Glossary
Green card and visa glossary
Short, plain-English definitions of the words you meet on the way to a visa or green card. Each one is checked against USCIS, the regulations or a court decision.
Last checked October 2026 · Sources
- Terms defined
- 298
- Full term guides
- 16
- Checked against
- USCIS, CFR, INA, DOL, court and AAO decisions
- Last checked
- October 2026
Quick answer
What is this glossary?
This glossary explains 298 green card and visa terms in plain English. It covers visa types, forms, agencies, legal standards, your place in line, employer rules and citizenship. Each definition links to its official source. As of October 2026, every entry was checked against that source.
- Search or jump by letter in the A to Z list below.
- 16 key terms have a full guide with a table, sources and FAQ.
- This is general information, not legal advice.
In depth
The 16 terms with a full guide
Each one has a table, the exact legal source and an FAQ.
Kazarian two-step test
How USCIS reviews EB-1A: first count which of the 10 criteria you meet, then weigh all the evidence together.
Read more Full guideFinal merits determination
Step two of the EB-1A review, where the officer decides if your whole record shows you are at the very top of your field.
Read more Full guideMatter of Dhanasar
The 2016 AAO precedent that sets the three-prong test for the EB-2 national interest waiver.
Read more Full guidePreponderance of the evidence
The proof standard USCIS uses: you must show your claim is more likely than not true.
Read more Full guidePriority date
Your place in the green card line. For EB-1A and NIW, the date your complete I-140 is properly filed with USCIS.
Read more Full guideVisa Bulletin
A monthly State Department chart of cut-off dates by category and country. See our Visa Bulletin page.
Read more Full guideFinal action date
The cut-off date in the Visa Bulletin’s main chart. A visa is available when your priority date is earlier than it.
Read more Full guideCountry of chargeability
The country whose visa limit you count against. USCIS says it is usually your country of birth.
Read more Full guideForm I-140
Immigrant Petition for Alien Workers. An employer files it for EB-1, EB-2 or EB-3. For EB-1A or NIW, you can file it yourself.
Read more Full guideForm I-485
Application to Register Permanent Residence or Adjust Status: the green card application filed inside the US.
Read more Full guidePremium processing
A paid option for faster action. USCIS acts on an EB-1A I-140 within 15 business days and an NIW I-140 within 45, or refunds the fee.
Read more Full guideLabor certification
A Department of Labor finding that not enough able, willing and qualified US workers are available for the job. EB-1A and NIW cases do not need one.
Read more Full guideAdjustment of status
Getting your green card while in the United States, by filing Form I-485.
Read more Full guideConsular processing
Getting your green card through a US consulate abroad. It is used when you are outside the US or cannot adjust status.
Read more Full guideRFE (Request for Evidence)
A USCIS request for more evidence or information before it decides your case.
Read more Full guideNOID (Notice of Intent to Deny)
Advance notice that USCIS plans to deny, with a chance to respond before a final decision.
Read moreA to Z
Every term, A to Z
Short, plain-English definitions, each checked against an official source. Click a letter, or search.
No term matches that search. Try a shorter word.
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- 240-day rule
A rule that lets many workers, including H-1B and O-1, keep working after their stay expires. It covers up to 240 days with the same employer, if an extension was timely filed. The permission ends at once if USCIS denies the extension.
A
- A-Number (Alien Registration Number, A#)
A unique seven-, eight- or nine-digit number that the Department of Homeland Security assigns to a noncitizen. Forms and notices often ask for it, so keep it handy. It is different from a receipt number.
- Abandonment of residence (Abandoning permanent residence)
Losing green card status because you did not intend to keep the United States as your permanent home. An absence of more than a year is a common guide, but shorter trips can count too.
- Accredited representative
A person who represents a recognized organization and has been accredited by the Board of Immigration Appeals. Like an attorney, an accredited representative may represent you in immigration cases before USCIS.
- Actual minimum requirements
The lowest education, training and experience an employer truly needs for a PERM job. If the foreign worker already works there, U.S. applicants generally cannot need more than the worker had when hired.
- Adjustment of status (AOS)
Adjustment of status is the process of applying for a green card from inside the United States, on Form I-485 with USCIS, instead of getting an immigrant visa at a US consulate abroad.
- Administrative Appeals Office (AAO)
The USCIS office that hears appeals of many denied petitions and applications. Most of its decisions are non-precedent: they apply existing law to that one case. A few become precedent decisions that guide all officers.
- Administrative processing (221(g) refusal)
The common name for the wait after a consular officer refuses a visa under INA 221(g) pending more information. It is a formal refusal, but often not final. For immigrant visas, new evidence within one year brings reconsideration with no new application fee.
- Admission
Lawful entry into the U.S. after inspection and authorization by an immigration officer. Being paroled is not an admission. Whether you were admitted matters for many later steps, including adjustment of status.
- Adopted decision
An AAO non-precedent decision that USCIS has adopted to give policy guidance to its staff. It has its own citation format and a USCIS cover memo announcing it. It is not a published precedent.
- Advance parole document (AP, Form I-512L)
A travel document that lets you return to the United States without a visa. In most cases you must have it before you leave. Since August 13, 2026, leaving on advance parole counts as a departure for the unlawful presence bars.
- Advanced degree
Any U.S. academic or professional degree above a bachelor’s, or a foreign equivalent degree. A bachelor’s plus five years of progressive experience in the specialty also counts as a master’s equivalent. It is one path into EB-2.
- Advisory opinion (consultation)
A written opinion on your O-1 qualifications and the work. It comes from a peer group, a labor or management organization, or an expert. Consultation is required before an O-1 approval, but the opinion does not bind USCIS. If no suitable peer group exists, USCIS decides on the record.
- Affidavit (Sworn statement)
A written statement in which a person states facts and swears they are true. USCIS accepts affidavits when a required record and secondary evidence are both unavailable. Then you need two or more, from people with direct knowledge who are not parties to the case.
- Affidavit of support (Form I-864)
A legally enforceable contract in which a sponsor promises to financially support an immigrant. Family-based green cards generally require one. The duty usually ends when the immigrant becomes a citizen or is credited with 40 quarters of work. It also ends at death, or loss of status and departure.
- Age out (Aging out)
When a child turns 21 before getting a green card and stops counting as a child under immigration law. The child may then need a new petition, face a longer wait, or lose eligibility. The CSPA protects some applicants.
- Appeal
A request for a higher office to review an unfavorable USCIS decision. Many appeals go to the Administrative Appeals Office (AAO) on Form I-290B. Most must be filed within 30 calendar days of service, or 33 days if the decision was mailed.
- Applicant
The person who signs and files an application, such as Form I-485, usually for a benefit for themselves. Signing certifies under penalty of perjury that the request and evidence are true. An applicant may be represented by an attorney or accredited representative.
