Beginning October 2, 2017, all I-140-based adjustment of status applicants will be required to appear for an in-person interview at a USCIS Field Office. On September 28, 2017, the Office of the CIS Ombudsman held a stakeholder call featuring Daniel Renaud, Associate Director of the USCIS Field Operations Directorate, who explained the purpose of the new requirement and provided information that will be of assistance in preparing clients for interviews.

Who will be interviewed?

All individuals who filed I-140-based adjustment of status applications on or after March 6, 2017 (the date the President signed Executive Order 13780 “Protecting the Nation from Foreign Terrorist Entry in the United States”) will be interviewed. USCIS may waive the interview for children under the age of 14, but all family members will receive individualized interview notices regardless of age. Consistent with prior practice, approximately 5 to 10 percent of individuals who filed adjustment applications prior to March 6, 2017, will be interviewed.

Once the I-140 is approved, how will the adjustment application be routed?

Adjustment of status applications with approved I-140s will be sent to the National Benefits Center (NBC), which will prepare the file for interview at a USCIS field office. With the goal of ensuring the case is ready for favorable adjudication at the field office, the NBC will issue a Request for Evidence (RFE) on the I-485, if needed.

Will the field officer re-adjudicate the underlying I-140 at the interview?

Associate Director Renaud clearly stated on the Ombudsman’s stakeholder call that I-140 petitions will continue to be adjudicated by USCIS service centers, and that field offices are not to re-adjudicate the petition. Field offices are directed to assess the validity of the supporting documents upon which the Service Center relied in approving the I-140, and to evaluate whether the evidence submitted to support the petition was accurate, bona fide, and credible. The applicant will be asked to explain where they will work, what they are going to do, and their educational background and experience. USCIS will also confirm that the employer still intends to employ the applicant and that the applicant still intends to take up employment. If the field officer finds the evidence does not support the approval, he or she must send it and all associated I-485s back to the Service Center with a recommendation to revoke the I-140.

How will USCIS field officers adjudicate the I-485?

USCIS asserts that all field officers have been trained to interview and adjudicate employment-based adjustment of status applications. On the Ombudsman’s stakeholder call, USCIS advised that adjustment applicants should expect to be asked any question relating to admissibility and adjustment eligibility. In addition, family members of the principal applicant should expect questions regarding their relationship to the principal and should be prepared to establish the bona fide nature of that relationship.

We are available to represent Employment Based Adjustment of Status Applicants in the following localities: San Diego County including San Diego, Carlsbad, and Escondido; Los Angeles County including Beverly Hills, Los Angeles, West Los Angeles, Burbank, Hollywood, Van Nuys, Whittier, Woodland Hills, and Long Beach; Santa Clara County including San Jose, Milpitas, Santa Clara, and Sunnyvale; Alameda County including Oakland, San Leandro, and Berkeley; Sacramento County including Sacramento, Elk Grove, and Folsom; and Orange County including Santa Ana and Anaheim.