For nearly 20 years, USCIS has waived the requirement for in-person interviews with most employment-based I-485 (Green Card) applicants.  However, beginning October 2, 2017, in-person interviews are now required for all employment-based applicants for permanent residence whose I-485 applications were received at USCIS after March 6, 2017.  This policy change relates to President Trump's March 6 Executive Order, "Protecting the Nation From Foreign Terrorist Entry Into the United States."  Please see our News Flash for additional information, and note that this information differs from the information sent to our clients on September 29 based on updated information from USCIS.

On September 1, the Department of State updated a section of the Foreign Affairs Manual, which provides guidance to U.S. Consulates and Embassies regarding visa application adjudication (among other things). The updated guidance addresses activities that indicate a violation of status or conduct inconsistent with status that give rise to a presumption of misrepresentation if the conduct occurs within 90 days of entry. Such a finding could result in a ground for inadmissibility in the future. This change will primarily impact individuals entering the country on visa waiver or visitor visas, but will also make it more difficult for holders of other visas (e.g. H-1B, L-1)  to "clean up" status violations by leaving the U.S. and making a "clean entry". 

Examples of conduct identified as inconsistent with status include: working without authorization; enrolling in a full course of study while not in student status; and marrying a U.S. citizen and taking up residence in the U.S., but not applying for permanent residence. While these actions may constitute a violation of someone's status in the U.S., such conduct can now result in a finding of willful misrepresentation by a U.S. Consulate, which results in a bar from re-entering the United States. Under the prior rule, DOS only presumed willful misrepresentation if such actions occurred within 30 days of entry. 

As of now, USCIS has not indicated that it intends to institute a similar policy. If it were to do so, this could prevent individuals from changing their status once in the U.S. if, for instance, someone on a visitor's visa obtained a job offer and wanted to change status to H-1B. RSST Law Group will closely monitor USCIS policy guidance on this issue.  

Following are the relevant Visa Bulletin Final Action Dates for October 2017 (i.e. dates that allow an application to be adjudicated):