IFS Immigration Law Fundamentals & Policy 3

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?

Accepted Answer

60 days

Answer

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?

Accepted Answer

The doctrine preventing federal courts from reviewing a consular officer's visa denial

Answer

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?

Accepted Answer

EB-2

Answer

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?

Accepted Answer

It establishes the applicant's place in the immigrant visa queue

Answer

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?

Accepted Answer

ESTA (Electronic System for Travel Authorization)

Answer

Travelers from VWP countries must obtain pre-travel authorization through ESTA before entering the U.S. under the program.

(IFS) Immigration Forms Specialist Certified Practice Test

(IFS) Immigration Forms Specialist Certified Practice Test

IFS Immigration Law Fundamentals & Policy 3