Common Immigration TerminologyFollowing are definitions of some common terms and acronyms in immigration: Adjustment of Status:An individual currently in the United States may be eligible to "adjust" his/her status to U.S. permanent residence (rather than filing abroad at a U.S. Consulate via Consular Processing) by filing an application (with supporting documentation) with CIS, via Form I-485. American Immigration Lawyers Association (AILA):AILA is a national association for immigration attorneys, of which all RS attorneys are members. It provides a broad network of attorneys throughout the United States and in many foreign countries for consultation about cases and specialties, and also provides liaisons to the U.S. Citizenship & Immigration Services, the U.S. Department of Labor, U.S. Department of State, and other government organizations to permit answers to questions and resolution of problem cases. Citizenship & Immigration Services (CIS):Formerly Immigration and Naturalization Services (INS), CIS is a division of the Department of Homeland Security and is one of the agencies which oversee immigration into the United States. CIS Local Office:The CIS local office in Boston (and those in other cities) performs interviews for adjustment of status to permanent residence cases and for citizenship cases, and provides a limited range of other local immigration services. Consular Processing:An individual residing abroad (or someone who is residing in the U.S. but is ineligible or has elected not to adjust his/her status), may apply for an immigrant visa (i.e. permanent residence) at a U.S. Consulate abroad after obtaining an approved immigrant visa petition, as soon as the individual is eligible for an immigrant visa number (i.e. as soon as the individual's priority date is current). Department of Homeland Security (DHS):U.S. Government entity, three branches of which oversee U.S. immigration procedures: Citizenship & Immigration Services (CIS), Customs & Border Protection (CBP), and Immigration & Customs Enforcement (ICE). Department of Labor (DOL):In the immigration context, DOL oversees the filing of Labor Condition Applications (LCAs) for the H-1B process, and also adjudicates PERM labor certification applications (see below). Department of State (DOS):In the immigration context, DOS allocates the yearly allowance of immigrant visa numbers, and issues the monthly Visa Bulletin indicating immigrant visa availability for the coming month. U.S. Consulates and Embassies abroad, under the authority of DOS, are responsible for processing and issuance of immigrant and nonimmigrant visa stamps to individuals. DS-2019:The visa form for a J-1 exchange visitor visa, which is issued by the institution sponsoring the J-1 program and certified through the Student & Exchange Visitor Information System (SEVIS). Dual Intent:The H-1B and the L-1 visas allow for what is known as "dual intent." This means that the individual can enter the United States as a nonimmigrant in H-1 or L-1 status with the intention to either return to his/her home country or to adjust his/her status to permanent residence while in the United States (i.e. he or she can have the intent to immigrate). Other visas, such as F-1 (students), TN (NAFTA), and B-1 (visitor for business), do not permit dual intent. For those visas, the individual must maintain ties to his/her home country, and must also have the intent to return at the end of his/her authorized stay in the U.S. Employment Authorization Document (EAD):EAD cards are typically valid for one to two years and provide work authorization for qualified individuals, but can only be obtained on the basis of a qualifying, underlying status. E-VerifyE-Verify is an internet-based system operated by the Department of Homeland Security, in partnership with the Social Security Administration, which allows participating employers to electronically verify the employment eligibility of their newly hired employees. "Green Card":An I-551 Permanent Resident Card, a.k.a. "Green Card," is the documentary evidence held by U.S. permanent and conditional residents. I-94 card:I-94 cards are issued to nonimmigrants upon entry into the United States. The I-94 card is typically white (except visa waiver I-94s, which are green) and should be kept in the individual's passport at all times. The card is stamped with the date and location of most recent entry into the United States, as well as the person's current status. The stamp on the I-94 card also indicates when that person's authorized stay in the United States expires. Certain Canadians do not receive new I-94 cards for each entry, and travelers to Canada who return to the U.S. within 30 days often will not receive new I-94s upon their return. Upon granting an extension of stay, CIS issues an extended I-94 card to extend a person's authorized stay (along the bottom of the approval notice). I-797 Notice/Form:The notice/form type issued by CIS upon receipt or approval of an application or petition. Immigrant:An immigrant is someone