You are currently viewing USCIS Removes COVID-19 Vaccine Requirement for Adjustment of Status Applicants
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  • Post category:Seyfarth Shaw LLP

By: Peace Ibe and Mia Batista

In a significant policy update, U.S. Citizenship and Immigration Services (USCIS) has officially waived the COVID-19 vaccination requirement for individuals applying for Adjustment of Status (AOS). Effective January 22, 2024, USCIS will no longer require applicants to receive the COVID-19 vaccine as part of the medical examination process conducted by designated civil surgeons. This decision aligns with the Centers for Disease Control and Prevention’s (CDC) recent updates to its technical instructions for civil surgeons, which no longer include the COVID-19 vaccine among the mandatory immunizations for immigration purposes.

Background on the COVID-19 Vaccine Requirement

Since October 1, 2021, applicants for lawful permanent residence (green card applicants) have been required to receive the COVID-19 vaccine as part of the medical examination process before USCIS will approve their applications. The policy aimed to curb the spread of COVID-19 and ensure public health protection in the immigration process. However, with evolving scientific understanding and the CDC’s revised guidance, USCIS has removed this requirement.

What This Means for Adjustment of Status Applicants

With the removal of the COVID-19 vaccine requirement, applicants undergoing medical examinations for AOS no longer need to provide proof of vaccination against the virus. This update streamlines the process for applicants and reduces potential delays in securing vaccine documentation. Importantly, all other vaccination requirements under the Immigration and Nationality Act (INA) remain unchanged, and applicants must still comply with all other mandatory immunization requirements, including vaccines for measles, mumps, rubella, and other communicable diseases as determined by the CDC.

Impact on Pending and Future Applications

For applicants who have already submitted Form I-693, Report of Medical Examination and Vaccination Record, their applications will proceed without USCIS considering COVID-19 vaccination status. Those who have pending applications and have not yet completed their medical examination will not be required to obtain the COVID-19 vaccine. However, applicants should ensure they meet all remaining vaccination requirements outlined by USCIS and the CDC.

Key Takeaways

  1. The COVID-19 vaccine is no longer required for AOS applicants. Effective January 22, 2024, USCIS has waived the requirement in accordance with CDC guidance.
  2. There will be no impact on other required vaccinations. Applicants must still comply with all other vaccination mandates as outlined by the CDC.
  3. Pending applications unaffected – Applicants who previously submitted medical exams with or without the COVID-19 vaccine requirement do not need further action.
  4. Future applicants can proceed without COVID-19 vaccination proof – New applicants for Adjustment of Status no longer need to demonstrate COVID-19 vaccination compliance when completing Form I-693.

Final Thoughts

This policy change marks a shift in USCIS’s approach to public health-related immigration requirements, reflecting the evolving nature of pandemic response policies. While removing the COVID-19 vaccine requirement eases the application process for many, applicants should remain aware of all other medical and vaccination requirements. As always, those seeking Adjustment of Status should stay informed about the latest USCIS updates and consult an experienced immigration attorney to ensure compliance with all necessary procedures.

For more details, visit the official USCIS announcement and vaccination requirements.

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