s*******e
发帖数: 81 | 1 Source: Fragomen Global LLP & Affiliates
Update - Employment-Based Adjustment Interviews: What Foreign Nationals Need
to Know
December 14, 2017
Executive Summary
Personal interviews for employment-based adjustment applicants began on
October 1, 2017 for those whose cases were filed on or after March 6, 2017.
Adjustment applicants who are called for an interview should be prepared to
answer questions about their background, employment and qualifications and
to provide application documentation if requested.
Since October 1, 2017, U.S. Citizenship and Immigration Services (USCIS) has
required applicants for employment-based adjustment of status to attend a
personal interview before their green card case can be processed to
completion.
The interview requirement is part of the agency's compliance with President
Trump's March 6 executive order on protection of the United States from
terrorist activities. That order directs federal agencies to implement
uniform screening and vetting standards for all immigration programs.
Interviews for employment-based adjustment applicants are not new, but USCIS
had a longstanding policy of waiving them for most, recognizing that
employment-based applicants posed few security risks.
The following are Fragomen's updated answers to frequently asked questions
about what to expect in an employment-based adjustment interview, based on
the firm's participation in USCIS stakeholder meetings and observations
during the initial months of the employment-based adjustment interview
rollout.
1. Who will be interviewed?
If your employment-based adjustment application was filed on or after March
6, 2017, USCIS will interview you and any family members applying for
adjustment with you.
If your application was filed before March 6, 2017, you could be called for
an interview if there is an issue that may affect your eligibility to adjust
status, such as an arrest or conviction. This is consistent with USCIS's
previous interview policy for employment-based adjustment applicants.
2. Will my family members be interviewed?
Yes, if you are required to be interviewed, your derivative family members
will also be interviewed.
If you and your family members filed your adjustment applications at the
same time, USCIS will likely interview you as a group, though spouses may be
interviewed separately in an adjacent timeslot. If one of your family
members' applications is delayed, that family member's interview may be
scheduled for a different day.
3. Must minor children appear for a personal interview?
Your children under the age of 21 are subject to the interview requirement.
USCIS has the option to waive an interview for applicants who are under 14
years of age. Waivers are granted on a case-by-case basis.
4. Does the interview requirement change the adjustment application process?
Yes. Though the I-140 and adjustment application will still be filed in the
same manner, your case will be adjudicated in two parts. The I-140 petition
is adjudicated by a USCIS Service Center. Your adjustment application is
adjudicated by the local USCIS field office with jurisdiction over your
place of residence.
After the I-140 petition is approved, the Service Center sends your
adjustment package to USCIS's National Benefits Center (NBC). The NBC
reviews your application to make sure there is no missing information or
documentation. If your application is not complete, the NBC will send you a
request to provide the missing information or documents. The NBC will not
provide updates regarding your application process during this phase. You
should not send unsolicited documents to the NBC or the Service Center
during this period; additional documents should only be sent in response to
an agency request.
Once your application package is complete and your priority date is current,
the NBC will send you an interview notice and forward your application to
the appropriate USCIS field office. Family members who applied with you will
each receive their own interview notice.
5. When will my interview take place?
USCIS plans to set a date for the adjustment interview once the I-140 is
approved and the applicant's priority date is current, though some
applicants may be scheduled for an interview before that time.
However, because the interview requirement will significantly increase the
workload at USCIS field offices, there may be a delay of several months or
more between the filing of your adjustment application and the date of your
interview. A federal hiring freeze and union work rules mean that USCIS
cannot hire additional officers or increase the case load of existing
officers to handle the new workload. Though wait times cannot be predicted
with certainty, senior officials at local USCIS offices predict that
interviews could be scheduled as long as 12 to 18 months after the
adjustment application is filed.
6. Can I submit my I-693 Report of Medical Examination at the interview?
Yes. Though you may schedule your green card medical examination and submit
Form I-693 at any time before your adjustment application is adjudicated,
you should wait until USCIS asks for it in a request for evidence or an
interview notice. Form I-693 medical reports must be submitted to USCIS
within a year of completion and will remain valid for one year from the date
of submission; if you have your medical exam and file your I-693 early in
the adjustment process, you may need to undergo another exam later on.
