CIS Immigration Laws & Regulations 2 — Questions and Answers
Question 1: Under INA § 201(c), what is the minimum annual allocation for family-sponsored preference immigrants?
- 226,000 (Correct answer)
- 140,000
- 480,000
- 55,000
Correct answer: 226,000
INA § 201(c) establishes a floor of 226,000 family preference visas per year, regardless of how many immediate relatives use visas.
Question 2: What does the 'final action date' on the DOS Visa Bulletin signify?
- The deadline to file an adjustment application
- The earliest priority date for which a visa number is immediately available (Correct answer)
- The date USCIS approves a preference petition
- The expiration date of an immigrant visa
Correct answer: The earliest priority date for which a visa number is immediately available
The final action date is the cut-off priority date on or before which USCIS or a consulate can take final action on an immigrant visa application.
Question 3: Which employment-based preference category is reserved for aliens of extraordinary ability in sciences, arts, education, business, or athletics?
- EB-2 NIW
- EB-1A (Correct answer)
- O-1A nonimmigrant
- EB-3 skilled worker
Correct answer: EB-1A
The EB-1A category under INA § 203(b)(1)(A) is for aliens of extraordinary ability and requires no employer sponsorship or labor certification.
Question 4: Nationals of which type of countries are INELIGIBLE to participate in the Diversity Visa (DV) Lottery?
- Countries classified as state sponsors of terrorism
- Countries whose nationals sent more than 50,000 immigrants to the US in the prior 5 years (Correct answer)
- Countries lacking diplomatic relations with the US
- Countries with active travel bans in effect
Correct answer: Countries whose nationals sent more than 50,000 immigrants to the US in the prior 5 years
Under INA § 203(c)(1)(E), high-admission countries—those sending more than 50,000 immigrants over the past 5 fiscal years—are barred from DV participation.
Question 5: Which INA section establishes the preference system for employment-based immigration?
- INA § 203(b) (Correct answer)
- INA § 201(a)
- INA § 214(b)
- INA § 245(a)
Correct answer: INA § 203(b)
INA § 203(b) sets out the five employment-based preference categories and their annual numerical allocations.
Question 6: In the context of immigrant visa processing, what does a beneficiary's 'priority date' represent?
- The date the beneficiary first entered the US on any visa
- The date the underlying petition or labor certification was filed (Correct answer)
- The date USCIS issued an approval notice
- The date of the consular interview appointment
Correct answer: The date the underlying petition or labor certification was filed
The priority date is established when an immigrant petition or PERM labor certification is filed, and it determines a beneficiary's place in the visa queue.
Question 7: The F-2A family preference category covers which group of beneficiaries?
- Unmarried sons and daughters of LPRs age 21 or older
- Spouses and unmarried children under age 21 of LPRs (Correct answer)
- Married sons and daughters of US citizens
- Brothers and sisters of adult US citizens
Correct answer: Spouses and unmarried children under age 21 of LPRs
F-2A under INA § 203(a)(2)(A) covers spouses and children (under 21) of lawful permanent residents, giving them a preference visa with lower wait times than F-2B.
CIS Immigration Laws & Regulations 2
Under INA § 201(c), what is the minimum annual allocation for family-sponsored preference immigrants?