New USCIS Policy:  I-485 Employment-Based Interviews

USCIS announced that effective October 1, 2017, they will require in-person interviews for employment-based (EB) applicants who filed Form I-485 applications for adjustment of status (AOS).

Previously USCIS would adjudicate employment-based (EB) I-485 applications at the Service Centers without in-person interviews.  Due to Immigration’s efforts to comply with Executive Order 13780, “Protecting the Nation from Foreign Terrorist Entry into the United States,” all EB adjustment applications will now be scheduled for in-person interviews at local field offices.

On September 28, 2017, the USCIS Ombudsman’s Office held a teleconference with USCIS to discuss this new policy.  Here were some of the items discussed:

• All EB I-485 cases based on an approved I-140 petition in the EB-1, EB-2 or EB-3 categories will be scheduled for an interview if the AOS was filed after March 6, 2017.
• Some EB I-485 cases filed after March 6, 2017, might still be approved until the new policy is fully enacted.
• The purpose of the interview is to confirm documentation and information in the approved I-140 petition so applicants must be able to adequately describe their employment, job duties and how they meet the experience and/or education requirements.
• Officers assigned to EB I-485 interviews have received training on these cases but many will not have extensive experience as their routine experience has been in family-based AOS and naturalization interviews.
• Despite optimistic statements that USCIS will adjust staffing as needed, it’s expected the increased number of interviews will lengthen processing times for all types of I-485 applications.

Be assured that when your appointment is scheduled, our Immigration team will help you prepare for the interview.  Contact Robin L.H. Vermette, Immigration Paralegal, Paula Violo, Immigration Paralegal, pviolo@orr-reno.com; Attorney Julie Morse, jmorse@orrr-reno.com.

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