18 October 2017
Category News Room
18 October 2017,
 0

Employment-Based AOS Interviews – New Details Emerge

As we announced previously, USCIS confirmed by memo on August 28, 2017 that all employment-based AOS applicants will now be subject to an in-person interview. This policy has been on the books for decades, but was waived more than 99% of the time for employment-based adjustment applicants, until now. This announcement came with very little detail as to who would be affected, what the process will look like, and what the interviews will entail. However, now that employment-based AOS interviews have officially started taking place, some of these details are starting to emerge. Below is a summary of what we know thus far.

Who will require an interview:

  • All employment-based AOS applications filed on or after March 6, 2017 will require an interview.
  • Dependents of the principal applicant will also be subject to an interview. Each applicant will receive their own interview notice, but family groups will be scheduled together, when possible, and USCIS will consider waiving the interview for applicants under age 14.

What the process will look like:

  • Once the I-140 is approved, the case is sent to the National Benefits Center (NBC) for pre-processing, at which point the applicant will receive a Transfer Notice by mail.
  • Upon finding the case to be “interview ready,” the NBC will schedule the interview and send the case to the field office where the interview will take place. Applicants will receive an Interview Notice approximately 30 days prior to the scheduled interview, but the NBC will not issue a separate notice of the transfer of the case to the field office.
  • If our firm filed your AOS application, we will receive a copy of the interview notice. At that time, we will contact you to set up a call to prepare you for the interview and answer any questions you may have.

What to expect at the interview:

  • All applicants will be asked to confirm their answers to the eligibility and admissibility questions on the Form I-485.
  • Principle applicants will be asked about where they work, what they do, and how they qualify for the position.
  • Dependents will be asked about their relationship to the principal applicant. For dependent spouses, officers should not question the bona fides of the marriage, but rather that a legal marriage exists.

We do expect the employment-based AOS process to now take longer as a result of the new interview requirement, and USCIS has identified roughly 10 major metro areas where they anticipate delays will occur given the volume of interviews expected.  We will continue to pay attention to how this process unfolds and update clients as we know more.

November Visa Bulletin

The November 2017 visa bulletin projections continue to show all EB-1 counties as current. In the EB-2 category, China progressed to June 15, 2013, while India proceeded to October 8, 2008. All other countries in the EB-2 category are current. As for the EB-3 category, China, India and the Philippines continue to be backlogged. For Chinese nationals, if your priority date is prior to February 1, 2014, you are now current. EB-3 India saw no movement, remaining at October 15, 2006, while the Philippines advanced to January 15, 2016.

In Case You Missed It

H-1B Premium Processing Reopens

Update on H-1B Lottery and USCIS Processing

USCIS to Examine Social Media Content for Security

Travel Ban Updates

Upcoming Immigration Webinar

YEAR IN REVIEW: IMMIGRATION CHANGES IN 2017

Feeling immigration whiplash? 2017 has been quite the year for change in immigration guidance and procedure – we’ll now take a pause and assess how these changes have unfolded, and discuss their impact. Managing Partner David Brown will also cover what we expect to see in 2018 and discuss how we plan for it.

11/16/17 @ 2pm EST / 1pm CST / 11am PST 
REGISTER HERE

** This newsletter/memo is provided for informational and discussion purposes only. It does not act as a substitute for direct legal contact on an individual basis **

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