Here are a few commonly used terms that you might encounter when immigrating to the US:

ADVANCE PAROLE

Travel document issued to foreign nationals residing in the United States in status other than lawful permanent resident who have an unexpected need to travel and return, and whose conditions of stay do not otherwise allow for readmission to the U.S. if they depart. Applications for advance parole are filed through USCIS Form I-131.

ALIEN REGISTRATION #

An identifying number that USCIS assigns to individuals applying for certain immigration benefits. Also referred to as A#.

AOS (ADJUSTMENT OF STATUS)

An option for the final stage of the permanent residence process. The application, Form I-485, can be filed with USCIS if the priority date is current and certain other requirements are met.

ASYLEE

An asylee is a foreign national who has been granted asylum in the United States.

B-1 BUSINESS VISITOR

Visa category for business visitors to the United States to attend meetings, conferences and gather information. The B-1 visa does not confer the ability to work and B-1 visa holders cannot receive compensation from a U.S. source or work on a project where services are being billed to a client. Business visitors from certain countries can enter the United States without a B-1 visa under the Visa Waiver Program (VWP); these individuals are admitted for a maximum of 90 days and are not eligible for extensions of their status except in extremely limited circumstances. B-1 visitors who have visas in their passports can be admitted for up to six months and are eligible for extensions of their status.

B-2 TOURIST VISITOR

Visa category for pleasure tourists visiting the United States. Tourists from some countries are able to enter the U.S. without a B-2 visa under the Visa Waiver Program (VWP); these individuals are admitted for a maximum of 90 days and are not eligible for extensions of their status except in extremely limited circumstances. B-2 visitors who have visas in their passports can be admitted for up to six months and are eligible for extensions of their status.

BIRTH COUNTRY

This is the country in which you were born.

CITIZENSHIP COUNTRY

This is the country whose citizenship you now hold, which may be different from your country of birth.

COPY OF EDUCATIONAL DOCUMENTS

Legible photocopies of post-secondary educational documents, including marksheets, transcripts, certificates, diplomas and academic degrees.

COPY OF VISA

Legible photocopies of U.S. visa stamp(s) in your passport.

CP (CONSULAR PROCESSING)

An option for the final stage of the permanent residence process. If CP is chosen, the foreign national and all family members must attend a final interview at a U.S. Consulate in the foreign national's home country.

CURRENT IMMIGRATION STATUS

Every non-US citizen admitted to the United States has an immigration status. The non-immigrant categories run from A to U. The major work visa categories are H-1B (professionals), L-1 (intracompany transfers), J-1 (trainees) and O (persons of extraordinary ability. A non-immigrant can have a different status from what is marked on their visa stamp. The I-94 indicates the person's current visa status. Permanent residents ("green card" holders) have immigrant status.

DOL (DEPARTMENT OF LABOR)

U.S. agency that includes the Office of Foreign Labor Certification, which oversees prevailing wage determinations, labor condition applications (LCAs), and labor certifications (LCs).

DS-2019 FORM

Form DS-2019 is the Certificate of Eligibility for Exchange Visitor Status, issued by a sponsoring employer in order for a foreign national to receive a J-1 training or specialist visa. Form DS-2019 was formerly known as Form IAP-66.

E-3

NIV status for Australian citizens engaged in a specialty occupation that requires the attainment of a bachelor's or higher degree in the specific specialty for entry into the occupation.

EAD (EMPLOYMENT AUTHORIZATION DOCUMENT)

The EAD provides temporary permission to work in the U.S.

EB1(1)

Employment-Based First Preference category for permanent resident status. Available to persons of extraordinary ability who have risen to the very top of their professional fields. Does not require LC.

EB1(2)

Employment-Based First Preference category for permanent resident status. Available to outstanding professors or researchers. Does not require LC.

EB1(3)

Employment-Based First Preference category for permanent resident status. Available to intracompany transferees who are in a managerial or executive level position in the United States and held a managerial or executive position with a foreign affiliate, subsidiary, branch or parent of the U.S. office for at least one year before entering the U.S. Does not require LC.

