Immigration Updates: USCIS Eases Medical Exam, Visa-Status Changes, and Gender Change Requirements
Legalpad (Deel Immigration)
Deel's in-house immigration support gets you worldwide visas hassle-free, enabling work from 30+ countries.
Exciting news, gang,?Legalpad?is now?Deel Immigration!?
In the news this week, the State Department and USCIS are making it easier for applicants to apply for a visa by making gender, change of status, and medical exam requirements more flexible.
P.S. Best of luck to all entrepreneurs pitching their startups at YC demo day!?
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Immigration Updates???
?? The 60-day rule for Medical Exams is no more
Say goodbye to the pesky and inflexible 60-day rule, as it's been chucked out the window as of?March 31st, 2023! Previously, adjustment of status applicants needed to submit their application within 60 days of a civil surgeon signing off the medical exam. The rigidness of such policy often burdened applicants and led to more Requests for Evidence. The entire process created delays and pushed more costs onto applicants.
USCIS explained the change in a press release, “USCIS is now removing this requirement permanently. Applicants, civil surgeons, USCIS officers, federal partners, and other stakeholders have consistently expressed concern that this requirement is confusing and necessitates Requests for Evidence (RFEs) to be issued for otherwise valid Forms I-693."
It's important to?note?that the medical exam is valid for 2 years after the civil surgeon signs off on it, so there's no need to rush your application.?
???USCIS will no longer require evidence of gender change when requesting a change in gender on their visas
Trans and gender-nonconforming immigrants can breathe a sigh of relief. USCIS announced that?effective immediately, the gender marker they select does not need to match the gender marker indicated on their supporting documentation.
Exceptions will be taken if a naturalized citizen wishes to change the gender marker on their naturalization certificate (Form N-565).??
The change was spurred after USCIS asked the public for input on how they could improve and reduce barriers to admission. Previously, applicants had to submit sensitive time-consuming evidence to officers of their transition. The agency plans to include an additional gender marker (“X”) for another or unspecified gender identity in future forms.?
? USCIS will prioritize pending I-539 applications when employers file I-129 petitions with premium processing
If you have been recently laid off on a visa, such as an H-1B, USCIS is ready to prioritize a change in status to give you more breathing room to find another job.?
The agency stated that they would?prioritize a pending I-539 application?to switch to B-1/B-2 visitor status if the employer files an I-129 petition for a change of status with a premium processing service request. Once an applicant finds a new gig, their new employer may file a new Form I-129 petition to change the foreign national’s status back to H-1B.
Historically, such a move would often trigger an RFE or lead to delays, but this is no longer the case, thanks to the recent leadership changes at USCIS.?
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Interactive Sessions & Meetups ??
Join us for an exclusive webinar on scaling your startup with?Legalpad?and Brex. In this cross-collaboration,?Legalpad's immigration expert and Brex's GTM strategist will provide insights and practical tips on two critical startup topics: developing a successful go-to-market (GTM) strategy and securing work visas for your team.
Thursday, April 6th 2023 @ 7:00PM CEST
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When I first got my green card, I couldn't stop smiling.?
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