CGMP Migration Risk Assessment & Management 3 — Questions and Answers
Question 1: Which document is the primary evidence a US employer must retain to demonstrate I-9 compliance during a Department of Homeland Security (DHS) audit?
- The employee's signed offer letter
- A completed and properly retained Form I-9 for each employee (Correct answer)
- A copy of the employee's passport biographical page
- The employee's Social Security card photocopy
Correct answer: A completed and properly retained Form I-9 for each employee
Form I-9, Employment Eligibility Verification, is the foundational document employers must complete, retain, and produce during government audits.
Question 2: A company discovers it has employees who have not had their H-1B Labor Condition Application (LCA) posted at the work site. Which compliance risk does this represent?
- Criminal liability under RICO statutes
- A violation of Department of Labor LCA public access file requirements, exposing the employer to back wages and debarment (Correct answer)
- Automatic H-1B denial for all pending petitions
- A State Department visa revocation trigger
Correct answer: A violation of Department of Labor LCA public access file requirements, exposing the employer to back wages and debarment
Failure to post the LCA at the place of employment violates DOL regulations and can result in civil money penalties, back pay obligations, and debarment from future LCA filings.
Question 3: An employee's I-94 record shows a departure date of June 1, but the employee claims they left on July 1. What is the most immediate risk if the error is not corrected?
- The employee loses their Social Security benefits
- CBP records may show an overstay, which could result in future inadmissibility findings at the border (Correct answer)
- The employee's employer is fined $10,000 per day
- The State Department automatically cancels the employee's visa
Correct answer: CBP records may show an overstay, which could result in future inadmissibility findings at the border
An inaccurate I-94 departure record can create an apparent overstay on CBP records, which triggers inadmissibility bars under INA §212(a)(9)(B).
Question 4: Which risk management practice best reduces exposure when a company relies heavily on H-1B workers for core operations during cap season?
- Filing all petitions in December to avoid the April lottery
- Developing a workforce contingency plan including alternative visa categories and domestic talent pipelines (Correct answer)
- Requesting priority processing for all cap-subject petitions
- Limiting H-1B employees to part-time status to reduce dependency
Correct answer: Developing a workforce contingency plan including alternative visa categories and domestic talent pipelines
A contingency plan that includes alternative visa options and succession planning mitigates operational disruption if H-1B lottery results are unfavorable.
Question 5: A global company is considering assigning a Chinese national employee to the US on an L-1A visa. Which specific risk should the migration professional flag immediately?
- Chinese nationals are ineligible for L-1A status
- The EB-1C green card pathway for L-1A holders is subject to extremely long priority date backlogs for China-born individuals (Correct answer)
- L-1A holders from China are subject to additional background checks
- Chinese nationals on L-1A cannot extend beyond one year
Correct answer: The EB-1C green card pathway for L-1A holders is subject to extremely long priority date backlogs for China-born individuals
The per-country annual cap on employment-based green cards creates severe backlogs for China-born nationals, meaning even successful L-1A status may not lead to a timely green card.
Question 6: A CGMP professional is advising a client whose employee has been placed in removal proceedings while holding a pending I-485. What is the key risk to the adjustment of status application?
- The I-485 is automatically denied upon issuance of the Notice to Appear (NTA)
- The adjustment of status application jurisdiction shifts to the immigration court, and USCIS cannot approve it while proceedings are pending (Correct answer)
- The employee must depart the US immediately or face a 10-year bar
- The pending I-485 fee is forfeited and must be repaid
Correct answer: The adjustment of status application jurisdiction shifts to the immigration court, and USCIS cannot approve it while proceedings are pending
Once removal proceedings are initiated, jurisdiction over the I-485 generally transfers to the immigration judge, removing USCIS's authority to adjudicate the case.
Question 7: An employer's I-9 audit reveals several instances where document reverification was not completed when employees' work authorization expired. What is the most significant compliance risk?
- The employer faces automatic criminal prosecution
- The employer may be liable for knowingly continuing to employ individuals without verified work authorization, resulting in civil penalties (Correct answer)
- USCIS will revoke all pending petitions for that employer
- The affected employees must be immediately terminated by law
Correct answer: The employer may be liable for knowingly continuing to employ individuals without verified work authorization, resulting in civil penalties
Failure to reverify expiring work authorization may constitute a 'knowing' continued employment violation under INA §274A, carrying escalating civil money penalties.
CGMP Migration Risk Assessment & Management 3
Which document is the primary evidence a US employer must retain to demonstrate I-9 compliance during a Department of Homeland Security (DHS) audit?