BUSINESS IMMIGRATION LAW
PROFESSORS MARSH & CHRONIS
SPRING 2003 FINAL EXAM

INSTRUCTIONS

1. You have two (2) hours to complete this exam.

2. This is an open book exam. You may refer to any written materials you wish.

3. The exam consists of five (5) multiple-choice questions and two (2) essay questions on a total of five pages.

4. Recommended time allocation:

5. This exam is worth 80% (80 points) of your final grade. Each Multiple Choice question is worth 5 points (25 points in total). The first essay question is worth 30 points and the second question is worth 25 points (55 points in total).

6. Multiple Choice questions are to be answered on the ParScore answer sheet provided to you. Using a #2 pencil, darken in the letter corresponding to the correct answer on the ParScore answer sheet. If you change your answer, please be sure that your erasures are complete. The exam will be scored by a machine and any ambiguities will be counted as a wrong answer.

7. Essay questions are to be answered in the blue books provided to you. Write your answer on the right hand side of the page and double-space your work, written or typed.

8. Make sure your exam number is at the top of every page of this exam question packet.

9. Write you exam number on your exam envelope, this exam question packet, your ParScore answer sheet and your used blue books. Do not use your name, student ID number or Social Security Number on any exam materials.

At the conclusion of the exam, return all exam materials to the exam envelope and submit it to the proctor. Make sure this exam question packet is returned in the exam envelope.


ESSAY QUESTIONS

Question 1 (30 points)

Clonewell, Inc. tells you that it has located an excellent H-1B candidate, Mr. Ben Kloned, a Software Engineer. Mr. Kloned has said that he will accept the H-1B position with Clonewell, Inc. but he has only 13 months of H-1B eligibility left. He has informed Clonewell that his previous employer has already obtained an approved Labor Certification on his behalf for a Software Engineering position and has filed an I-140 on his behalf which is pending at the California Service Center. He would like to “transfer” the I-140 to Clonewell, Inc. Clonewell very much wants to hire Mr. Kloned and pursue permanent residence on his behalf. Please indicate all of the possible strategies you would recommend to achieve Clonewell’s objectives regarding Mr. Kloned, and the reasons for your recommendations.


Question 2 (25 points)

Clonewell, Inc.’s Lead Scientist, Dr. Schmartz, a citizen of Norway, has helped to develop a promising new drug, which has shown excellent results in clinical trials, and Clonewell, Inc. wants to employ Dr. Schmartz on a permanent basis. Dr. Schmartz was employed by Clonewell, Inc.’s wholly owned subsidiary, Cloneall, Ltd., in Norway from 1998 through 2001 as Director of Research and Development. Dr. Schmartz left Cloneall, Ltd. and took a position with another California biotechnology firm in H-1B status in December 2001. He transferred to Clonewell, Inc. in H-B status (he was portable) last fall. Dr. Schmartz has informed Clonewell that his wife has threatened to return to Norway if she cannot get work authorization in the United States immediately. Clonewell, Inc. is concerned that Dr. Schmartz and his wife will return to Norway if she is unable to work in the U.S. in the next several months. The Human Resources Manager has asked your advice in how to obtain permanent residence on behalf of Dr. Schmartz and obtain employment authorization for his spouse as soon as possible. Based on this fact situation, please indicate what you will tell the Human Resources Manager. Please indicate all of the possible strategies you would recommend to achieve the dual objectives regarding Dr. Schmartz and his spouse, and the reasons for your recommendations.