On September 28, 2017 the Office of the CIS Ombudsman hosted a stakeholder call, featuring Associate Director of the USCIS Field Operations Directorate, Dan Renaud, to discuss the implementation of the new interview requirement for employment-based adjustment of status applicants. The government has begun rolling out the interview requirement nationwide, with interviews starting on October 2, 2017. The goal with employment-based cases continues to be to ensure that the maximum number of visas are allotted each fiscal year.
With regards to those applicants who have cases currently pending, USCIS indicated that cases filed before March 6, 2017 will be adjudicated at USCIS Service Centers under prior procedures. Approximately 5 to 10 percent of employment-based cases have been subject to interview previously, so the odds of an interview for applicants who applied prior to March 6 remain low. However, all employment-based adjustment of status cases where the underlying petition is a Form I-140 filed on or after March 6, 2017, will be subject to an interview (this date coincides with Executive Order 13780 “Protecting the Nation From Foreign Terrorist Entry Into the United States.”)
Generally every employment-based principal and derivative will be required to appear for an interview. USCIS will consider waiving the interview in cases where the applicant is under the age of 14. USCIS will endeavor to schedule family groups together, as long as they file their applications at the same time. Similar to the experience of Family-Based applicants, Employment-Based applicants can expect to be asked any question relating to the I-485. USCIS wants to be sure that it has accurate answers to questions regarding admissibility and eligibility. In addition, the applicant will be asked to explain where they work, what they will be doing, their educational background and experience.
Dayzad Law has years of experience preparing applicants for these types of interviews and questions. As we learn more information and details regarding the process for Employment-Based interviews, we will continue to share it with our clients. Meanwhile, we will continue to ensure that all of our clients are adequately prepared for these interviews and any new changes in Immigration law.