IFS Immigration Law Fundamentals & Policy 3 — Questions and Answers
Question 1: An H-1B worker is laid off by their sponsoring employer. How long do they typically have to find a new H-1B employer or change status before falling out of status?
- 30 days
- 60 days (Correct answer)
- 90 days
- 180 days
Correct answer: 60 days
USCIS policy provides a 60-day grace period for H-1B workers who lose their jobs, during which they may seek new employment or change status without accruing unlawful presence.
Question 2: What is 'consular nonreviewability' in the context of U.S. immigration law?
- The rule that immigration judges cannot review USCIS decisions
- The doctrine preventing federal courts from reviewing a consular officer's visa denial (Correct answer)
- The policy prohibiting appeals of removal orders to circuit courts
- USCIS's authority to deny a case without stating reasons
Correct answer: The doctrine preventing federal courts from reviewing a consular officer's visa denial
The doctrine of consular nonreviewability generally prevents U.S. courts from reviewing a consular officer's decision to deny a visa application.
Question 3: Under the INA, which preference category is reserved for immigrants who are members of professions holding advanced degrees or aliens of exceptional ability?
- EB-1
- EB-2 (Correct answer)
- EB-3
- EB-4
Correct answer: EB-2
The EB-2 preference category covers professionals with advanced degrees and aliens of exceptional ability in sciences, arts, or business.
Question 4: What is the significance of the 'priority date' in employment-based and family-based immigration?
- It is the date by which the applicant must submit biometrics
- It is the date the USCIS fee was received
- It establishes the applicant's place in the immigrant visa queue (Correct answer)
- It is the deadline for the employer to complete the PERM process
Correct answer: It establishes the applicant's place in the immigrant visa queue
The priority date establishes an applicant's place in line for an immigrant visa and is typically the date the underlying petition was filed.
Question 5: Which form is used to apply for a nonimmigrant visa waiver under the Visa Waiver Program (VWP) when traveling to the United States?
- DS-160
- I-94
- ESTA (Electronic System for Travel Authorization) (Correct answer)
- I-192
Correct answer: ESTA (Electronic System for Travel Authorization)
Travelers from VWP countries must obtain pre-travel authorization through ESTA before entering the U.S. under the program.
Question 6: Under INA § 245(i), certain individuals unlawfully present in the U.S. may still adjust status if they pay a penalty fee and meet which key requirement?
- They must have a U.S. citizen child who is at least 18
- They must have been the beneficiary of a petition filed on or before April 30, 2001 (Correct answer)
- They must have resided continuously in the U.S. for at least 10 years
- They must have a clean criminal record with no arrests
Correct answer: They must have been the beneficiary of a petition filed on or before April 30, 2001
INA § 245(i) allows adjustment despite bars like entry without inspection if the alien is the beneficiary of a petition filed by April 30, 2001, and pays a $1,000 penalty.
Question 7: What is the legal effect of a 'final order of removal' on a foreign national's ability to reenter the United States?
- It creates a 3-year bar from reentry
- It permanently bars reentry unless a waiver is obtained
- It triggers a 10-year bar and requires prior consent to reapply (Correct answer)
- It results in a 5-year bar for first-time removals
Correct answer: It triggers a 10-year bar and requires prior consent to reapply
Under INA § 212(a)(9)(A), aliens removed pursuant to a final order are barred for 10 years (20 years for a second removal) and must obtain permission to reapply before returning.
IFS Immigration Law Fundamentals & Policy 3
An H-1B worker is laid off by their sponsoring employer.
How long do they typically have to find a new H-1B employer or change status before falling out of status?