CGMP Migration Risk Assessment & Management 2

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?

Accepted Answer

Loss of the petitioning employer entity, potentially invalidating the petition

Answer

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?

Accepted Answer

Requesting a pre-filing consultation or advisory opinion

Answer

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?

Accepted Answer

The client's supervisor directs the employee's daily tasks and work schedule

Answer

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?

Accepted Answer

They must apply for a new visa before returning to the US

Answer

Visa revocation means the travel document is no longer valid; a new visa application at a US consulate is required before the next entry.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?

Accepted Answer

An F-1 OPT holder works for a company not listed on their EAD

Answer

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.

(CGMP) Certified Global Migration Professional Practice Test

(CGMP) Certified Global Migration Professional Practice Test

CGMP Migration Risk Assessment & Management 2