- Application Support Center (ASC)
A USCIS office where you usually go to give biometrics: fingerprints, a photograph and a signature. After you file, USCIS mails a notice with your ASC appointment if it needs your biometrics.
- Approval
A USCIS decision granting your request. USCIS approves when the record establishes eligibility. Where the law makes the benefit discretionary, the evidence must also show you deserve a favorable exercise of discretion.
- Approval notice (Form I-797, I-797A, I-797B)
The Form I-797 notice USCIS sends when it approves a petition or application. The I-797A version includes a replacement I-94 record. The I-797B version is used for approved worker petitions.
- Attorney of record
The lawyer who has properly filed Form G-28 in your case. That filing makes the lawyer formally responsible as your attorney in that case. Check that your lawyer has filed one if you expect them to act for you.
- Authorship of scholarly articles (criterion) (EB-1A criterion 6)
EB-1A criterion 6: scholarly articles you wrote in professional or major trade publications or other major media. A scholarly article reports original research and is usually peer reviewed. How strong the articles are matters in the final merits step.
B
- B-1 visa (Business visitor visa)
A temporary visa for short business trips, such as meeting business contacts, attending a conference or negotiating a contract. You must plan a limited stay and keep a home abroad you intend to return to. A single trip is generally capped at 1 year.
- B-2 visa (Tourist visa, visitor for pleasure)
A temporary visa for travel for pleasure, such as tourism or visiting family. B-2 visitors can be admitted for up to one year. Extensions come in steps of up to six months. Enrolling in a course of study violates the status.
- Benching (H-1B nonproductive time)
When an H-1B worker sits idle because of the employer, such as no assigned work or a missing license. The employer must still pay the required wage. Pay can stop during time off the worker requests for personal reasons.
- Beneficiary
The person a petition is filed for, whether by a relative, an employer or themselves. When someone else files, the beneficiary is not a formal party to the case. USCIS then deals with the petitioner and their representative.
- Beneficiary-centric selection
The way USCIS has selected H-1B registrations since the fiscal year 2025 cap season. It selects unique workers rather than individual registrations. If a worker is selected, each employer that registered that worker may file a petition.
- Biometrics appointment (Biometric services appointment)
A short visit to an Application Support Center where USCIS takes your fingerprints, photo and signature. To reschedule, use your USCIS online account before the original time and show good cause. Missing it without doing so can lead USCIS to deny your case as abandoned.
- Biometrics notice (ASC appointment notice, Form I-797C)
A Form I-797C telling you the date, time and place of your Application Support Center appointment. There USCIS takes fingerprints, a photo and a signature for identity and background checks. Bring the notice and valid photo ID.
- Blanket L petition (Blanket L)
An advance approval of a large company’s related offices as qualifying organizations for L-1 transfers. The company must meet a size test, such as 1,000 U.S. workers or 10 L-1 approvals in the past 12 months. It lets the employer move eligible staff quickly without an individual petition to USCIS.
- Board of Immigration Appeals (BIA)
The highest administrative body for interpreting immigration law, part of EOIR. It mostly decides appeals on paper, often from immigration judges. Its decisions bind DHS officers and immigration judges unless the Attorney General or a federal court changes them.
- Bona fide marriage (Good faith marriage)
A real marriage that was not entered into to get around immigration law. Proof can include joint property, a shared lease, combined finances, children, and statements from people who know the couple.
- Burden of proof
The duty to prove you qualify for the benefit you request. It always rests on the applicant or petitioner and never shifts to USCIS. It differs from the standard of proof, which is how much evidence you need.
- Business necessity
The justification an employer needs when PERM job requirements go beyond what is normal for the occupation. The employer must show the requirements fit the job in its business and are essential to the work.
C
- Cap-exempt employer
An employer whose H-1B workers do not count against the yearly cap. This covers colleges and universities, their related or affiliated nonprofits, nonprofit research organizations and government research organizations.
- Cap-gap extension
Automatic extra F-1 status and work permission while a timely, cap-subject H-1B change of status petition is pending. It lasts until April 1 of that fiscal year, or the petition start date if earlier. It ends if the petition is rejected, denied, revoked or withdrawn.
- Case status
The current stage of your USCIS case, which you can check online with the receipt number on your notice. The tool shows the last action taken on your case and any next steps.
- Certificate of Citizenship
An identity document from USCIS that proves U.S. citizenship. It goes to people who became citizens through their parents, at birth abroad or later as children.
- Certificate of Naturalization
The certificate USCIS gives a person who becomes a U.S. citizen through naturalization, after taking the Oath of Allegiance. It serves as evidence of U.S. citizenship.
- Certified translation
A full English translation of a foreign-language document, which USCIS requires with your filing. The translator must certify that it is complete and accurate. They must also certify that they are competent to translate the language.
- Change of employer
For H-1B and O-1 workers, a new employer must file a new petition and ask to extend your stay. For H-1B, starting before approval is allowed only under H-1B portability. If an agent filed your O-1, the agent files an amended petition instead.
- Change of status
Switching from one nonimmigrant category to another without leaving the U.S., for example from F-1 to O-1. You or your employer must file before your current stay expires. Do not start the new activity until USCIS approves the change.
- Child Status Protection Act (CSPA)
A 2002 law that protects some children from aging out. For immediate relatives, the child’s age freezes on the date the petition is filed. In preference and diversity cases, petition pending time is subtracted from the child’s age when a visa becomes available. The child must stay unmarried.
- Civil surgeon
A licensed U.S. doctor designated by USCIS to perform immigration medical exams. USCIS will not accept an exam done in the U.S. by any other doctor. Abroad, a panel physician does this job.
- Code of Federal Regulations (CFR)
The official collection of federal regulations, arranged by subject title. Rules first appear in the Federal Register and are then collected in the CFR. Title 8, “Aliens and Nationality,” covers immigration.
- Combo card (EAD/AP card)
An Employment Authorization Document that also serves as an advance parole travel document. You can spot it by the note “Serves as I-512 Parole” below the expiration date. Employers accept the EAD as a List A document for Form I-9.
- Commercial success in the performing arts (criterion) (EB-1A criterion 10)
EB-1A criterion 10: commercial success in the performing arts, shown by box office receipts or record and video sales. Simply releasing music or appearing in productions is not enough. Sales must be strong compared with others in similar work.
- Comparable evidence
Other evidence you may offer when an EB-1A criterion does not readily apply to your occupation. You must explain why the criterion does not fit, not just assert it. Nothing can substitute for the one-time major award.
- Concurrent filing
Filing Form I-485 before the underlying immigrant petition, such as Form I-140, is approved. You can file both together or file the I-485 while the petition is pending. It works only inside the U.S. and only when a visa number is immediately available.
