This is a written summary of the “USCIS Interview Tips for Employment Visas” YouTube session with Sam Shihab and Brian Burke, recorded August 4, 2025
Published August 5, 2025 / Last reviewed October 28, 2026
Update (October 28, 2026): We rewrote this summary as a full article. It now reflects two USCIS policy changes made after the video was recorded: Policy Memorandum PM-602-0199 (May 21, 2026) and Policy Alert PA-2026-05 (August 5, 2026).
Quick answer: Plan for an employment I-485 interview. USCIS generally requires an adjustment interview unless it waives it, and employment-based cases are not on the Policy Manual’s list of cases where officers may waive it. The officer checks your Form I-485 answers, your immigration history, your job offer, and whether you deserve a favorable exercise of discretion. Prepare by reviewing your past filings, knowing your job offer (and, in PERM cases, the job as the PERM describes it), and answering only what the officer asks.
Is an Employment I-485 Interview Required in 2026?
USCIS generally requires one unless it decides to waive it. The regulation at 8 CFR 245.6 says each applicant for adjustment of status “shall be interviewed by an immigration officer.” Adjustment of status means applying for a green card from inside the United States on Form I-485. The same regulation lets USCIS waive the interview for a child under 14, for an applicant who is clearly ineligible, or when USCIS decides an interview is unnecessary.
The USCIS Policy Manual chapter on adjustment interviews says officers decide waivers case by case. It lists the types of cases where officers may waive the interview. Employment-based cases are not on that list. USCIS removed them from the list in May 2018. The current list is below.
| Case types where officers may waive the interview | Condition |
|---|---|
| Applicants who are clearly ineligible | Ineligible under INA 245(c) or 8 CFR 245.1 |
| Unmarried children of U.S. citizens | Under 21 years of age, and filed alone or with family members who are all eligible for an interview waiver |
| Parents of U.S. citizens | None stated |
| Unmarried children of lawful permanent residents | Under 14 years of age, and filed alone or with family members who are all eligible for an interview waiver |
This list is not complete, and officers can still interview anyone on it. USCIS may also waive the interview in a category that is not listed, case by case. In our view, employment-based applicants should prepare as if the interview will happen, and we prepare every employment-based client that way. An unprepared applicant at an employment I-485 interview can lose years of progress, especially an applicant from a country with a long green card backlog.
What changed after this video was recorded?
Two USCIS policy changes after August 4, 2025 make preparation more important.
- May 21, 2026 discretion memo. USCIS issued Policy Memorandum PM-602-0199. Adjustment of status has always been discretionary under INA 245(a), which means an officer may deny a case even when you meet every legal requirement. The memo describes adjustment as “a matter of discretion and administrative grace” and “extraordinary” relief, and tells officers to weigh all relevant factors case by case. It does not say whether it applies to cases already pending, but practitioners expect USCIS to apply it to them.
- August 5, 2026 evidence policy. USCIS issued Policy Alert PA-2026-05 on evidence, Requests for Evidence (RFEs), and Notices of Intent to Deny (NOIDs). An RFE asks for more documents. A NOID warns that USCIS plans to deny. Under this policy, officers may deny some cases without sending an RFE or NOID first, and may set shorter response deadlines within the limits of the regulations.
These changes do not change who is eligible. In our view, they make your answers at the employment I-485 interview, and the record you leave behind, more important. Both policies are challenged in American Association of University Professors v. Mullin, No. 1:26-cv-14527 (D. Mass.), filed October 5, 2026. As of October 28, 2026, the docket shows no court order stopping USCIS from applying either policy.
What Does the Officer Check at an Employment I-485 Interview?
At an employment I-485 interview, the officer checks that your application is true, complete, and still current. The Policy Manual says the interview lets USCIS verify important information. The officer confirms that you understood the questions on Form I-485. The officer also lets you correct answers that were wrong or that have changed since you filed.
In our experience, a large part of an employment I-485 interview is a page-by-page review of Form I-485. The officer often starts with simple questions: your full name, date of birth, address, Social Security number, parents’ names, and employer. The officer then moves to harder topics:
- Your immigration history. Every visa, status, and petition since you first came to the United States.
