Higher Education Law Report
"Extreme Vetting" Comes to Fruition as USCIS Plans to Interview Employment-Based Permanent Residence Applicants
August 28, 2017
By: Joanna L. Silver
Last week, a spokesperson for the U.S. Citizenship and Immigration Services (USCIS) confirmed that in-person interviews will now be required for employment-based nonimmigrant visa holders (e.g., H-1B, O-1, etc.) applying to adjust their status to permanent residents (“green card” holders). Information currently available from the USCIS indicates that this interview requirement is expected to take effect on October 1, 2017. This mandate appears to be a result of the Trump administration’s plan to apply “extreme vetting” to immigrants and visitors traveling to the U.S.
Traditionally, employment-based adjustment of status applicants have not been interviewed as part of the process, unless deemed necessary by the government. The interview mandate will most likely lengthen the processing times for green card applications as approximately 130,000 employment-based applications are filed annually with the USCIS. Currently, the USCIS is taking more than 6 months to process employment-based green card applications at its various service centers throughout the United States.
There is no word on where the USCIS intends to conduct interviews pursuant to this mandate. We will provide updates as additional information becomes available.