who has been granted permanent residence and is allowed to work and remain in the United States permanently. Labor Certification/PERM:For many job categories, the labor certification process is the first step of the employment-based permanent residence process. The labor certification process changed in March 2005 to what is known as the PERM process. Labor certifications are filed with DOL after significant recruitment has occurred in the geographic area where the permanent job opportunity is located to determine whether there are qualified U.S. workers who are willing, able, and available to fill the position. Nonimmigrant:A nonimmigrant is someone who is allowed to enter and remain in the United States temporarily for a prescribed purpose. Unless in a nonimmigrant status which allows for dual intent, all nonimmigrants must demonstrate ties to their home country. Permanent Residence:U.S. permanent residence allows an immigrant to remain in the United States and work without any separate visa status. Permanent residence can generally be obtained through marriage to a U.S. citizen or permanent resident, employment, political asylum, refugee status or through the Diversity Visa Lottery. Permanent residence is intended for individuals who live and work in the U.S., not those who wish to live abroad and travel periodically back and forth to the U.S. As a permanent resident, individuals cannot vote. Males between the ages of 18 and 26 who are permanent residents must register with Selective Service. Priority Date:An individual's priority date is established by the date of filing of the labor certification application or, in cases where a labor certification is not required, the date of filing of the immigrant visa petition (I-130/I-140). The priority date determines the individual's eligibility for an immigrant visa number (see Retrogression below). Request for Evidence (RFE):RFEs are issued by the Adjudicating Officer at CIS if he or she feels that the initially-submitted evidence is not sufficient to approve or deny the case. Upon receiving a response to the RFE before the response deadline, CIS will continue processing the case. Retrogression/Backlog (a.k.a. Visa Retrogression):Visa retrogression occurs when demand exceeds supply for a particular visa category or foreign country. In that case, an immigrant visa number becomes unavailable or a cut-off date is imposed. In order to obtain permanent residence, an individual must first be allocated an immigrant visa number. Immigrant visas are issued based upon the preference category of filing for permanent residence (employment- or family-based), the country of birth of the applicant, and the individual's priority date. Visa numbers are awarded when a priority date is "current" – meaning the priority date is earlier than the current priority date listed for the relevant preference category and country on the Department of State's monthly visa bulletin. The visa cutoff dates on the visa bulletin are established based on projections from CIS and DOS regarding expected usage; since such projections can vary from actual usage, visa availability can jump forwards or backwards from one month to the next. SEVIS I-20The visa form for an F-1 student visa, issued by the school of enrollment and certified through the Student & Exchange Visitor Information System (SEVIS). Status:Defines the visa category an individual holds in the U.S. Once a nonimmigrant is granted a new status, and/or once an individual enters the U.S. using a visa stamp in his/her passport for that status (see below), the individual is then in that status for the duration of the validity period indicated on his/her I-94 card, provided he or she continues to maintain the terms of the visa classification. A person cannot hold more than one nonimmigrant status at a time. U.S. Citizenship & Immigration Services (USCIS):See Citizenship & Immigration Services above. Visa/Visa Stamp:Visas are documents issued by U.S. Consulates abroad and stamped in a person's passport, which entitle the holder to enter the United States in a particular nonimmigrant or immigrant status. When traveling abroad (or if not yet in the U.S.), individuals (other than Canadian nationals) who have been approved for a specific status must visit a U.S. Consulate to obtain a visa stamp in their passports in order to (re-)enter the United States. Visa Waiver:Citizens of many EU countries and several other countries with whom the U.S. has agreements are eligible to enter the U.S. under the Visa Waiver program. Pursuant to this program, visitors may enter the U.S. either for business or for pleasure and stay for up to 90 days without obtaining a B visitor's visa in their passports. However, such individuals are ineligible to change or extend their status in the U.S. or for other benefits under immigration law. Visa Waiver visitors must register with the Electronic System for Travel Authorization (ESTA) prior to traveling to the United States. |
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