- Your job offer. If your case requires a job offer, the job in your Form I-140 petition (and, in PERM cases, your labor certification), and whether the offer is still available to you.
- Your work experience. In PERM cases, the past employers, job titles, and supervisors listed in your PERM application.
- Admissibility questions. Your “Yes” or “No” answers to the eligibility questions on Form I-485.
- Discretionary factors. Facts showing whether you deserve a favorable decision, explained in the discretion section below.
How Should You Prepare for Your Employment I-485 Interview?
Start preparing for your employment I-485 interview as soon as you receive the interview notice. Good preparation has four parts: review your forms, review your history, know your job, and raise every concern with your attorney before the interview date.
Read your Form I-485 again, line by line
Before your employment I-485 interview, get a copy of the Form I-485 that was filed for you and read every answer. Mark anything that has changed, such as your address, employer, marital status, travel, or any arrest. Tell your attorney about each change before the interview. The officer can update changed answers at the interview, and you should re-sign the form when that happens.
Review your full immigration history
USCIS may review your prior filings and records from other government agencies, including filings you no longer have copies of. That can include H-1B petitions filed by your employer, extensions, work permit applications, and visa records. At an employment I-485 interview, your full history can come up. In one case in our office, an applicant who had held H-1B status for about 10 years was asked about a short period in student status many years earlier. Other applicants have been asked about the visa they used for their first H-1B petition.
If you had any gap in status or worked without permission, discuss it with your attorney well before the employment I-485 interview. Section 245(k) of the Immigration and Nationality Act (INA) excuses only three bars to adjustment, in INA 245(c)(2), (c)(7), and (c)(8), for qualifying employment-based applicants. It does not excuse other bars or grounds of inadmissibility. USCIS counts only violations after your most recent lawful admission, and they must total 180 days or less. Returning on advance parole is not a new lawful admission, and filing Form I-485 does not by itself authorize you to work.
Know your job as it is today and as listed on the PERM
PERM labor certification is the Department of Labor process that most EB-2 and EB-3 employers use before filing Form I-140. EB-1 and National Interest Waiver cases do not use it. If your case is based on a PERM, the application describes the offered job, your education, and your past work. On the approved Form ETA-9089 Final Determination, the foreign worker declares under penalty of perjury that he or she has read and reviewed Appendix A, which holds the worker’s information.
In a PERM case, you should know two things well: the job you do today, and the job as the PERM describes it. Be ready to explain the job duties, the job title, your past employers, your past job titles, and the names of your supervisors. In one interview in Chicago, the officer asked a client of ours for each of these. Many people cannot remember the title they held when they started a job 10 years ago. A wrong answer can look like an inconsistency.
The sponsored job is generally a job you will take after your green card is approved, so you do not need to hold it already. A difference between your current job and the offered job does not by itself require a portability request. If your case requires a job offer, USCIS uses Form I-485 Supplement J to confirm that the offer is still valid. The USCIS Supplement J page says USCIS may ask you to file it again before a final decision.
If you are moving to a new job, you can ask to port the case under INA 204(j) only after your I-485 has been pending 180 days or more, and only to a same or similar job. EB-1 extraordinary ability and National Interest Waiver applicants do not need a job offer. Our article on Supplement J timing explains when to file. Discuss any job change with your attorney before the employment I-485 interview.
Tell your attorney about every concern before the interview
Almost every case has some weak point that can surface at an employment I-485 interview. Problems often start when an applicant has a concern, assumes it is fine, and does not mention it to the attorney. Ask yourself: why might USCIS want to interview me? You know your own history better than anyone, so you are the person most likely to spot the issue. Bring that issue to your attorney while there is still time to prepare.
What documents should you bring to your employment I-485 interview?
Your employment I-485 interview notice comes first: bring everything it lists. The checklist below is what we usually recommend in addition. Bring originals and copies, organized so you can find each one quickly.
| Document | Why it helps |
|---|---|
| Interview notice and government-issued photo identification | Confirms your appointment and identity |
| All passports, Form I-94 records, work permit, and travel document | Shows your entries and status history |
| Copies of your Form I-485, Form I-140, and PERM application, if any | Lets you check answers against what USCIS has |
| Current employment letter, recent pay statements, and tax returns | Shows the job offer is real and current |
| Degree certificates and experience letters used for your I-140 or PERM | Supports the education and experience you claimed |
| Originals of birth and marriage certificates you submitted | Lets the officer compare originals with copies |
| Certified court records, including final dispositions, for any arrest, charge, or conviction | Shows how each matter ended |
How Should You Answer Questions at Your Employment I-485 Interview?
