Glossary of Visa and Immigration Terms

If a Foreign National is inside the U.S. in valid status, they could elect to file their green card application as "AOS". This would mean that they can adjust their status from inside the U.S., without having to travel abroad.

Foreign Nationals (FNs) who are applying for the green card as Adjustment of Status (AOS) will attend an AOS interview before their green card can be approved. 

A unique number assigned to Foreign Nationals by the Department of Homeland Security.

Foreign Nationals (FNs) who are applying for the green card as Adjustment of Status (AOS) will receive AP. Once the AP is approved, they can travel internationally and re-enter the U.S. while their green card application is pending.

The minimum wage that H-2A employers must pay to prevent U.S. workers' wages from being depressed by the influx of temporary foreign agricultural workers.

The Department of Labor (DOL) can issue audits to filed Labor Certification (LCs), typically asking for recruitment documents to ensure that all mandatory steps were completed. If an audit is issued, this will typically extend the timeline for when DOL will approve the LC.

In the EB-3 context, the Beneficiary is the foreign national being sponsored for the EB-3 job. 

The maximum number of H-2B visas issued each fiscal year.

Under immigration law, a "child" must be under 21 years old and unmarried. Children of the primary applicant may be eligible for immigration benefits. 

"Citizenship" is different than "nationality". Typically, citizenship is evidenced by a person's passport. Nationality is where the person was born. You can change your citizenship but not your nationality. For example, someone can be a U.S. citizen but a national of Vietnam. 

Consular processing means applying for a green card from outside the U.S. Once approved, the Foreign National (FN) will be issued an immigrant visa to enter the U.S. as a Lawful Permanent Resident.

The U.S. Consulate abroad is where Foreign National(s) who are Consular processing will attend their immigrant visa interview and obtain their immigrant visa to enter the U.S. 

The exchange of knowledge and perspectives that enriches both the participant and the host community.

CBP is a U.S. government agency within the Department of Homeland Security. CBP officials protect the U.S. border, enforce customs and immigration regulations, and inspect new arrivals before admitting them to the United States. 

The U.S. government agency that handles domestic security, including most immigration functions. USCIS and the CBP are both a part of the DHS. 

The U.S. government agency that handles criminal justice and law enforcement. Immigration courts and some immigration appeals are administered by the DOJ. 

DOL is the U.S. department responsible for reviewing and approval Prevailing Wage Determinations (PWDs) and Labor Certifications (LCs). 

The U.S. government agency that handles foreign affairs and diplomacy and runs U.S. consulates and embassies around the world.

Dependents are the legal spouse and/or children (unmarried and under 21) of the primary applicant. 

Official certificate needed for a J-1 visa; issued by the sponsor.

A mark or stamp made on a temporary visitor’s I-94 record (in the admit-until date section) when they are admitted to the United States. The D/S mark (sometimes also referred to as “Duration of Stay”) allows a visitor to remain in the United States for as long as they maintain their current immigration status.  

EB-3 Skilled, also known as "EB-3 Skilled Workers or Professionals," is the employment-based immigrant category used to sponsor foreign workers who can perform skilled labor and whose job requires at least two years of training or experience (Skilled) or hold at least a U.S. bachelor’s or foreign equivalent degree (Professional). Skilled workers must also meet any educational, training, or experience requirements of the job opportunity.

EB-3 Unskilled, also known as "EB-3 Other Worker," is the employment-based immigrant category used to sponsor foreign workers who will be performing unskilled jobs in the U.S., such as janitors, food preps (fast food workers), factory workers, etc. 

A U.S. employment-based visa for skilled workers, professionals, and other workers that leads to a green card and permanent U.S. residency. 

A diplomatic office, usually located in a foreign country’s capital city and headed by an ambassador. In many countries, the United States also maintains smaller diplomatic offices called consulates in important towns and cities. Both consulates and embassies offer a wide range of immigration services. 

Also called a work permit. A card issued by the U.S. Citizenship and Immigration Services (USCIS) that proves a non-citizen has legal permission to work in the United States for a specific period. 

ETA-9089, Labor Certification (LC), and PERM are all the same things. Internally, we use the term Labor Certification (LC), but this same form can be referred to externally as either the ETA-9089 or PERM. 

