IFS Employment-Based Immigration 3 — Questions and Answers
Question 1: A multinational manager seeking an EB-1C green card must have worked for the overseas affiliate for at least how long in the past 3 years?
- 1 year (Correct answer)
- 6 months
- 2 years
- 18 months
Correct answer: 1 year
EB-1C requires the beneficiary to have been employed by the overseas entity for at least 1 year within the 3 years preceding the petition.
Question 2: What is the purpose of the Prevailing Wage Determination (PWD) in the PERM labor certification process?
- To ensure the offered wage meets or exceeds the minimum wage for the occupation and location (Correct answer)
- To determine the alien's current salary abroad
- To set the maximum wage an employer can offer
- To calculate the PERM filing fee
Correct answer: To ensure the offered wage meets or exceeds the minimum wage for the occupation and location
The PWD establishes the minimum wage that must be offered so U.S. workers are not undercut by lower wages offered to foreign workers.
Question 3: Under AC21 portability, an employment-based adjustment of status applicant can change jobs or employers if the I-485 has been pending for at least how long?
- 180 days (Correct answer)
- 90 days
- 1 year
- 6 months
Correct answer: 180 days
AC21 allows I-485 portability after 180 days if the new job is in the same or similar occupational classification.
Question 4: Which form does a foreign national use to apply for adjustment of status to lawful permanent resident inside the United States?
- Form I-485 (Correct answer)
- Form I-140
- Form DS-260
- Form I-765
Correct answer: Form I-485
Form I-485, Application to Register Permanent Residence or Adjust Status, is filed by those seeking a green card from within the U.S.
Question 5: A Schedule A occupation bypasses the PERM labor certification requirement. Which of the following is currently a Schedule A Group I occupation?
- Physical therapists and registered nurses (Correct answer)
- Software engineers and architects
- Accountants and auditors
- Teachers and professors
Correct answer: Physical therapists and registered nurses
Schedule A Group I pre-certifies physical therapists and registered nurses, allowing their employers to skip the PERM process.
Question 6: What happens to an approved I-140 petition if the sponsoring employer goes out of business after the petition is approved?
- The approved I-140 remains valid if the beneficiary's I-485 has been pending for 180+ days (Correct answer)
- The I-140 is automatically revoked
- USCIS automatically transfers the petition to a new employer
- The beneficiary must file a new I-140 immediately
Correct answer: The approved I-140 remains valid if the beneficiary's I-485 has been pending for 180+ days
Under AC21, an approved I-140 survives employer withdrawal or business closure if the I-485 has been pending at least 180 days.
Question 7: In the employment-based immigration context, what is a 'priority date'?
- The date USCIS or DOL received the underlying labor certification or I-140 petition (Correct answer)
- The date the foreign worker signed the job offer letter
- The date the visa number becomes available
- The date the alien entered the United States
Correct answer: The date USCIS or DOL received the underlying labor certification or I-140 petition
The priority date is typically the date the PERM application or I-140 was filed, establishing the alien's place in the visa queue.
IFS Employment-Based Immigration 3
A multinational manager seeking an EB-1C green card must have worked for the overseas affiliate for at least how long in the past 3 years?