Answer the question the officer asks, truthfully and completely, and stop there. At an employment I-485 interview, the officer wants consistency between what you say and what your forms say. The officer also forms a view of your credibility, which means whether you appear honest and reliable.
- Match the answer to the question. A factual question, such as your date of birth, needs a short, exact answer. An open question, such as “Describe your job,” needs a full answer with the important details.
- Do not volunteer information the officer did not ask for. Extra information can lead the interview into new areas. This does not apply to correcting a wrong answer, which you should always do.
- Do not guess. If you do not know or do not remember, say so. A guess that differs from your signed forms can look like a false statement.
- Let the officer finish. Wait a moment before you answer, and do not speak over the officer.
- Show respect for the process. Dress professionally, keep eye contact, and address the officer politely.
The officer must decide your case on the law and the facts, not on whether the officer likes you. But officers are people. A calm, polite, and organized applicant makes a better impression than one who interrupts, rambles, or appears unprepared.
What if you give a wrong answer during the interview?
Correct it right away, during the same employment I-485 interview. Under the Policy Manual, a voluntary and timely retraction can prevent a false statement from making you inadmissible for fraud or willful misrepresentation. The correction must be made in the same proceeding and before the officer challenges the statement or its falsity is about to come out. A correction does not automatically remove every consequence, so timing and circumstances matter.
Can your attorney and an interpreter attend?
Yes. Your attorney may attend your employment I-485 interview with you. Under 8 CFR 292.5(b), a person in an examination before USCIS has the right to be represented by an attorney. If you need an interpreter, the Policy Manual says the interpreter must show valid government identification, sign an interpreter’s oath, and translate word for word. The officer can disqualify an interpreter who is not competent or who harms the integrity of the interview.
How Do Discretionary Factors Affect Your Employment I-485 Interview?
Meeting the legal requirements is not enough to guarantee approval. Adjustment of status has always been discretionary under INA 245(a), and the USCIS Policy Manual chapter on discretion (Volume 7, Part A, Chapter 10) places the burden on you to show that you deserve a favorable decision. At an employment I-485 interview, the officer weighs the positive and negative factors in your record and looks at the totality of the circumstances. The more serious the negative factors, the more positive factors you need to offset them.
| Factors that can help | Factors that can hurt |
|---|---|
| A stable employment history and skills that benefit a U.S. business | Long periods of unemployment |
| Years of lawful residence in the United States | Immigration violations or failure to follow the conditions of your status |
| Family and community ties in the United States | Fraud or false testimony with USCIS or any government agency |
| Good moral character and community standing | Criminal history |
How does the May 2026 memo apply to employment-based applicants?
For employment-based applicants maintaining H-1B or L-1 status, the memo expressly recognizes that seeking adjustment is consistent with their dual intent classification. It also says that maintaining lawful status in a dual intent category “is not sufficient, on its own,” to warrant a favorable exercise of discretion. At the employment I-485 interview, officers still weigh all the positive and negative factors in your record. The memo states that it does not remove officers’ discretion, and informal statements by officials to the press do not change that.
Does the memo matter if you have a criminal record?
Yes, in our view. The memo directs officers to weigh “the applicant’s moral character” and to decide whether you are “suitable for permanent residence” and whether approval is in the best interest of the United States. For applicants who did not follow the conditions of their admission or did not depart as expected, the memo says those adverse factors may need to be offset by “unusual or even outstanding equities,” and that “the absence of adverse factors, by itself,” does not show such equities. We expect officers to weigh criminal history with similar care.
The Policy Manual adds that USCIS generally does not favorably exercise discretion in certain cases involving violent or dangerous crimes. That does not mean every arrest or charge is treated the same way. If you have any arrest, charge, or conviction, review it with your attorney well before the employment I-485 interview and bring the required certified records, including final dispositions, and any appropriate evidence of rehabilitation.
