All applicants filing for adjustment of status to that of a lawful permanent resident, the final stage in the permanent residence or “green card” process, are generally required to file Form I-693, Report of Medical Examination and Vaccination Record, completed by a designated civil surgeon, in conjunction with the adjustment application. Form I-693 reports the results of a medical examination, which is required to establish that an applicant is not inadmissible to the United States on public health grounds.

The endorsement of a civil surgeon on Form I-693 is generally valid for one year. However, in response to the backlogs in certain preference categories, U.S. Citizenship and Immigration Services (USCIS) agreed to extend the validity of the civil surgeon’s endorsement on Form I-693 until the time of adjudication. This policy was extended on an annual basis, most recently in September 2013. However, this most recent extension of the policy is in effect only until May 31, 2014 and applies to any case that is adjudicated on or before May 31, 2014. For any case adjudicated on or before that date, USCIS will accept as valid a Form I-693 that was signed more than one year before the date of the adjudication of a pending adjustment of status application.

The American Immigration Lawyers Association (AILA) has confirmed that USCIS has changed its policy and that, effective June 1, 2014, Forms I-693 submitted to USCIS more than one year prior will no longer be valid. Therefore, in anticipation of this policy change, USCIS has begun issuing Requests for Evidence (RFEs) to notify adjustment of status applicants that the forms they provided in support of their adjustment applications are about to exceed the validity period and that they are required to submit a new Form I-693 in order to have their applications adjudicated.

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Ogletree Deakins has one of the largest business immigration practices in the United States and provides a wide range of legal services for employers seeking temporary business visas and permanent residence on behalf of foreign national employees.

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