United States – “In Person” Interviews Expanded for | KPMG | GLOBAL

United States – “In Person” Interviews Expanded for Employment-Based AOS Applicants

United States – “In Person” Interviews Expanded for

This report covers the institution by the United States Citizenship and Immigration Services of in-person interviews for the adjudication of Adjustment of Status (“AOS”) to Permanent Resident (otherwise known as “green card”) status for applicants under the employment-based class.

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On August 28, 2017, United States Citizenship and Immigration Services (USCIS) announced that it will be expanding interview requirements in the adjudication of Adjustment of Status (“AOS”) to Permanent Resident (otherwise known as “green card”) status for applicants under the employment-based class.1  As the USCIS notice indicates, previously, in-person interviews were not required for this class of applicants, except in exceptional cases.

WHY THIS MATTERS

The expanded in-person interview requirement will add an additional layer of scrutiny to employment-based green card applicants, and will also likely delay processing times for these types of applications. 

Employers should anticipate these additional requirements by working closely with immigration counsel to foster the appropriate handling of interviews.  Immigration counsel may be able to provide general and one-on-one preparation for green card interviews based on the company’s and applicant’s particular needs.

Further Insight

The stated purposes of the interviews to be phased-in beginning October 1, 2017, are to verify the information provided in an individual’s application, to discover new information that may be relevant to the adjudication process, and to determine the credibility of the applicant.  This change complies with Executive Order 13780, “Protecting the Nation From Foreign Terrorist Entry Into the United States,” and is part of a comprehensive strategy to further improve the detection and prevention of fraud and enhance the integrity of the immigration system.

KPMG NOTE

KPMG Law LLP will continue to provide updates regarding the impact of this requirement as and when they become available.  In the meanwhile, employers are encouraged to reach out to immigration counsel for specific guidance in preparing affected applicants throughout the AOS process.

FOOTNOTE

1  USCIS press release dated August 28, 2017 “USCIS to Expand In-Person Interview Requirements for Certain Permanent Residency Applicants.”

CONTACTS

For additional information or assistance, please contact your local GMS or People Services professional* or the following professional with the KPMG International member firm in Canada:

 

Charlene Quincey

U.S. Immigration Practice Leader

KPMG Law LLP – Tax + Immigration, Canada

Tel. +1-416-943-0288 x266

cquincey@kpmglaw.ca 

 

*  Please note that KPMG LLP (U.S.) does not provide any immigration services.  However, KPMG Law LLP in Canada can assist clients with U.S. immigration matters.  

The information contained in this newsletter was submitted by the KPMG International member firm in Canada.

© 2017 KPMG LLP, a Canada limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved.

Flash Alert is an Global Mobility Services publication of KPMG LLPs Washington National Tax practice. The KPMG logo and name are trademarks of KPMG International. KPMG International is a Swiss cooperative that serves as a coordinating entity for a network of independent member firms. KPMG International provides no audit or other client services. Such services are provided solely by member firms in their respective geographic areas. KPMG International and its member firms are legally distinct and separate entities. They are not and nothing contained herein shall be construed to place these entities in the relationship of parents, subsidiaries, agents, partners, or joint venturers. No member firm has any authority (actual, apparent, implied or otherwise) to obligate or bind KPMG International or any member firm in any manner whatsoever. The information contained in herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation.

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