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50 Cards in this Set
- Front
- Back
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What is a Student Visa (name and describe)
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F-1 (most evolving)
get work experience for training 20 hrs on-campus work OK Req: -accepted at academic institution -finanical support -maintain full course of study |
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Labor Certification (PERM)
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1) offer of perm employmnet
2) ER must advertise job 3) ER must demonstrate non-availablity 4) Dept. of Labor oversees |
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Temporary Worker Visa (name and describe)
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mostly agricultural
includes spouses & children 1 yr. term nonconvertible to permanent resident -school OK/No work = family |
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What are 5 avenues to acquire permanent residency?
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1) family-based
2) employment based/labor certification 3) VISA lottery 4) Asylee/Refugee 5) Registry |
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What is considered "refugee status"?
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A person who is outside of their own country and afraid of being persecuted seeks "refuge" in a foreign country.
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What is Asylum status?
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A person persecuted in his country asks to be protected in another country (e.g. that person is already in the U.S. and asks for asylum)
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Specialty Occupation Visa (name and describe)
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H-1B
Employer requests Permission to work 6 yr total term (3 yrs & ext to 3 more) spouse & child <21 -school OK/but can't work Specialty occupation Nonconvertible to permanent resident |
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Visitor for Pleasure Visa (name and describe)
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B-2
valid passport non-immigrant financial capability 6 mos. term maintain residence abroad |
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Business Visitor Visa (name and describe)
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B-1
Temp. limited business activities (no gainful employment) 6 mos. term. |
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What happened in 1882?
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Most discriminatory law passed: Chinese Exclusion Act.
Too many Chineses here building RRs |
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How long were the Chinese blocked from the U.S.?
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60 years
1882-1940 (we still restrict #s) |
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What happened in 1965?
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The national origin system was abolished.
-now use #s per country instead |
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In 1986, how many "illegals" were estimated to be in the U.S?
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40 million
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What happened in 1990 under the George Bush administration?
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#s increased by increasing work Visas
-Lottery system |
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What happened in 1996?
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Bill Clinton increased penalties
-imposed "unlawful presence penalty" |
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What is the "unlawful presence" penalty?
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If overstayed Visa and got caught after Visa expires, cannot come back to U.S. for:
-3 yrs (over 6 mos-1 yr after expiration) -10 yrs (over 1 yr. after expiration) 3/10 year rule |
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What happened in 2003?
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Dept. of Homeland Security restructured immigration
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Intra-Company Transferee Visa (describe and explain)
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L-1
-specialized -temporary services -1-3 yrs = total of 7 yrs L-1A -1-3 yrs = total of 5 yrs L-1B -can work at company subsidiaries -includes family CAN sometimes convert to permanent resident (upper level executive) |
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What immigration agency was abolished?
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INS - Immigration & Naturalization Service
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What type of problems did the INS have?
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Enforcement was pushed aside b/c there was work to be done on everyone's desk
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What happened in 1986
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IRCA
Immigration Reform and Control Act -employer sanctions being imposed |
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What are the 3 new departments the Dept. of Homeland Security created?
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1) U.S. CIS - United States Citizen and Immigration Services
2) CBP - Customs and Board of Protection 3) ICE - Immigration and Customs Enforcements |
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What does the U.S. Citizens & Immigration Service (CIS) do?
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Process applications and make decisions to either approve or deny.
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What does the Customs & Board of Protection (CBP) do?
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-at borders and do inspections to enter at port of entry
-make decision on whether person can enter U.S. -in essence "secuirity officers" |
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What does Immigration and Customs Enforcement (ICE) do?
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-may arrest a foreign national
-take themin front of immigration judge |
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What are the 5 categories people fall into?
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1) US Citizen
2) Permanent Resident 3) Non-Immigrant 4) Refugee or Asylum status 5) Illegal/undocumented |
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Who is a U.S. Citizen?
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-born here
-went through immigration process & became U.S. citizen |
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Who is a permanent resident?
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-green card
-can stay in U.S. permanently subject to certain conditions (can abandon status) |
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What is a non-immigrant?
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-legally here, but on a temporary visa
-limited options on working (on campus OK for student) |
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What is an Illegal/Undocumented?
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-entered illegally; or
-didn't extend legal status & failed to maintain |
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What is the goal of the H-1B Visa?
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to put someone into "immigrant" status
-easier to bring over and allow them to work |
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When was Ohio's BWC created? and how?
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1912 by constitutional amendment
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What 3 things are considered "compensable" under BWC?
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1) injuries
2) occupational diseases 3) death |
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How many ee's must a self-insured ER have?
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at least 500 & meet the financial threshold
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What are the 2 types of ERs?
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1) state fund ER
2) self-insured ER |
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What are the 3 levels of IC (Industrial Commission)?
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1) District Level
2) Staff Level 3) Commission level (3 member apptd. by Governor) |
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What does the Industrial Commission (IC) do?
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Adjudicte and resolve disputes arising from a worker's comp. claim
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What does the OH BWC do?
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Administer & collect insurance premiums from ERs and oversee compensable claims of injured workers
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What are the 2 agencies who administer the BWC system?
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1) OH BWC
2) Industrial Commission |
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BWC pushes out _________; just about _____________
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liability; damages
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If injured, what is the criteria?
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Injured during the course and scope of doing their job (ERs have no defenses like in tort law)
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What DOESN'T an injury include?
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1) psychiatric f/stress @ work
2) natural deterioration of body 3) self-inflicted (drugs/alchohol) 4) injuries from a fight the claimant started 5) injuries going to or from fixed work site |
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What DOES an injury include?
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1) gradual onset of injury
2) substantial aggravationof pre-existing condition 3) mental conditions that arise out of physical conditions |
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What types of benefits can you get through worker's comp?
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1) medical - pays bills only
2) TTD (Temporary Total Disability) 3) Wage Loss Compensation 4) PPD (Permanent Partial Disability) 5) PTD (Permanent Total Disability) |
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What is the criteria for TTD?
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1) worker must be off at least 7 days & unable to return to former position
2) req's note from doctor 3) TTD stops when EE returns to work OR doc says he can |
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On TTD what is the payment breakdown?
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1) First 12 weeks receive 72% of weekly wage
2) 13 weeks & Over receive 66% of weekly wage. |
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When can an EE apply for PPD?
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26-40 weeks from date of TTD last payment
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How long can wage loss compensation last?
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General 200 weeks, but must submit a medical report every 90-180 days.
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When is an EE eligible for PTD?
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Eligible if worker is permanently disabled by a work-relted injury & unable to perform substantial remunerative employment.
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How long can PTD last & how are the benefits calculated?
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Can last indefinitely & calculated at 66% of average weekly wage.
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