IFS Employment-Based Immigration 5 — Questions and Answers
Question 1: Which form is filed to request a National Interest Waiver under the EB-2 category?
- Form I-140 with supporting NIW documentation (Correct answer)
- Form I-360
- Form ETA-9089
- Form I-526
Correct answer: Form I-140 with supporting NIW documentation
NIW petitions are filed on Form I-140 along with evidence meeting the three-prong Dhanasar framework.
Question 2: Under the Matter of Dhanasar framework for NIW petitions, which of the following is NOT one of the three required prongs?
- The petitioner has received a permanent job offer from a U.S. employer (Correct answer)
- The proposed endeavor has substantial merit and national importance
- The petitioner is well-positioned to advance the proposed endeavor
- On balance, it would be beneficial to the U.S. to waive the job offer requirement
Correct answer: The petitioner has received a permanent job offer from a U.S. employer
NIW is specifically designed to eliminate the job offer requirement, so having a permanent job offer is not a prong — it is waived.
Question 3: An employer files a PERM application. After approval, how long does the employer have to file the I-140 petition to use that approved labor certification?
- 180 days (Correct answer)
- 1 year
- 90 days
- 2 years
Correct answer: 180 days
An approved ETA-9089 labor certification is valid for 180 days during which the employer must file the I-140 petition.
Question 4: Which employment-based category requires creation of at least 10 full-time jobs for qualifying U.S. workers?
- EB-5 (Correct answer)
- EB-4
- EB-3
- EB-2 NIW
Correct answer: EB-5
EB-5 immigrant investors must demonstrate their investment will create at least 10 full-time positions for qualifying U.S. workers.
Question 5: A beneficiary of an approved I-140 petition may retain the original priority date even if switching to a new employer or new I-140 petition, provided the original I-140 was:
- Approved and not revoked due to fraud or misrepresentation (Correct answer)
- Pending for at least 180 days
- Filed in the EB-1 category
- Accompanied by a labor certification
Correct answer: Approved and not revoked due to fraud or misrepresentation
Priority date retention is allowed when the original I-140 was approved and was not revoked for fraud, misrepresentation, or because the petition was invalid.
Question 6: What is the purpose of the ETA Form 9141 in the employment-based immigration process?
- To request a Prevailing Wage Determination from the OFLC before filing PERM (Correct answer)
- To file the PERM labor certification application
- To notify DOL of a layoff before hiring a foreign worker
- To appeal a denied PERM application
Correct answer: To request a Prevailing Wage Determination from the OFLC before filing PERM
ETA Form 9141 is the Application for Prevailing Wage Determination, submitted to the OFLC to obtain the required wage level before PERM recruitment.
Question 7: Which of the following correctly describes the EB-3 'Professionals' subcategory?
- Positions requiring at least a U.S. baccalaureate degree or foreign equivalent (Correct answer)
- Positions requiring a master's degree or exceptional ability
- Positions requiring less than 2 years of training
- Positions for outstanding researchers with 3 years of experience
Correct answer: Positions requiring at least a U.S. baccalaureate degree or foreign equivalent
EB-3 Professionals covers members of the professions whose jobs require at least a baccalaureate degree or equivalent.
IFS Employment-Based Immigration 5
Which form is filed to request a National Interest Waiver under the EB-2 category?