- Conditional permanent resident (CPR, conditional resident)
A green card holder whose status is conditional, such as through marriage or as an EB-5 investor. The card is valid for 2 years. You must file Form I-751 or Form I-829 in the 90 days before it expires. If you do not, you can lose your status.
- Consular processing
Consular processing is the way to get a green card from outside the United States. After USCIS approves your petition, you apply for an immigrant visa at a US embassy or consulate. You become a permanent resident when you are admitted at a US port of entry.
- Continue work in the area of expertise
An EB-1A requirement: clear evidence you are coming to the US to keep working in your area of expertise. Evidence can include employer letters, contracts or your own statement of detailed plans.
- Continuous residence
Living in the United States as a green card holder without long breaks, which naturalization requires. A trip of over 6 months is presumed to break it, though you can rebut that. A trip of 1 year or more breaks it unless Form N-470 was approved.
- Country of chargeability (Chargeability)
The country your green card counts against under the per-country limits. It is usually your country of birth, not your citizenship. It decides which Visa Bulletin column applies to you.
- CR-1 and IR-1 visas (CR1, IR1)
Immigrant visa symbols for the spouse of a U.S. citizen. Both are immediate relative visas. CR-1 is the conditional status version, so the spouse first becomes a conditional permanent resident. IR-1 is the version without conditions.
- Credential evaluation (Foreign degree evaluation)
A report from a credentials evaluation service that compares a foreign degree to a U.S. degree. For H-1B cases, the regulations list it as one way to show that education equals a U.S. degree.
- Credibility of evidence
How believable and reliable a document or statement is. USCIS weighs credibility, reliability and authenticity separately from whether evidence is primary or secondary. It also checks each item for consistency with your claims and DHS records.
- Cross-chargeability
A rule letting you count against your spouse’s country, or a child against a parent’s, instead of your own. It is used to keep a family from being separated. The spouse or parent must also qualify for an immigrant visa.
- Current (C)
A Visa Bulletin entry marked “C”. It means visas are available now to every qualified applicant in that category and country, whatever their priority date. You do not need to wait for a cut-off date to pass.
- Cut-off date (Cutoff date)
The date shown in the Visa Bulletin for a category and country where demand is higher than supply. A visa is available to you only if your priority date is earlier than this date.
D
- Dates for filing (DFF)
A second Visa Bulletin chart that signals when applicants should start gathering documents. Each month USCIS says whether adjustment applicants may use it. When allowed, you can file Form I-485 once your priority date is earlier than the listed date.
- Denial
A USCIS decision refusing the benefit you requested. The officer must explain the specific reasons for the denial in writing. Certain unfavorable decisions can be appealed, and the decision should say where the appeal goes.
- Department of Homeland Security (DHS)
The executive branch department whose duties include securing the border and enforcing and administering immigration laws. USCIS, CBP and ICE are all agencies within DHS.
- Department of Labor (DOL)
The federal department that promotes the welfare of workers and helps employers find workers. In employment immigration it receives labor certification applications. For PERM cases, your priority date may be the date DOL received that application.
- Department of State (DOS)
The federal department that decides visa applications at U.S. embassies and consulates abroad. If you get your green card through consular processing, the State Department, not USCIS, issues your immigrant visa. A visa lets you ask for entry; it does not guarantee admission.
- Derivative beneficiary (Derivative)
A spouse or child of the principal beneficiary who may receive the same status through that family relationship. A derivative’s eligibility depends on the principal’s case.
- Derived citizenship (Derivative citizenship)
Citizenship a child gets automatically through a parent. A foreign-born child qualifies if under 18 and holding a green card. The child must live in the U.S. in a citizen parent’s custody.
- Display of work at exhibitions (criterion) (EB-1A criterion 7)
EB-1A criterion 7: display of your work at artistic exhibitions or showcases. The regulation says “artistic,” so non-artistic events do not meet it directly. A non-artistic showing can only be argued as comparable evidence.
- Distinction (O-1B standard)
The O-1B standard for artists. It means a high level of achievement, with skill and recognition substantially above the ordinary. You must be prominent, meaning renowned, leading or well-known in the field of arts.
- Diversity visa (DV lottery, green card lottery)
A State Department program that offers up to 50,000 immigrant visas each year by random selection. It is open to people from countries with low rates of immigration to the United States. Unused visas cannot carry over, so cases must finish by September 30 of that fiscal year.
- Dual intent
The rule that lets some temporary workers, such as H-1B and L-1, also seek a green card. An approved labor certification or filed immigrant petition cannot be the reason to deny their petition, entry or extension. L-1 workers must still intend to leave when their stay ends.
- Duration of status (D/S)
A Form I-94 notation with no fixed end date. It lets a student or exchange visitor, such as an F-1 student, stay while they maintain status. DHS published a rule in 2026 to replace it with fixed periods. A federal court postponed that rule in September 2026, and the case continues.
E
- E-1 visa (Treaty trader)
A temporary status for nationals of a treaty country who carry on substantial trade with the United States. More than half of the trader’s international trade must be between the United States and the treaty country. Certain employees of the same nationality can also qualify.
- E-2 visa (Treaty investor)
A temporary status for treaty country nationals who invest substantial capital in a real, operating business. The investor must come to develop and direct the business. The business cannot be marginal. It must be able to earn more than a minimal living for the investor’s family.
- E-3 visa
A temporary work status only for nationals of Australia. The job must be a specialty occupation. It must need at least a bachelor’s degree in the specific field, or its equivalent. The employer needs a Labor Condition Application. Spouses in E-3 status may work.
- E-Verify
A free online system that lets enrolled employers confirm a worker can legally work in the United States. It compares details from the worker’s Form I-9 with DHS and Social Security records. Results can come back in seconds.
- EB-1 (Employment-based first preference)
The first employment-based green card category. It covers people with extraordinary ability, outstanding professors and researchers, and certain multinational managers and executives. No labor certification is required, and each group has its own evidence rules.
- EB-1A (Extraordinary ability)
The EB-1 green card for people with extraordinary ability shown by sustained national or international acclaim. You must meet 3 of 10 evidence criteria or show a one-time major award. You can self-petition, with no job offer or labor certification needed.
- EB-1B (Outstanding professor or researcher)
The EB-1 green card for outstanding professors and researchers with international recognition in an academic field. You need at least 3 years of teaching or research experience. You also need an offer for a tenure-track or comparable research job. The employer files Form I-140.
- EB-1C (Multinational manager or executive)
The EB-1 green card for managers and executives of multinational companies. You generally need 1 year of work abroad for a related company in the past 3 years. The U.S. employer must have done business for at least 1 year and files Form I-140.
- EB-2 (Employment-based second preference)
The second employment-based green card category. It covers professionals with an advanced degree or its equivalent. It also covers people with exceptional ability in the sciences, arts or business. Most cases need a labor certification. A national interest waiver or a Schedule A job is an exception.
