CGMP Migration Risk Assessment & Management 2 — Questions and Answers
Question 1: A migrant worker's employer in the US has filed for bankruptcy during the H-1B petition process. What is the primary immigration risk this creates?
- Automatic visa revocation by USCIS
- Loss of the petitioning employer entity, potentially invalidating the petition (Correct answer)
- The worker must immediately depart the US
- The worker's priority date is forfeited
Correct answer: Loss of the petitioning employer entity, potentially invalidating the petition
Employer bankruptcy may dissolve the legal entity that filed the petition, removing the foundational sponsor required for an H-1B.
Question 2: Which risk mitigation tool is most appropriate when a company is unsure whether a proposed employee role qualifies as a 'specialty occupation' for H-1B purposes?
- Filing a premium processing request
- Requesting a pre-filing consultation or advisory opinion (Correct answer)
- Filing under the H-1B1 category instead
- Submitting a concurrent O-1 petition as backup
Correct answer: Requesting a pre-filing consultation or advisory opinion
A pre-filing consultation with experienced immigration counsel helps assess whether the role meets specialty occupation requirements before committing resources.
Question 3: An employee on L-1B specialized knowledge status has been assigned to a client site. Which risk factor could cause USCIS to determine the worker is actually under the client's control?
- The employee uses the client's equipment
- The client's supervisor directs the employee's daily tasks and work schedule (Correct answer)
- The employee's salary is paid by the petitioning employer
- The assignment is expected to last more than one year
Correct answer: The client's supervisor directs the employee's daily tasks and work schedule
Third-party placement risk arises when the client — not the petitioning employer — controls the employee's work, undermining the intracompany transferee relationship.
Question 4: A foreign national's B-1/B-2 visa was recently revoked while they were outside the US. What is the practical immigration risk upon attempting re-entry?
- They are permanently barred from the US
- They must apply for a new visa before returning to the US (Correct answer)
- They can still enter using the Visa Waiver Program immediately
- USCIS must notify them in writing before the revocation takes effect
Correct answer: They must apply for a new visa before returning to the US
Visa revocation means the travel document is no longer valid; a new visa application at a US consulate is required before the next entry.
Question 5: Which of the following scenarios creates the highest risk of an unauthorized employment finding by USCIS?
- An H-1B holder takes unpaid medical leave
- An F-1 OPT holder works for a company not listed on their EAD (Correct answer)
- A TN professional renews their status at the port of entry
- A green card holder changes employers without notifying USCIS
Correct answer: An F-1 OPT holder works for a company not listed on their EAD
F-1 OPT employment is restricted to positions related to the student's field of study; working for an unlisted or unrelated employer constitutes unauthorized employment.
Question 6: An USCIS site visit (Fraud Detection and National Security — FDNS) is conducted at a petitioning employer's office but no one is available to speak with the officer. What is the primary risk?
- The case is automatically denied
- USCIS may issue an RFE or NOID citing failure to cooperate, potentially leading to denial or revocation (Correct answer)
- The officer must reschedule the visit by law
- The employer is referred to ICE for criminal investigation
Correct answer: USCIS may issue an RFE or NOID citing failure to cooperate, potentially leading to denial or revocation
Non-cooperation with FDNS site visits can be cited as a negative factor in adjudication, resulting in denial, revocation, or further scrutiny of the petition.
Question 7: A global mobility manager learns that a business traveler from Brazil has been entering the US on a B-1 visa to negotiate contracts for 18 months consecutively. What is the principal risk?
- The traveler's company may be fined by the IRS
- CBP may deem the traveler to have established US residency, triggering visa overstay concerns or inadmissibility (Correct answer)
- The traveler's B-1 visa category does not allow contract negotiation
- The traveler needs an E-3 visa for this activity
Correct answer: CBP may deem the traveler to have established US residency, triggering visa overstay concerns or inadmissibility
Prolonged, repeated B-1 entry patterns can raise CBP concerns about immigrant intent or unauthorized employment, leading to inadmissibility findings.
CGMP Migration Risk Assessment & Management 2
A migrant worker's employer in the US has filed for bankruptcy during the H-1B petition process.
What is the primary immigration risk this creates?