CGMP Migration Risk Assessment & Management 5 — Questions and Answers
Question 1: A company is implementing a global immigration risk register. Which element is most critical to include for each identified immigration risk?
- The name of the immigration attorney assigned to each case
- The likelihood and potential impact of each risk, along with the designated risk owner and mitigation actions (Correct answer)
- A historical log of all past immigration violations by the company
- The cost of premium processing for each pending petition
Correct answer: The likelihood and potential impact of each risk, along with the designated risk owner and mitigation actions
A risk register must quantify likelihood and impact, assign accountability through risk owners, and document actionable mitigation steps for each identified risk.
Question 2: A company's global assignment policy does not address immigration compliance obligations for short-term business travelers. What is the most significant risk this gap creates?
- Employees may book their own flights without company approval
- Business travelers may inadvertently engage in activities that exceed permitted B-1 or visa-on-arrival scope, triggering work permit violations (Correct answer)
- The company loses eligibility for the E-3 visa category
- HR cannot process expense reimbursements without a formal policy
Correct answer: Business travelers may inadvertently engage in activities that exceed permitted B-1 or visa-on-arrival scope, triggering work permit violations
Without clear guidance, business travelers may perform unauthorized work — such as providing services or generating local income — violating host-country work permit regulations.
Question 3: Which of the following best describes the 'willful violator' standard under INA §274A governing I-9 compliance?
- Any employer who has committed more than five I-9 errors
- An employer who knew or acted with reckless disregard for the legal requirement to verify employment authorization (Correct answer)
- An employer who failed to use E-Verify in a mandatory state
- An employer whose attorney filed incorrect forms on their behalf
Correct answer: An employer who knew or acted with reckless disregard for the legal requirement to verify employment authorization
A willful violator under INA §274A is one who knew or showed reckless disregard for the requirement, which subjects the employer to higher civil money penalties.
Question 4: A multinational company is assessing the immigration risk of posting an employee to a country where political instability has significantly increased. Which risk management action is most appropriate?
- Canceling all international assignments company-wide
- Conducting a country-specific risk assessment and developing an emergency repatriation plan (Correct answer)
- Requiring the employee to obtain dual citizenship before the assignment
- Transferring the employee's sponsorship to a local subsidiary
Correct answer: Conducting a country-specific risk assessment and developing an emergency repatriation plan
A country-specific risk assessment combined with a repatriation contingency plan addresses duty-of-care obligations and enables an organized response to deteriorating conditions.
Question 5: An H-1B employee has been placed on a Performance Improvement Plan (PIP) and placed on unpaid leave by their employer. Which immigration risk is most immediate?
- The employee's I-94 is automatically invalidated
- Unpaid leave may constitute a failure to maintain H-1B status if the employer is not paying the required LCA wage (Correct answer)
- The employee must notify USCIS within 10 days of any pay change
- The employer must file an amended H-1B petition before the PIP begins
Correct answer: Unpaid leave may constitute a failure to maintain H-1B status if the employer is not paying the required LCA wage
H-1B regulations require employers to pay the LCA-required wage; placing an employee on unpaid leave without a bona fide reason can constitute a failure to maintain status.
Question 6: A global employer's immigration team is conducting a proactive audit and discovers that several employees are working on expired OPT EADs while their STEM OPT extension applications are pending. What is the compliance status?
- This is an unauthorized employment violation requiring immediate termination
- Employees with a timely-filed STEM OPT extension application receive an automatic 180-day cap-gap extension of work authorization (Correct answer)
- The employer must file an H-1B bridge petition immediately
- STEM OPT extensions do not provide gap coverage and work must cease
Correct answer: Employees with a timely-filed STEM OPT extension application receive an automatic 180-day cap-gap extension of work authorization
A timely-filed STEM OPT extension provides a 180-day automatic extension of the original OPT EAD, allowing continued employment during pending adjudication.
Question 7: A CGMP is advising a company that has received a Notice of Inspection (NOI) from ICE for I-9 records. What is the most critical first step in the response plan?
- Immediately terminate all employees whose I-9 documents appear questionable
- Preserve all I-9 records and related documents in their current state and engage experienced immigration counsel without delay (Correct answer)
- Submit voluntary disclosure to USCIS before the inspection date
- Create corrected I-9 forms for all identified errors before producing records to ICE
Correct answer: Preserve all I-9 records and related documents in their current state and engage experienced immigration counsel without delay
Upon receiving an NOI, employers must preserve the integrity of their records and obtain legal counsel immediately, as altering documents after notice can constitute obstruction.
CGMP Migration Risk Assessment & Management 5
A company is implementing a global immigration risk register.
Which element is most critical to include for each identified immigration risk?