IFS Employment-Based Immigration 5

Question 1

Which form is filed to request a National Interest Waiver under the EB-2 category?

Accepted Answer

Form I-140 with supporting NIW documentation

Answer

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?

Accepted Answer

The petitioner has received a permanent job offer from a U.S. employer

Answer

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?

Accepted Answer

180 days

Answer

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?

Accepted Answer

EB-5

Answer

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:

Accepted Answer

Approved and not revoked due to fraud or misrepresentation

Answer

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.

(IFS) Immigration Forms Specialist Certified Practice Test

(IFS) Immigration Forms Specialist Certified Practice Test

IFS Employment-Based Immigration 5