New USCIS Rules May 2026: In-Person Attorney Presence Required at Asylum Interviews

The U.S. Citizenship and Immigration Services (USCIS) has announced a new policy requiring in-person attorney presence at certain asylum interviews, effective May 18, 2026. This procedural change marks a departure from remote or telephonic representation that became more common during and after the COVID-19 pandemic. Under the new requirement, attorneys representing asylum applicants at designated interview types must appear in person at USCIS facilities rather than participating remotely. This change is expected to affect scheduling logistics for both immigration law firms and their clients, particularly those in areas far from USCIS field offices. While this policy primarily affects asylum proceedings rather than employment-based immigration such as EB-3, it reflects a broader USCIS trend toward reinstating in-person procedural requirements across various immigration benefit types. EB-3 applicants who also have pending asylum claims or family members in asylum proceedings should take note. Immigration attorneys and applicants with upcoming asylum interviews scheduled after May 18 are advised to confirm arrangements with their legal representatives promptly to ensure compliance with the new in-person attendance requirement.