What happens at an I-485 Interview based on Employment

In this video attorney Jacob Sapochnick discusses what happens at an employment-based green card interview. Employment-based green card interviews became mandatory pursuant to USCIS policy in March of 2017.

It was not until the President issued an executive order on March 6, 2017 that USCIS began to require in person interviews for employment-based green card applicants.

The President’s executive order broke the agency’s long-standing policy of waiving in-person interviews for employment-based green card applicants, who were previously considered low risk applicants.

In keeping with the executive order, all applicants who have filed for adjustment of status, on or after March 6, 2017, on the basis of employment, must attend an in-person interview with USCIS. Derivative family members must also be present at the interview.

Employment-based adjustment of status is where an individual qualifies to apply for permanent residence based on an underlying employment visa category such as EB-2 or where the foreign national has an approved National Interest Waiver.

What happens during these interviews?

At the interview, the immigration officer will review the foreign national’s job description as it appears on the original Form I-140, to determine whether the applicant is still doing the same work or whether there has been a significant change in employment.

If the applicant is no longer working in the same or a similar position, the applicant must explain why.

Immigration officers are also closely scrutinizing federal income tax returns filed by applicants to determine whether the foreign national has engaged in unauthorized employment. Engaging in unauthorized employment will likely result in a denial of the adjustment of status application.

National Interest Waiver

In the case of adjustment of status based on an approved national interest waiver, the immigration officer will want to know whether the applicant has done what they promised to do in keeping with the original Form I-140 to ensure that the applicant has not engaged in fraud to obtain immigration benefits.

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