IFS Immigration Law Fundamentals & Policy 5 — Questions and Answers
Question 1: Under INA § 101(a)(15)(L), which of the following is NOT a requirement for L-1 intracompany transferee status?
- The alien must have worked for the foreign employer for at least one year within the past three years
- The position in the U.S. must be in a managerial, executive, or specialized knowledge capacity
- The alien must have a college degree or its equivalent (Correct answer)
- The U.S. and foreign entities must have a qualifying relationship such as parent, subsidiary, or affiliate
Correct answer: The alien must have a college degree or its equivalent
The L-1 category does not require a college degree; it requires specialized knowledge, managerial, or executive capacity and at least one year of qualifying employment abroad.
Question 2: What is the 'public charge' ground of inadmissibility and which benefit programs are considered in its assessment?
- Any use of public benefits makes an alien inadmissible; even emergency Medicaid is counted
- It evaluates the likelihood of becoming primarily dependent on the government, considering factors like income, age, and health (Correct answer)
- It only applies to refugees and asylees seeking adjustment of status
- It bars entry of aliens who have ever received food stamps (SNAP) in another country
Correct answer: It evaluates the likelihood of becoming primarily dependent on the government, considering factors like income, age, and health
The public charge ground requires a totality-of-circumstances test evaluating likelihood of primary dependence on government cash assistance or long-term institutionalized care.
Question 3: A U.S. citizen petitions for their sibling (brother) who is a citizen of a heavily backlogged country. The sibling's adult child wants to immigrate as a derivative. Is this possible?
- Yes, adult children can always derive status from a parent's petition
- No, derivative status under F4 is limited to spouses and unmarried children under 21 (Correct answer)
- Yes, but only if the adult child files a separate I-130 simultaneously
- No, because siblings are not eligible to petition for anyone
Correct answer: No, derivative status under F4 is limited to spouses and unmarried children under 21
Derivative beneficiaries must be unmarried and under 21 at the time of adjustment or visa issuance; adult children must have their own separate petition filed.
Question 4: Which form must a petitioner file to classify a foreign national worker under the EB-1C (multinational manager or executive) category?
- Form I-140 with EB-1C classification (Correct answer)
- Form I-129 with an L-1 extension request
- Form ETA-9089 (PERM labor certification)
- Form I-360 (special immigrants petition)
Correct answer: Form I-140 with EB-1C classification
The EB-1C petition is filed on Form I-140, Immigrant Petition for Alien Workers, and does not require a PERM labor certification.
Question 5: What is 'unlawful presence' under INA § 212(a)(9)(B) and when does the 3-year bar begin?
- Unlawful presence begins on the date of entry and the 3-year bar begins after 90 days of overstay
- Unlawful presence of more than 180 days but less than 1 year triggers a 3-year bar upon departure from the U.S. (Correct answer)
- Any unlawful presence triggers the 3-year bar regardless of how long the alien remained
- Unlawful presence only accrues after USCIS sends an official notice of overstay
Correct answer: Unlawful presence of more than 180 days but less than 1 year triggers a 3-year bar upon departure from the U.S.
Under INA § 212(a)(9)(B), accruing more than 180 days but less than one year of unlawful presence and then departing triggers a 3-year bar from reentry.
Question 6: When an immigration judge orders removal 'in absentia,' what must USCIS or DHS demonstrate to uphold the order?
- That the alien was physically served with a Notice to Appear at the hearing location
- That written notice of the hearing was provided to the alien or their attorney and the alien failed to appear (Correct answer)
- That the alien had previously been detained and released on bond
- That the alien had signed an acknowledgment of the hearing date
Correct answer: That written notice of the hearing was provided to the alien or their attorney and the alien failed to appear
An in absentia removal order requires proof that the alien received written notice of the hearing (or their attorney did) and failed to appear without exceptional circumstances.
Question 7: What is the 'dual intent' doctrine in U.S. immigration law and which visa category most commonly relies on it?
- The doctrine that an alien can hold both immigrant and nonimmigrant intent simultaneously; most commonly used for H-1B and L-1 visas (Correct answer)
- The doctrine allowing an alien to have two simultaneous nonimmigrant statuses
- The rule permitting a visa holder to work for two different employers at once
- The policy allowing both spouses in a marriage to petition for each other
Correct answer: The doctrine that an alien can hold both immigrant and nonimmigrant intent simultaneously; most commonly used for H-1B and L-1 visas
The dual intent doctrine allows H-1B and L-1 holders to maintain immigrant intent (pursue a green card) while in valid nonimmigrant status, unlike B or F visa holders.
IFS Immigration Law Fundamentals & Policy 5
Under INA § 101(a)(15)(L), which of the following is NOT a requirement for L-1 intracompany transferee status?