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Employment-Based Immigration Glossary

Unsure about the lingo? Don’t be shy, look up a term here.

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Adjustment of Status (AOS)

The process of applying for a green card from within the U.S. without having to leave the country.

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Administrative Procedure Act (APA)

A U.S. federal law that governs how federal agencies propose and establish regulations.

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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.

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Advertisement

A paid announcement in a professional publication or website to attract qualified candidates during PERM recruitment.

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Affidavit

A written statement of fact that is sworn under oath.

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Affidavit of Support

A document ensuring a visa applicant has financial sponsorship in the U.S.

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Age Out

A situation where a child's age exceeds the permissible limit to be included in their parent's immigration petition.

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Alien

A person who is not a citizen or national of the United States

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Alien Labor Certification (LC)

Another term for PERM, indicating DOL's approval to hire a foreign national.

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Alien Registration Number (A-Number)

A unique identifier assigned to non-citizens by USCIS.

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Appeal

A request to a higher authority to review a decision made by a lower authority.

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Applicant Final Action Date

The date when an applicant can receive a green card, as indicated in the Visa Bulletin.

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Approval

A formal decision by USCIS or another agency to grant an immigration benefit.

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Attorney-Client Privilege

A legal principle that protects communications between an attorney and their client.

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Audit

An investigation by the DOL into an employer's PERM application or LCA process.

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Audit File

A collection of documents relating to the PERM recruitment process, which may be requested by the DOL.

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B-1 Visa

A nonimmigrant visa for business visitors.

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B-2 Visa

A nonimmigrant visa for tourists and visitors.

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Background Check

The process of verifying an applicant’s criminal history, work history, and educational background.

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Beneficial Ownership

The actual person or entity that has ownership or control of an entity.

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Beneficiary

The foreign national who is seeking an immigration benefit.

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Biometrics Appointment

A scheduled appointment for fingerprinting, photos, and/or signature collection related to a pending application.

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Board of Immigration Appeals (BIA)

An appellate body for Immigration cases in the US.

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Business Necessity

A requirement for a position that is a necessary part of the business operation and cannot be easily adjusted.

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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.

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Case Processing Time

The estimated length of time for USCIS or other agencies to adjudicate a case.

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Concurrent Filing

The process of filing multiple immigration applications at the same time, often used for adjustments of status.

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Consular Interview

A required interview at a U.S. consulate for visa applicants.

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Consular Processing

The process of obtaining an immigrant visa at a U.S. embassy or consulate abroad.

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Contract Employee

An employee who is hired for a limited period to complete a specific project.

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Country of Chargeability

The country used for visa quota purposes, usually the applicant’s country of birth.

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Credential Evaluation

An assessment of foreign education to determine its U.S. equivalent.

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Current (Visa Bulletin)

A priority date that is eligible for green card processing without delays.

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Curricular Practical Training (CPT)

Employment authorization for F-1 students that is a direct part of their degree program.

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Day 1 CPT

Work authorization for F-1 students from the first day of their program.

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Denial

A formal decision by USCIS or another agency to reject an application or petition.

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Department of Labor (DOL)

The federal agency responsible for overseeing labor-related aspects of immigration.

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Department of State (DOS)

The federal agency that handles visa issuance through U.S. embassies and consulates abroad.

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Derivative Beneficiary

A family member (spouse or child) who receives immigration status based on the principal applicant's status.

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Direct Hire

When an employer hires an employee, directly, not through a third-party agency.

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Dual Intent

A visa classification allowing nonimmigrants to apply for permanent residence without invalidating their temporary visa status.

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Due Process

A legal principle requiring the government to follow procedures that ensure fairness and transparency.

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E-1 Visa

A nonimmigrant visa for treaty traders.

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E-2 Visa

A nonimmigrant visa for treaty investors.

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E-3 Visa

Specialty occupation visa exclusively for Australian nationals.

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E-Verify

An online system that allows employers to electronically verify the employment eligibility of their employees.

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EAD (Employment Authorization Document)

A document that allows a foreign national to work in the U.S.

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EB-1

The employment-based first preference category for individuals with extraordinary ability, outstanding professors, and multinational executives/managers.

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EB-1A

Green card for individuals with extraordinary ability.

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EB-1B

Green card for outstanding professors and researchers.

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EB-1C

Green card for multinational executives and managers.

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EB-2

The employment-based second preference category, primarily for advanced degree professionals.

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EB-2 NIW

Green card for professionals whose work benefits the U.S. and qualifies for a PERM waiver.

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EB-2 PERM

Employer-sponsored green card for advanced-degree professionals.

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EB-3

The employment-based third preference category for skilled workers, professionals, and other workers.

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EB-5

The employment-based fifth preference category for investors who create jobs in the U.S.

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Electronic System for Travel Authorization (ESTA)

Online pre-clearance system for Visa Waiver Program travelers.

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Employee Handbook

A written guide of employer policies that employees follow.

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Employment-Based Immigration

Immigration pathways that allow foreign nationals to obtain legal status in the U.S. through employment opportunities.

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Executive or Manager

A role within a company involving setting strategy or direction, relevant for L-1A visas.

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Exempt Employee

An employee who is not subject to minimum wage and overtime requirements.

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F-1 Visa

A nonimmigrant visa for international students.

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Federal Court

A court at the federal level that handles some appeals to immigration rulings.

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Federal Labor Law

Laws that exist to protect workers from unfair treatment and safety issues.

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Fee Waiver

A request to waive government application fees, often based on an inability to pay.

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Field Office

A USCIS office that may hold in person interviews.

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Foreign Degree Evaluation

An assessment that states the equivalency of foreign education in the US.

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Foreign National

A non-U.S. citizen, synonymous with "Alien."

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Form DS-160

Online application form for nonimmigrant visas.

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Form DS-260

Online application form for immigrant visas.

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Form G-28

Notice of Entry of Appearance as Attorney or Accredited Representative.

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Form I-129

Petition for a Nonimmigrant Worker.

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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.

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Form I-131

Application for Travel Document.

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Form I-140

Immigrant Petition for Alien Worker, used for employment-based green cards.

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Form I-485

Application to Register Permanent Residence or Adjust Status.

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Form I-765

Application for Employment Authorization.

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Full-Time Employee

An employee that regularly works 35-40+ hours per week.

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Good Faith Effort

When an employer acts genuinely, with honesty and the intent to comply with the regulations.

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Grace Period

Time allowed for visa holders to remain in the U.S. after their status expires (e.g., 60 days for H-1B).

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Green Card

A document proving a foreign national's permanent resident status in the U.S.

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H-1B Cap

The annual numerical limit on new H-1B visas (65,000 regular cap, 20,000 for master’s degree holders).

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H-1B Lottery

Random selection process for H-1B applicants exceeding the cap.

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H-1B Transfer

Process allowing an H-1B worker to change employers without leaving the U.S.

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H-1B Visa

A nonimmigrant visa category for specialty occupation workers.

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H-1B1 Visa

A nonimmigrant visa category for specialty occupation workers from Chile and Singapore.

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H-2B Visa

A nonimmigrant visa for temporary non-agricultural workers.

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H-3 Visa

A nonimmigrant visa for trainees.

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H-4 EAD

Work authorization for H-4 spouses of H-1B visa holders.

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Hardship Waiver

A waiver of certain grounds of inadmissibility based on extreme hardship to a U.S. citizen or permanent resident.

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I-140 Portability

The ability to change employers while maintaining an employment-based green card application.

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