CGMP CGMP Labor Migration & Employment Authorization 1 — Questions and Answers
Question 1: Which U.S. visa category is specifically designed for temporary workers in specialty occupations requiring a bachelor's degree or equivalent?
- H-1B (Correct answer)
- L-1A
- O-1
- TN
Correct answer: H-1B
The H-1B visa is designated for specialty occupation workers who possess at least a bachelor's degree or equivalent in the relevant field.
Question 2: What is the annual H-1B visa cap for regular cap-subject petitions (excluding master's degree exemptions)?
- 65,000 (Correct answer)
- 85,000
- 100,000
- 50,000
Correct answer: 65,000
The regular H-1B cap is set at 65,000 visas per fiscal year, with an additional 20,000 reserved for U.S. advanced degree holders.
Question 3: Which form must a U.S. employer file with USCIS to sponsor a foreign worker for an H-1B visa?
- Form I-129 (Correct answer)
- Form I-140
- Form I-485
- Form I-539
Correct answer: Form I-129
Form I-129 (Petition for Nonimmigrant Worker) is the petition an employer must file to sponsor a worker for H-1B or other nonimmigrant work classifications.
Question 4: What is the maximum initial period of stay granted under an H-1B visa for most specialty occupation workers?
- 3 years (Correct answer)
- 5 years
- 1 year
- 6 years
Correct answer: 3 years
H-1B visas are initially granted for up to 3 years and can be extended for another 3 years, for a maximum of 6 years.
Question 5: Which U.S. program requires employers to attest to paying foreign workers the prevailing wage or actual wage, whichever is higher?
- Labor Condition Application (LCA) (Correct answer)
- PERM Labor Certification
- Permanent Residence Petition
- I-9 Verification
Correct answer: Labor Condition Application (LCA)
The Labor Condition Application (LCA), filed with the Department of Labor, requires employers to attest to wage and working condition standards for H-1B workers.
Question 6: Which visa classification allows an intracompany transferee who is a manager or executive to work in the United States?
- L-1A (Correct answer)
- L-1B
- H-1B
- E-2
Correct answer: L-1A
The L-1A visa is for intracompany transferees who work in managerial or executive capacities for a multinational company.
CGMP CGMP Labor Migration & Employment Authorization 1
Which U.S. visa category is specifically designed for temporary workers in specialty occupations requiring a bachelor's degree or equivalent?