Showing posts with label VISA. Show all posts
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Tuesday, March 19, 2024



A) What is H-1B visa?
The H-1B visa is available to persons who will be employed in “specialty occupations." Specialty occupations are defined by USCIS as occupations for which a bachelor’s degree or equivalent, related to the occupation, is required to perform the job.


B) How do I qualify for H-1B status?
The threshold requirements for the H-1B visa are:

  1. Candidate must have a job offer from a US-based company.
    (Candidate can be located anywhere in the world)
  2. The job offered must require a minimum of a bachelors degree (or its equivalent),
  3. The candidate must possess this degree in a specialized field or hold the equivalent. 
  4. Foreign degrees must be translated and evaluated by a third party educational evaluation service to ensure the equivalency will be recognized by USCIS.
  5. If the degree is in an unrelated field, the candidate must provide complete transcripts, a detailed resume describing previous employment history, and letters from previous employers &/or previous coworkers confirming the work experience in the specialized field. 
  6. If not in english; the education and work experience will then need to be translated and evaluated to determine if they are recognized as equivalent to a U.S. degree in the specialized field. 
  7. If the candidate does not possess a formal degree, USCIS will recognize as the equivalent three years of full-time professional work experience in the field for every one-year of college education needed to complete a four-year degree program. In other words, if the candidate has no college education, then he or she will need to possess twelve years of full-time, related work experience.
  8. There is no minimum salary that you must have to qualify for an H-1B visa.


C) What steps are involved in the processing of an H-1B petition?
  1. Filing an initial H1B petition for the visa lottery.
  2. Form I-797C, Notice of Action is issued by USCIS to communicate information pertaining to receipt, rejection, transfer, reopening or an upcoming appointment should you be selected in the lottery.
  3. File the complete H-1B cap petition within 90 days of receiving a selection notice.
  4. Preparing and filing a Labor Condition Application (LCA).
  5. Preparing and filing the H-1B petition (after the LCA has been certified by the DOL).


D) What does an H-1B petition contain?
An H-1B petition typically contains several key components required by the United States Citizenship and Immigration Services (USCIS) to consider an individual for an H-1B non-immigrant visa. These components include:

1. **Form I-129 (Petition for a Nonimmigrant Worker)**: This is the primary form used to petition for H-1B status on behalf of the beneficiary (the foreign national worker). It includes information about the employer, the position being offered, and details about the beneficiary.

2. **Labor Condition Application (LCA)**: Before filing the H-1B petition, the employer must obtain an approved LCA from the Department of Labor (DOL). The LCA ensures that the employment of the H-1B worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.

3. **Supporting Documentation**: This includes various documents to support the information provided in the petition, such as:
   - Copy of the beneficiary's passport.
   - Educational documents (transcripts, diplomas, degrees) to demonstrate eligibility for the position.
   - Letters of experience or employment verification from previous employers, if applicable.
   - Any relevant licenses or certifications required for the position.
   - Evidence of the employer's financial ability to pay the prevailing wage to the H-1B employee.

4. **Employer Support Letter**: A letter from the employer confirming the offer of employment to the beneficiary, including details about the position, salary, benefits, and other relevant terms of employment.

5. **Beneficiary's Support Documentation**: This may include:
   - Resume or curriculum vitae (CV) detailing the beneficiary's qualifications and work experience.
   - Letters of recommendation or reference from previous employers, if available.
   - Any other relevant documentation to demonstrate the beneficiary's qualifications for the position.

6. **Optional Supporting Documentation**: Depending on the specifics of the case, additional documentation may be included to strengthen the petition, such as:
   - Job description or job offer letter.
   - Organizational chart demonstrating the beneficiary's position within the company.
   - Any additional evidence to address specific eligibility criteria or potential concerns raised by USCIS.

It's essential for the H-1B petition to be thoroughly prepared and well-documented to increase the chances of approval by USCIS. Working with an experienced immigration attorney can help ensure that all necessary components are included and that the petition is presented in the best possible light.


