The medical examination and vaccination records of EB-5 investors who have an ongoing I-485 petition to adjust their U.S. immigration status since Nov. 1, 2023, will remain valid, according to a recent update from USCIS.
This medical information is submitted through Form I-693, which accompanies the I-485 filing. It serves as proof that the investor is free from health-related issues that might impact their admission into the country. A qualified U.S. civil surgeon must sign it.
However, if an EB-5 applicant had their adjustment of status denied or withdrawn since that date and decides to submit a new I-485 form, they will need to submit a new I-693 along with it. This means they cannot use the Form I-693 submitted with their previous adjustment of status petition, even if their health status remains unchanged.
Why did the USCIS change the conditions of the I-693 form for EB-5?
This update reverses a USCIS announcement made on Apr. 4, 2024, which stated that a correctly completed and signed Form I-693 would be valid indefinitely.
That policy allowed applicants to use the same form for any other U.S. immigration application, not just the one for which it was originally submitted. USCIS has determined that this policy was overly broad and could pose potential public health risks.
What is an immigration medical examination, and why is it important for EB-5 investors?
The USCIS’ update aims to ensure that EB-5 applicants receive timely medical evaluations. Like many other U.S. immigration visas, investors must undergo a medical examination to confirm they are not inadmissible on health-related grounds to obtain a U.S. visa.
The USCIS policy update also noted that immigration officers have the discretion to request additional evidence or a new Form I-693 if they believe the medical condition has changed or if the form does not accurately represent the applicant’s current medical status.
USCIS officials may revoke a physician’s designation as a civil surgeon if the professional fails to comply with the technical instructions when filing Form I-693 or does not consistently fulfill their responsibilities. Grounds for revocation also include knowingly falsifying documents or information or concealing significant facts about the applicant’s health situation.
Although similar to a regular medical examination, this exam is mandatory for immigration purposes. It includes requirements mandated by the U.S. government, such as vaccinations, screening for infectious diseases, and completing the form. The physician must adhere to the guidelines provided by USCIS and the Department of State when conducting the examination.
The cost and time required for a civil surgeon to perform the examination and sign Form I-693 can vary depending on the medical professional and location.
Situation for EB-5 investors who apply from their home country
Foreign investors applying for their EB-5 visa from outside the U.S. must also submit a medical examination and vaccination record as part of their documentation. This information is presented after their I-526 petition is approved and once their DS-260 online application for an immigrant visa has been processed, and before their visa interview at the U.S. embassy or consulate.
Unlike applicants adjusting their status in the U.S., those applying from abroad must have their medical examination signed by a designated U.S. panel physician rather than a U.S. civil surgeon.
The Department of State designates these panel physicians outside the United States, who are typically contacted through the visa section of the U.S. Embassy or Consulate.
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