IFS Visa Classification & Eligibility 4 — Questions and Answers
Question 1: Which immigrant visa category is reserved for EB-5 investors and what is the standard minimum investment amount in a targeted employment area?
- $500,000 in a TEA, or $1 million elsewhere
- $800,000 in a TEA, or $1,050,000 elsewhere (Correct answer)
- $1 million flat regardless of location
- $250,000 in a rural TEA, $500,000 in urban areas
Correct answer: $800,000 in a TEA, or $1,050,000 elsewhere
After the EB-5 Reform and Integrity Act of 2022, the minimum investment in a targeted employment area is $800,000, and $1,050,000 outside a TEA, with periodic inflation adjustments.
Question 2: A person admitted to the U.S. as a J-1 exchange visitor subject to the two-year foreign residence requirement is generally barred from adjusting to which status without a waiver?
- F-1 student status
- H or L nonimmigrant status and immigrant status (Correct answer)
- B-2 visitor status
- TN professional status
Correct answer: H or L nonimmigrant status and immigrant status
J-1 holders subject to the INA §212(e) two-year home residency requirement cannot change to H or L status or apply for an immigrant visa/adjustment without first fulfilling the requirement or obtaining a waiver.
Question 3: Which visa classification allows spouses of certain H-1B holders with approved immigrant visa petitions to obtain employment authorization?
- H-4A EAD
- H-4 EAD (Correct answer)
- H-5 derivative EAD
- H-1C spousal work permit
Correct answer: H-4 EAD
H-4 EAD allows spouses of H-1B holders who have an approved I-140 or have been granted H-1B extensions beyond 6 years to apply for employment authorization.
Question 4: A TN visa holder who wants to change employers must do which of the following?
- File an H-1B transfer petition with USCIS
- Simply start work with the new employer immediately
- Have the new employer obtain a new TN at the border or consulate, or file a change of status with USCIS (Correct answer)
- Obtain an EAD card from USCIS before starting the new job
Correct answer: Have the new employer obtain a new TN at the border or consulate, or file a change of status with USCIS
A TN status holder who changes employers must either seek new TN admission at a port of entry or Canadian/Mexican consulate with a new offer letter, or file an I-539/I-129 change of status with USCIS.
Question 5: Which of the following best describes 'dual intent' as it applies to H-1B and L-1 visa holders?
- The ability to work two jobs simultaneously on one visa
- The ability to hold a nonimmigrant visa while simultaneously pursuing lawful permanent residence (Correct answer)
- The intent to apply for both a work visa and a tourist visa at the same time
- The ability to travel on two different visas from two countries
Correct answer: The ability to hold a nonimmigrant visa while simultaneously pursuing lawful permanent residence
Dual intent allows H-1B and L-1 holders to maintain nonimmigrant status while simultaneously pursuing permanent residence (a green card) without being denied admission based on immigrant intent.
Question 6: An O-1B visa is designated for which class of alien?
- Aliens of extraordinary ability in sciences, education, business, or athletics
- Aliens of extraordinary achievement in motion picture or television
- Aliens with exceptional ability in the arts, motion picture, or TV industry (Correct answer)
- Athletes with extraordinary ability in Olympic sports only
Correct answer: Aliens with exceptional ability in the arts, motion picture, or TV industry
O-1B is for aliens who have extraordinary achievement in motion picture or television, or extraordinary ability in the arts (not sciences/business/athletics, which fall under O-1A).
Question 7: Which immigrant visa preference category does NOT require a labor certification (PERM)?
- EB-2 for advanced degree professionals
- EB-3 for skilled workers
- EB-1 for priority workers (Correct answer)
- EB-3 for unskilled workers
Correct answer: EB-1 for priority workers
EB-1 priority workers (extraordinary ability, outstanding professors/researchers, and multinational managers/executives) are exempt from the PERM labor certification requirement.
IFS Visa Classification & Eligibility 4
Which immigrant visa category is reserved for EB-5 investors and what is the standard minimum investment amount in a targeted employment area?