Comprehensive Overview of Immigration Law (COIL) Practice Exam

Which of the following does NOT require the submission of an affidavit of support?

1. A widow applying based on prior marriage

2. Petition filed by a U.S. citizen sibling

3. A child applying under the Child Citizenship Act

4. An H-1B visa holder seeking residency

The correct answer is: An H-1B visa holder seeking residency

The correct answer is that an H-1B visa holder seeking residency does not require the submission of an affidavit of support. This is because the H-1B visa is an employment-based visa. It is employer-sponsored and the employer typically provides the necessary documentation demonstrating the applicant's employment and ability to support themselves upon transitioning to permanent residency. Affidavits of support are generally required for family-based immigration petitions to demonstrate that the petitioner can financially support the immigrant, ensuring the immigrant does not become a public charge. In the case of the child applying under the Child Citizenship Act, or a widow applying based on a prior marriage, and siblings of U.S. citizens, there are specific requirements for demonstrating financial support through affidavits. However, employment-based applicants, like H-1B visa holders, do not need to submit this affidavit, as their eligibility is largely contingent upon their employment status and the sponsoring employer.