How should you prepare for discretionary questions?
In our view, every employment-based applicant should be ready to show positive factors at the employment I-485 interview, not only eligibility. Bring evidence of continuous lawful status, your employment record, U.S. degrees, tax filings, and family and community ties. Be ready to explain any gap in status, unauthorized work, or earlier misstatement. Section 245(k) can remove certain bars to adjustment, but we expect officers may still weigh the underlying violations as a matter of discretion. If USCIS denies your case on discretion, the memo says the denial notice must explain the positive and negative factors considered and why the negative factors outweighed the positive ones.
What Should You Do After Your Employment I-485 Interview?
Take notes, follow up on any problem quickly, and watch for mail from USCIS. In our experience, most applicants can tell whether the employment I-485 interview went well or badly as they leave. There are exceptions.
- Ask about next steps. Before you leave the employment I-485 interview, you may ask the officer what will happen next. Many officers will only say that USCIS will notify you. Some will tell you whether they plan to approve or request more evidence.
- Write down what happened. As soon as you reach your car after the employment I-485 interview, write down each question, each answer, and any concern. USCIS keeps its own record, and your attorney needs an accurate account to advise you.
- Call your attorney about any mistake. If you realize later that you gave wrong information on an important point, your attorney may send USCIS a letter that corrects it. Send it by a method that proves delivery. A letter after the interview may not meet the timely retraction standard described above. It still creates a record of your correction.
- Respond fully and on time. If USCIS sends an RFE or NOID, read the deadline carefully. Under the August 2026 policy, the deadline may be shorter than in the past. Our guide to responding to a Request for Evidence or NOID explains the process.
If USCIS denies Form I-485, there is generally no appeal. Under 8 CFR 245.2(a)(5)(ii), an applicant who is not an arriving alien may renew the application if placed in removal proceedings before an immigration judge. A motion to reopen or reconsider may also be possible. Deadlines are short, so contact an attorney as soon as you receive the decision.
What Happens If You Miss Your Employment I-485 Interview?
USCIS can deny the application as abandoned. Under 8 CFR 103.2(b)(13)(ii), USCIS generally treats a case as abandoned when the applicant does not appear, unless USCIS received a change of address or a request to reschedule by the appointment time and accepts the reason. If you cannot attend your employment I-485 interview, ask to reschedule before the interview date and keep proof of the request.
Frequently Asked Questions
Will USCIS waive my employment I-485 interview?
USCIS may waive it, but you should not plan on a waiver. Employment-based cases are not on the Policy Manual’s waiver list, and USCIS decides waivers case by case.
Do I need to memorize my PERM labor certification?
No. If your case is based on a PERM, you do need to know it well for the employment I-485 interview: the job title, the main duties, your past employers and job titles, and your supervisors. You should also be able to explain any difference between the PERM job and the job you do today.
Can USCIS ask about my student status from years ago?
Yes. USCIS may review your prior filings, and past periods of status can come up at an employment I-485 interview. For INA 245(k), USCIS looks only at violations after your most recent lawful admission. Older history can still affect admissibility and discretion.
What if I do not remember the answer to a question?
If an officer at your employment I-485 interview asks something you cannot recall, say that you do not know or do not remember. Do not guess. A guess that conflicts with your signed forms can create a credibility problem that is harder to fix than a missing answer.
Does the May 2026 USCIS memo apply to my pending case?
The memo does not say whether it applies to cases already pending, but practitioners expect USCIS to apply it. It does not change eligibility. Keeping H-1B or L-1 status helps but is not enough on its own, so be ready to show positive factors. Ask your attorney whether your record shows any negative factors.
Talk to an Immigration Attorney About Your Employment I-485 Interview
How these rules apply depends on your immigration history, your job, and the field office that handles your case. Our attorneys prepare employment-based applicants for interviews across the country. For help with your employment-based green card, contact Shihab Burke Immigration Lawyers at immigrationvisaattorney.com or 614-791-0500. You can also submit your immigration question for one of our live Q&A sessions at ImmigrationQuestions.US.
This article is for general informational purposes only and does not constitute legal advice. USCIS interview and discretion policies changed in 2026 and may change again. Consult a licensed immigration attorney before making decisions based on this information.
