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Immigration Law > Non-Immigrant Visas > Flashcards

Non-Immigrant Visas Flashcards

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1
Q

NIVs must ___

A

fit into specific category (no catch all)

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2
Q

Getting a NIV does not guarantee __

A

entry (final say to CBP officer)

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3
Q

Generally NIV must show ___

A

nonimmigrant intent unless dual intent allowed under that visa

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4
Q

Evidence examples for nonimmigrant intent

A
  • return ticket
    -amount of money in bank account
    -ties to home country
  • didn’t apply for permanent residence previously
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5
Q

Dual intent is often permitted for __

A

employment visas

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6
Q

NIVs for which must file labor condition application

A
  • H1-B
  • H1-B1
  • E-3
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7
Q

Labor condition applications require ____

A
  • no strike
  • give unions notice
  • publicly display number of foreign workers
  • not adversely affect US workers
  • wages either greater than actual wages at employer OR prevailing wages in that area for the position
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8
Q

Difference between labor condition and labor cert

A

Labor condition doesn’t require showing no able US workers

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9
Q

B1 visa

A

business visitors NOT performing labor or engaging in active management of enterprise

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10
Q

Examples of permitted B-1 activity

A

-attending conference
- settling estate
-negotiating contract

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11
Q

B-2 visa

A

tourists for pleasure (other than study or labor)

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12
Q

C-1 visa

A

crewmembers

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13
Q

E-1 visa

A

treaty country to engage in substantial international trade for existing enterprise

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14
Q

F-1 visa

A

student visa for duration of degree

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15
Q

Work rules under F-1 visa

A
  • can work on campus
  • can only work off-campus if meet hardship exception
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16
Q

HB-1 visa

A

specialty occupation requiring highly specialized knowledge + bachelor’s

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17
Q

HB-1 visas are limited to _

A

65K per year

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18
Q

HB-1 allows __

A

dual intent

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19
Q

HB-1 requires __

A

labor condition

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20
Q

For HB1, employers have __ unless ___

A

cap, research institution/hospital

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21
Q

H1-B3 is for __

A

foreign fashion models

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22
Q

H2-A is for __

A

seasonal agricultural workers

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23
Q

H2-A requires __ but not __

A

labor cert, no quotas

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24
Q

H2-B is for ___

A

other seasonal workers

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25
Q

H2-B requires ___

A

quota + labor cert

26
Q

H3 is for ___

A

training unavailable in home country (except graduate medical)

27
Q

I visa is for ___

A

foreign journalists

28
Q

L1-A is for __

A

managers/executives

29
Q

L1-A allows __

A

dual intent

30
Q

L1-B is for ___

A

positions of specialized knowledge that worked for same employer abroad at 1 year

31
Q

L1-B is allowed ___

A

dual intent

32
Q

J visa is for

A

non degree seeking exchange students

33
Q

K visa is for __

A

90 day fiancee

34
Q

S visa is for __

A

critical reliable info about criminal/terrorist org + work with police

35
Q

P visa is for __

A

athletes and entertainers who don’t qualify for O visa

36
Q

For P visa must show __

A

internationally outstanding in their field

37
Q

T visa is for ___

A

victims of severe forms of human trafficking

38
Q

Visas that can adjust to LPR

A

T and U (after 3 years)

39
Q

O visa is for __

A

extraordinary workers with sustained national or international acclaim

40
Q

O visa does not require ___

A

quota or labor condition

41
Q

Q visa is the __

A

Disney visa

42
Q

R visa is for __

A

religious workers

43
Q

U visa is for __

A

crime victims that aid law enforcement

44
Q

U visa requires ___

A

suffer abuse because of crime + helpful/likely to be helpful to police

45
Q

U visa has ___

A

10k limit with significant backlog

46
Q

Bricklayers case holding

A

Can’t have regulation inconsistent with INA

47
Q

Literal plain meaning argument in Bricklayers

A

B1 explicitly excludes coming to perform labor

48
Q

Social purpose rule in Bricklayers

A

look to purpose of legislation

49
Q

Undocumented migration is ___

A

presence without authorization (not in INA)

50
Q

Undocumented migrants are subject to ___ but not ___

A

removal, criminal offense

51
Q

Exceptions to undocumented migrants accessing benefits

A
  • public education right
  • community level services without regard to need
  • vaccinations
  • emergency disaster relief
  • Medicaid for emergencies
52
Q

Ways to become undocumented

A
  • unlawful entrant (60%)
  • visa overstay or violate terms (40%)
53
Q

If overstay visa you are ___

A

deportable

54
Q

If enter unlawfully you are __

A

inadmissible

55
Q

DACA is a ___

A

promise not to deport

56
Q

Grey areas for undocumented status

A
  • DACA
  • TPS
  • Parole
    -Pending applications for status
57
Q

Undocumented migrants create crime for employers when ___

A

find out + continue employment

58
Q

If hiring undocumented workers is a pattern, the employer is ___

A

subject to mandatory fines, imprisonment or both

59
Q

Exceptions to crimes for hiring undocumented people

A
  • casual employment as domestic worker in home whose work is sporadic
  • independent contractors
  • employers just ignore
60
Q

What is TPS

A

temporary protected status - can’t send back to those countries

61
Q

What is parole

A

let into country physically but not legally admitted

62
Q

Policy solutions for undocumented migration

A
  • removal under ICE
  • enforcement through attrition (gradually get to self-deport)
  • grant status through earned adjustment

Immigration Law (14 decks)

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