- EB-2 NIW (National interest waiver)
An EB-2 green card where USCIS waives the job offer and labor certification in the national interest. You can self-petition. USCIS weighs three factors, including whether your endeavor has substantial merit and national importance.
- EB-2 PERM (EB-2 with labor certification)
The usual EB-2 path, where a U.S. employer sponsors you for a permanent job. The employer first gets a Department of Labor labor certification, then files Form I-140. The job must require an advanced degree or exceptional ability, and you must meet its requirements.
- EB-3 (Employment-based third preference)
The third employment-based green card category, for skilled workers, professionals and other workers. Skilled jobs need at least 2 years of training or experience, and professional jobs need a bachelor’s degree. It needs a permanent, full-time job offer and a labor certification or Schedule A designation.
- EB-3 other workers (Unskilled workers)
The EB-3 subcategory for jobs needing less than 2 years of training or experience. The job cannot be temporary or seasonal. It still requires a labor certification and a permanent, full-time job offer from a U.S. employer.
- EB-4 (Special immigrants)
The fourth employment-based green card category, for special immigrants. It includes religious workers, Special Immigrant Juveniles, certain broadcasters and some U.S. government employees abroad. Many subcategories use Form I-360, filed by an employer or as a self-petition.
- EB-5 (Immigrant investor)
The employment-based fifth preference green card for immigrant investors. You must make the required investment in a U.S. commercial enterprise. You must also plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers. Your spouse and unmarried children under 21 can also qualify.
- Embassy and consulate
U.S. government posts abroad where Department of State consular officers decide visa applications. A visa lets you ask for entry at a port of entry. If you seek a green card from outside the U.S., you apply for your immigrant visa at one.
- Employment Authorization Document (EAD, work permit, Form I-766)
A card that proves you may work in the United States for a set period. You request it on Form I-765, for example while Form I-485 is pending. Green card holders and H-1B, L-1B, O or P workers generally do not need one.
- Employment eligibility verification (Form I-9)
The Form I-9 check every U.S. employer must complete for each new hire, citizen or not. The worker shows documents proving identity and work authorization. The employer checks that they look genuine and relate to the worker.
- ESTA (Electronic System for Travel Authorization)
The online system CBP uses to check if a traveler can come under the Visa Waiver Program. An approved ESTA does not guarantee entry. A CBP officer still decides admission when you arrive.
- Exceptional ability
An EB-2 standard: expertise significantly above that ordinarily found in the sciences, arts or business. It is a lower bar than extraordinary ability. You must meet at least three of six criteria, then pass a final merits review.
- Executive Office for Immigration Review (EOIR)
The part of the Department of Justice that runs the immigration courts and the Board of Immigration Appeals. It is separate from USCIS. You deal with EOIR mainly if you are placed in removal proceedings.
- Exhibit
One labeled piece of evidence in a filing, such as a letter, article or certificate. Filings often group exhibits behind tabs with an index explaining each one. For appeals and motions, the AAO recommends this format, along with numbered pages.
- Exhibit index
A practical term, not a legal requirement: a numbered list of every exhibit in your filing. Any evidence you submit becomes part of your request. A clear index helps the officer find the evidence behind each claim.
- Expedite request
A request that USCIS decide your case ahead of others. It is discretionary and judged case by case, for reasons like severe financial loss, emergencies or clear USCIS error. If premium processing is available for your form, USCIS will generally not consider an expedite.
- Expert opinion letter
A letter in which an expert gives an opinion based on specialized knowledge. The expert’s knowledge, skill, experience, training or education must qualify them. Officers may give less weight to opinions that conflict with the record.
- Extension of stay (EOS)
A request to stay longer in your current nonimmigrant status. It is filed on Form I-129 or Form I-539, depending on your category. USCIS recommends filing at least 45 days before your authorized stay expires.
- Extraordinary ability (EB-1A standard)
The EB-1A standard. It means expertise showing you are one of the small percentage at the very top of your field. You prove it with sustained national or international acclaim. No job offer or labor certification is needed.
- Extraordinary achievement (O-1B in motion picture or television)
The O-1B standard for film and television work. It means a very high level of accomplishment, with skill and recognition significantly above the ordinary. You must be recognized as outstanding, notable or leading in motion pictures or television.
F
- F-1 visa (Academic student visa)
A student status for full-time study at an SEVP-certified college, university, school or language program. You must show enough funds to support yourself. On-campus work is allowed with limits. Off-campus work, such as CPT or OPT, generally starts after the first academic year and must be authorized first.
- Family preference categories (F1, F2A, F2B, F3, F4)
The capped family green card lines. F1 covers unmarried adult children of citizens, while F2A and F2B cover spouses and children of green card holders. F3 is married children of citizens, and F4 siblings of adult citizens.
- Fee waiver
USCIS approval to skip a filing fee because you clearly cannot pay it. You request it on Form I-912, filed with the application, and only some forms qualify. If you are found ineligible, USCIS may reject both the request and the application.
- Fiancé(e) (K-1 visa)
A foreign partner engaged to a U.S. citizen. On a K-1 visa, the couple must marry within 90 days of the fiancé(e) entering the United States. After the marriage, the fiancé(e) can apply for a green card.
- Field of endeavor
The field in which you claim to be at the very top. EB-1A acclaim is measured against others in that field. Related work may still differ: competing as an athlete and coaching are generally not the same area of expertise.
- Field office
A local USCIS office that serves applicants and petitioners in person in communities across the country. Field offices hold interviews for cases that need one, such as many green card and naturalization applications.
- Final action date (FAD)
The cut-off date in the main Visa Bulletin chart. If your priority date is earlier, a visa can be issued to you. USCIS uses this chart for Form I-485 filing unless it announces the Dates for Filing chart instead.
- Final merits determination
The second step of EB-1A review, after the officer checks which criteria you meet. The officer weighs all evidence together under a preponderance standard. The question is whether you have sustained acclaim and stand among the small percentage at the top.
- Follow to join (Following to join)
When a spouse or child immigrates after the main applicant instead of with them. In preference cases, INA 203(d) gives them the same category and place in line as the main applicant.
- Foreign equivalent degree
A degree earned outside the United States that is evaluated as equal to a specific U.S. degree. For the EB-2 advanced degree category, you need at least the equivalent of a U.S. bachelor’s. Without it, you are ineligible for that category.
- Form AR-11 (Alien’s Change of Address Card)
The way noncitizens report a new address to USCIS. Most must report within 10 days of moving. Updating online through a USCIS account also meets the rule and helps make sure notices reach you.
- Form DS-160 (Online Nonimmigrant Visa Application)
The online application every person seeking a temporary U.S. visa must complete. You sign it electronically by clicking the signature box. A consular officer may direct an applicant to use the older Form DS-156 instead.
