IFS Employment-Based Immigration 2 — Questions and Answers
Question 1: Which employment-based preference category is reserved for workers with extraordinary ability in sciences, arts, education, business, or athletics?
- EB-1A (Correct answer)
- EB-1B
- EB-2 NIW
- EB-3
Correct answer: EB-1A
EB-1A is for individuals with extraordinary ability who can self-petition without an employer sponsor.
Question 2: What form is used to file an Immigrant Petition for Alien Workers for EB-1, EB-2, and EB-3 categories?
- Form I-140 (Correct answer)
- Form I-130
- Form I-360
- Form I-526
Correct answer: Form I-140
Form I-140 is the Immigrant Petition for Alien Workers filed by employers (or self-petitioners in certain categories).
Question 3: An EB-2 National Interest Waiver (NIW) allows a foreign national to bypass the PERM labor certification requirement. Which agency adjudicates NIW petitions?
- USCIS (Correct answer)
- DOL
- DOS
- OFLC
Correct answer: USCIS
NIW petitions are filed on Form I-140 and adjudicated by USCIS, not the Department of Labor.
Question 4: Under the EB-3 category, which subcategory requires a job that requires less than 2 years of training or experience?
- Unskilled workers (Other Workers) (Correct answer)
- Skilled workers
- Professionals
- Extraordinary workers
Correct answer: Unskilled workers (Other Workers)
The 'Other Workers' subcategory of EB-3 covers unskilled positions requiring fewer than 2 years of training or experience.
Question 5: What is the annual per-country limit that applies to employment-based visas?
- 7% of the total EB visa numbers (Correct answer)
- 10% of the total EB visa numbers
- 5% of the total EB visa numbers
- No per-country limits apply
Correct answer: 7% of the total EB visa numbers
The per-country cap is 7% of the worldwide employment-based visa limit per fiscal year.
Question 6: Which EB preference category covers outstanding professors and researchers who have at least 3 years of teaching or research experience?
- EB-1B (Correct answer)
- EB-1A
- EB-1C
- EB-2
Correct answer: EB-1B
EB-1B is for outstanding professors and researchers with international recognition and at least 3 years of relevant experience.
Question 7: When an employer files a PERM application with the DOL and it is audited, what must the employer provide?
- Recruitment documentation supporting the application (Correct answer)
- A signed contract with the foreign worker
- A new job offer letter
- An updated Form I-140
Correct answer: Recruitment documentation supporting the application
During a PERM audit, the employer must submit recruitment documentation showing no qualified U.S. workers were available for the position.
IFS Employment-Based Immigration 2
Which employment-based preference category is reserved for workers with extraordinary ability in sciences, arts, education, business, or athletics?