CA Certified Specialist — Immigration & Nationality Law

Under INA §101(a)(15)(B), the B-1/B-2 visitor visa permits a foreign national to enter the United States for which combination of purposes?

• ATemporary business or pleasure, with no productive employment in the U.S. labor market
• BLong-term skilled employment with a U.S. employer
• CPermanent residence based on a family relationship
• DReligious worker duties under a denomination-sponsored role

An F-1 student wishes to engage in off-campus employment directly related to their major area of study during the academic program. Which authorization is required?

• AOptional Practical Training (OPT) only
• BCurricular Practical Training (CPT) authorization issued by the Designated School Officia…
• CAn H-1B change of status before any employment
• DA waiver of nonimmigrant intent under §214(b)

The H-1B specialty occupation classification under INA §101(a)(15)(H)(i)(b) generally requires that the position require:

• ATheoretical and practical application of a body of highly specialized knowledge, with a U…
• BA U.S. high school diploma and three months of training
• CSolely an offer letter without any degree requirement
• DAn approved EB-2 immigrant petition before filing

The numerical cap on new H-1B petitions subject to the regular cap under INA §214(g)(1)(A) is:

• A20,000 annually
• B65,000 annually, with an additional 20,000 for U.S. master's-degree holders
• C85,000 with no master's-degree exemption
• DUnlimited for cap-subject employers

An employer petitions for an agricultural worker on a seasonal basis. Which nonimmigrant classification is appropriate?

• AH-1A
• BH-2A
• CH-1B1
• DH-3

The J-1 exchange visitor program participant subject to INA §212(e) two-year home-residence requirement must:

• AReturn to and physically reside in the country of nationality or last residence for an ag…
• BPay a fine of $5,000 and may immediately adjust
• CReside abroad for six months and then reapply
• DBe granted automatic LPR status upon program completion

An intracompany transferee who has worked abroad for one continuous year out of the preceding three years for a qualifying entity in an executive or managerial capacity may seek admission as:

• AL-1A
• BL-1B
• CE-1
• DO-1

The maximum total stay for an L-1A executive or manager is:

• A3 years
• B5 years
• C7 years
• DIndefinite, with annual extensions

An O-1A visa requires the beneficiary to demonstrate:

• AExtraordinary ability in the sciences, education, business, or athletics through sustaine…
• BA bachelor's degree only
• CAn approved labor certification
• DA family relationship to a U.S. citizen

Which classification covers internationally recognized athletes participating in specific competitions or league seasons as individuals or as part of a team?

• AP-1A
• BP-2
• CP-3
• DR-1

To qualify for R-1 religious worker status, the foreign national must:

• ABe a member of a religious denomination with a bona fide nonprofit affiliate in the U.S.…
• BHave a J.D. and be a U.S. citizen
• CHave completed military service
• DBe sponsored by a public school district

A Canadian citizen registered nurse seeks admission under USMCA (formerly NAFTA) Appendix to seek professional employment. Which classification applies?

• ATN-1
• BTN-2
• CE-3
• DH-1B1

INA §214(b) presumption of immigrant intent generally does NOT apply to which of the following nonimmigrant classifications?

• AB-1 and B-2 visitors
• BF-1 students
• CH-1B and L-1 (dual-intent)
• DJ-1 exchange visitors

An H-1B beneficiary's spouse holds H-4 status. Under current regulations, the H-4 spouse may obtain employment authorization (EAD) only if the H-1B principal:

• AIs the beneficiary of an approved I-140 or holds an extension beyond the six-year limit u…
• BHas filed Form N-400
• CIs currently in OPT
• DWas granted asylum

A K-1 fiancé(e) visa holder must marry the U.S. citizen petitioner within:

• A30 days of admission
• B90 days of admission
• C180 days of admission
• DOne year of admission

An E-2 treaty investor must show that the investment is:

• ASubstantial, irrevocably committed, in a bona fide enterprise, and not marginal
• BAt least $1 million in a TEA
• CAt least $500,000 in any sector
• DAt least $250,000 in any state

U-visa nonimmigrant status under INA §101(a)(15)(U) is reserved for:

• AVictims of qualifying criminal activity who have suffered substantial physical or mental…
• BForeign students enrolled in U.S. high schools
• CReligious workers awaiting EB-4 petitions
• DChildren of asylum applicants

T-visa status applies to victims of:

• ASevere forms of trafficking in persons
• BIdentity theft only
• CInsurance fraud
• DTax evasion abroad

An H-1B worker who is terminated may remain in valid nonimmigrant status during which discretionary period before being deemed out of status?

