CIS Employment-Based Immigration Flashcards

What form must an employer file to sponsor a foreign national for an H-1B nonimmigrant worker visa?

Answer: Form I-129

Form I-129 (Petition for a Nonimmigrant Worker) is filed by employers to request H-1B status and other nonimmigrant work classifications for foreign nationals.

What is the annual H-1B cap for regular petitions filed under the U.S. master's cap exemption?

Answer: 20,000

The H-1B cap includes 65,000 visas for the regular cap and an additional 20,000 for U.S. advanced degree (master's cap) exemption holders.

Which visa classification allows foreign nationals to work temporarily in the U.S. as religious workers?

Answer: R-1

The R-1 visa allows members of religious denominations to work temporarily in the U.S. as ministers or in religious vocations or occupations.

An employer who terminates an H-1B worker before the visa period ends is responsible for which cost?

Answer: Reasonable cost of return transportation to the worker's last country of residence

When an H-1B employer terminates a worker's employment before the authorized period ends, the employer must pay for the worker's reasonable return transportation to their last country of residence.

What document must an H-1B employer file with DOL before submitting an H-1B petition to USCIS?

Answer: Labor Condition Application (LCA)

Employers must file a Labor Condition Application (LCA) with the Department of Labor and receive certification before filing an H-1B petition with USCIS.

Which employment-based visa category is specifically designed for investors creating a new commercial enterprise that generates at least 10 full-time jobs for U.S. workers?

Answer: EB-5

The EB-5 Immigrant Investor Program requires investors to invest capital in a new commercial enterprise that creates or preserves at least 10 qualifying full-time jobs for U.S. workers.