- Form DS-260 (Electronic Application for Immigrant Visa and Alien Registration)
The online application for an immigrant visa and alien registration, used in consular processing. Green card applicants abroad complete it as the consular officer directs. The requirement to file an application cannot be waived.
- Form DS-2019 (Certificate of Eligibility for Exchange Visitor (J-Nonimmigrant) Status)
The document a J-1 exchange program sponsor issues to a participant and their J-2 family members. It lets them schedule a J visa interview at a U.S. embassy or consulate.
- Form ETA-9035 (Labor Condition Application, LCA, ETA-9035E)
The Labor Condition Application an employer files with the Department of Labor for an H-1B, H-1B1 or E-3 worker. The employer attests that it meets the program’s wage and other rules. Once DOL certifies it, the employer can move on to USCIS.
- Form ETA-9089 (Application for Permanent Employment Certification, PERM form)
The Department of Labor application an employer files for a PERM labor certification. Once certified and signed, it supports the employer’s Form I-140 petition. USCIS will not process those petitions without the original certified form.
- Form ETA-9141 (Application for Prevailing Wage Determination, PWD)
The form an employer uses to ask the Department of Labor for the official prevailing wage for a job. It goes to DOL’s National Prevailing Wage Center. A PERM labor certification cannot be filed without a valid prevailing wage determination.
- Form G-28 (Notice of Entry of Appearance as Attorney or Accredited Representative)
The form an attorney or accredited representative files to show USCIS they represent you. Both of you sign it. It also tells USCIS whether to send notices and secure documents to you or to your representative.
- Form G-1055 (Fee Schedule)
USCIS’s official fee schedule, listing the filing fee for each form. Check it before every filing, because USCIS rejects filings sent with the wrong fee. USCIS updates it from time to time, so always use the current edition.
- Form G-1145 (E-Notification of Application/Petition Acceptance)
A short form you include with your filing to get a text message or email when USCIS accepts it. It gives you an early alert that your case has been received.
- Form I-9 (Employment Eligibility Verification)
The form every U.S. employer must complete for each new hire, citizens included. The employee shows documents proving identity and work authorization. The employer checks that they look genuine and records them.
- Form I-20 (Certificate of Eligibility for Nonimmigrant Student Status)
The document an SEVP-certified school issues once it accepts an F or M student. You need it to pay the SEVIS fee, at your visa interview and when you enter the United States. Keep the original safe.
- Form I-94 (Arrival/Departure Record)
The record of your entry into the United States, created by Customs and Border Protection. It is now usually electronic, and you can look it up online. Employers, schools and agencies may ask for it as proof of your status.
- Form I-129 (Petition for a Nonimmigrant Worker)
The petition an employer files for a temporary worker, such as an H-1B, L-1, O-1 or P-1. It is also used to extend or change status into some work categories, including E-2, E-3 and TN.
- Form I-129F (Petition for Alien Fiancé(e))
The petition a U.S. citizen files to bring a fiancé(e) here on a K-1 visa to marry. It can also cover the fiancé(e)’s children (K-2) and, in some cases, a spouse waiting on Form I-130 (K-3).
- Form I-130 (Petition for Alien Relative)
The petition a U.S. citizen or green card holder files to prove a family tie to an immigrating relative. It is the first step in most family-based green card cases. Approval alone does not give the relative any status.
- Form I-131 (Application for Travel Documents, Parole Documents, and Arrival/Departure Records)
The USCIS application for travel and parole documents. You can use it to request a reentry permit, a refugee travel document or an advance parole document. People with a pending Form I-485 can use it to ask for advance parole before traveling abroad.
- Form I-134 (Declaration of Financial Support)
A form in which a supporter agrees to financially support someone during a temporary stay in the United States. A separate form is needed for each person supported. It is different from Form I-864, which is used for green card cases.
- Form I-140 (Immigrant Petition for Alien Workers)
The petition used to classify a foreign worker for an employment-based green card. An employer usually files it, but extraordinary ability and national interest waiver applicants can self-petition. It can be filed together with Form I-485 in some cases.
- Form I-212 (Application for Permission to Reapply for Admission)
The application for consent to reapply for admission after a deportation or removal. People barred under INA 212(a)(9)(A) or (C) file it so they can lawfully return to the United States.
- Form I-290B (Notice of Appeal or Motion)
The form to appeal a USCIS denial to the AAO, or to file a motion with the deciding office. In most cases it is due within 30 days of the decision. If the decision was mailed, you get 33 days.
- Form I-485 (Application to Register Permanent Residence or Adjust Status)
The application to become a lawful permanent resident while you are inside the United States. This route is called adjustment of status. In general, you can file it only when an immigrant visa is immediately available in your category.
- Form I-485 Supplement J (Supplement J)
A supplement to Form I-485 for employment-based applicants. It confirms that the job offer behind your Form I-140 is still valid. It also lets you move to a new permanent job in the same or a similar occupation.
- Form I-526E (Immigrant Petition by Regional Center Investor)
The EB-5 petition for investors who pool their money through a regional center. It asks USCIS to classify the investor as an immigrant. It is also used to report certain changes if the regional center or project is terminated or debarred.
- Form I-539 (Application to Extend/Change Nonimmigrant Status)
The application certain nonimmigrants use to extend their stay or change to another nonimmigrant status. Several work categories cannot use it. For those, the employer files Form I-129 instead.
- Form I-551 (Permanent Resident Card, green card)
The official name of the green card. USCIS issues it as proof that you are a lawful permanent resident. It also proves identity and work authorization for Form I-9, so no separate work permit is needed.
- Form I-601 (Application for Waiver of Grounds of Inadmissibility)
The application to ask USCIS to forgive, or waive, certain grounds of inadmissibility. People who are inadmissible may need it to get an immigrant visa, adjust status or receive certain other benefits. Only some grounds can be waived.
- Form I-601A (Application for Provisional Unlawful Presence Waiver)
A waiver request for certain relatives of U.S. citizens or permanent residents who have unlawful presence. They file it from inside the United States before leaving for an immigrant visa interview abroad. It covers only the unlawful presence bar.
- Form I-693 (Report of Immigration Medical Examination and Vaccination Record)
The medical exam report that shows you are not inadmissible on health grounds. A USCIS-designated doctor, called a civil surgeon, completes it and seals it in an envelope. Since December 2, 2024, adjustment applicants must file it with Form I-485, or USCIS may reject the I-485.
- Form I-751 (Petition to Remove Conditions on Residence)
The petition a conditional resident files to remove the conditions on a green card obtained through marriage. Couples filing jointly must file in the 90 days before the conditional card expires. Filing too early may lead USCIS to reject it.