EB2

Employment-Based Second Preference category for permanent resident status. Available to professionals where the position offered requires an advanced degree in a field related to the position and for which qualified workers are not available in the U.S; persons with exceptional ability in sciences, arts or business; or persons who are performing jobs deemed to be in the national interest.

EB3(1)

Employment-Based Third Preference category for permanent resident status. Available to skilled workers where the position offered requires at least two years of education or experience, or a combination of the two, and for which qualified workers are not available in the U.S.

EB3(2)

Employment-Based Third Preference category for permanent resident status. Available to professionals where the position offered requires a bachelor's degree in a field related to the position and for which qualified workers are not available in the U.S.

EB3(3)

Employment-Based Third Preference category for permanent resident status. Available to unskilled workers where the position offered requires less than two years of education or experience, is not of a seasonal or temporary nature, and for which qualified workers are not available in the U.S. Also known as the Other Workers category.

ETA 9089 FORM

Form ETA 9089, Application for Permanent Employment Certification, is submitted to the DOL by the employer when filing a labor certification under PERM.

F-1

Nonimmigrant student status that allows the foreign national to attend school. F-1 students are not allowed to work off campus unless specifically authorized by USCIS as evidenced by an Employment Authorization Document (EAD). The school issues a Form I-20 to the prospective student who presents the form to the U.S. Consulate for issuance of the F-1 visa.

FINAL NIV DATE

The date on which a person reaches the maximum allowed period of nonimmigrant visa (NIV) status.

G-28 FORM

USCIS Form G-28, Notice of Entry of Appearance as Attorney, is filed with applications and petitions, and enables the law firm handling the applications and petitions to receive notices and communicate with USCIS in connection with the case.

H-1B

NIV status for temporary workers engaged in a specialty occupation which requires the theoretical and practical application of a body of highly specialized knowledge and the attainment of a bachelor's or higher degree in the specific specialty for entry into the occupation. Maximum period of stay is six years.

H-4

NIV status for spouses and unmarried children under 21 years of age who are accompanying H-1B visa holders. H-4s are not eligible for work authorization.

I-129 FORM

Form I-129, Petition for a Nonimmigrant Worker, is filed by the employer with USCIS to request E, H, L, O, P, Q, R, or TN classification on behalf of a foreign national.

I-130 FORM

Form I-130, Petition for Alien Relative, is filed by a sponsoring relative with USCIS. The filing of this form is the first stage of the permanent residence process for family-based cases.

I-131 FORM

Form I-131, Application for Travel Document, is filed with USCIS when requesting advance parole or reentry permit.

I-140 FORM

Form I-140, Immigrant Petition for Alien Worker, is filed by the employer with USCIS. The filing of this form is the second stage of the permanent residence process for employment-based cases requiring labor certification and the first stage for those individuals who are permitted to skip the LC stage.

I-20 FORM

Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, is issued by DHS-approved educational institutions to persons requesting F-1 or M-1 status.

I-485 FORM

Form I-485, Application to Register Permanent Residence or Adjust Status, is filed with USCIS by an applicant seeking permanent resident status.

I-539 FORM

Form I-539, Application to Extend/Change Nonimmigrant Status, is filed with USCIS on behalf of derivative family members and for NIV classifications not covered by Form I-129.

I-765 FORM

Form I-765, Application for Employment Authorization, is filed with USCIS when requesting an EAD.

I-797 FORM

Form I-797 is an approval notice generated by (USCIS). Depending on the type of petition approved, it may provide validity dates of the approved petition.

I-94 EXP DATE

This is the date that your Form I-94 (Arrival/Departure Record) expires. The I-94 reflects your current status in the U.S. and the date that status will expire.

I-94 FORM

Form I-94, Arrival-Departure Record, or an electronic arrival record and a passport admission stamp that is annoted with date and class of admission and admitted-until date is issued by CBP to most nonimmigrants upon entry to the United States a print out of the electronic record is accessible online. A new I-94 may also be issued by USCIS upon approval of NIV petitions requesting extension or change of status. The I-94 shows the NIV status in which the foreign national was admitted and the period of time authorized to remain in the U.S.

