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Employment-Based Immigration Glossary

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I-9 Form

Employment eligibility verification form required for all U.S. employees.

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I-94

The arrival/departure record issued to nonimmigrants entering the U.S.

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I-94 Arrival/Departure Record

Document showing a foreign national’s authorized period of stay in the U.S.

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Immigrant

A foreign national who seeks to live permanently in the U.S.

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Immigrant Intent

The desire to live permanently in the U.S.

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Immigrant Visa

A visa that allows a foreign national to enter the U.S. as a permanent resident.

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Immigration Court

The court system used to hear appeals to immigration decisions.

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Immigration Fraud

A false or misleading claim that is made to gain an immigration benefit.

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Immigration Judge

A judge that hears cases in the US Immigration Court.

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Immigration Reform and Control Act (IRCA)

Federal law passed in 1986 which made it illegal to hire or employ undocumented workers.

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Immigration and Nationality Act (INA)

The fundamental law governing immigration to the United States.

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Inadmissible

When a person is not eligible to enter the US for various reasons including criminal history or health concerns.

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Independent Contractor

A person hired to perform a specific task but who is not under direct management.

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Initial Evidence

The documents that are needed to submit along with an application.

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J
J

J

J
J-1 Visa

A nonimmigrant visa for exchange visitors, including scholars, researchers, and trainees.

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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.

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Job Description

A detailed description of the essential functions and duties of a job position.

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Job Order

A listing of a job position filed with a state workforce agency during the PERM recruitment process.

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J
Job Vacancy

A vacant position in a company that is being actively recruited for.

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L

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L-1A Visa

A nonimmigrant visa for intracompany transferees who are executives or managers.

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L-1B Visa

A nonimmigrant visa for intracompany transferees with specialized knowledge.

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Labor Condition Application (LCA)

A document filed with the DOL by employers seeking to employ foreign workers under certain visa categories.

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Lawful Permanent Resident (LPR)

A foreign national with a U.S. green card.

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Legal Brief

A written legal document arguing a point of law.

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M

M

M
Material Change

A change in employment that impacts the terms of a visa, often requiring an amendment.

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Minimum Requirements

The education, experience, and other qualifications needed for a job position.

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Motion

A formal request to a court or agency asking for a specific action.

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Motion to Reconsider

A request to USCIS to reconsider a decision based on a mistake in law or fact.

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Motion to Reopen

A request to USCIS to reconsider a decision based on new facts or legal arguments.

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N

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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.

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Non-Exempt Employee

An employee who is subject to minimum wage and overtime requirements.

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Non-Immigrant Intent

The desire to live temporarily in the U.S. with no intent to remain permanently.

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Nonimmigrant

A foreign national who seeks to enter the U.S. for a temporary period.

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Nonimmigrant Visa

A visa that allows a foreign national to enter the U.S. for a temporary purpose.

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N
Nonprofit

An organization that does not operate to generate a profit.

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Notice of Action

An official communication from USCIS acknowledging receipt of an application or informing of a decision.

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Notice of Filing (NOF)

A notice posted at the employer's worksite and in any in-house media informing employees of the PERM filing.

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Notice of Intent to Deny (NOID)

A USCIS notice informing an applicant of potential denial and requesting additional evidence.

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Notice of Intent to Revoke (NOIR)

A USCIS notice stating that an approved petition may be revoked.

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O

O

O
O-1 Visa

A nonimmigrant visa for individuals with extraordinary ability or achievement.

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O
Optional Practical Training (OPT)

Temporary employment authorization for F-1 students to gain practical experience related to their field of study.

O

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PERM

The process of obtaining labor certification from the DOL, a step required for many employment-based immigrant visa categories.

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PERM Labor Certification

A required step for most employer-sponsored green cards to ensure no qualified U.S. workers are available.

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P
Passport

A travel document issued by a government that verifies one's identity and citizenship.

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P
Permanent Resident

A foreign national who has been granted the right to live and work permanently in the U.S.

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Petitioner

The U.S. employer or individual sponsoring a foreign national for an immigration benefit.

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Portability

The ability of some foreign nationals to transfer their approved immigration status or green card process to a new employer.

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Premium Processing

A USCIS service that expedites visa petition adjudication for an additional fee.

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Prevailing Wage

The average wage paid to similarly employed workers in a specific occupation and geographic area.

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P
Priority Date

The date an immigration petition is filed, which is used to determine when a visa becomes available.

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P
Professional Job

A job that requires a minimum of a Bachelor's degree.

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Public Access File

A file containing documentation that employers are required to maintain and make available to the public during the LCA process.

P

P
Public Charge

A designation for an individual who is deemed likely to become primarily dependent on public benefits.

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Public Interest

An argument that the employment of a specific person has benefits for society.

P

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Q

Q

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Qualified Applicant

A person who meets the minimum criteria for a particular job position.

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Q
Quota

Limits set on the number of visas that can be issued within each visa category each year.

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R

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R-1 Visa

A nonimmigrant visa for religious workers.

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RIR (Reduction in Recruitment)

A previous process that was replaced by PERM.

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Receipt Notice

USCIS acknowledgment that an application or petition has been received.

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Recruitment

The process an employer undertakes to search for qualified U.S. workers before hiring a foreign national.

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Recruitment Agency

A firm or company that matches employers with candidates.

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Recruitment Report

A document summarizing all recruitment efforts, including interview results, to prove no qualified US workers were found.

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Request for Evidence (RFE)

A request from USCIS for additional information or documents to support an immigration application.

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Retainer Agreement

A contract between an attorney and a client outlining the terms of representation.

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SEVIS

Online system tracking F-1 and J-1 visa holders.

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Secondary Evidence

Additional documents that can be used to support an application when other evidence is missing.

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Service Center

A processing location of USCIS within the US.

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Site Visit

A visit by a USCIS official to an employer's place of business to verify employment information.

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