7. What should I bring to my interview?
Your interview notice will include a list of documents to bring, which may
include:
All current and previous passports in your possession that contain any U.S.
visa stamps and/or entry and exit stamps
Your current I-94 record
Another form of photo identification, such as a driver's license
Your original birth certificate
Your Employment Authorization Document (EAD) and advance parole (AP) or your
combination EAD/AP card
Proof that you have continuously maintained nonimmigrant status (e.g. visa
stamps, I-797 approval notices, I-20s, etc.)
Your original I-140 approval notice, if available
A letter from the sponsoring employer confirming your job offer and job
duties and a completed, signed USCIS Form I-485, Supplement J, Confirmation
of Bona Fide Job Offer or Request for Job Portability
Letters confirming your previous employment
Photocopies of diplomas, transcripts and other relevant educational
documents
Last two months of pay stubs
Last three years of tax transcripts (transcripts can be ordered from the
Internal Revenue Service)
An up-to-date medical examination report completed by a USCIS-authorized
physician, if you did not provide one with your application or more than a
year has elapsed since your original medical exam was submitted
If you have ever been arrested or convicted of a crime, an original final
disposition document or a
court-certified copy
Documents in a language other than English must be accompanied by a
certified English translation.
The list of suggested documents may include items that are not applicable to
your case type. You are not required to bring those. If you have any
questions about the documents requested in your interview notice, contact
your designated Fragomen professional.
8. What questions will I be asked?
During the interview, a USCIS officer will review your adjustment
application to determine your eligibility to adjust status. The officer will
also review the evidence and documents supporting your employer's I-140
petition to ensure that they are genuine. You may be asked about:
Where you will work
The duties and salary of the position outlined in the I-140 petition (which
may be different from your current position)
Your educational background
Details about previous employment that qualified you for the position
outlined in the I-140 petition
The biographical information you provided in your adjustment application
Whether the sponsoring employer still intends to employ you in the job
outlined in the I-140
Whether you still intend to take up the job described in the I-140 or
whether you have changed jobs pursuant to adjustment portability rules
If you have accepted new employment that is different from the position
outlined in the I-140 petition, you will likely be asked about the details
of your new position to determine if the role meets the requirements for
portability.
9. What questions will my spouse and other family members be asked? What
documents should they bring?
When your family members are interviewed, they will be asked about their
relationship to you and their eligibility to adjust status. Your spouse may
be asked specific questions about the job for which you are being sponsored,
where you work, your educational background and the work experience that
qualified you for the sponsored role. Your spouse will also be asked about
your relationship and your history together in order to determine the bona
fides of your marriage.
The interview notice will contain a list of documents your dependents must
bring, which may include:
Original birth certificates for your spouse and children
All current and previous passports in each family member's possession that
contain any U.S. visa stamps and/or entry and exit stamps
Each family member's current I-94 record
A valid passport and I-94 for each family member, as well as an additional
form of identification
Proof that each family member has continuously maintained nonimmigrant
status (e.g. visa stamps, I-797 approval notices, I-20s, etc.)
Original marriage certificate
Original divorce decrees or death certificates, to demonstrate the
dissolution of your or your spouse's prior marriage(s), if any
Other evidence to demonstrate your spousal relationship, such as joint bank
account statements,
bills or letters addressed to you both, photographs, property deeds or
leases, and similar document
USCIS approval notices and any other nonimmigrant documents for each family
member, to demonstrate maintenance of status
Employment Authorization Document (EAD) and advance parole (AP) or
combination EAD/AP card for each family member, if applicable
An up-to-date medical examination report completed by a USCIS-authorized
physician, if not provided with the adjustment application or if more than a
year has elapsed since the exam report was submitted
If your spouse or child has ever been arrested or convicted of a crime, an
original final disposition
document or a court-certified copy
Documents in a language other than English must be accompanied by a
certified English translation.
10. After my interview, when will USCIS make a decision on my application?
After an interview, USCIS has 120 days to issue a decision. However, if
there are no outstanding questions or missing evidence, and the priority
date is current, most cases are decided in 30 to 60 days after the interview
.
If further information or evidence is needed, the officer will issue a
request for evidence and ask you to respond within a set period of time.
11. Am I permitted to have an attorney with me at the interview?
Yes, attorneys are permitted at adjustment interviews. Because the mandatory
employment-based interview process is new, attending the interview with an
attorney is recommended. If you wish to have legal counsel at your interview
, please contact your Fragomen professional.
12. Will the employment-based interview requirement affect p rocessing times
for other cases requiring an interview?