IV

Immigrant Visa (generic term related to permanent residency matters)

J-1

This is an employment visa status for trainees and specialists. Trainees will only be admitted to the United States for a maximum of 18 months and specialists for 12 months.

J-2

NIV status for spouses and unmarried children under 21 years of age who are accompanying J-1 visa holders. J-2 spouse may apply for work authorization via an EAD.

JOB LOCATION

This is the current location where you are employed, according to the latest information provided to Fragomen. Please send an update if your job location will change or has changed, as this may affect your current nonimmigrant visa status as well as any pending application for permanent resident status.

L-1

Nonimmigrant status as an Intracompany Transferee. The employee must have worked outside the United States for at least one year for a parent, subsidiary, affiliate or branch office of the U.S. employer in a specialized knowledge (L-1B), or executive or managerial (L-1A) capacity. Individual L-1 petitions are submitted to (USCIS) in the United States for adjudication and approval before the visa can be issued. This is in contrast to the Blanket L procedure where the application is submitted directly to the U.S. Consulate abroad. Maximum period of stay is five years (L-1B) or seven years ( L-1A).

L-2

NIV status for spouses and unmarried children under 21 years of age who are accompanying L-1 visa holders. L-2 spouses may apply for work authorization via an EAD.

LC (LABOR CERTIFICATION)

A certification by the U.S. Department of Labor (DOL) that there is no able, willing and qualified American worker (generally, this means a U.S. citizen or lawful permanent resident) available for a particular position, in a particular geographic area, at a prevailing wage. The labor certification relates to a particular position, not an employee. In order to obtain an approved labor certification the employer must show that it tested the local job market and made a good faith effort to recruit for the position, and that employment of a foreign national employee does not adversely affect the wages or working conditions of similarly employed U.S. workers.

LCA (LABOR CONDITION APPLICATION)

The LCA is a prerequisite to filing an E-3, H-1B or H-1B1 petition. In the LCA, the employer attests to certain working conditions. The LCA must be approved by the U.S. Department of Labor (DOL).

LPR (LAWFUL PERMANENT RESIDENT)

A person who has been granted authorization to live and work in the United States on a permanent basis. Also known as an immigrant, green card holder, or permanent resident.

MANAGER

This is the name of your current manager, according to the latest information provided to Fragomen.

N-400 FORM

Form N-400 is the Application for Naturalization (citizenship).

NAFTA (NORTH AMERICA FREE TRADE AGREEMENT)

North America Free Trade Agreement. NAFTA contains immigration provisions pertaining to Canadian and Mexican citizens.

NIV

Nonimmigrant Visa (generic term related to nonimmigrant matters such as H-1B, TN, L-1, etc.)

OPT (OPTIONAL PRACTICAL TRAINING)

Short-term employment authorization granted to F-1 students upon completion of their post-secondary studies.

PACKET 3 (INSTRUCTION PACKAGE)

The first of two sets of applications to be completed in the Consular Processing option of the permanent residence process. The package contains Form DS-230, Application for Immigrant Visa and Alien Registration, as well as information concerning the documents required for the immigrant visa application (such as birth certificate, marriage certificate, police clearance letters).

PACKET 4 (APPOINTMENT PACKAGE)

The second, and final, set of applications to be completed in the Consular Processing option of the permanent residence process. The package contains information on the date and time of the applicant’s visa appointment and information on obtaining a medical examination.

PASSPORT

Travel and identity document issued to foreign nationals by their country of citizenship. Must be current in order to enter the United States. The U.S. Consulate will place nonimmigrant visa stamps in the foreign national's passport. The passport must be valid for at least 6 months at the time of entry.

PERM

Program Electronic Review Management. The attestation and audit system under which employers obtain permanent labor certification (LC) for certain employment-based immigrant cases. Under PERM, employers conduct recruitment and advertising before filing a labor certification application. Applications are submitted electronically or by mail and are subject to audit by Certifying Officers of the Department of Labor.

