Should I-693 Medical Exams be Submitted with the Initial Employment-based I-485 Adjustment of Status Filing?

Our recent U.S. Citizenship and Immigration Service (“USCIS”) processing times reports indicate that employment-based I-485 adjustment of status (“AOS”) applications are taking over a year to adjudicate.   The new requirement for in-person interview for certain I-485 cases will likely add to the processing time of a case.    At the same time, the required I-693 medical exams are valid for two years (policy changed November 1, 2018) for medicals signed before November 1, 2023 and indefinitely (policy changed April 4, 2024) for medicals signed after November 1, 2023.

For most long-pending I-485 applications, the medical exams would have a 2-year validity term and many I-693 medical exams which may have been valid at the time of filing would very likely have expired by the time the I-485 AOS application is due to be adjudicated, likely resulting in an additional request for updated I-693 medicals.    This article seeks to provide guidance and best practices for submitting I-693 medical exams for employment-based I-485 filings.

Must I-693 medical exams be submitted with the initial I-485 filing?

The short answer is, NO.     USCIS policy requires only that the medical exam be submitted any time prior to adjudication.

What is the current best practice for including I-693 medical exams with employment I-485 filings? 

As a result of the current I-485 processing times being in excess of 12 months and with the introduction of a required interview for certain employment I-485 applications, it is very likely that for the foreseeable future I-485 applications will take more than 12, and in many cases more than 24 months to adjudicate.    This is also especially true for applicants from retrogressed countries such as India or China.    This makes it likely that an I-693 medical exam submitted as part of the initial I-485 filing (before November 1, 2023) will expire in two years and by the time the I-485 is to be adjudicated and this will result in an additional request for an updated I-693 medicals.

However, as a result of the April 4, 2024 policy change which made newer medical exams valid indefinitely,  for many new employment I-485 cases it is a good idea to consider filing the initial I-485 AOS application while including the I-693 medical exam.   This is especially true for cases where the priority date is likely to remain current for the foreseeable (near term) future.

Is it a good idea to include the I-693 medical exams with the initial I-485 filing?

Yes, especially for new I-485 applications with medicals signed after November 1, 2023.   Completing and including the I-693 medical exam proactively with the initial employment I-485 application is going to be much more beneficial for new I-485 applications.   For example, the I-693 medical exam process requires thorough vetting of prior medical and vaccination records.   For applicants who miss certain required vaccines, getting the I-693 medical exam cleared early in the process will help ensure that any subsequent additional medical exam would be relatively easier and faster to complete.

Conclusion

Each application and its circumstances are different so it is impossible to formulate a single recommendation which would apply equally well to all.    Our office weighs a number of factors when we consider whether to include I-693 medical exams proactively, but our general recommendation, especially after the April 2024 policy change making medicals exams valid indefinitely is to consider obtaining and including the medical exam with the initial filing.

Our office is happy and available to assist with I-485 questions or needs.  Please do not hesitate to contact us or consider our consultation options or request I-485 filing quote.  Also, please subscribe to our free weekly newsletter to ensure that you obtain this and related immigration-related news and announcements.