CIS CIS Employment-Based Immigration 1 — Questions and Answers
Question 1: Which employment-based immigrant visa preference category is reserved for priority workers with extraordinary ability, outstanding professors/researchers, and multinational managers?
- EB-1 (Correct answer)
- EB-2
- EB-3
- EB-4
Correct answer: EB-1
The EB-1 category is for priority workers, including those with extraordinary ability, outstanding professors/researchers, and multinational executives/managers.
Question 2: What is the purpose of a PERM Labor Certification in the employment-based immigration process?
- To prove the employer cannot find a qualified U.S. worker for the position (Correct answer)
- To certify the foreign worker's educational credentials
- To confirm the employer's financial ability to pay the offered wage
- To establish the alien's eligibility for an O-1 visa
Correct answer: To prove the employer cannot find a qualified U.S. worker for the position
PERM Labor Certification (Program Electronic Review Management) requires employers to demonstrate that no qualified U.S. workers are available before sponsoring a foreign national for permanent residence.
Question 3: An EB-2 National Interest Waiver (NIW) allows a foreign national to bypass which standard requirement?
- Job offer and labor certification (Correct answer)
- English language proficiency test
- Medical examination
- Biometrics appointment
Correct answer: Job offer and labor certification
An EB-2 NIW waives the job offer and PERM labor certification requirements if the applicant can show their work is in the national interest of the United States.
Question 4: Which government agency adjudicates Form I-140, Immigrant Petition for Alien Workers?
- USCIS (Correct answer)
- Department of Labor
- Department of State
- Department of Justice
Correct answer: USCIS
USCIS (U.S. Citizenship and Immigration Services) is responsible for adjudicating I-140 immigrant worker petitions.
Question 5: What does 'priority date' refer to in the employment-based immigration context?
- The date the labor certification application or I-140 was filed (Correct answer)
- The date the green card interview is scheduled
- The date the visa becomes available in the monthly bulletin
- The date the immigrant entered the United States
Correct answer: The date the labor certification application or I-140 was filed
The priority date is typically the date the PERM application was filed (or I-140 for categories not requiring PERM), which determines a beneficiary's place in the visa queue.
Question 6: Which employment-based category covers skilled workers, professionals, and other workers performing unskilled labor?
- EB-3 (Correct answer)
- EB-2
- EB-4
- EB-5
Correct answer: EB-3
The EB-3 category covers skilled workers (requiring at least two years of training), professionals (with bachelor's degrees), and unskilled workers for jobs requiring less than two years of training.
CIS CIS Employment-Based Immigration 1
Which employment-based immigrant visa preference category is reserved for priority workers with extraordinary ability, outstanding professors/researchers, and multinational managers?