CIS CIS Employment-Based Immigration 2 — Questions and Answers
Question 1: What minimum investment amount is generally required for an EB-5 Immigrant Investor visa in a Targeted Employment Area (TEA)?
- $800,000 (Correct answer)
- $500,000
- $1,000,000
- $1,500,000
Correct answer: $800,000
As of March 15, 2022, the minimum EB-5 investment in a Targeted Employment Area is $800,000, while the standard minimum is $1,050,000.
Question 2: What is an H-1B visa primarily used for?
- Specialty occupation workers in fields requiring at least a bachelor's degree (Correct answer)
- Agricultural workers on temporary seasonal contracts
- Intracompany transferees at the manager level
- Employees with extraordinary ability in arts or athletics
Correct answer: Specialty occupation workers in fields requiring at least a bachelor's degree
The H-1B visa is for workers in specialty occupations that normally require a minimum of a U.S. bachelor's degree or equivalent in a specific specialty.
Question 3: Under AC21 portability provisions, an I-485 applicant may change employers if the application has been pending for at least how long?
- 180 days (Correct answer)
- 90 days
- 365 days
- 60 days
Correct answer: 180 days
Under the American Competitiveness in the Twenty-First Century Act (AC21), an I-485 applicant can change to a same or similar job after the I-485 has been pending for 180 days.
Question 4: Which nonimmigrant visa category allows L-1A intracompany transferees to transfer to the U.S. in what capacity?
- Manager or executive (Correct answer)
- Specialized knowledge worker
- Extraordinary ability artist
- Treaty trader or investor
Correct answer: Manager or executive
The L-1A visa is for intracompany transferees coming to the U.S. in a managerial or executive capacity from a related foreign employer.
Question 5: What is the maximum initial period of stay for an H-1B worker?
- 3 years (Correct answer)
- 1 year
- 5 years
- 6 months
Correct answer: 3 years
An H-1B visa is initially granted for up to 3 years and can be extended for an additional 3 years, for a maximum of 6 years in most cases.
Question 6: Which employer obligation is triggered when an H-1B employee is placed in non-productive status (benching)?
- Continued payment of the required wage (Correct answer)
- Filing an amended H-1B petition
- Notifying USCIS within 30 days
- Canceling the Labor Condition Application
Correct answer: Continued payment of the required wage
Employers must continue paying H-1B workers the required wage even during non-productive periods, except when the employee initiates the non-productive status.
CIS CIS Employment-Based Immigration 2
What minimum investment amount is generally required for an EB-5 Immigrant Investor visa in a Targeted Employment Area (TEA)?