We will not know the full extent of the Trump Administration’s immigration plans for another couple of months. However, we are predicting actions that may be likely based on the first Trump administration’s policies in 2017-2021 and the information available in the Heritage Foundation’s Project 2025 publication. Please join us as we preview actions the Trump Administration may take in 2025, the impact on businesses and employees, and actions we can take to prepare.

 

Issue #1: Reinstate mandatory AOS interviews

 

What is the Policy?

 

The adjustment of status (AOS) process is the final step of a permanent resident or “green card” case.  The final stage of the AOS process may be an in-person interview with a USCIS Officer.  However, employment-based AOS applicants are typically not subjected to in-person interviews and cases are adjudicated at regional service centers.  

 

In 2017 during the Trump Administration, USCIS expanded the interview requirement to make interviews mandatory for certain AOS cases, including employment-based AOS cases.  We predict USCIS will reinstate the mandatory AOS interview requirement for employment-based cases.

 

Why Would the Trump Administration Implement this Policy?

 

The Trump administration will take this action as a speculative measure to increase security and reduce fraud in the immigration process. Reinstating an in-person interview policy for employment-based AOS applicants will add months to the already long USCIS processing times for AOS applications.  Current USCIS processing times for I-485 adjustment of status applications are around 12-18 months.  

 

How to Prepare

 

Applicants will need to prepare diligently ahead of an interview, preparing to explain their immigration history and employment.  Applicants will be asked to explain where they will work, what they will do, and their education and work experience.  USCIS will also confirm that there is still an offer of employment with the sponsoring employer and that the applicant intends to work for the employer in the position sponsored. 

 

Adding complexity to interviews for employment-based applicants is a rule that allows individuals with AOS applications pending for at least 180 days to move to a new employer without restarting the sponsorship process. Additionally, long back-logs for individuals born in certain countries mean that employment-based AOS applicants may be asked about jobs and employers they left years ago.  Meltzer Hellrung provides interview preparation calls in advance of AOS interviews to ensure employees are prepared on what to expect during an interview and what to prepare and carry prior to the interview.