Applying for an Employment Visa? Expect to be Interviewed – New Trump-Era Rule

​The United States Citizenship and Immigration Services (USCIS) announced this fall that in accordance with President Trump’s Executive Order issued on March 6, 2017, all applicants that filed an I-140 (Immigration Petition for Alien Worker) will be required to attend an interview. ​

Before this new rule, only 5 to 10% of applicants were interviewed. If on or after March 6, 2017, you filed for adjustment of status with an I-140 to obtain a work-based immigrant visa, you will be called in for an interview. If you included family members on the application, each person will receive an interview notice regardless of age. USCIS may decide to waive the interview requirement for children under 14.

At the interview, you can expect to be asked about the supporting evidence submitted. USCIS will be evaluating whether the evidence submitted was accurate, bona fide (truthful and real), and credible. USCIS will ask about your work qualifications; they will also assess the employer’s intention for your work and the scope of the intended employment.

USCIS officers will be giving application extra scrutiny. Therefore, it is critical to have an attorney present in case of substantial questioning. An attorney can help you prepare for the interview and let you know what to expect from the immigration officer’s questions. The immigration officer will be critically evaluating not only your I-140 petition, but also your adjustment of status application (I-485). You must be prepared to answer all possible questions related to the work visa application and your adjustment of status request. Furthermore, the officer may look into your immigration history for any misrepresentation or other issues.  

For more information on employment visas and other immigration topics, please visit our articles page. 
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Najmeh Mahmoudjafari, Esq.
Najmeh is the Founder and Lead Immigration Attorney at ImmigraTrust Law, an immigration law practice in Orange County, California, representing individual and corporate clients in all 50 U.S. States and internationally. Najmeh can be reached at [email protected].

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DISCLAIMER: This article is for general information purposes only. It is not intended and does not constitute legal advice. This article does not create an attorney/client relationship and does not provide an attorney/client privilege. For legal advice about your specific case, please contact an attorney.