• ANo grace period; status ends immediately
• BUp to 30 days
• CUp to 60 days or until the end of the authorized validity period, whichever is shorter
• DUp to 180 days

An F-1 student remains in valid status during a period of authorized post-completion OPT for up to:

• A3 months
• B6 months
• C12 months, with a 24-month STEM extension for qualifying STEM graduates
• D24 months for all majors

Under INA §201(b)(2)(A)(i), 'immediate relatives' of U.S. citizens are NOT subject to annual numerical limitations and include:

• ASpouses, unmarried children under 21, and parents (if the U.S. citizen is 21 or older)
• BMarried children of any age
• CSiblings of U.S. citizens
• DAll in-laws

Which family-preference category covers unmarried sons and daughters (21 or older) of U.S. citizens?

• AF1
• BF2A
• CF2B
• DF3

Form I-130, Petition for Alien Relative, is filed by:

• AThe U.S. citizen or LPR petitioner to establish a qualifying family relationship with the…
• BThe beneficiary to self-sponsor
• CAn employer for an EB-2 worker
• DThe Department of State to issue a visa

The IR-1 immigrant visa category designates:

• AThe immigrant visa for the spouse of a U.S. citizen who has been married for two or more…
• BConditional resident spouses
• CInvestor immigrants
• DAsylum-based adjustment

To remove conditions on a CR-1 marriage-based residence under INA §216, the parties must file Form I-751 jointly within:

• A30 days before the second anniversary of CR-1 admission
• BThe 90-day window before the second anniversary of CR-1 admission
• CSix months after admission
• DThree years after admission

The K-1 fiancé(e) petition requires the U.S. citizen and the foreign national to have met in person within:

• A30 days of filing
• BTwo years immediately preceding filing of the petition, absent waiver
• CFive years of filing
• DTen years of filing

The Child Status Protection Act (CSPA) under INA §203(h) preserves the status of a 'child' for visa purposes by:

• ASubtracting the time the petition was pending from the beneficiary's age on the date a vi…
• BTreating all derivative beneficiaries as children regardless of actual age
• CGranting automatic LPR status at age 21
• DEliminating any consideration of age

Form I-864 Affidavit of Support is required for most family-based intending immigrants and obligates the sponsor to maintain household income at:

• AAbove 50% of the federal poverty guidelines
• BAt or above 125% of the federal poverty guidelines (100% for active-duty military sponsor…
• CAt least 200% of the federal poverty guidelines
• DNo specific level

VAWA self-petitioning under INA §204(a)(1)(A)(iii) is available to:

• AThe abused spouse, child, or parent of a U.S. citizen or LPR, without the abuser's knowle…
• BAny victim of any crime
• COnly spouses of LPRs, not USCs
• DOnly minor children

Under INA §245(a), a foreign national may adjust status to LPR while in the U.S. if, among other things, the applicant:

• AWas inspected and admitted or paroled, is eligible to receive an immigrant visa, is admis…
• BHas lived continuously for 10 years
• CHolds an EAD only
• DHas paid an I-944 fee

The Adam Walsh Act bars certain U.S. citizens or LPRs convicted of 'specified offenses against a minor' from filing family-based petitions UNLESS:

• AThe Secretary determines, in unreviewable discretion, that the petitioner poses no risk t…
• BThe conviction is more than 10 years old
• CThe petitioner pays an enhanced fee
• DNo exception exists

An LPR may petition for which family member under the family preference categories?

