Question 1

The process that requires approval from the U.S.Department of Labor for employment-based immigration is known as&#10;A)A labor union&#10;B)Employment amnesty&#10;C)Labor certification&#10;D)Blue-collar employment

Accepted Answer

The process that requires approval from the U.S. Department of Labor for employment-based immigration is known as labor certification. This process is used to ensure that foreign workers are not taking jobs that could otherwise be filled by qualified U.S. workers. Employers must be able to show that there are no qualified U.S. workers available for the position and that hiring a foreign worker will not adversely affect the wages and working conditions of U.S. workers in similar positions. The process that requires approval from the U.S Department of Labor for employment-based immigration is known as labor certification. This process involves demonstrating that there are no qualified U.S. workers available for the job and that hiring a foreign worker will not negatively impact U.S. workers.

Question 2

Which of the employment-based immigration applications must be approved by the U.S.Department of Labor first?&#10;A)All five preferences&#10;B)The first and second preferences&#10;C)The second and third preferences&#10;D)The second, third, and fifth preferences

Accepted Answer

The first and second preferences (EB-1 and EB-2) require labor certification from the Department of Labor before the application can be filed with USCIS. The other preferences do not require labor certification. The first and second preferences (EB-1 and EB-2) require certification from the U.S. Department of Labor through the labor certification process, which is also known as PERM (Program Electronic Review Management). The other preferences (EB-3, EB-4, and EB-5) do not require labor certification from the Department of Labor.

Question 3

Which of the following are requirements for the fifth preference?&#10;A)An investment of one million dollars&#10;B)The creation of at least two full-time jobs for U.S.workers&#10;C)The creation of at least five part-time jobs for U.S.workers&#10;D)Sharing 50 percent of the business profits with DHS

Accepted Answer

The fifth preference for immigration, often associated with the EB-5 visa program, requires an investment of one million dollars (or $500,000 in a Targeted Employment Area) in a new commercial enterprise in the United States that creates at least 10 full-time jobs for U.S. workers.

Question 4

A baccalaureate is commonly known as a(n)&#10;A)Associate degree&#10;B)Bachelor's degree&#10;C)Master's degree&#10;D)Doctorate

Accepted Answer

A baccalaureate degree is commonly known as a Bachelor's degree. A baccalaureate is another term for a Bachelor's degree. It is a four-year undergraduate degree typically earned at a college or university. An Associate degree is a two-year degree, a Master's degree is a graduate degree earned after completing a Bachelor's degree, and a Doctorate is the highest level of academic degree typically earned after completing a Master's degree.

Question 5

Which of the following would be first preference workers?&#10;A)Aliens of extraordinary ability in education&#10;B)Most professional athletes&#10;C)Most scientists&#10;D)All doctors

Accepted Answer

According to the U.S. immigration laws, aliens with extraordinary abilities in the fields of education, science, business, athletics, or the arts are given first preference for work visas. This is because such individuals are deemed to have exceptional skills that are beneficial to the United States. The other options listed do not have the same level of priority as individuals with extraordinary abilities. Aliens of extraordinary ability in education are given first preference according to the U.S. immigration law.

Question 6

Which of the following would not be first preference workers?&#10;A)Aliens with extraordinary ability in the arts&#10;B)Outstanding professors&#10;C)Outstanding construction workers&#10;D)Outstanding researchers

Accepted Answer

First preference workers are those who possess extraordinary ability in sciences, arts, education, business, or athletics, or outstanding professors and researchers. While outstanding construction workers are skilled workers, they do not fall into any of these categories and therefore would not be considered first preference workers. The other three options involve individuals with exceptional skills and abilities in their respective fields, while outstanding construction workers may be skilled, they are not typically considered to have extraordinary abilities in comparison to the other options.

Question 7

Which of the following would not be fourth preference workers?&#10;A)Former government employees&#10;B)Religious workers&#10;C)Advanced degree holders&#10;D)Employees of international organizations

Accepted Answer

Advanced degree holders are eligible for the EB-2 visa category, which is a higher preference category than the EB-4 visa category for religious workers, employees of international organizations, and former government employees. Therefore, advanced degree holders would not be considered fourth preference workers. Advanced degree holders are eligible for the EB-2 visa category and do not fall under the fourth preference workers (EB-4) category. The other options, including former government employees, religious workers, and employees of international organizations, are eligible for the fourth preference worker category.

Question 8

Is it necessary for an employer to have a genuine need when sponsoring an employee for an immigrant visa?&#10;A)No, it is the employer's decision how to spend his or her money.&#10;B)No, because the need might arise at a later time anyway.&#10;C)Yes, because the law is designed to prevent any aliens from learning skills that U.S.workers know.&#10;D)Yes, because the law is designed to prevent alien workers from gaining employment-basedimmigration under false pretenses.

Accepted Answer

The law governing employment-based immigration is designed to prevent alien workers from gaining employment-based immigration under false pretenses. Therefore, it is necessary for an employer to have a genuine need for sponsoring an employee for an immigrant visa. The law requires that an employer have a genuine need when sponsoring an employee for an immigrant visa in order to prevent alien workers from gaining employment-based immigration under false pretenses. This requirement ensures that the immigration system is used fairly and for its intended purpose, which is to meet the needs of the U.S. labor market.

Question 9

Why is there a concern for alien employees to be paid the prevailing wage of the particular job?&#10;A)So as not to cause employers to hire aliens at cheaper rates and thereby displace U.S.workers&#10;B)So as not to exploit the fact that many aliens are willing to work for low wages&#10;C)Both A and B&#10;D)None of the above

Accepted Answer

The concern for alien employees to be paid the prevailing wage of the particular job is both to avoid employers hiring aliens at cheaper rates, which could lead to displacement of U.S. workers, and to avoid exploiting the fact that many aliens are willing to work for low wages. Ensuring that alien employees are paid the prevailing wage of the particular job helps prevent employers from hiring aliens at cheaper rates and displacing US workers. It also prevents the exploitation of the fact that many aliens are willing to work for low wages. This is why both options A and B are correct.

Question 10

Which of the following would be second preference workers?&#10;A)Advanced degree holders&#10;B)Persons with extraordinary ability in athletics&#10;C)Employees of international organizations&#10;D)Baccalaureate degree holders

Accepted Answer

The answer of Which of the following would be second...

Question 11

Which of the following would be third preference workers?&#10;A)Religious workers&#10;B)Former government employees&#10;C)Skilled workers in short supply&#10;D)Persons with exceptional ability in the sciences

Accepted Answer

The answer of Which of the following would be third...

Question 12

Is it necessary for an alien applying for employment-based immigration to be qualified for the position of employment?&#10;A)No, it does not matter at all.&#10;B)No, because the alien may be trained on the job.&#10;C)Yes, because it helps to prevent fraudulent applications for unqualified alien workers at theexpense of a qualified U.S.worker.&#10;D)Yes, because that requirement is specifically designed to protect employers from hiring employeeswho will do a poor job.

Accepted Answer

The answer of Is it necessary for an alien applying...

Deck 4: Employment-Based Immigration