Wondering How the New Employment-based Adjustment of Status Interview Requirement Will Affect You?

On August 28, USCIS announced that there will be a new requirement for in-person interviews for employment-based Adjustment of Status cases that were filed after March 6, 2017. This new requirement will be effective starting October 1.

Since the 1990s, most of the employment-based Adjustment of Status cases have been adjudicated without interviews. This new requirement was made in reaction to the president’s Executive Order titled “Protecting the Nation from Foreign Terrorist Entry into the U.S.” and also to further improve the detection and prevention of fraud.

We have participated in several meetings, conferences, and seminars to help us and our clients prepare for this initiative. Below are some of key takeaways.

Processing times are going to increase.

Processing times will most likely increase for employment and family-based Adjustment of Status cases and also for naturalization cases.

Adjustment of Status interviews are expected to be longer.

A new Form I-485 was recently released. The form is now 18 pages long, and its instructions are 42 pages. Because of the length of the form and the very detailed questions, interviews are expected to be longer.

The waiting time for interviews will increase.

Additionally, certain offices will see much larger volumes than other offices, which will result in greater local differences in processing times.

If you are an employment-based Adjustment of Status applicant, be prepared to answer questions regarding your I-140 application, including your workplace, your job duties, and information on your experience and education.