- Form I-765 (Application for Employment Authorization)
The application for an Employment Authorization Document, or work permit. Some people, such as applicants with a pending Form I-485, file it to get permission to work. Others already allowed to work can use it to get a card that proves it.
- Form I-797 (Notice of Action)
The family of official notices USCIS sends to tell you about your case. Versions cover receipts, approvals, appointments and requests for evidence. It is not a form you fill out, so keep every one you receive.
- Form I-824 (Application for Action on an Approved Application or Petition)
A request for USCIS to take further action on a case it has already approved. USCIS will not process it if the underlying petition or application is still pending or was denied.
- Form I-829 (Petition by Investor to Remove Conditions on Permanent Resident Status)
The petition an EB-5 investor files to remove the conditions on a two-year green card. It must be filed in the 90 days before the conditional card expires. Failing to file on time can end conditional resident status.
- Form I-864 (Affidavit of Support)
A sponsor’s promise to financially support an immigrant so they are unlikely to rely on public benefits. Most family-based and some employment-based cases need it. It is a legally binding contract with the U.S. government, so sponsors can be asked to repay certain benefits.
- Form I-907 (Request for Premium Processing Service)
The form you file to request premium processing, which gets you a faster USCIS decision. It is available for Form I-129, Form I-140 and certain Form I-765 and Form I-539 categories.
- Form I-912 (Request for Fee Waiver)
The form to ask USCIS to waive a filing fee because you cannot afford it. Only certain forms and services qualify, so check USCIS’s list first. Fees required by the H.R. 1 law cannot be waived.
- Form I-983 (Training Plan for STEM OPT Students)
The formal training plan an F-1 student and employer complete for the 24-month STEM OPT extension. It sets out the student’s learning goals and the employer’s commitment to them. Both sign it and submit it to the school’s DSO.
- Form N-400 (Application for Naturalization)
The application a green card holder files to become a U.S. citizen through naturalization. You can file it once you meet the naturalization eligibility requirements. USCIS offers an online tool to check eligibility.
- Form N-600 (Application for Certificate of Citizenship)
The application for a Certificate of Citizenship, an identity document proving U.S. citizenship. It is for people who acquired or derived citizenship, often through a U.S. citizen parent. It is not the same as naturalizing on Form N-400.
G
- Grace period (60-day)
Up to 60 days after your job ends when you are not treated as out of status. It stops sooner if your stay ends first. It covers E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN workers, once per validity period. You cannot work during it unless otherwise authorized.
- Green card (Permanent Resident Card, Form I-551)
The card USCIS issues as proof of lawful permanent resident status. It is also accepted as proof of identity and work authorization on Form I-9. Most cards are valid for 10 years, while conditional residents get cards valid for 2 years.
- Green card interview (Adjustment of status interview)
A meeting with a USCIS officer to confirm the facts in your Form I-485. The officer checks your answers and lets you correct anything that changed. Adjustment applicants must be interviewed unless USCIS waives it case by case.
- Green card renewal (Form I-90)
Replacing a green card that has expired or will expire within 6 months, by filing Form I-90. The receipt notice, shown with the expired card, serves as temporary evidence of permanent resident status.
H
- H-1B cap
The yearly limit on new H-1B workers. The regular cap is 65,000, plus 20,000 more for people with a U.S. master’s degree or higher. Some petitions, such as those from U.S. universities, are exempt.
- H-1B dependent employer
An employer whose H-1B workers make up a high share of its U.S. workforce, counted in full-time equivalents. For example, an employer with at least 51 such employees qualifies if H-1B workers equal 15 percent or more. These employers make extra LCA attestations.
- H-1B registration (H-1B lottery)
The online step an employer must complete for each worker before filing a cap-subject H-1B petition. If USCIS gets more registrations than needed, it runs a selection. Starting with fiscal year 2027, the selection is weighted by wage level, so higher levels get more entries.
- H-1B transfer (H-1B portability)
The common name for H-1B portability. If you hold H-1B status, you can start a new job once the new employer files a nonfrivolous petition. It must be filed before your stay expires, and you must not have worked without authorization.
- H-1B visa
A temporary work status for jobs in a specialty occupation. Such jobs normally need at least a bachelor’s degree in a related field. It also covers certain fashion models and Defense Department research projects. For specialty jobs and models, the employer files Form I-129 with a DOL-certified Labor Condition Application.
- H-1B1 visa
A temporary work status for specialty occupation workers from Chile and Singapore, under free trade agreements. The employer must file a labor attestation with the Department of Labor. Unlike H-1B workers, H-1B1 applicants are presumed to be intending immigrants until they show they qualify for temporary status.
- H-2A visa
A temporary visa for seasonal or temporary farm work. The employer must show there are not enough U.S. workers and that hiring will not hurt local wages. It generally needs a temporary labor certification from the Department of Labor before filing.
- H-2B visa
A temporary visa for nonfarm jobs where the employer’s need is temporary. The need must be one-time, seasonal, peak load or intermittent. The employer must show a shortage of U.S. workers and get a temporary labor certification. An annual cap limits many petitions.
- H-3 visa (Trainee visa)
A temporary status for trainees and special education exchange visitors. Trainees must be invited for training that is not available in their home country. It is not meant for U.S. employment. The training must prepare you for a career outside the United States.
- H-4 EAD (H-4 employment authorization)
A work permit some H-4 spouses of H-1B workers can get by filing Form I-765. The H-1B spouse must have an approved Form I-140 or hold H-1B time extended under AC21. You must receive the card before you start working.
- H-4 visa (H-4 dependent)
The dependent status for the spouse and children of an H worker, such as an H-1B. They get the same period of stay as the principal. H-4 status alone does not allow work, though some H-1B spouses can apply for an H-4 EAD.
- High salary (criterion) (EB-1A criterion 9)
EB-1A criterion 9: a high salary or other significantly high pay compared with others in your field. A credible contract or job offer can count, not only past pay. Officers compare against data for your occupation and work location.
- Household member (Form I-864A)
A person in the sponsor’s household who signs Form I-864A. They agree to make their income or assets available to support the immigrant. The form is a legally binding contract between the sponsor and the household member.
I
- I-140 portability
Protection for an approved Form I-140 after you leave the employer. If it is withdrawn 180 days or more after approval, it generally stays approved. The job offer ends, so you usually need a new petition unless AC21 job portability applies.
- Immediate relative
The spouse, child or parent of a U.S. citizen. For parents, the citizen must be at least 21. Immediate relatives are not subject to the yearly numerical limits on green cards. Some widows and widowers also stay in this group.
- Immigrant
In U.S. immigration law, every foreign national who does not fall within one of the nonimmigrant classes listed in INA 101(a)(15). Those temporary classes include visitors, students and temporary workers.