Allows foreign nationals to come to the U.S. temporarily to teach, study, research, observe, train, or demonstrate special skills, fostering mutual understanding and strengthening educational, scientific, and cultural ties between countries.

A regional USCIS office that provides services for people resident in a given district.

Fee(s) that must be paid to the government when submitting certain immigration petitions or applications. 

An individual who is not a citizen of the United States but holds citizenship in another country. This term is often used to refer to non-citizens, including permanent residents (green card holders) and temporary visitors or workers. 

GM is the team responsible for working with employers throughout the recruitment process and working with Foreign Nationals (FNs) to prepare and file the Labor Certifications (LCs). 

The green card is evidence of Lawful Permanent Resident (LPR) status, meaning that the Foreign National can permanently live and work in the U.S. 

A temporary, nonimmigrant work visa that allows U.S. employers to bring foreign agricultural workers to the U.S. to fill jobs for which there is a shortage of available U.S. workers.

Allows U.S. employers to temporarily hire foreign workers for non-agricultural jobs when there is a shortage of U.S. workers.

An American organization or educational institution approved by a J-1 Sponsor to receive an international J-1 Exchange Visitor for a cultural or educational program.

The form a U.S. employer uses to petition USCIS to hire a foreign worker temporarily to perform services, labor, or receive training in the United States.

The I-140 immigrant petition is a form that is filed with USCIS once the Labor Certification (LC) is approved. The I-140 states that the employer is sponsoring the Foreign National (FN) for a specific position in the U.S. The I-140, by itself, does not provide the FN with status to remain in the U.S. or U.S. work authorization. 

If the filing is denied, the attorney may use Form I-290B to appeal the denial to the Administrative Appeals Office (AAO) or file a motion to reconsider or reopen (MTR) with USCIS. 

I-551 stamp is a sticker in the passport that will provide temporary evidence of someone's Lawful Permanent Resident (LPR) status. 

I-9 is a form used to verify the identity and work authorization of people employed in the U.S. The employer is required to promptly complete the I-9 form for each new hire. The worker must provide documentation of their identity and work authorization. 

Clients who are Consular processing will receive an immigrant visa. Consular processing means applying for a green card from outside the U.S. Once approved, the Foreign National (FN) will be issued an immigrant visa to enter the U.S. as a Lawful Permanent Resident. 

The U.S. law enforcement agency tasked with enforcing immigration law and with identifying and deporting unlawful immigrants. Part of the Department of Homeland Security. 

IRS is the U.S. government agency that collects taxes from individuals and businesses. 

A non-immigrant visa type for individuals who come to the United States as an exchange visitor.

Visa for spouses or children of J-1 participants.

A job order is a written contract and mandatory step in many immigration processes that details a foreign worker's job terms, like salary and benefits, and is often a prerequisite for obtaining a work visa, which is the permit allowing a foreign national to enter and work in a specific country.

A document an employer files to obtain a labor certification, which is a required step for certain employment-based U.S. visas.

Required approval from DOL confirming that hiring H-2 workers will not adversely affect U.S. workers' wages and working conditions. 

Lawful Permanent Resident (LPR) status means that the Foreign National can permanently live and work in the U.S. LPR is used interchangeably with "green card holder." 

If a petition/application is denied by USCIS, the attorney may recommend filing an MTR. A Motion to Reopen is based on documentary evidence of new facts to request that the case be reopened. A Motion to Reconsider is based on the argument that the government incorrectly applied the law in denying the filing. 

For Consular processing EB-3 Unskilled clients, once the I-140 immigrant petition is approved, the NVC provides initial review of submitted documentation and then forwards approved petitions to a U.S. Embassy/Consulate for processing. 

Nationality is where the person was born. You can change your citizenship but not your nationality. For example, someone can become a U.S. citizen but will remain a national of Vietnam. 

The process of gaining U.S. citizenship. Green card holders are generally eligible to naturalize after between 3 and 5 years as permanent residents. 

The specific job and work location offered by a Sponsor. One sponsor could have one offering or multiple offerings (e.g., different jobs or multiple work locations in different Metropolitan Statistical Areas). 

