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FAQ
Employment-Based Immigration Glossary
Unsure about the lingo? Don’t be shy, look up a term here.
A
Adjustment of Status (AOS)
The process of applying for a green card from within the U.S. without having to leave the country.
Administrative Procedure Act (APA)
A U.S. federal law that governs how federal agencies propose and establish regulations.
Advance Parole
A travel document that allows certain foreign nationals to travel outside the U.S. and return while their adjustment of status application is pending.
Advertisement
A paid announcement in a professional publication or website to attract qualified candidates during PERM recruitment.
Affidavit
A written statement of fact that is sworn under oath.
Affidavit of Support
A document ensuring a visa applicant has financial sponsorship in the U.S.
Age Out
A situation where a child's age exceeds the permissible limit to be included in their parent's immigration petition.
Alien
A person who is not a citizen or national of the United States
Alien Labor Certification (LC)
Another term for PERM, indicating DOL's approval to hire a foreign national.
Alien Registration Number (A-Number)
A unique identifier assigned to non-citizens by USCIS.
Appeal
A request to a higher authority to review a decision made by a lower authority.
Applicant Final Action Date
The date when an applicant can receive a green card, as indicated in the Visa Bulletin.
Approval
A formal decision by USCIS or another agency to grant an immigration benefit.
Attorney-Client Privilege
A legal principle that protects communications between an attorney and their client.
Audit
An investigation by the DOL into an employer's PERM application or LCA process.
Audit File
A collection of documents relating to the PERM recruitment process, which may be requested by the DOL.
B
B-1 Visa
A nonimmigrant visa for business visitors.
B-2 Visa
A nonimmigrant visa for tourists and visitors.
Background Check
The process of verifying an applicant’s criminal history, work history, and educational background.
Beneficial Ownership
The actual person or entity that has ownership or control of an entity.
Beneficiary
The foreign national who is seeking an immigration benefit.
Biometrics Appointment
A scheduled appointment for fingerprinting, photos, and/or signature collection related to a pending application.
Board of Immigration Appeals (BIA)
An appellate body for Immigration cases in the US.
Business Necessity
A requirement for a position that is a necessary part of the business operation and cannot be easily adjusted.
C
Cap Gap
The period between when an H-1B visa petition is approved and the start date of the fiscal year (October 1st) when the worker is eligible to start.
Case Processing Time
The estimated length of time for USCIS or other agencies to adjudicate a case.
Concurrent Filing
The process of filing multiple immigration applications at the same time, often used for adjustments of status.
Consular Interview
A required interview at a U.S. consulate for visa applicants.
Consular Processing
The process of obtaining an immigrant visa at a U.S. embassy or consulate abroad.
Contract Employee
An employee who is hired for a limited period to complete a specific project.
Country of Chargeability
The country used for visa quota purposes, usually the applicant’s country of birth.
Credential Evaluation
An assessment of foreign education to determine its U.S. equivalent.
Current (Visa Bulletin)
A priority date that is eligible for green card processing without delays.
Curricular Practical Training (CPT)
Employment authorization for F-1 students that is a direct part of their degree program.
D
Day 1 CPT
Work authorization for F-1 students from the first day of their program.
Denial
A formal decision by USCIS or another agency to reject an application or petition.
Department of Labor (DOL)
The federal agency responsible for overseeing labor-related aspects of immigration.
Department of State (DOS)
The federal agency that handles visa issuance through U.S. embassies and consulates abroad.
Derivative Beneficiary
A family member (spouse or child) who receives immigration status based on the principal applicant's status.
Direct Hire
When an employer hires an employee, directly, not through a third-party agency.
Dual Intent
A visa classification allowing nonimmigrants to apply for permanent residence without invalidating their temporary visa status.
Due Process
A legal principle requiring the government to follow procedures that ensure fairness and transparency.
E
E-1 Visa
A nonimmigrant visa for treaty traders.
E-2 Visa
A nonimmigrant visa for treaty investors.
E-3 Visa
Specialty occupation visa exclusively for Australian nationals.
E-Verify
An online system that allows employers to electronically verify the employment eligibility of their employees.
EAD (Employment Authorization Document)
A document that allows a foreign national to work in the U.S.
EB-1
The employment-based first preference category for individuals with extraordinary ability, outstanding professors, and multinational executives/managers.
EB-1A
Green card for individuals with extraordinary ability.
EB-1B
Green card for outstanding professors and researchers.
EB-1C
Green card for multinational executives and managers.
