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Immigration Law > Non-Immigrant Visas > Flashcards

Non-Immigrant Visas Flashcards

(62 cards)

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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
H2-B requires ___
quota + labor cert
26
H3 is for ___
training unavailable in home country (except graduate medical)
27
I visa is for ___
foreign journalists
28
L1-A is for __
managers/executives
29
L1-A allows __
dual intent
30
L1-B is for ___
positions of specialized knowledge that worked for same employer abroad at 1 year
31
L1-B is allowed ___
dual intent
32
J visa is for
non degree seeking exchange students
33
K visa is for __
90 day fiancee
34
S visa is for __
critical reliable info about criminal/terrorist org + work with police
35
P visa is for __
athletes and entertainers who don't qualify for O visa
36
For P visa must show __
internationally outstanding in their field
37
T visa is for ___
victims of severe forms of human trafficking
38
Visas that can adjust to LPR
T and U (after 3 years)
39
O visa is for __
extraordinary workers with sustained national or international acclaim
40
O visa does not require ___
quota or labor condition
41
Q visa is the __
Disney visa
42
R visa is for __
religious workers
43
U visa is for __
crime victims that aid law enforcement
44
U visa requires ___
suffer abuse because of crime + helpful/likely to be helpful to police
45
U visa has ___
10k limit with significant backlog
46
Bricklayers case holding
Can't have regulation inconsistent with INA
47
Literal plain meaning argument in Bricklayers
B1 explicitly excludes coming to perform labor
48
Social purpose rule in Bricklayers
look to purpose of legislation
49
Undocumented migration is ___
presence without authorization (not in INA)
50
Undocumented migrants are subject to ___ but not ___
removal, criminal offense
51
Exceptions to undocumented migrants accessing benefits
- public education right - community level services without regard to need - vaccinations - emergency disaster relief - Medicaid for emergencies
52
Ways to become undocumented
- unlawful entrant (60%) - visa overstay or violate terms (40%)
53
If overstay visa you are ___
deportable
54
If enter unlawfully you are __
inadmissible
55
DACA is a ___
promise not to deport
56
Grey areas for undocumented status
- DACA - TPS - Parole -Pending applications for status
57
Undocumented migrants create crime for employers when ___
find out + continue employment
58
If hiring undocumented workers is a pattern, the employer is ___
subject to mandatory fines, imprisonment or both
59
Exceptions to crimes for hiring undocumented people
- casual employment as domestic worker in home whose work is sporadic - independent contractors - employers just ignore
60
What is TPS
temporary protected status - can't send back to those countries
61
What is parole
let into country physically but not legally admitted
62
Policy solutions for undocumented migration
- removal under ICE - enforcement through attrition (gradually get to self-deport) - grant status through earned adjustment

Immigration Law (14 decks)

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