Post by wmwong5877 on Dec 5, 2003 18:29:45 GMT 7
VisaScreen Not Required Prior to Filing I-485
At a recent meeting between American Immigration Lawyers Association (AILA) and U.S. Citizenship and Immigration Services (USCIS) representatives, a question was raised regarding when the health care worker certificate (commonly called the “VisaScreen”) should be filed. AILA asked whether the certificate must be presented at the time of filing the I-485 or adjustment application, or at some time prior to adjustment. The USCIS affirmed its prior position that the VisaScreen does not have to be submitted at the time of filing the I-485 application. This confirmation of previously existing policy will help many health care workers to stay and work legally in the U.S., even before obtaining the VisaScreen.
Regular readers of the MurthyBulletin and MurthyDotCom will recall that we addressed this question in our October 10, 2003 article, USCIS Memo on Certification of Health Care Workers, regarding a September 22, 2003 Memo issued by the Associate Director of Operations for the USCIS, William R. Yates. The Memo stated that persons seeking to adjust status to permanent residence through employment in one of the affected health care occupations must have the VisaScreen at the time of filing for adjustment of status. The USCIS now confirms that its long-standing policy of allowing the I-485 to be filed without the VisaScreen has not changed:
“Recent guidance issued by CIS regarding healthcare workers (Final Regulation on Certification of Foreign Health Care Workers, September 22, 2003 issued by Associate Director for Operations William R. Yates) incorrectly assumed that the certificate was an initial requirement when in fact the Service Centers have allowed subsequent filing. The memo was not intended to change this policy and the existing practice of allowing post-filing submission of the 212(a)(5)(c) certificate remains in effect.”
The policy of allowing a person to file the I-485 before obtaining the VisaScreen will give an adjustment applicant the right to obtain an Employment Authorization Document or EAD to work legally in the U.S. In addition to the EAD, an adjustment applicant who has maintained status in the U.S. or who has not been unlawfully present for over 180 days, will be able to obtain Advance Parole permitting the person to travel abroad and reenter the United States.
Notwithstanding the policy permitting the filing of an I-485 prior to obtaining the VisaScreen, the health care worker certificate must still be submitted to the USCIS before it will approve the I-485 application. We continue to urge I-485 applicants to apply for the VisaScreen as soon as possible as it may take several months or longer to obtain it. This affirmation of policy should be welcome news for health care professionals who are subject to the VisaScreen requirement.
Again, fresh from www.murthy.com VOL. IX, no. 49 - December 2003, week 1
At a recent meeting between American Immigration Lawyers Association (AILA) and U.S. Citizenship and Immigration Services (USCIS) representatives, a question was raised regarding when the health care worker certificate (commonly called the “VisaScreen”) should be filed. AILA asked whether the certificate must be presented at the time of filing the I-485 or adjustment application, or at some time prior to adjustment. The USCIS affirmed its prior position that the VisaScreen does not have to be submitted at the time of filing the I-485 application. This confirmation of previously existing policy will help many health care workers to stay and work legally in the U.S., even before obtaining the VisaScreen.
Regular readers of the MurthyBulletin and MurthyDotCom will recall that we addressed this question in our October 10, 2003 article, USCIS Memo on Certification of Health Care Workers, regarding a September 22, 2003 Memo issued by the Associate Director of Operations for the USCIS, William R. Yates. The Memo stated that persons seeking to adjust status to permanent residence through employment in one of the affected health care occupations must have the VisaScreen at the time of filing for adjustment of status. The USCIS now confirms that its long-standing policy of allowing the I-485 to be filed without the VisaScreen has not changed:
“Recent guidance issued by CIS regarding healthcare workers (Final Regulation on Certification of Foreign Health Care Workers, September 22, 2003 issued by Associate Director for Operations William R. Yates) incorrectly assumed that the certificate was an initial requirement when in fact the Service Centers have allowed subsequent filing. The memo was not intended to change this policy and the existing practice of allowing post-filing submission of the 212(a)(5)(c) certificate remains in effect.”
The policy of allowing a person to file the I-485 before obtaining the VisaScreen will give an adjustment applicant the right to obtain an Employment Authorization Document or EAD to work legally in the U.S. In addition to the EAD, an adjustment applicant who has maintained status in the U.S. or who has not been unlawfully present for over 180 days, will be able to obtain Advance Parole permitting the person to travel abroad and reenter the United States.
Notwithstanding the policy permitting the filing of an I-485 prior to obtaining the VisaScreen, the health care worker certificate must still be submitted to the USCIS before it will approve the I-485 application. We continue to urge I-485 applicants to apply for the VisaScreen as soon as possible as it may take several months or longer to obtain it. This affirmation of policy should be welcome news for health care professionals who are subject to the VisaScreen requirement.
Again, fresh from www.murthy.com VOL. IX, no. 49 - December 2003, week 1