• AMarried children
• BSiblings
• CSpouses and unmarried children (F2A) and unmarried sons/daughters 21+ (F2B)
• DParents

The F4 sibling category requires:

• AThe U.S. citizen petitioner to be at least 21 years old
• BThe sibling to be under 21
• CThe sibling to be married
• DAn I-140 approval

For consular processing, after I-130 approval, the case is transferred to:

• AThe National Visa Center for fee payment, document collection, and scheduling at the appr…
• BUSCIS Asylum Office
• CDOJ Office of Immigration Litigation
• DDOL Wage and Hour Division

A spouse abused by a USC who has not yet been granted a Form I-360 VAWA approval may still apply for:

• ABattered Spouse Waiver of the joint filing requirement (if CR), or VAWA cancellation in r…
• BReinstatement of any prior order
• CAutomatic citizenship
• DTPS

A 'derivative' beneficiary in a family-preference case generally:

• AAcquires derivative status under INA §203(d) as the spouse or unmarried child under 21 of…
• BMust file a separate I-130
• CReceives a different priority date
• DCannot adjust status

Public charge inadmissibility under INA §212(a)(4), as currently interpreted by USCIS, considers the 'totality of the circumstances' and uses Form:

• AI-944 Declaration of Self-Sufficiency (mandatory in all cases)
• BI-864 Affidavit of Support (in family-based cases) plus statutory factors of age, health,…
• CI-485 Supplement A only
• DI-129 only

A K-3 visa is intended to allow:

• AThe spouse of a U.S. citizen with a pending I-130 to enter the U.S. as a nonimmigrant whi…
• BPermanent residence
• CAsylum work authorization
• DVisitation only without intent to immigrate

EB-1A Extraordinary Ability requires the petitioner to demonstrate:

• ASustained national or international acclaim through a one-time major award (e.g., Nobel)…
• BOnly a U.S. master's degree
• CA labor certification
• DFamily sponsorship

EB-1B Outstanding Researcher or Professor requires the petitioner to show:

• AInternational recognition as outstanding in a specific academic area, with at least three…
• BOnly a bachelor's degree
• CSelf-petitioning without an employer
• DA labor certification

EB-1C Multinational Manager/Executive requires that the foreign national have been employed abroad by the qualifying entity for:

• AAt least one continuous year out of the three years preceding the petition (or last admis…
• BThree continuous years
• CFive continuous years
• DTen continuous years

An EB-2 National Interest Waiver (NIW) under Matter of Dhanasar (AAO 2016) requires the petitioner to establish:

• A(1) The endeavor has substantial merit and national importance; (2) the petitioner is wel…
• BOnly a PERM approval
• CAn I-829 petition
• DFamily-based eligibility

EB-3 'skilled workers' under INA §203(b)(3)(A)(i) require the beneficiary to have:

• AAt least two years of training or experience in the occupation
• BA U.S. master's degree only
• CThree years of teaching experience
• DAn extraordinary-ability portfolio

PERM Labor Certification under INA §212(a)(5) requires the U.S. employer to:

• AConduct a test of the labor market in accordance with 20 C.F.R. Part 656 and demonstrate…
• BFile only an I-140
• CApply for an EAD
• DObtain an I-94 stamp

Form I-140 Immigrant Petition for Alien Worker is filed by:

• AThe U.S. employer (or self-petitioner where allowed) on behalf of the beneficiary after P…
• BThe beneficiary's foreign government
• CDOL
• DThe consular officer abroad

AC21 §106(c) portability permits an I-485 applicant to change employers if:

• AThe I-485 has been pending for 180 days or more and the new job is in the 'same or simila…
• BThe applicant has paid an extra fee
• CThe new employer is the same company
• DThe applicant has obtained a separate I-140

EB-4 covers 'special immigrants' under INA §101(a)(27), including:

• AReligious workers, Special Immigrant Juveniles, certain broadcasters, Iraqi/Afghan transl…
• BInvestors only
• CResearchers only
• DTrafficking victims

The EB-5 Immigrant Investor program under INA §203(b)(5) generally requires an investment of:

• A$1,050,000 in a new commercial enterprise, or $800,000 if the investment is in a Targeted…
• B$10 million
• C$50,000
• DNo specific dollar threshold