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Immigration law

5 minutes 5 Questions

In the realm of SHRM Certified Professionals, understanding immigration law is pivotal, especially within the context of globalization. As organizations expand globally, they encounter a diverse workforce requiring compliance with various immigration regulations to recruit, hire, and retain interna…

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SHRM-CP - Immigration law Example Questions

Test your knowledge of Immigration law

Question 1

An employee on an H-1B visa's work authorization is nearing its expiration date. As an HR manager, what is the most appropriate action to ensure continued compliance with U.S. immigration laws?

Correct Answer: Initiate the H-1B visa extension process by filing the necessary documentation with USCIS before the current visa expires.

Initiating the H-1B visa extension process by filing the necessary documentation with USCIS before the current visa expires is the most appropriate action. This proactive approach ensures continuous work authorization and maintains compliance with U.S. immigration laws. Submitting a new Labor Condition Application is part of the extension process but is encompassed within the broader action of filing the extension. Advising the employee to wait or transition to a different visa category without proper notification can lead to legal complications and potential non-compliance issues.

Question 2

Under U.S. immigration law, which of the following is a required action for employers when an employee’s work authorization document is nearing its expiration?

Correct Answer: Submit a re-verification request by updating the employee's Form I-9.

Employers are required to submit a re-verification request by updating the employee's Form I-9 when an employee's work authorization document is nearing its expiration. This ensures that the employee's continued employment is authorized under U.S. immigration law. Immediately terminating the employee's employment is not a warranted response solely based on document expiration without re-verification. Providing additional training on immigration compliance without updating forms does not address the legal requirement. Notifying the Department of Homeland Security about the employee's pending status is not the standard procedure in this context.

Question 3

Which document must employers obtain from the Department of Labor before submitting an H-1B visa petition to ensure compliance with wage and labor standards?

Correct Answer: Labor Condition Application (LCA)

The correct answer is Labor Condition Application (LCA). Employers must obtain the LCA from the Department of Labor before submitting an H-1B visa petition to ensure compliance with wage and labor standards. This application ensures that the employer will pay the prevailing wage and that hiring the H-1B worker will not adversely affect the working conditions of U.S. workersForm I-129 Petition for a Nonimmigrant Worker is used to petition for the H-1B visa itself but does not fulfill the labor condition requirements that the LCA addressesPERM Labor Certification is part of the employment-based green card process and is not required for H-1B visa petitionsForm I-140 Immigrant Petition for Alien Worker is related to the immigrant visa process and is not necessary for H-1B visa applications.

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