Permanent labor certification, a mandatory step for U.S. employers seeking to sponsor a foreign national for an Employment-Based Green Card (specifically EB-2 or EB-3 categories). PERM, Labor Certification (LC), and ETA-9089 are all the same.

In the EB-3 Unskilled context, the Petitioner is the employer sponsoring the foreign workers. Sponsor, Employer, and Petitioner refer to the same thing and are used interchangeably. 

Minimum wage rate that must be paid to international workers based on occupation and geographic location.

Refers to the main applicant. For example, if Mary wants to go through the EB-3 unskilled process and she has a spouse. Mary would be considered the Primary, and her spouse would be considered her Dependent. 

A person designated by a J-1 Exchange Visitor Program sponsor to manage and oversee its specific exchange program. They are responsible for administering the program and ensuring that it and its participants comply with U.S. Department of State regulations. 

A tracking number issued by USCIS to help track the status of a filed application/petition. 

The mandatory steps an employer must take to prove that no qualified U.S. workers are available for a job before sponsoring a foreign national for a work visa.

USCIS may issue an RFE if the government thinks that they need more information or documentation before making a final decision on the petition/application. A RFE request does not mean that the case will be denied. 

Usually, the Visa Bulletin’s cut-off dates move forward over time. When there are more applications than the government was expecting, the cut-off dates may move backwards. Retrogression is the cut-off date in the Vis Bulletin moving backwards due to an increase in demand. 

Employment tied to seasons, weather patterns, or annual cycles typically lasting less than one year. 

A web-based U.S. government database that monitors international students and exchange visitors (J visas).

Visa participant’s unique number in the SEVIS system.

The state-level entity responsible for administering programs and services that connect job seekers with employers.

A U.S. employer who petitions for a foreign worker to receive permanent residency to work in a full-time job in the United States.

A U.S. employer who hires temporary foreign workers to fill seasonal or temporary jobs when there is a shortage of available U.S. workers. 

An organization, such as a university, cultural institution, or government agency, officially designated by the U.S. Department of State to administer a J-1 Exchange Visitor Program.

Certification from the Department of Labor that allows an employer to hire international workers.

Labor requirements that are seasonal, peak load, intermittent, or one-time occurrences rather than permanent staffing needs. 

A program that allows people from certain countries hit by conflict, civil disorder, or natural disaster to live and work in the United States. 

A mandatory U.S. Department of State document for J-1 Intern and Trainee visa applicants, detailing their specific learning goals, planned activities, and how their progress will be supervised and measured.

Also known as 212(e) or the two-year home-country physical presence requirement, mandates that certain J-1 visa holders must return to their country of nationality or last permanent residence for at least two years after their J-1 program ends. 

Refers to when Foreign Nationals (FNs) work in the U.S. without the necessary work authorization. Unauthorized work may have an immigration impact. 

A period when a Foreign National (FN) is present in the United States without authorization, such as when an FN stays in the U.S. after their I-94 has expired. Unlawful presence may have an immigration impact. 

U.S. Citizenship and Immigration Services is responsible for reviewing and processing immigration-related applications/petitions.  

The visa stamp is the sticker in the Foreign National's (FN's) passport. Typically, FNs will need a valid visa stamp to enter the U.S. The visa stamp is an entry document. 

The Visa Bulletin is issued every month by the Department of State. It shows which green card applications can be filed, and which filed applications can move forward to green card issuance, based on when the labor certification (LC) was filed.  

An employer's legal obligation to pay an international worker the "required wage," which is the greater of the local prevailing wage for the occupation in that area or the employer's actual wage paid to other workers with similar experience and qualifications.

Also called an Employment Authorization Document (EAD). A card issued by the U.S. Citizenship and Immigration Services (USCIS) that proves a non-citizen has legal permission to work in the United States for a specific period. 

The physical location or address where the foreign national employee performs their work duties. This is a crucial element that impacts various aspects of the visa process and ongoing compliance.   

An employer's adherence to the terms and conditions of a visa petition or other immigration benefit, including verifying the employee's identity and work authorization (Form I-9), ensuring the employee is working at the correct location and performing the duties and receiving the salary stated in the petition, and complying with wage and working condition rules.