Q1. With reference to employment-based immigration in the United States, consider the following statements:
- The H-1B visa is a non-immigrant visa category that permits eligible foreign professionals to work in qualifying specialty occupations.
- PERM labour certification is itself a visa that grants temporary employment authorisation to foreign workers.
- PERM labour certification is generally associated with employer-sponsored employment-based green-card applications and involves assessing the availability of qualified US workers under applicable rules.
- A green card confers lawful permanent resident status in the United States, unlike the temporary employment status associated with an H-1B visa.
Which of the statements given above are correct?
(a) 1 and 2 only
(b) 1, 3 and 4 only
(c) 2 and 3 only
(d) 1, 2, 3 and 4
Answer: (b)
Explanation:
- Statement 1 is Correct: H-1B is a temporary non-immigrant visa category for qualifying specialty occupations, subject to applicable eligibility requirements.
- Statement 2 is Incorrect: PERM is a labour-certification process administered by the US Department of Labor, not a visa or an independent grant of employment authorisation.
- Statement 3 is Correct: PERM is generally a step in certain employer-sponsored employment-based immigration cases and ordinarily requires the employer to demonstrate that applicable labour-market requirements are met.
- Statement 4 is Correct: A green card establishes lawful permanent residence, whereas H-1B status is temporary and subject to its governing conditions.