POE (PORT OF ENTRY)

The port of entry is the air, land or sea port through which the foreign national travels to the United States.

PREFERENCE CATEGORY

Numerically limited employment-based and family-based categories that determine immigrant visa availability.

PRIORITY DATE

This is the official USCIS-recognized date on which the permanent residence (a.k.a. greencard) process was initiated on your behalf. The priority date, along with preference category and country of birth, determines the order in which greencards are distributed. For people requiring labor certification, this date is established on the day that DOL received the LC filed by the employer. For people who do not require labor certification, the date is established on the day that USCIS received Form I-140. In family-based cases, this date is established on the date that USCIS received Form I-130. Refer to the State Department's Visa Bulletin for current priority dates.

PROTECTED INDIVIDUAL

Subject to certain limitations, an employer is prohibited from discriminating against a protected individual because of such individual's citizenship status with respect to the hiring or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment. A "protected individual" is defined as a citizen or national of the United States, a lawful permanent resident, a temporary resident, a refugee or an asylee.

REENTRY PERMIT

The Reentry Permit is required for lawful permanent residents who will be on extended absences from the U.S. in order to preserve their ability to return to the U.S. as lawful permanent residents.

REFUGEE

A refugee is a foreign national admitted to the United States in refugee status.

RFE (REQUEST FOR EVIDENCE)

A request from USCIS to provide further information and/or documentation on a pending application or petition. Depending on the complexity of the request, RFE responses must be submitted within 30-87 days.

SEVIS (STUDENT AND EXCHANGE VISITOR INFORMATION SYSTEM)

Web-based technology maintained by U.S. Immigration and Customs Enforcement (ICE) used to track and monitor students (F-1), exchange visitors (J-1) and their dependents, as well as schools and programs, during the period of approved participation in the applicable program.

TD

NIV status for spouses and unmarried children under 21 years of age who are accompanying persons holding TN status. TDs are not eligible for work authorization.

TEMPORARY RESIDENT

For purposes of the definition of a "protected individual," a temporary resident includes certain Special Agricultural Workers and certain lawful permanent residents who entered the United States prior to January 1, 1982.

TITLE

This is your current job title, according to the latest information provided to Fragomen.

TN

The TN nonimmigrant status is granted to Canadians and Mexicans applying under the North America Free Trade Agreement (NAFTA) for temporary status in the United States. Canadian citizens apply for this status at the port of entry; Mexican citizens apply for a TN visa at a U.S. consular post.

TRANSCRIPT

Record of course work completed by a student at a college or university. Transcripts are usually issued by the registrar's office at the educational institution.

USCIS (UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES)

USCIS is the agency that processes applications and petitions for immigration benefits. Formerly known as the Bureau of Citizenship and Immigration Services (BCIS) and the Immigration and Naturalization Service (INS).

VISA STAMP

This is the stamp embossed in a foreign national's passport by a U.S. Consulate, which indicates the foreign national's specific visa category. In order to enter the U.S., most nonimmigrants must have a currently valid non-immigrant visa in their passport (except Canadian citizens and persons entering in B-1/B-2 status under the visa waiver program). A foreign national who presents a visa to the Department of Homeland Security (DHS) inspector at the port-of-entry may be admitted in that visa category and be issued a USCIS entry/departure record, Form I-94, showing the immigration status and length of time allowed to stay in the U.S.

VWP (VISA WAIVER PROGRAM)

The VWP permits citizens of designated countries to apply for admission to the United States for 90 days or less as nonimmigrant visitors for business or pleasure without first obtaining a B-1 or B-2 nonimmigrant visa from a U.S. Consulate. Visits are generally short-term and, with very limited exceptions, cannot involve employment in the U.S. or the undertaking of an academic study program.



Reference:
Definitions / Glossary Page (All on one page) | Fragomen, Del Rey, Bernsen & Loewy LLP

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