CGMP CGMP Labor Migration & Employment Authorization 2 — Questions and Answers
Question 1: What is the PERM labor certification process primarily used for in U.S. immigration?
- Sponsoring foreign nationals for employment-based green cards (Correct answer)
- Obtaining temporary work visas
- Verifying I-9 employment eligibility
- Applying for asylum based on employment
Correct answer: Sponsoring foreign nationals for employment-based green cards
PERM (Program Electronic Review Management) labor certification is the first step in most employment-based green card sponsorships, requiring employers to prove no qualified U.S. workers are available.
Question 2: Which employment-based immigrant visa preference category is reserved for priority workers with extraordinary ability, outstanding professors, or multinational executives?
- EB-1 (Correct answer)
- EB-2
- EB-3
- EB-4
Correct answer: EB-1
EB-1 is the first employment-based preference category covering extraordinary ability workers, outstanding professors/researchers, and multinational managers or executives.
Question 3: A migrant professional wants to self-petition for a green card based on extraordinary ability in science without a job offer. Which immigrant visa classification should be used?
- EB-1A (Correct answer)
- EB-2 NIW
- EB-3
- EB-1B
Correct answer: EB-1A
EB-1A allows individuals with extraordinary ability to self-petition without an employer sponsor and without labor certification.
Question 4: What does 'portability' mean under the AC21 Act for employment-based green card applicants?
- An approved I-140 remains valid if the applicant changes jobs in the same or similar occupation after 180 days (Correct answer)
- The applicant can transfer their visa stamp to a new passport
- The priority date can be transferred to a family member
- The employer can transfer the petition to a different employee
Correct answer: An approved I-140 remains valid if the applicant changes jobs in the same or similar occupation after 180 days
AC21 portability allows an employment-based green card applicant to change employers or jobs if their I-485 has been pending for 180+ days and the new job is in the same or similar occupational classification.
Question 5: Under U.S. immigration law, which document do employers use to verify employment eligibility of newly hired workers?
- Form I-9 (Correct answer)
- Form I-140
- Form I-129
- Form I-20
Correct answer: Form I-9
Form I-9 (Employment Eligibility Verification) must be completed for every person hired in the United States to verify identity and employment authorization.
Question 6: Which government agency administers and enforces the E-Verify program used by employers to confirm work authorization?
- U.S. Citizenship and Immigration Services (USCIS) (Correct answer)
- Department of Labor (DOL)
- Department of State (DOS)
- Immigration and Customs Enforcement (ICE)
Correct answer: U.S. Citizenship and Immigration Services (USCIS)
USCIS administers E-Verify, the online system through which employers electronically verify employees' work authorization using information from Form I-9.
CGMP CGMP Labor Migration & Employment Authorization 2
What is the PERM labor certification process primarily used for in U.S. immigration?