E) How much does an H1B petition cost?
**Filing Fees**: Payment of the required filing fees associated with the H-1B petition, - **Registration Fee for 2024 Season**:
  - $10 until 1/4/2024
  - $215 after 1/4/2024

- **Basic Filing Fee**:
  - $780 for bigger companies
  - $460 for small employers and nonprofits

- **(ACWIA) Training Fee**:
  - Ranges from $750 to $1,500

- **Fraud Prevention and Detection Fee**:
  - $500

- **Public Law 114-113 Fee**:
  - $4,000 for companies with upwards of 50 employees with over half on H-1B or L-1 status

Asylum Program Fee – This is a new fee that will be assessed on all Form I-129 and I-140 petitions to help cover the costs of asylum adjudications. This fee should also help free up SCOPS and FOD resources that have been diverted from EB adjudications to asylum adjudications.
  - $600 for employers with 26 or more Full-Time Employees (FTEs)
  - $300 for small employers (25 FTEs or less)
  - $0 for nonprofit organizations

- **Premium Processing**:
  - $2,800+

Attorney Fees (vary): H-1B attorney fees differ tremendously depending on the firm. Since the stages are now tiered, only certain companies will eventually file the complete petitions. VisaNation Law Group’s legal fees are tiered as follows:
    • One: $300 for the initial registration process, which includes all required preliminary case analyses.
    • Two: $2,600 will be due if the case is selected in the lottery for filing, including all form/support letter preparation plus case filing within the timeframe.
    • Three: $500–$1,600 will be the cost of a Request For Evidence (RFE) response, should one later be issued on the case.

NOTE: It is against U.S. legal regulations for an employer in the U.S. to require a foreign employee to pay for the H-1B fees. Be aware that site audits are common, and auditors will confirm that the employer paid their responsible fees. Employers must pay for all H-1B fees. The only exceptions where the beneficiary can pay for fees are premium processing fees and visa fees for consular processing. Premium processing is an optional fee.


C) How long will it take to receive approval of the H-1B visa petition?
  1. Processing times for H-1B petitions vary according to the availability of information needed to prepare the petition, government interruptions and backlogs at the DOL and USCIS, but typically take six months or more from the date of filing.  Government processing times are beyond the control of the company and immigration lawyers.
  2. Expedited, or “premium”, processing may be available for H-1B petitions for an additional USCIS fee of $2,800+.  If Premium Processing Service is chosen, the USCIS Service Center will take action on the petition in 15 calendar days, beginning from the date the Service Center receives the petition.  If the Service Center does not take action on the petition within the 15-day period, it will issue a refund of the additional fee.  USCIS may, at its discretion, suspend premium processing for certain H-1B case types during periods of high volume.


D) How soon after filing an H-1B petition can I start to work?
  1. Petitions are filed with USCIS Service Centers depending on the job location. 
  2. Upon approval, USCIS will issue a Notice of Approval that may be used to obtain the H-1B visa.
  3. Those individuals who have temporary work authorization based on their student visa status (Optional Practical Training) may begin employment prior to the approval of the H-1B petition provided they possess a valid Employment Authorization Document (EAD) issued by USCIS.
  4. If you are already in H-1B status with another employer, you may begin to work once the H-1B petition has been filed. This is known as H-1B portability. The timing of your start date under portability and the filing of the H-1B petition must be carefully coordinated. You must not begin your new employment until you have been advised to do so. Also, it is not advisable to leave your prior employment too soon.
  5. If you are in the United States in a status other than H-1B, you may not begin your employment with the company until the petition filed on your behalf has been approved and you have received a new I-94 form evidencing your new status. If you are outside the United States, you may not begin your employment until you have obtained an H-1B visa stamp in your passport and you have been admitted to the U.S. in H-1B status.