- Immigrant intent
The wish to live in the United States permanently. Under INA 214(b), most visa applicants are presumed to have it. They must prove they qualify for a temporary status. H-1B, L and V applicants are exempt from this presumption.
- Immigrant visa (IV)
A visa a U.S. consular officer issues at an office outside the United States to someone eligible to immigrate. It is the visa for people moving to the United States permanently, as opposed to a temporary nonimmigrant visa.
- Immigration and Nationality Act (INA)
The main federal immigration law, enacted in 1952 and amended many times since. It collected and reorganized many immigration provisions. It sits in Title 8 of the U.S. Code, “Aliens and Nationality.”
- Immigration judge (IJ)
An attorney appointed by the Attorney General to serve as an administrative judge within EOIR. Immigration judges conduct removal proceedings and certain other hearings. Their decisions can usually be appealed to the Board of Immigration Appeals.
- Independent recommender
A practical term, not a legal requirement: a letter writer with no close personal or work tie to you. USCIS does weigh the relationship between you and each writer. It expects truly acclaimed people to be recognized well beyond their own circle.
- Initial evidence
The evidence you must file with a petition at the start, as set by the regulations and form instructions. It is a threshold requirement. If it is missing, USCIS may deny the case or ask you to send it within a set time.
- Inspection
The check an immigration officer makes when you arrive at a port of entry. You apply to enter in person, present the required documents and must show you are entitled to enter. Admission depends on passing it.
- Interview waiver
Permission to get a nonimmigrant visa without an in-person consular interview. Officers may waive it for some renewals in the same category within 12 months of the old visa’s expiry. You must apply where you usually live. Anyone showing signs of possible ineligibility does not qualify.
J
- J-1 visa (Exchange visitor)
A temporary status for people in an exchange program designated by the State Department. Purposes include teaching, study, research, training and graduate medical education. Your program sponsor gives you Form DS-2019. You may work only under your program’s terms.
- J-1 waiver (Waiver of the foreign residence requirement)
Permission to skip the J-1 two-year home residency rule. Grounds include a no-objection statement from your home government (not for medical trainees) or a request from a U.S. government agency. Others are exceptional hardship to a U.S. citizen or green card holder spouse or child, or fear of persecution.
- Job order (SWA job order)
A job listing an employer places with the State Workforce Agency serving the area of the job. In PERM it must run for 30 days. It is a required recruitment step for both professional and nonprofessional jobs.
- Job portability (AC21 portability, INA 204(j))
A rule that lets you change jobs while your green card application is pending. After Form I-485 has been pending 180 days, your I-140 can cover a new job. The job must be in the same or a similar occupation, shown on Form I-485 Supplement J.
- Joint sponsor
A second person who signs an affidavit of support when the main sponsor’s household income is not enough. The joint sponsor shares full legal responsibility with the main sponsor for supporting the immigrant.
- Judging the work of others (criterion) (EB-1A criterion 4)
EB-1A criterion 4: judging others’ work in your field or an allied field, alone or on a panel. Peer review for journals or conferences can count. You must show you actually did the review, not just that you were invited.
K
- K-1 visa (Fiance(e) visa)
A visa for the foreign fiance(e) of a U.S. citizen, started with Form I-129F. The couple must intend to marry within 90 days after the fiance(e) is admitted. If they marry in time, the spouse can apply for a green card.
- K-3 visa
A temporary visa for the foreign spouse of a U.S. citizen. It lets the spouse come here while a Form I-130 is pending. Once the I-130 is approved, the K-3 is no longer available. Because of this, the State Department rarely issues K-3 visas.
- Kazarian two-step (Kazarian v. USCIS)
The two-step EB-1A review drawn from Kazarian v. USCIS (9th Cir. 2010). Step one asks which criteria your evidence objectively meets. Step two, the final merits determination, asks whether you are truly extraordinary.
L
- L-1A visa (Intracompany transferee, manager or executive)
A temporary status for managers and executives transferred to a U.S. office of their company. The employee generally needs one continuous year with a related company abroad in the last three years. The maximum stay is seven years.
- L-1B visa (Intracompany transferee, specialized knowledge)
A temporary status for employees transferred to a U.S. office of their company. The employee must have specialized knowledge of the company’s products, processes or procedures. One continuous year with a related company abroad in the last three years is generally needed. The maximum stay is five years.
- L-2 visa (L-2S)
The dependent status for the spouse and unmarried children under 21 of an L-1 worker. They generally get the same stay as the L-1 employee. Spouses in L-2S status are allowed to work as part of their status.
- Labor certification
Department of Labor approval that there are not enough able, willing, qualified and available U.S. workers for a job. It also confirms hiring a foreign worker will not hurt U.S. wages. It expires unless filed with USCIS within 180 days.
- Labor Condition Application (LCA, Form ETA-9035)
A form an employer files with the Department of Labor for an H-1B, H-1B1 or E-3 worker. The employer promises to pay at least the higher of the actual wage or the prevailing wage. It also attests to working conditions, strikes and notice to workers.
- Lawful permanent resident (LPR, permanent resident, green card holder)
A foreign national who lives in the United States under lawfully recorded permanent residence as an immigrant. LPRs are also called permanent residents or green card holders. The green card is their proof of this status.
- Leading or critical role (criterion) (EB-1A criterion 8)
EB-1A criterion 8: a leading or critical role for organizations or establishments with a distinguished reputation. A leading role means you were a leader there. A critical role means your work was of significant importance to the outcome. For a critical role, your performance counts, not your title.
- Lesser nationally or internationally recognized awards (criterion) (EB-1A criterion 1)
EB-1A criterion 1: prizes or awards for excellence in your field with national or international recognition. They need not match a Nobel. Officers weigh the award’s criteria, its significance, the number of winners and who may compete.
M
- M-1 visa (Vocational student visa)
A student status for full-time study in a vocational or other nonacademic program, not language training. The school must be SEVP-certified. M-1 students may do practical training only after they finish their studies, and it must be authorized first.
- Maintaining status
Following the terms of your nonimmigrant category and leaving when your stay ends. It matters because USCIS generally cannot approve an extension if you failed to maintain status. USCIS may excuse a late filing only in limited cases.
- Major internationally recognized award
A top-tier award that counts as an EB-1A one-time achievement, such as the Nobel Prize. Winning one meets the initial evidence requirement alone. Lesser awards need not reach this level of prestige; they fall under criterion 1 instead.
- Mandamus lawsuit (Mandamus)
A federal court case asking a judge to compel a U.S. officer, employee or agency to perform a duty owed to you. Under 28 U.S.C. 1361, federal district courts hear these cases.
- Matter of Dhanasar (Dhanasar)
The December 2016 AAO decision, 26 I&N Dec. 884, that set the three-prong test for the EB-2 national interest waiver. It vacated the older Matter of New York State Department of Transportation framework.