Yes, the increased workload at USCIS field offices coupled with a federal
hiring freeze and union work rules that prohibit USCIS from increasing the
case load of existing officers is expected lead to longer wait times for
family-based adjustment applications and naturalization applications, which
also require interviews. | x*******3
发帖数: 637 | | w********i
发帖数: 1721 | 3 senior officials at local USCIS offices predict that
interviews could be scheduled as long as 12 to 18 months after the
adjustment application is filed.
顺便问候一下川粉儿们。nm | w********i
发帖数: 1721 | 4 能不能确认下面试是不是要这么久，要是的话是不是早点收表啊，不会一年不批卡吧？
: senior officials at local USCIS offices predict that
: interviews could be scheduled as long as 12 to 18 months after the
: adjustment application is filed.
: 顺便问候一下川粉儿们。nm
【在 w********i 的大作中提到】
: senior officials at local USCIS offices predict that
: interviews could be scheduled as long as 12 to 18 months after the
: adjustment application is filed.
: 顺便问候一下川粉儿们。nm
| l**********U
发帖数: 41 | 5 " Though wait times cannot be predicted
with certainty, senior officials at local USCIS offices predict that
interviews could be scheduled as long as 12 to 18 months after the
adjustment application is filed. "
12 - 18 month !!!
"
Need
.
to
【在 s*******e 的大作中提到】
: Source: Fragomen Global LLP & Affiliates
: Update - Employment-Based Adjustment Interviews: What Foreign Nationals Need
: to Know
: December 14, 2017
: Executive Summary
: Personal interviews for employment-based adjustment applicants began on
: October 1, 2017 for those whose cases were filed on or after March 6, 2017.
: Adjustment applicants who are called for an interview should be prepared to
: answer questions about their background, employment and qualifications and
: to provide application documentation if requested.
| S*****9
发帖数: 72 | 6 senior officials at local USCIS offices predict that
interviews could be scheduled as long as 12 to 18 months after the
adjustment application is filed.
顺便问候一下川粉儿们。cnm | H**********t
发帖数: 16 | 7 现在很多人还没current就收到面试通知了。有的面了，而且过了，但是还没current。
所以不一定会真的等这么久啦啦。12 - 18个月大概是特别保守的估计。
Good luck to all of us! | w********i
发帖数: 1721 | 8 刚开始可能还凑合，后面会越积越多，移民局的人肯定知道自己的处理能力。
: 现在很多人还没current就收到面试通知了。有的面了，而且过了，但是还没
current。
: 所以不一定会真的等这么久啦啦。12 - 18个月大概是特别保守的估计。
: Good luck to all of us!
【在 H**********t 的大作中提到】
: 现在很多人还没current就收到面试通知了。有的面了，而且过了，但是还没current。
: 所以不一定会真的等这么久啦啦。12 - 18个月大概是特别保守的估计。
: Good luck to all of us!
| w*****3
发帖数: 2 | | w******c
发帖数: 1 | 10 2. Will my family members be interviewed?
Yes, if you are required to be interviewed, your derivative family members
will also be interviewed.
夫妻中只有一人交了EB的485，另一个还没申绿卡，也要两个一起参加面试么？ | | | v********a
发帖数: 646 | 11 床铺会在今后很长一段时间内，提醒我们对共和党的痛苦记忆，虽然床铺不等于所有的
共和党人。 | g*******m
发帖数: 999 | | d****s
发帖数: 112 | 13 为什么不一起交485？！
不交485当然不会被要求面试，人家根本不认识你呀。
【在 w******c 的大作中提到】
: 2. Will my family members be interviewed?
: Yes, if you are required to be interviewed, your derivative family members
: will also be interviewed.
: 夫妻中只有一人交了EB的485，另一个还没申绿卡，也要两个一起参加面试么？
| x***4
发帖数: 1815 | 14 看看税改就知道共和党是什么一回事了。
希望2018年能看到新希望。
【在 v********a 的大作中提到】
: 床铺会在今后很长一段时间内，提醒我们对共和党的痛苦记忆，虽然床铺不等于所有的
: 共和党人。
| f****f
发帖数: 46 | 15 这个local office是你自己选的还是他们定的？会不会湾区上班要18个月，有人在
Kansas就只要两个月？ | j******g
发帖数: 1428 | | X**J
发帖数: 466 | |
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