E) How long can I stay in the U.S. in H-1B status?
  1. Initial H-1B petitions can be approved for up to three years. 
  2. An initial extension may be filed for an additional three-year period. An extension must be filed before your current visa status expires in order to preserve your employment authorization. 
  3. Generally, individuals are entitled to a maximum of six years in H-1B status. That six-year period includes periods of time in H-1B status with other employers as well as any time spent in H-2B, H-3, H4 or L-1 status. 

F) ALL POSSIBLE EXCEPTIONS to the 6 year H1B work visa time cap/limit without PERM/i140 filed/approved:
    1. Recapture of time. If you have spent periods of time abroad during the validity of your H-1B petition, you can “recapture” that time and extend the duration of your H-1B stay for a period equal to the time you spent outside the U.S. Please contact your immigration representative to recapture this time. Example: 2weeks international vacation pear year = 2*6 = 12weeks extension. 
    2. A foreign national who has spent a full six years in H-1B status needs to spend at least one year abroad before he or she may be readmitted as "new" H-1B nonimmigrants for a full six years, subject to the cap. 
    3. Foreign nationals who did not exhaust their six-year maximum and have been abroad for one year or more may seek readmission and be granted an extension of stay in H-1B status or H-1B visa issuance at a consulate 
      1. regardless of whether they are currently in the United States or abroad and 
      2. regardless of whether they currently hold H-1B status.   
      3. But only for the unused portion of the six-year period without being subject to the cap.


G) How do I extend my H-1B status?
  1. Extensions of H-1B visa status should be filed during the six-month period prior to expiration of the current stay. 
  2. Extensions are generally granted in three-year increments up to a maximum of six years (cumulative of all stay in H or L status for any employer). 
  3. U.S. immigration law provides that a foreign national who has already been counted against the H-1B cap within the six-year period prior to approval of an H-1B petition is exempt from the cap. ("unless the alien would be eligible for a full six years of authorized admission at the time the petition is filed.")
  4. If an extension application to continue your current H-1B employment is filed prior to expiration of the current authorized stay, you may be eligible for continuous work authorization for up to 240 days (8months) (2/3rd year) while the application is pending. 
  5. If your extension application amends your current H-1B employment terms, you will be able to take advantage of the H-1B portability rule described above, and are authorized to work until approval of the extension application. In both cases there may, however, be restrictions on international travel.
  6. Upon approval of the petition extension, you will receive a new I-94 form that is attached to the bottom of the Notice of Approval. Keep this new Approval Notice in your passport. Remember that you will need to apply for a new visa stamp at a U.S. consular post the next time you travel internationally.
  7. Your HR &/or immigration representative may track expiration dates but will not assume responsibility for this function as I-94 expiration dates may vary from the expiration dates shown on the Notice of Approval for your nonimmigrant visa.  You must keep track of the expiration date on your I-94 record and those of your family members. 
  8. Your spouse and dependents in H-4 status may also be granted extensions up to the new expiration date of your stay. H4 status is not automatically extended when the primary H1 receives an approval for extension. H4 dependents need to file I-539 concurrently with H1 extension applications, to avoid accidentally falling out of status.
  9. File for PERM+i140 3-4years before 6year H1B work visa cap expires.

H) How long may I stay in the country on an H-1B visa if I get laid off?
What are my employer’s obligations if I am laid off?
  1. USCIS rules allow for a grace period of up to 60 days if your H-1B employment ends prematurely for reasons other than fraud or misrepresentation. 
  2. During this grace period, you will be deemed to be maintaining your nonimmigrant status, and may seek other H-1B employment, change status to another immigration category or prepare to depart the United States.
  3. You cannot enter the US more than 15 days before your new employment starts or after the employment ends.
  4. If your H-1B employment ends prematurely, regardless of the reason, your employer is required to notify USCIS, which may result in the revocation of your H-1B petition. 
  5. If your employer dismisses you from employment before the end of your period of authorized H-1B stay, the employer is liable for the reasonable costs of return transportation to your last place of foreign residence. 
  6. However, your employer is not liable for return transportation costs for your family members. 
  7. If you voluntarily terminate your employment prior to the expiration of the validity of the H-1B petition, this means that you have not been dismissed and your employer is not liable for the cost of return transportation.
  8. If you believe that your employer has not complied with this requirement, you may advise the USCIS Service Center that adjudicated your H-1B petition in writing. The complaint will be retained in the USCIS file relating to the petition.


