Last Updated on April 20, 2024 by Anda Malescu
Success! We recently had an employment based green card approved with an interview waiver. The I-485 employment based green card was based on an approved I-140 in the EB1C green card category. The employee, a citizen of Canada was in the United States on an TN visa at the time of filing for the employment based I-485. The processing time for the I-485 employment based green card was approximately 6 months.
In this case, USCIS approved the I-485 Adjustment of Status without a Request for Further Evidence (RFE) and with an interview waiver. This means that the employment based green card was approved without the employee attending an interview at the USCIS offices.
To apply for a green card based on employment in certain categories such as PERM EB2 and EB3 (including EB3 for unskilled labor), or EB1C or EB1B categories, the US employer must petition for their foreign employee by filing form I-140 and supporting documents with USCIS in order to establish that a position is available, and employer has the ability to pay the offered wage.
Filing the I-140 petition is only the first step in the employment-based immigration process. At the time of filing and after, it is critical that the US employer establishes its ability to pay the salary offered to the employee otherwise USCIS may deny the case.
Further, the employee must also file for their green card based on the employment as an I-485 Adjustment of Status if they are in the United States at the time of filing, or as an immigrant visa if they are located outside the United States. For those filing for employment based green card with an Adjustment of Status it is possible to obtain an interview waiver from USCIS and not attend a formal interview with an USCIS officer.
However, keep in mind that while USCIS has discretion to waive the interview, an immigration case thoroughly prepared by an immigration lawyer can increase your chances that USCIS will waive the interview. In fact, USCIS usually waives adjustment of status interviews for I-140 employment-based petitions.
To learn more about employment based green cards, I-140, working in the United States and choosing between adjustment of status and consular processing for your employment based green card, please visit the Adjustment of Status vs. Consular Processing.
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