Attorney Immigration Attorney 2 — Questions and Answers
Question 1: What is an H-1B visa?
- A visa for agricultural workers on seasonal assignments
- A nonimmigrant visa for specialty occupation workers requiring at least a bachelor's degree in the field, subject to an annual numerical cap (Correct answer)
- A visa for intracompany transferees in executive or managerial roles
- A visa for individuals with extraordinary ability in their field
Correct answer: A nonimmigrant visa for specialty occupation workers requiring at least a bachelor's degree in the field, subject to an annual numerical cap
The H-1B visa allows US employers to temporarily employ foreign workers in specialty occupations that require at least a bachelor's degree; it is subject to an annual cap of 65,000 (plus 20,000 for US advanced degree holders).
Question 2: What is an L-1 visa used for?
- Seasonal agricultural workers
- Intracompany transferees in managerial, executive, or specialized knowledge roles (Correct answer)
- Foreign nationals with extraordinary artistic ability
- Exchange visitors in educational and cultural programs
Correct answer: Intracompany transferees in managerial, executive, or specialized knowledge roles
The L-1 visa allows multinational companies to transfer employees in managerial, executive, or specialized knowledge positions from a foreign affiliate to the US entity.
Question 3: What is adjustment of status in immigration law?
- Changing from one nonimmigrant visa category to another
- The process by which an eligible foreign national already in the US applies to become a lawful permanent resident without returning to their home country for consular processing (Correct answer)
- A procedure for correcting errors in immigration records
- A status change from permanent resident to US citizen
Correct answer: The process by which an eligible foreign national already in the US applies to become a lawful permanent resident without returning to their home country for consular processing
Adjustment of status (Form I-485) allows eligible foreign nationals to apply for a green card from within the US rather than having to travel abroad for consular processing.
Question 4: What is consular processing in immigration?
- The process of applying for immigration benefits at a USCIS service center
- The process by which a foreign national outside the US applies for an immigrant or nonimmigrant visa at a US embassy or consulate abroad (Correct answer)
- A procedure for expediting immigration applications through diplomatic channels
- An appeal process for denied visa applications
Correct answer: The process by which a foreign national outside the US applies for an immigrant or nonimmigrant visa at a US embassy or consulate abroad
Consular processing requires the foreign national to apply for and receive their immigrant or nonimmigrant visa at a US embassy or consulate in their home country or country of residence.
Question 5: What are the general requirements for US naturalization?
- Five years as a permanent resident with no requirement for continuous physical presence
- Lawful permanent residence for the required period (generally 5 years, or 3 years if married to a US citizen), continuous residence, physical presence, good moral character, English language ability, and knowledge of US civics (Correct answer)
- Only a passing score on a citizenship test
- Two years of employment with a US employer and a clean criminal record
Correct answer: Lawful permanent residence for the required period (generally 5 years, or 3 years if married to a US citizen), continuous residence, physical presence, good moral character, English language ability, and knowledge of US civics
Naturalization requires meeting statutory requirements including the requisite period of lawful permanent residence, continuous residence, physical presence, good moral character, English proficiency, and passing a civics and history test.
Question 6: What is Temporary Protected Status (TPS)?
- A temporary work visa for seasonal employees
- A humanitarian protection program designating certain countries whose nationals in the US cannot be safely returned due to ongoing armed conflict, environmental disaster, or other extraordinary conditions (Correct answer)
- A temporary green card issued pending final adjudication
- A status granted to asylum applicants while their cases are pending
Correct answer: A humanitarian protection program designating certain countries whose nationals in the US cannot be safely returned due to ongoing armed conflict, environmental disaster, or other extraordinary conditions
TPS is a temporary immigration benefit granted to nationals of designated countries experiencing ongoing armed conflict, environmental disasters, or other extraordinary conditions that make safe return impossible.
Attorney Immigration Attorney 2
What is an H-1B visa?