I) What if I have to switch jobs from one employer/location/responsibilities to another?
During the initial 6 year H1B period (before i140 approval):
  1. If the change in location is outside of your geographical area (i.e., city or metropolitan statistical area), and/or you have a material change in job responsibilities, including promotions, the company may be required to file an amended H-1B petition on your behalf. 
  2. Any change in job location or job duties should be brought to the attention of your Human Resources/Immigration Department and/or immigration lawyers immediately.
  3. In case of "H1B transfer," you can start working for the new employer upon filing of the new H1B petition, i.e. they don't have to wait for the approval notice of the new H1B petition. 
  4. If the new H1B petition is rejected you can go back to working for your earlier employer who filed your previous H1B petition.
  5. After changing H-1B employers in accordance with USCIS procedures for making such a change, an H-1B visa holder may continue to use their original H-1B visa for entry into the United States.
  6. For the fiscal year 2024-25, the H-1B transfer/extension fee can range from $460 to $780 depending on the size of the employer. The lower fee is for small employers and nonprofits. 
  7. H-1B transfer/extension costs include the filing fee for another I-129 petition and the optional premium processing fee. 
  8. The Public Law and Anti-Fraud fees are only applicable once per beneficiary per employer. The fee is incurred when companies aim to extend the stay of their current H-1B employees and not when transferring employees between companies.
  9. The ACWIA fee has to be paid for the first extension through the same employer but does not have to be paid for the 2nd or subsequent extension.


J) Can my spouse work in the United States?
H-4 spouses are not eligible for work authorization unless they have an approved Employment Authorization Document (EAD) through their H-1B spouse's approved Form I-140 immigrant worker petition (takes 2.5-4years). You can also use an approved I-140 from an old employer to apply for H4-EAD.
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Friday, March 15, 2024

 What is an LCA = Labor Condition Application?

  1. The Labor Condition Application (LCA) is a form U.S. employers must file to sponsor non-immigrant workers in H-1B, H-1B1 or EB-2, EB-3 visa programs. 
  2. The LCA is an attestation by the employer regarding the employment and must be filed and approved by the Department of Labor (DOL). 
  3. The LCA attests to the facts that:
    1. The employer is paying the legally required wage for the position, 
    2. Working conditions of U.S. workers will not be affected by the employment of the foreign worker
    3. There is no work stoppage affecting the occupation
    4. Notice of the employer’s intent to hire a foreign worker has been posted at the worksite. (In certain situations, an LCA may already have been approved for multiple workers for the same position and location.)
  4. LCA is filed using Form ETA 9035E or 9035. 
  5. The Department of Labor Employment and Training Administration (ETA) is responsible for certifying LCA cases. 
  6. If approved, an LCA is valid for three years (H-1B and H-1B1) or two years (EB-2 and EB-3).
  7. Form 9035E is required for Online filing of an LCA through the ETA's FLAG system (used to be iCert System). All employers must use electronic filing, unless prior special permission is granted to submit paper form ETA-9035 by mail.
  8. LCA Case Number in this format: I-123-12345-123456.
  9. Enter a case number to search complete LCA information from publicly available databases like Option 1. 
  10. Every year DOL publishes a massive amount of LCA and H1B data as required by transparency protocols. Certain information, such as Federal Employer Identification Number (FEIN), personal contact info, and other confidential data are not released by the DOL, but they're required for filing LCA.


