the national interest of the United States will a NIE be granted.

In addition, the DOS confirmed that NIEs are no longer valid that were granted under Presidential Proclamations that have been rescinded.

JANUARY 2022 VISA BULLETIN: ANALYIS AND PREDICTIONS

 

The Department of State has just issued January 2022 Visa Bulletin.  This is the fourth Visa Bulletin of Fiscal Year 2022. This blog post analyzes this month's Visa Bulletin.

Visa Bulletin

Table A: Final Action Dates -- Applications with these dates may be approved for their Green Card (Permanent Residency card) or Immigrant Visa appointment.

EB	All Other	CHINA	INDIA	PHILIPPINES
1st	C	C	C	C
2nd	C	22JAN19	08JUL12	C
3rd	C	22MAR18	15JAN12	C

Table B: Dates of Filing

The USCIS is expected the Table B chart for I-485 employment-based filings. See: USCIS Visa Bulletin Dates

MU Law Analysis

Once again, there was good news and bad news for the retrogressed EB2 and EB3 categories.  The DOS did not move the Indian and Chinese EB-3s.  On the other hand, the dates for India and China EB-2, progressed.  India EB-2 moved ahead by a bit over two months.  China EB-2 advanced by three weeks.  These progressions were about half of the progressions that we saw with the December Visa Bulletin.

The story remains positive for Philippines and Worldwide EB-3, where dates held at Current.  They are expected to stay Current for the foreseeable future.

DOS ISSUES TEMPORARY RULE WAIVING IN-PERSON APPEARANCES FOR CERTAIN REPEAT IMMIGRANT VISA APPLICANTS.

On December 13, 2021, the Department of State (DOS) issued a temporary final rule that provides flexibility for consular officers to waive in-person appearances and in-person oath requirements for certain repeat immigrant visa applicants.

Immigrant visa applicants who meet the following criteria, may not need to make another in-person appearance before a consular officer for an interview, execution of their application, or oath:

(1) the immigrant visa was issued on or after August 4, 2019;

(2) the applicant did not travel to the United States on the immigrant visa; and

(3) the applicant seeks and remains qualified for an immigrant visa in the same classification as the expired immigrant visa.

Consular officers still have discretion to require applicants that meet these requirements to appear in-person. This temporary rule is in effect from December 13, 2021 through December 13, 2023.

USCIS 60 DAY MEDICAL EXAM REQUIREMENT TEMPORARILY WAIVED

USCIS has announced that it will waive the requirement that the medical exam Form I-693 be signed by the civil surgeon no more than 60 days prior to filing the I-485, Application to Register Permanent Residence or Adjust Status (green card application).  This waiver of the 60-day rule is effective from December 9, 2021 until September 30, 2022.  The I-693 medical exam will continue to remain valid for two years from the date of the civil surgeon’s signature, regardless of when the I-485 is filed.

This policy will provide additional flexibility to I-485 applicants and allow them to avoid having to undergo a second medical exam in many instances while still encouraging applicants to file the I-485 as soon as possible after completing the medical exam.