CGMP Migration Risk Assessment & Management 3

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?

Accepted Answer

A completed and properly retained Form I-9 for each employee

Answer

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?

Accepted Answer

A violation of Department of Labor LCA public access file requirements, exposing the employer to back wages and debarment

Answer

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?

Accepted Answer

CBP records may show an overstay, which could result in future inadmissibility findings at the border

Answer

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?

Accepted Answer

Developing a workforce contingency plan including alternative visa categories and domestic talent pipelines

Answer

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?

Accepted Answer

The EB-1C green card pathway for L-1A holders is subject to extremely long priority date backlogs for China-born individuals

Answer

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.

(CGMP) Certified Global Migration Professional Practice Test

(CGMP) Certified Global Migration Professional Practice Test

CGMP Migration Risk Assessment & Management 3