United States Citizenship and Immigration Services Removed 60 day rule for medical exams
Noncitizens applying for certain immigration benefits while in the United States must use medical Form I-693 to show they are free from any conditions that would render them inadmissible under the health-related grounds. (AILA) Currently, United States Citizenship and Immigration Service USCIS considers a Form I-693 to retain its validity for 2 years after the date the civil surgeon signed the form as long as the date of the civil surgeon’s signature is no more than 60 days before the applicant filed the application for the underlying immigration benefit. This is commonly referred to as the “60-day rule.”
Due to the COVID-19 pandemic and ongoing related processing delays, USCIS has experienced delays in all aspects of operations. Applicants have also experienced difficulties beyond their control, including delays with completing the immigration medical examination. In response, USCIS has temporarily waived the requirement that the civil surgeon sign Form I-693 no more than 60 days before the applicant files the underlying application since December 9, 2021.
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. While the 60-day rule was intended to enhance operational efficiency and reduce the need to request updated Forms I-693 from applicants, in practice these efficiencies have not been realized.
This guidance, contained in Volume 8 of the Policy Manual, is effective immediately and applies to all Forms I-693 associated with applications for underlying immigration benefits pending as of March 31, 2023.
Volume 8: Admissibility, Part B, Health-Related Grounds of Inadmissibility, Chapter 4, Review of Medical Examination Documentation