We have credible information from many i485 employment-based cases that USCIS is approving the Green card without even taking the interview.
In most of these cases, there was no EAD and AP issued either simply because USCIS directly approved the Green card.
This is a welcome step as employment-based cases are quite straightforward and have a very low percentage of fraud. The salaries are also higher and are vetted by DOL PERM. USCIS also approves the i140 after looking into the employer’s ability to pay.
Most of these EB category cases are from H1B or L1 work visa class. They go through the visa interview at the US embassy and hence have already been interviewed by one or more times by one of the US government departments.
i485 Interview Waived EB2 to EB3 Downgrade
This is a recent case shared by one of our members where his EB2 to EB3 downgrade green card approved within a month of his ‘Final Action date’ getting current in May 2021. There was no i485 interview conducted for him.
There are a couple of things that should happen before you can expect your Green card to be approved by USCIS officer quickly:
- Employment-based i140 should be approved.
- Your PD date should be current in the ‘Final Action’ Chart.
- Your i693 medical form should be available.
- All i485 documents should be legitimate and no RFE is pending.
The USCIS sends the RFE for medical ahead of time and usually within 30 days of the date getting current in Final action.
Green Card Wastage in 2021-2022
It is possible that USCIS is using its discretionary power to waive i485 employment-based interviews to avoid wasting GC numbers in 2021 and will continue to do so in 2022.
Please note that the interviews for family based i485 is mandatory and USCIS usually does not waive them.
- If your employment-based interview is waived, you can expect your green card to be approved within a month of submitting your medical RFE.
- Most people have reported getting the physical green card within a week of approval status online on the USCIS case status website.
Multiple attorneys including the RN Law group have shared in their weekly videos multiple times that they are seeing expedited i485 approvals from USCIS without an interview.
You can submit the medical form without waiting for the USCIS RFE anytime.
We strongly recommend sending the medical form if you expect your date to get current in the next 6 months to avoid wastage of time.
It is possible that your case gets ahead in line when other people who have an earlier PD date are still waiting for their medical RFE. We have seen this in many cases of EB2 to EB3 downgrade.
Use am22tech’s Medical Interfile Cover Letter format and send it with your medical.
It is possible that USCIS simply ignores or rejects your medical package if you send it without an RFE. The chances of it happening are 50-50.
But, if it is accepted and added to your i485 file (known as interfiling), the chances of getting ahead in line are high and we think it is worth giving a try.
If USCIS rejects or ignores your package, the maximum thing you will lose is the medical form doctor’s fee which could be around $350 per person.
It is possible that USCIS approves your green card earlier than others if your PD date is current and all your documents are clear and available.
Some people have got approvals earlier than others but there is no guarantee that it will happen.