IFS Employment-Based Immigration 4 — Questions and Answers
Question 1: Which government agency publishes the Visa Bulletin that indicates which priority dates are current for employment-based immigrants?
- U.S. Department of State (Correct answer)
- USCIS
- DOL
- DHS
Correct answer: U.S. Department of State
The Department of State publishes the monthly Visa Bulletin listing the cutoff dates for each preference category and country.
Question 2: An H-1B worker's employer files an I-140 on their behalf and it is approved. The worker then receives an offer from a new company. Under AC21, what must the new job be?
- Same or similar occupational classification as the original I-140 job (Correct answer)
- Identical job title and duties
- In the same state as the original position
- Offering a higher salary than the original position
Correct answer: Same or similar occupational classification as the original I-140 job
AC21 portability requires the new position to be in the same or a similar occupational classification, not necessarily identical.
Question 3: What is the main purpose of the PERM (Program Electronic Review Management) system?
- To electronically process labor certification applications filed by employers (Correct answer)
- To track H-1B cap registrations
- To adjudicate I-140 petitions
- To issue priority dates for EB immigrants
Correct answer: To electronically process labor certification applications filed by employers
PERM is the DOL's electronic system for processing employer applications for alien labor certification (ETA Form 9089).
Question 4: Which of the following correctly describes the EB-4 immigrant preference category?
- Special immigrants, including certain religious workers and broadcasters (Correct answer)
- Skilled workers and professionals
- Investors and entrepreneurs
- Outstanding professors and researchers
Correct answer: Special immigrants, including certain religious workers and broadcasters
EB-4 covers special immigrants such as religious workers, certain broadcasters, Iraqi/Afghan nationals who assisted U.S. forces, and others.
Question 5: An employer is required to place a job order with the State Workforce Agency (SWA) during the PERM process. How long must this job order run?
- 30 days (Correct answer)
- 10 days
- 60 days
- 90 days
Correct answer: 30 days
The regulations require the SWA job order to be placed for a 30-day period as part of the mandatory PERM recruitment steps.
Question 6: What is the significance of the 'Final Action Date' (FAD) column in the Visa Bulletin versus the 'Dates for Filing' (DFF) column?
- FAD is when a visa can actually be issued; DFF is when an applicant may file I-485 if USCIS accepts it (Correct answer)
- FAD is the employer's filing date; DFF is when the petition is approved
- FAD determines the employer's recruitment timeline; DFF sets the PERM deadline
- FAD and DFF are interchangeable terms in the Visa Bulletin
Correct answer: FAD is when a visa can actually be issued; DFF is when an applicant may file I-485 if USCIS accepts it
The Final Action Date governs when a visa number is actually available, while the Dates for Filing column (when USCIS accepts it) allows early I-485 filing.
Question 7: An EB-5 immigrant investor must invest a minimum capital amount in a Targeted Employment Area (TEA). What is the minimum investment threshold in a TEA?
- $800,000 (Correct answer)
- $500,000
- $1,050,000
- $1,000,000
Correct answer: $800,000
After the EB-5 Reform and Integrity Act of 2022, the TEA minimum investment is $800,000, and the standard minimum is $1,050,000.
IFS Employment-Based Immigration 4
Which government agency publishes the Visa Bulletin that indicates which priority dates are current for employment-based immigrants?