What to Expect: Employment-Based Adjustment of Status (AOS) Interview

By: Melissa Chan

As of October 2, 2017, certain foreign nationals and their dependents are required to interview with USCIS before adjusting status to an employment-based green card. These interviews are required for EB-1, EB-2, and EB-3 green card categories.

Once a Form I-485 has been filed for the foreign national, they will receive a notice in the mail with the date and time of their Adjustment of Status (AOS) interview. Family members will also be required to interview. If interviews are on the same date but at different times, all family members must be present for the earliest appointment time.

The interviewing USCIS officer may ask questions related to:

• Any information listed or requested on Form I-485
• The foreign national's eligibility for EB-1, EB-2, or EB-3
• Admissibility: Are there any arrests on the foreign national's record? Any misleading information presented?
• The foreign national's educational background
• The sponsoring job and its duties

We recommend that foreign nationals keep the following in mind when preparing for an employment-based AOS interview.

1. Review each appointment notice carefully for location, date and time, and applicable documents to bring to the interview.
2. Check out the interview site in advance by noting down the travel time, adjust if for peak traffic hours and location of nearby parking facility.
3. If the entire family has their interview scheduled on the same date BUT different times, all must arrive for the earliest scheduled appointment.
4. Arrive early for the interview to allow time to go through security check and have a brief rest period before the interview.
5. Clip the AOS interview notices together to let the interview officer know interviewees are family members and would like to be interviewed together and place it in window/location as indicated by the district office.
6. Family may be interviewed together OR separate, and the interview may be recorded.
7. USCIS may waive interviews for children aged 14 or younger.
8. For all Employment-based Adjustment of Status applicants, please inform your immigration attorney of any material changes to your employment in the US from the approved I-140 immigration visa petition (a. k. a. I-140/Green Card job offer), such as:
   1. Transfer to a new employer or payroll entity
   2. Change in job title, duties, or responsibilities
      • Exception: where the applicant advances under normal career progression within the same vertical (occupation)
   3. Change from full-time to part-time (or vice versa)
   4.  Corporate mergers, acquisitions, name change, FEIN change, or other similar restructuring
   5. Reduction in salary
   6. Termination of employment

Please note this article is for general reference only. Each USCIS office may execute the interview per its own protocol.

Contact us at info@chugh.com for more information on adjusting status or preparing for your AOS interview.