EB-2
The employment-based second preference category, primarily for advanced degree professionals.
EB-2 NIW
Green card for professionals whose work benefits the U.S. and qualifies for a PERM waiver.
EB-2 PERM
Employer-sponsored green card for advanced-degree professionals.
EB-3
The employment-based third preference category for skilled workers, professionals, and other workers.
EB-5
The employment-based fifth preference category for investors who create jobs in the U.S.
Electronic System for Travel Authorization (ESTA)
Online pre-clearance system for Visa Waiver Program travelers.
Employee Handbook
A written guide of employer policies that employees follow.
Employment-Based Immigration
Immigration pathways that allow foreign nationals to obtain legal status in the U.S. through employment opportunities.
Executive or Manager
A role within a company involving setting strategy or direction, relevant for L-1A visas.
Exempt Employee
An employee who is not subject to minimum wage and overtime requirements.
F
F-1 Visa
A nonimmigrant visa for international students.
Federal Court
A court at the federal level that handles some appeals to immigration rulings.
Federal Labor Law
Laws that exist to protect workers from unfair treatment and safety issues.
Fee Waiver
A request to waive government application fees, often based on an inability to pay.
Field Office
A USCIS office that may hold in person interviews.
Foreign Degree Evaluation
An assessment that states the equivalency of foreign education in the US.
Foreign National
A non-U.S. citizen, synonymous with "Alien."
Form DS-160
Online application form for nonimmigrant visas.
Form DS-260
Online application form for immigrant visas.
Form G-28
Notice of Entry of Appearance as Attorney or Accredited Representative.
Form I-129
Petition for a Nonimmigrant Worker.
Form I-130
The Petition for Alien Relative which can be used for some family members who will then pursue adjustment of status through employment.
Form I-131
Application for Travel Document.
Form I-140
Immigrant Petition for Alien Worker, used for employment-based green cards.
Form I-485
Application to Register Permanent Residence or Adjust Status.
Form I-765
Application for Employment Authorization.
Full-Time Employee
An employee that regularly works 35-40+ hours per week.
G
Good Faith Effort
When an employer acts genuinely, with honesty and the intent to comply with the regulations.
Grace Period
Time allowed for visa holders to remain in the U.S. after their status expires (e.g., 60 days for H-1B).
Green Card
A document proving a foreign national's permanent resident status in the U.S.
H
H-1B Cap
The annual numerical limit on new H-1B visas (65,000 regular cap, 20,000 for master’s degree holders).
H-1B Lottery
Random selection process for H-1B applicants exceeding the cap.
H-1B Transfer
Process allowing an H-1B worker to change employers without leaving the U.S.
H-1B Visa
A nonimmigrant visa category for specialty occupation workers.
H-1B1 Visa
A nonimmigrant visa category for specialty occupation workers from Chile and Singapore.
H-2B Visa
A nonimmigrant visa for temporary non-agricultural workers.
H-3 Visa
A nonimmigrant visa for trainees.
H-4 EAD
Work authorization for H-4 spouses of H-1B visa holders.
Hardship Waiver
A waiver of certain grounds of inadmissibility based on extreme hardship to a U.S. citizen or permanent resident.
I
I-140 Portability
The ability to change employers while maintaining an employment-based green card application.
I-9 Form
Employment eligibility verification form required for all U.S. employees.
I-94
The arrival/departure record issued to nonimmigrants entering the U.S.
I-94 Arrival/Departure Record
Document showing a foreign national’s authorized period of stay in the U.S.
Immigrant
A foreign national who seeks to live permanently in the U.S.
Immigrant Intent
The desire to live permanently in the U.S.
Immigrant Visa
A visa that allows a foreign national to enter the U.S. as a permanent resident.
Immigration Court
The court system used to hear appeals to immigration decisions.
Immigration Fraud
A false or misleading claim that is made to gain an immigration benefit.
Immigration Judge
A judge that hears cases in the US Immigration Court.
Immigration Reform and Control Act (IRCA)
Federal law passed in 1986 which made it illegal to hire or employ undocumented workers.
Immigration and Nationality Act (INA)
The fundamental law governing immigration to the United States.
Inadmissible
When a person is not eligible to enter the US for various reasons including criminal history or health concerns.
Independent Contractor
A person hired to perform a specific task but who is not under direct management.
Initial Evidence
The documents that are needed to submit along with an application.
J
J-1 Visa
A nonimmigrant visa for exchange visitors, including scholars, researchers, and trainees.
J-1 Waiver
A waiver of the requirement to return home for two years before seeking a change of status for certain J-1 holders.
