CERs Global Recruitment & Mobility 2 — Questions and Answers
Question 1: Which US visa category is most commonly used by employers to sponsor foreign workers in specialty occupations requiring at least a bachelor's degree?
- L-1A
- H-1B (Correct answer)
- O-1
- TN
Correct answer: H-1B
The H-1B visa is the primary work visa for specialty occupation roles and is subject to an annual cap, making ethical sponsorship practices critical.
Question 2: Under the Immigration Reform and Control Act (IRCA), what is the employer's primary obligation when hiring any worker in the US?
- File a labor condition application with DOL
- Complete Form I-9 to verify identity and work authorization (Correct answer)
- Obtain a letter of no objection from the candidate's home country
- Register the hire with the Department of State
Correct answer: Complete Form I-9 to verify identity and work authorization
IRCA requires all US employers to complete Form I-9 for every employee to verify identity and eligibility to work, regardless of citizenship.
Question 3: An ethical recruiter encounters a candidate with an expiring work visa. What is the most appropriate first step?
- Proceed with placement and address the visa issue post-hire
- Immediately disqualify the candidate from all roles
- Inform the candidate and employer of the timeline and explore sponsorship options (Correct answer)
- Ask the candidate to self-sponsor without employer support
Correct answer: Inform the candidate and employer of the timeline and explore sponsorship options
Ethical recruiters must transparently communicate visa status implications to both parties and facilitate legal pathways rather than ignoring or concealing the issue.
Question 4: Which US visa allows multinational companies to transfer employees who work in managerial, executive, or specialized knowledge roles from a foreign office?
- H-2B
- E-3
- L-1 (Correct answer)
- J-1
Correct answer: L-1
The L-1 visa (L-1A for managers/executives, L-1B for specialized knowledge) is designed for intracompany transfers within multinational organizations.
Question 5: What does H-1B 'portability' allow a worker to do under AC21 (American Competitiveness in the 21st Century Act)?
- Transfer their visa to a family member
- Change employers without losing their place in the green card queue (Correct answer)
- Work in multiple countries simultaneously on one visa
- Convert their H-1B to a green card automatically after 6 years
Correct answer: Change employers without losing their place in the green card queue
AC21 portability allows H-1B holders with a pending I-485 (adjustment of status) for over 180 days to change to a same or similar job without restarting the green card process.
Question 6: A recruiter is asked to screen out candidates who will 'need sponsorship now or in the future.' What is the ethical and legal concern with this instruction?
- It is permissible as long as it is applied consistently
- It may constitute national origin discrimination under Title VII and INA anti-discrimination provisions (Correct answer)
- It is only problematic for H-4 EAD holders
- It is acceptable if the employer has no prior sponsorship experience
Correct answer: It may constitute national origin discrimination under Title VII and INA anti-discrimination provisions
Blanket exclusion of candidates who need sponsorship can constitute unlawful discrimination based on citizenship status or national origin under the INA and Title VII.
Question 7: The TN visa category under USMCA (formerly NAFTA) is available to citizens of which countries seeking to work in the US in specific professional categories?
- UK and Australia
- Mexico and Canada (Correct answer)
- Israel and Japan
- India and the Philippines
Correct answer: Mexico and Canada
The TN visa is a nonimmigrant work status available only to Canadian and Mexican citizens in designated professional occupations listed under USMCA.
CERs Global Recruitment & Mobility 2
Which US visa category is most commonly used by employers to sponsor foreign workers in specialty occupations requiring at least a bachelor's degree?