USCIS is applying greater scrutiny to all immigration benefit requests, including employment-based adjustment of status (AOS) applications. As a result, AOS interviews have become more detailed and documentation-focused. Failing to prepare can have dire consequences, not only for the applicant but also for the employer who values their work. In some cases, applicants with prior criminal or immigration issues, even minor ones, have been detained at their interviews and placed in removal proceedings.

While most employment-based cases remain straightforward, applicants should expect closer scrutiny of eligibility, immigration history, and the underlying job offer.

Below are five key issues AOS applicants should be prepared to address in today’s enforcement environment.

Maintenance of Lawful Status and Employment History

USCIS officers are more carefully reviewing whether applicants have properly maintained nonimmigrant status throughout their time in the United States. Specifically, they look for:

• Timely filed extensions or changes of status
• Gaps in employment
• Compliance with H-1B, L-1, TN, or F-1 requirements
• CPT/OPT usage for former F-1 students
• Any periods of unauthorized employment

AOS applicants should be prepared to provide approval notices, Form I-94 records, and pay statements as appropriate, and clearly explain their entire U.S. immigration and employment timelines.

Security Vetting and Social Media Screening

Heightened enforcement has also led to expanded security screening and officers carefully examine foreign nationals with employment in areas such as artificial intelligence, biotechnology, semiconductors, or other technologies with potential national security implications. Clear and concise explanations of one’s role and responsibilities can help prevent unnecessary delays.

In addition, USCIS and other agencies increasingly review applicants’ digital footprints, including publicly available social media activity, for inconsistencies, security concerns, or indications of misrepresentation.

Applicants should be prepared to clearly explain the nature of their work, confirm whether it involves controlled technologies, and ensure that prior immigration filings and public information are accurate and consistent. Proactive review of both professional and online histories can help minimize delays and unexpected scrutiny.

Inadmissibility and Prior Immigration History

In employment-based cases, officers are increasingly examining grounds of inadmissibility, with particular focus on:

• Prior visa applications and any inconsistencies
• Previous immigration filings
• Arrests, citations, or criminal history
• Allegations of misrepresentation or status violations

Applicants should review all prior filings in advance of the AOS interview to ensure consistency and be prepared to explain any discrepancies in detail.

Bona Fide Nature of the Job Offer

In PERM-based EB-2 and EB-3 cases, USCIS will typically examine whether the underlying job offer remains valid and available by reviewing:

• Current job title and duties
• Salary and whether it aligns with the PERM filing
• Work location, including remote or hybrid arrangements
• The employer’s continued intent to employ the applicant upon approval

An updated employment verification letter, recent pay statements, and clarity regarding job duties are critical to a smooth interview.

Changed Employers and Job Portability

For applicants who have changed employers after filing for AOS, job portability under the Immigration and Nationality Act is scrutinized. Specific issues include: 

• Whether the I-140 petition was approved
• Whether the I-485 has been pending at least 180 days
• Whether the new position is in a ‘same or similar’ occupational classification

Officers may compare job duties, seniority level, and compensation. Careful documentation demonstrating occupational similarity is essential.

How Meltzer Hellrung Can Help

Meltzer Hellrung assists employers and foreign nationals in preparing strategically for AOS interviews. Our team conducts detailed pre-interview reviews, analyzes potential areas of scrutiny, prepares documentation packages tailored to each case, and provides interview preparation guidance designed to reduce uncertainty. 

In an era of heightened enforcement, proactive preparation can make the difference between delay and approval. We encourage clients to consult with counsel early to ensure they are fully prepared to navigate the adjustment process with confidence.

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