Job Description
A detailed description of the essential functions and duties of a job position.
Job Order
A listing of a job position filed with a state workforce agency during the PERM recruitment process.
Job Vacancy
A vacant position in a company that is being actively recruited for.
L
L-1A Visa
A nonimmigrant visa for intracompany transferees who are executives or managers.
L-1B Visa
A nonimmigrant visa for intracompany transferees with specialized knowledge.
Labor Condition Application (LCA)
A document filed with the DOL by employers seeking to employ foreign workers under certain visa categories.
Lawful Permanent Resident (LPR)
A foreign national with a U.S. green card.
Legal Brief
A written legal document arguing a point of law.
M
Material Change
A change in employment that impacts the terms of a visa, often requiring an amendment.
Minimum Requirements
The education, experience, and other qualifications needed for a job position.
Motion
The education, experience, and other qualifications needed for a job position.
Motion to Reconsider
A request to USCIS to reconsider a decision based on a mistake in law or fact.
Motion to Reopen
A written legal document arguing a point of law.
N
National Interest Waiver (NIW)
A waiver of the job offer requirement for EB-2 immigrant visas for foreign nationals whose work is in the national interest.
Non-Exempt Employee
An employee who is subject to minimum wage and overtime requirements.
Non-Immigrant Intent
The desire to live temporarily in the U.S. with no intent to remain permanently.
Nonimmigrant
A foreign national who seeks to enter the U.S. for a temporary period.
Nonimmigrant Visa
A visa that allows a foreign national to enter the U.S. for a temporary purpose.
Nonprofit
An organization that does not operate to generate a profit.
Notice of Action
An official communication from USCIS acknowledging receipt of an application or informing of a decision.
Notice of Filing (NOF)
A notice posted at the employer's worksite and in any in-house media informing employees of the PERM filing.
Notice of Intent to Deny (NOID)
A USCIS notice informing an applicant of potential denial and requesting additional evidence.
Notice of Intent to Revoke (NOIR)
A USCIS notice stating that an approved petition may be revoked.
O
O-1 Visa
A nonimmigrant visa for individuals with extraordinary ability or achievement.
Optional Practical Training (OPT)
Temporary employment authorization for F-1 students to gain practical experience related to their field of study.
P
PERM
The process of obtaining labor certification from the DOL, a step required for many employment-based immigrant visa categories.
PERM Labor Certification
A required step for most employer-sponsored green cards to ensure no qualified U.S. workers are available.
Passport
A travel document issued by a government that verifies one's identity and citizenship.
Permanent Resident
A foreign national who has been granted the right to live and work permanently in the U.S.
Petitioner
The U.S. employer or individual sponsoring a foreign national for an immigration benefit.
Portability
The ability of some foreign nationals to transfer their approved immigration status or green card process to a new employer.
Premium Processing
A USCIS service that expedites visa petition adjudication for an additional fee.
Prevailing Wage
The average wage paid to similarly employed workers in a specific occupation and geographic area.
Priority Date
The date an immigration petition is filed, which is used to determine when a visa becomes available.
Professional Job
A job that requires a minimum of a Bachelor's degree.
Public Access File
A file containing documentation that employers are required to maintain and make available to the public during the LCA process.
Public Charge
A designation for an individual who is deemed likely to become primarily dependent on public benefits.
Public Interest
An argument that the employment of a specific person has benefits for society.
Q
Qualified Applicant
A person who meets the minimum criteria for a particular job position.
Quota
Limits set on the number of visas that can be issued within each visa category each year.
R
R-1 Visa
A nonimmigrant visa for religious workers.
RIR (Reduction in Recruitment)
A previous process that was replaced by PERM.
Receipt Notice
USCIS acknowledgment that an application or petition has been received.
Recruitment
The process an employer undertakes to search for qualified U.S. workers before hiring a foreign national.
Recruitment Agency
A firm or company that matches employers with candidates.
Recruitment Report
A document summarizing all recruitment efforts, including interview results, to prove no qualified US workers were found.
Request for Evidence (RFE)
A request from USCIS for additional information or documents to support an immigration application.
Retainer Agreement
A contract between an attorney and a client outlining the terms of representation.
S
SEVIS
Online system tracking F-1 and J-1 visa holders.
Secondary Evidence
Additional documents that can be used to support an application when other evidence is missing.
Service Center
A processing location of USCIS within the US.
Site Visit
A visit by a USCIS official to an employer's place of business to verify employment information.