Immigrant Visas (Employment)

Question 1

Primary goals of EB visas

Answer 1

• address labor shortages
• avoid harm to US workers
• benefit US economy

Question 2

Four questions for someone seeking EB

Answer 2

• Fit into 1/5 preference categories?
• Is labor cert required?
• Can you get labor cert?
• What is waiting time for priority date?

Question 3

What is labor certification

Answer 3

DOL pre-approval process

Question 4

Requirements for labor cert

Answer 4

• Not sufficient US workers able and willing at place where labor performed
• won’t adversely affect wages and conditions of similar US workers

Question 5

How are labor certs done

Answer 5

employer attestations with some audits

Question 6

If labor cert is required the employer must ___ before filing for immigrant visa

Answer 6

• advertise job offering prevailing wage

Question 7

Exception for labor certification

Answer 7

• Schedule A jobs (govt decides some jobs under-supplied)
• get national interest waiver

Question 8

Examples of Schedule A jobs

Answer 8

• nurses
• physical therapists
• aliens with exceptional ability in arts and sciences

Question 9

Under DOL regulations, unduly restrictive job requirements __

Answer 9

showing of business necessity

Question 10

Grounds for business necessity

Answer 10

• other than those normally required for job in US
• Exceed requirements in DOT
• Include a foreign language
• Combination of Duties
• Live in Requirement

Question 11

Three types of EB-1 visa

Answer 11

• extraordinary ability and sustained international/national acclaim
• outstanding researchers/professors
• certain multinational executives

Question 12

If extraordinary ability under EB-1 you don’t need __

Answer 12

job offer or labor cert

Question 13

You can show extraordinary ability with ___

Answer 13

one-time achievement (Oscar/Pulitzer/Olympic)

Question 14

If EB-1 as a researcher you need ___

Answer 14

• job offer
• proof of international recognition
• at least 3 years experience in that area

Question 15

2 types of EB-2 visa

Answer 15

• exceptional ability
• advanced degree + 5 years post-grad experience

Question 16

If get EB-2 under degree/experience you must __

Answer 16

have job offer that needs abilities from degree

Question 17

___ is required for all EB-2 workers unless __

Answer 17

Labor cert, NIW

Question 18

Requirements for NIW

Answer 18

• employment in area with intrinsic merit
• labor shortage national in scope
• national interest adversely affected if employer required to do labor cert

Question 19

What is EB-3 visa

Answer 19

• skilled workers without advanced degrees
• Work requires bachelors + member of the professions
• unskilled labor that is not temporary

Question 20

For EB-3 you must __

Answer 20

get labor cert (no waiver)

Question 21

EB-3 visas have __

Answer 21

numerical cap of 10k

Question 22

EB-4 visas are __

Answer 22

catch all not aimed at labor shortages

Question 23

EB-5 visas are for __

Answer 23

immigrant investors

Question 24

EB-5 requirements

Answer 24

• 1.8 million or 900k in targeted employment area
• create at least 10 American jobs
• 2 year conditional status to avoid fraud

Question 25

Matter of Marion Graham held that a business ___

Answer 25

can include business of running a household

Question 26

Matter of Marion Graham held that the live in requirement ___

Answer 26

because it was unduly restrictive must be essential to reasonable execution of duties

Question 27

Factors against Marion Graham

Answer 27

• only one parent worked outside home
• didn’t specify length/frequency of absences
• didn’t show how much extra cost to hire someone just for nights away from home

Question 28

Dissent in Marion Graham

Answer 28

Agrees not enough evidence but thinks should ask for evidence on remand instead of just dismissing

Question 29

Live in requirement generally requires for business necessity that ___

Answer 29

both parents work outside of home and may be gone on short notice