By Hasan Legal Admin · September 28, 2026
An approved I-140 for extraordinary ability feels like the hard part is over. It isn't, necessarily. In 2026, an interview stands between most EB-1A petitioners and their green card — and because EB-1A is a self-petition with no employer and no job offer, the questions you'll face look nothing like a typical employment-based interview. Here's why this step carries more weight than it used to, what officers are actually checking, and how to walk in prepared.
An approved I-140 for extraordinary ability feels like the hard part is over. It isn't, necessarily. In 2026, an interview stands between most EB-1A petitioners and their green card — and because EB-1A is a self-petition with no employer and no job offer, the questions you'll face look nothing like a typical employment-based interview.
Here's why this step carries more weight than it used to, what officers are actually checking, and how to walk in prepared.
For years, USCIS routinely waived interviews for employment-based adjustment applicants with strong, clean records. That era is over. Interviews are back, and for EB-1A self-petitioners specifically, they ask a different set of questions than the ones most general interview guides prepare you for.
Under 8 CFR § 245.6, every Form I-485 adjustment applicant is technically interviewable unless USCIS affirmatively waives the interview. For a long stretch, that waiver was routine for strong employment-based cases. It no longer is. USCIS has reinstated near-universal in-person interviews for adjustment applicants and removed employment-based categories, including EB-1A, from the group generally considered for a waiver — a waiver is now a case-by-case exception, not the default.
A policy memo reportedly issued May 21, 2026 reinforces this shift, directing officers toward broader discretion when evaluating adjustment applications. In practical terms: the interview is a genuine merits checkpoint now, not a procedural rubber stamp on a case USCIS already decided on paper.
Confirm the current citation and exact language of this policy memo, and the present text of 8 CFR § 245.6, directly against uscis.gov before relying on the specifics here — policy memo numbering and interview-waiver practice can shift.
EB-1A beneficiaries reach a green card through one of two tracks, and the interview looks different depending on which one applies to you.
| Adjustment of Status (Inside the U.S.) | Consular Processing (Abroad) | |
|---|---|---|
| Filing | Form I-485 | Form DS-260 |
| Interview location | Local USCIS field office | U.S. embassy or consulate |
| Attorney present? | Yes, may attend with you | No — one-on-one with the consular officer |
| Before the interview | Case must be current and filed | Medical exam with an authorized panel physician; case marked documentarily qualified by the NVC |
Knowing your track early tells you who your actual audience is — and, for consular applicants specifically, that your attorney can prepare you beforehand but cannot be in the room.
This is where generic interview advice tends to fail EB-1A applicants specifically. Most guides tell you to memorize your employer's business and the terms of a job offer — but an EB-1A petitioner has neither. You petitioned under INA § 203(b)(1)(A) on the strength of your own extraordinary ability, not an employer's sponsorship. So the officer's actual focus sits elsewhere:
The continuing-work question under 8 CFR § 204.5(h)(5) is where EB-1A applicants stumble most often — not because the answer is complicated, but because they've never had to articulate it out loud. Have a clear, honest, jargon-free account of what you do now and what you intend to keep doing in your field, ready before you walk in.
Bring your interview notice, a passport valid for at least six months, and government-issued identification. Beyond that:
Most interview problems are avoidable. Over-explaining invites new questions — answer what's asked, and stop there. Small inconsistencies between the interview, the petition, and the DS-260 or I-485 can turn a routine appointment into a Request for Evidence. And perhaps most dangerous: treating the interview as a formality because the petition is already approved. A consular officer can return an approved petition to USCIS with a recommendation to revoke, and a case can be placed in administrative processing under INA § 221(g) for weeks or months. Never let a material change go undisclosed to your counsel before the interview.
Consider a researcher approved on original contributions and published work who walks in expecting only identity questions — and instead gets asked what she's currently building and how it advances her field. An applicant who has rehearsed a plain-language answer, and can point to two recent, concrete pieces of evidence of ongoing work, turns that question into their strongest moment instead of a stumble. The difference isn't the strength of the underlying case. It's whether the applicant was ready to talk about it.
If you have an EB-1A interview coming up — adjustment or consular — preparation matters more than it used to. We help EB-1A and EB-2 NIW clients prepare specifically for the continuing-work question and the consistency checks officers are trained to run.
This article is provided for general informational purposes only and does not constitute legal advice. Interview practices vary by field office and consulate, and by individual case facts. The specific policy memo and effective date referenced here should be verified directly against current USCIS guidance before relying on them. Past results do not guarantee future outcomes. Consult a licensed immigration attorney about your specific circumstances.