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EAD Automatic Extension Period Lengthened and New Indefinite Validity for Medical Examinations

EAD Automatic Extension Period Lengthened

DHS has announced that it will issue a Temporary Final Rule (TFR) providing that the automatic extension period applicable to expiring Employment Authorization Documents (EADs) for renewal applicants who have filed Form I-765, Application for Employment Authorization, will be increased from up to 180 days to up to 540 days from the expiration date stated on their EADs. The TFR will take effect upon publication in the Federal Register, which is scheduled for Monday, April 8, 2024.

DHS indicated that it is taking these steps to prevent renewal applicants from experiencing a lapse in their employment authorization and documentation. Without this TFR, DHS estimates that approximately 800,000 renewal EAD applicants would have been in danger of having their applications remain pending beyond the current 180-day auto-extension period because of USCIS processing delays and through no fault of their own. USCIS reverted to a 180-day auto extension period on October 26, 2023, and with the 180-day auto extensions for applications filed on that date about to expire in less than three weeks, it was necessary for the agency to issue the extension as a TFR that would take effect upon publication.

This temporary measure will apply to eligible applicants of companies for whom their legal team timely and properly filed an EAD renewal application on or after Oct. 27, 2023, if the application is still pending on the date of publication in the Federal Register. The temporary final rule will also apply to eligible EAD renewal applicants of companies for whom the legal team timely and properly filed Form I-765 application during a 540-day period that begins with the rule’s publication in the Federal Register.

For more information, visit the Automatic Employment Authorization Document Extension page.

New Indefinite Validity for Medical Examinations

U.S. Citizenship and Immigration Services today announced that any Form I-693, Report of Immigration Medical Examination and Vaccination Record, that was properly completed and signed by a civil surgeon on or after Nov. 1, 2023, does not expire and can be used indefinitely as evidence to show that the applicant is not inadmissible on health-related grounds.

In consultation with the Centers for Disease Control and Prevention (CDC), and based on advances in public health electronic notification, USCIS has determined that a Form I-693’s evidentiary value should no longer be limited to a certain period if it is properly completed and was signed by a civil surgeon on or after Nov. 1, 2023. USCIS officers have discretion to request more evidence or a new or updated Form I-693 if they have reason to believe the applicant’s medical condition has changed since the civil surgeon signed the Form I-693, or that the Form I-693 submitted does not accurately reflect the applicant’s medical condition and the applicant may be inadmissible on health-related grounds.

If an applicant’s immigration medical examinations were completed before Nov. 1, 2023, the prior policy still applies. Before Nov. 1, 2023, civil surgeons did not need to share or report certain information to the CDC electronically. USCIS has consulted with the CDC and determined that a properly completed Form I-693 signed by a civil surgeon before Nov. 1, 2023, continues to retain evidentiary value for two years from the date of the civil surgeon’s signature.  This does not apply to Forms I-693 filed by Operation Allies Welcome parolees. Their Forms I-693 retain their evidentiary value for three years from the date of the civil surgeon signature, through policy and in consultation with CDC. For more information see the USCIS Policy Manual, Volume 8, Part B, Chapter 4.

For more information, see the updated guidance in the USCIS Policy Manual.

Klug Law Firm is committed to delivering the Highest Quality Legal Work, Exceptional Client Service, and a Caring Approach for your organization's business immigration needs.  Let us be your trusted partner in navigating the complexities of immigration law. Contact us today to schedule a consultation and initiate your organization's first step toward a successful corporate immigration program.
 

Please contact us at info@klugfirm.com or (212) 495-9245 for assistance.

You can access our previous Client Alerts here.

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This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Klug Law Firm. If you are not yet a client of our firm, contact us at info@klugfirm.com or (212) 495-9245.
 
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