As a reminder, for those investors who are able to file an I-485 Application to Adjust Status (“AOS application”), the medical examination, completed on Form I-693, will no longer expire. In the past, the form had an “expiration date” depending on when the civil surgeon signed it. Because of how long AOS applications were taking to adjudicate, some applicants would strategically not file with Form I-693 as to not run into the scenario of paying for two medical examinations, which is not required at the time of filing, opting instead to receive a Request for Evidence to submit it to complete the adjudication process. The issue with this approach is that it would delay the approval process.
To reiterate the process, an applicant must submit Form I-693 along with their AOS applications to obtain a green card. This form confirms that the applicant is not inadmissible to the U.S. on public health grounds. Form I-693 is completed by a visit to the designated USCIS civil surgeon, which can be found here: https://www.uscis.gov/tools/find-a-civil-surgeon. The following must be brought to the appointment:
- Form I-693 to be filled out by the civil surgeon!
- Government-issued photo ID.
- Vaccination or immunization records, if available.
- Health insurance card.
- Payment for the service.
Once the results are obtained, it is imperative that Form I-693 be submitted without the seal being broken.
If, for any reason the medical examination is taking too much time, and the AOS application must be submitted (for example, status expiring or priority date retrogressing), the AOS application can still be submitted without Form I-693. However, the applicant will receive a Request for Evidence later, as it is still required, and it may delay the adjudication process.
The above article is intended for informational purposes only and is not based upon any specific set of facts. Anyone with specific questions or issues concerning EB-5 or H1-B should consult an immigration attorney.