The table below captures the content of an entire Labor Condition Application (LCA) form, published by the DOL:

Case IDThis is Immigration Road's unique identifier, for easier tracking of millions of records. This number is not part of LCA. Everything else in this table comes directly from DOL.
YearFiscal Year
Case numberThis is DOL's case number, in this format: I-123-12345-123456
Case statusCERTIFIED, DENIED, WITHDRAWN, or CERTIFIED-WITHDRAWN
Case submittedDate when LCA application is submitted.
Decision dateDate when DOL makes a decision regarding the case.
Visa classClassification of visa types: H-1B, H-1B1 Singapore, H-1B1 Chile, or E-3 Australian.
Employment start dateBeginning date of the H1 or E3 worker’s employment. LCA cannot be filed more than 6 months before employment start date.
Employment end dateEnd date of the H1 or E3 worker’s employment
Employer nameEmployer's full legal name. An employer may be a person, association, firm, corporation, or organization. Full legal name is the exact same name reported to the IRS.
Employer business dbaDoing Business As (if a company is using another trade name other than their legal name).
Employer addressStreet address of the employer's principal place of business. Note that this may not be where an H-1 employee will be working, see Work Site below.
Employer city 
Employer state 
Employer postal codeZip code
Employer country 
Employer province 
Employer phone 
Employer phone ext 
Secondary entityWhether the employer will be placing the foreign worker with another entity.
Secondary entity nameIf yes, what's the second entity's legal business name, including DBA name if available.
Agent representing employerWhether the employer is represented by an immigration attorney or agent. Employers may choose to file LCA by themselves.
Agent attorney name 
Agent attorney city 
Agent attorney state 
Job titleCompany's internal job title for the H1 applicant. If a single LCA is filed on behalf of multiple nonimmigrant workers, their job titles must be the same. Otherwise a separate LCA must be submitted.
SOC codeSix-digit Standard Occupational Classification (SOC)/Occupational Network (O*NET) code for the occupation,
SOC nameJob title associated with the SOC/O*NET code above.
NAICS codeFour to six-digit North American Industry Classification System (NAICS) code that best describes the employer’s business, not the nonimmigrant worker's job.
Total workersTotal number of positions being requested on this form.
New employmentNext six fields are used to break down the total number, based on USCIS I-129 classifications.
Continued employment 
Change previous employment 
New concurrent emp 
Change employer 
Amended petition 
Full time positionGenerally, full-time employment means over 35 hours per week. Full-time and part-time jobs cannot be combined on a single LCA.
Prevailing wagePrevailing wage
PW unit of payWhether rage of pay is per hour, week, bi-week (every two weeks), month, or year
PW wage level 
PW wage sourceThe source of prevailing wage determination, such as Prevailing Wage Determination (PWD) or Occupational Employment Statistics (OES). Must choose only one source.
PW source otherAnother legitimate source (other than OES) or an independent authoritative source.
Wage rate of pay fromActual wage to be paid to the nonimmigrant worker. Must be greater than or equal to prevailing wage.
Wage rate of pay toMaximum wage, if entered as a range.
Wage unit of payWhether rage of pay is per hour, week, bi-week (every two weeks), month, or year
H1b dependentWhether an employer is designated as H-1B Dependent, determined by the ratio of H-1B employees (both full-time and part-time) vs total workforce: If an employer has a total of 1-25 full-time equivalent employees in the U.S., but 8 or more of them are H-1B workers, the employer is considered H-1B dependent. For 26-50, the threshold becomes 13 or more. For a total workforce of 51 or more employees, 15% or more is the threshold.
Willful violatorThe employer is a willful violator if the employer has been found during the five (5) years preceding the date of the application (and after October 20, 1998) to have committed a willful violation or a misrepresentation of a material fact.
Support h1bIf an employer answers "Yes" to either Willful Violator or H-1B Dependent, they must indicate whether they're using this form only to support petitions or extensions for EXEMPT H-1B filings.
Statutory basisIf "Yes" to previous question, what is the basis for an exemption. Annual wage, Master's Degree or higher, or both.
Labor con agree



References:
LCA information released by the Department of LaborLCA Database: Search Labor Condition LCA Database: Search Labor Condition Application by Case Number - H1B Sponsors, Jobs, and Salaries (immigrationroad.com)
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Friday, March 15, 2024

