As you know, the immigration service is now conducting interviews for employment based
green cards as well.
Do you wonder what's happening in those interviews?
Watch this video and I'll tell you more than.
Hello everybody.
My name is Jacob Sapochnick and I'm an Immigration Attorney based in San Diego, California.
We focus on employment based immigration heavily in my law practice.
In this video, I want to explain a little bit what happens at employment based green
card interviews.
Now, a mandatory requirements for all 45 adjustment interviews.
As you know in the past, only family-based, marriage based and any other adjustments based
on family required an interview where the officer would meet the family petitioners
and the beneficiaries at the immigration office to question the relationship, the family connection
and many things like that.
In the past year or so, the USCIS is now requiring interviews for 45 adjustment of status applications,
falling, employment based petitions.
For example, if we have an employee they filed for you an I-140 based on EB2 employments
based sponsorship, when the 45 gets adjudicated, they're now going to call you for an interview
to verify certain things.If you file a green card based on national interest waiver and
you're 45 adjustment of status is getting adjudicated, you will be called for an interview
by the USCIS service to question you about the case.
What actually happens in those interviews?
I've attended quite a few of those interviews since they started and we've seen the pattern
by the U.S. immigration officer depending on the kind of petition.
For example, if we are looking at an employment based petition based on EB2, so you have an
employer that filed a permit labor certification for you and then based on the perm, they filed
an I-140 immigrant petition, that I-140 petition has been approved and you're now at the final
stages of the 45, you call for an interview.
At that interview, they're going to be checking several things.
First of all, they're going to be looking at the job description.
Are you still doing exactly what he was supposed to be doing under the original I-140 or has
there been a significant change in employment?
It's really important to prepare for those interviews in that way.
If you now switching an employer or if you're working for a different company than the one
that sponsored you, you really have to prepare a documents to show that you are in the same
or similar position or and if not, explain why.
These are some of the things that I've seen them.
They've been checking.
They've also been looking at some of the tax returns.
If you are supposed to be working for a company but then you started a business on the side,
maybe an Amazon business or something else and you have a scheduled C, it is really important
to look at your tax returns before you go to the interview because any of unauthorized
employment while you are working for your employer while you went through that green
card process can result in a denial.
For example, we had a case where somebody will file the green card as an engineer and
they're working for a large software company.
At the time of the interview, the officer wanted to look at the tax returns of our client.
This particular client, I know and to me, also was an investor in a restaurant.
He was actually active investor in the restaurant and that was reflected on his tax return.
As a result, the officer was concerned that this particular applicant was engaged in unlawful
employment while going through the green card process.
That resulted in a very substantial request for evidence and we have to show that he wasn't
really working in this company.
It was just a silent investor and eventually we were able to save the case.
Those are some of the things they're looking for.
Another example of a national interest waiver case where somebody filed for a green card
on their own and the immigration service want to do know whether that person actually did
what they promised to do during the national interest waiver application.
Are they in fact working on the business?
Are they doing what they're doing?
Are they furthering the benefit of the application as they promised on the original I-140?
Those are some of the things we've seen happened.
They're looking for unlawful employment.
They're looking for unauthorized employment.
They're looking for any fraud that happened during the original I-140.
It's really important to prepare correctly for this interview.
Understand what was the original case you that you've done?
Maybe it's been several years since you filed and really, really be prepared for this interview.
Do not take them lightly because they are there to look for anything that can jeopardize
your case and result in a denial.
Really important to plan correctly for those interviews.
I don't know.
Those interviews resulted in employment cases taking much longer because now everybody is
required to attend an interview.
Be patient and wait for your turn and again, make sure that you really prepare for this
interview because, you have an I-140 has been approved.
Everything is good and you don't want to fail at the last step.
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that needs it right now.
Thanks for watching and we'll see you on the next video.