Automatic revalidation (contiguous territory rule):

  1. All valid H1B, H4, L,F,J visa holders with expired visa stamps in their passports who went outside the U.S. for travel to Canada, Mexico for 30 days or less are eligible to re-enter the USA without getting a new visa stamp. 
  2. Automatic revalidation is not available if you are going for visa stamping in Canada or Mexico. 
  3. There should be no pending visa application at the time of re-entry to make use of the ‘Automatic Revalidation’ process.
  4. Automatic revalidation is also allowed in case you change your visa status after entering the US territory on some other visa.
  5. You cannot enter the USA using the AVR process if your visa application is pending with the US embassy in Canada or Mexico.
  6. if you have applied for a new visa while in Canada or Mexico, or are a citizen or national of Cuba, Iran, North Korea, Sudan, or Syria, you will not be accorded automatic revalidation and consequently will not be readmitted to the United States without obtaining a new visa abroad.
  7. If the visa stamp is denied or is pending for form 221g or DS 5535 processing with the US embassy, you cannot use the automatic visa revalidation rule. If you are still allowed then it may pose future issues at the time of your green card processing.
  8. Once you use the Automatic Visa Revalidation process, the old expired visa is considered valid only up to that date and day.
  9. An expired nonimmigrant visa may be "automatically" extended to the date of reapplication for admission when a foreign national has made a trip of 30 days or less in duration to Canada or Mexico (or, in the case of a qualified F or J student or exchange visitor, to Canada, Mexico, or adjacent island other than Cuba) and is applying to be readmitted to the United States to resume nonimmigrant status. Where the individual's original nonimmigrant classification has been changed to another nonimmigrant classification, an expired or unexpired visa is automatically extended to the date of application for readmission, and the visa is converted to the new classification.
  10. A foreign national who has applied for a new visa while in a nearby country will not be able to obtain automatic revalidation.
  11. The applicant will not be permitted to reenter the United States until all security checks pursuant to the application have been completed and the new visa has been issued.
  12. Individuals who are nationals of countries identified as state sponsors of terrorism are ineligible for automatic revalidation; currently, these countries are North Korea, Iran, Sudan, and Syria.
  13. NOTE: Puerto Rico & US virgin islands are both US territories and travel from US mainland airport to their domestic terminals is considered as domestic travel. No new i94 is issued. US driving license can be used as ID. At minimum a valid i20 or i797 is required.


To qualify for the automatic extension, the foreign national must:

    1. Possess a Form I-94 Arrival-Departure Record showing an unexpired period of initial admission or extension of stay.  A qualified F or J student or exchange visitor must have a current Form I-20 Certificate of Eligibility for Nonimmigrant Student Status or Form DS-2019 Certificate of Eligibility for Exchange Visitor Status, endorsed by the issuing school or program to indicate the period of stay authorized by USCIS.
    2. Have maintained and intend to resume nonimmigrant status.
    3. Apply for readmission after an absence from the United States of 30 days or less.
    4. Apply for readmission to the United States within the authorized period of initial admission or extension of stay.
    5.  Possess a valid passport.
    6. Have traveled to a contiguous territory within North America.  
    7. In the case of a student (F) or exchange (J) visitor, the travel must have occurred to a contiguous territory within North America or to any of the following islands:

      AVR applicable adjacent islands:
    1. Saint Pierre
    2. Miquelon
    3. The Dominican Republic
    4. Haiti
    5. Bermuda
    6. The Bahamas
    7. Barbados
    8. Jamaica
    9. The Windward and Leeward Islands
    10. Trinidad
    11. Martinique
    12. Other British, French, and Netherlands territories or possessions in or bordering on the Caribbean Sea

References:
https://www.am22tech.com/automatic-revalidation-visa-usa/
https://www.am22tech.com/us-visa-travel-puerto-rico/
https://www.fragomen.com/migrated-sitemap-pages/know-your-obligations.html
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Thursday, March 14, 2024

 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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