- Membership in associations requiring outstanding achievements (criterion) (EB-1A criterion 2)
EB-1A criterion 2: membership in an association in your field that requires outstanding achievements of its members. Recognized national or international experts must judge those achievements. Membership based only on a fee, a degree, years of experience or a job requirement does not qualify. A selective fellow level may.
- Motion to reconsider
A request asking the deciding office to look again because it applied the law or policy incorrectly. It must show the decision was wrong based on the record at the time. It is due within 30 days of the decision.
- Motion to reopen
A request asking the office that decided your case to reopen it based on new facts. It must state those facts and include affidavits or other documents. It is generally due within 30 days of the decision.
N
- National Benefits Center (NBC)
A USCIS office that does early processing for cases that need a field office interview. These are mainly family-based Form I-485s and naturalization applications. It also decides some work permit and travel document applications itself.
- National Visa Center (NVC)
A State Department office that receives approved immigrant petitions from USCIS for people applying abroad. It holds the case until a visa number is available, collects fees and documents, and contacts you. Tell it if your address, age or marital status changes.
- Naturalization (Form N-400)
The way a person not born in the United States becomes a U.S. citizen. The most common path is being a green card holder for at least 5 years, then filing Form N-400.
- Non-precedent decision
The usual type of AAO appeal decision. It applies existing law and policy to one case and binds only the parties in that case. It does not create or change USCIS policy.
- Nonimmigrant
A foreign national admitted for a specific, temporary period and purpose, such as visiting, studying or working. Each nonimmigrant category has its own rules and conditions. Most nonimmigrants can bring a spouse and unmarried minor children.
- Nonimmigrant visa (NIV)
A visa a U.S. consular officer issues for a temporary class, such as B, F, H or O. It is for people planning a temporary stay for a set purpose. It does not by itself make you a permanent resident.
- Notice of Filing (NOF)
A notice an employer must give about a PERM application. It goes to the union if there is one. Otherwise it is posted at the worksite for at least 10 consecutive business days. Workers must be able to read it easily.
- Notice of Intent to Deny (NOID)
A USCIS notice saying it plans to deny your case and on what grounds. You get a chance to respond before the decision. The response period can be no longer than 30 days, and extra time cannot be granted.
- Notice of Intent to Revoke (NOIR)
A notice that USCIS plans to revoke a petition it already approved, such as an I-140. You can submit evidence supporting the petition and opposing the grounds for revocation. If USCIS then revokes, it must explain the specific reasons in writing.
O
- O-1 agent
A U.S. person or company that files an O-1 petition in place of a single employer. Agents may file for workers who are traditionally self-employed or who work short engagements for several employers. The agent must provide the contract terms, including the wage.
- O-1A criteria
The evidence list for O-1A in science, education, business or athletics. You need a major internationally recognized award or at least three of eight criteria. They resemble EB-1A’s but drop the two arts criteria. They include a critical or essential role and a high salary you have commanded or will command.
- O-1A visa
A temporary work status for people with extraordinary ability in the sciences, education, business or athletics. You must show sustained national or international acclaim. You must also be among the small percentage at the top of your field. A U.S. employer or agent files Form I-129.
- O-1B visa
A temporary work status for people with extraordinary ability in the arts, or extraordinary achievement in film or television. In the arts, the standard is distinction, meaning you are prominent or well known in your field. The petition needs a written advisory opinion, such as from a peer group or union.
- O-2 visa
A temporary status for a person who assists an O-1 artist or athlete at a specific event or performance. The assistant must be an integral part of the performance. Their critical skills and experience with the O-1 must be ones a U.S. worker could not readily provide.
- O-3 visa
The dependent status for the spouse and children under 21 of an O-1 or O-2 worker. They get the same period of stay and limits as the worker. O-3 family members may study full or part time, but they may not work in this status.
- Oath of Allegiance
The promise new citizens make at a public naturalization ceremony. They give up loyalty to other countries and pledge to support and defend the U.S. Constitution and laws. Applicants become citizens only after taking it.
- Office of Foreign Labor Certification (OFLC)
The Department of Labor office that handles prevailing wage requests and PERM labor certifications. It also handles the labor filings behind H-1B, H-2A, H-2B and E-3 workers. Employers file through its online system, FLAG.
- On balance, beneficial to waive the job offer (prong 3)
The third NIW prong: on balance, waiving the job offer and labor certification benefits the United States. Factors include whether labor certification is impractical, the benefit of your work even if U.S. workers are available, and urgency. A labor shortage alone does not satisfy it.
- One-time achievement
A major, internationally recognized award that meets EB-1A initial evidence on its own, without three criteria. The Policy Manual gives the Nobel Prize as its example. No comparable evidence can stand in for it.
- Original contributions of major significance (criterion) (EB-1A criterion 5)
EB-1A criterion 5: original scientific, scholarly, artistic, athletic or business-related contributions of major significance in your field. Being funded, patented or published can show originality but not, on its own, major significance. Citations, commercial use and detailed expert letters can help show impact.
- Out of status
Having broken the conditions of your nonimmigrant status, such as starting school while in the U.S. as a tourist. Being out of status can block a change of status. It can also lead to removal or a bar on returning.
- Outstanding professor or researcher (EB-1B)
The EB-1B category for professors and researchers recognized internationally as outstanding in an academic field. You need two of six evidence criteria and three years of teaching or research. A U.S. employer must offer a tenured or tenure-track teaching job or a permanent research job.
- Overstay
Staying in the U.S. past the period of stay you were given. An overstay automatically voids the visa you entered on. In most cases you then need a new visa from a consulate in your country of nationality.
P
- P-1 visa (P-1A, P-1B)
A temporary status for athletes at an internationally recognized level (P-1A). It also covers members of entertainment groups recognized internationally as outstanding (P-1B). Athletes come for a specific competition. Group performers ordinarily need at least one year with the group.
- P-3 visa
A temporary status for artists and entertainers who come to perform, teach or coach in a culturally unique program. The work must develop or present a traditional ethnic, folk, cultural or artistic form. The petition needs a labor organization consultation and proof the events are culturally unique.
- Panel physician
A licensed doctor outside the U.S. who performs immigration medical exams for people applying abroad. The local U.S. embassy or consulate appoints them. It is the overseas counterpart to a civil surgeon.
- Parole
Permission to be in the U.S. without being formally admitted, granted case by case under INA 212(d)(5)(A). It is used for urgent humanitarian reasons or significant public benefit. A parolee is still treated as an applicant for admission.
- Passport
Under U.S. immigration law, a travel document from a competent authority showing your origin, identity and nationality. It must be valid for admission to a foreign country. A physical U.S. visa is placed inside it.
- Peer group
For O-1 consultation, a group or organization made up of practitioners of your occupation. If a union represents the employer’s workers in that occupation, it may serve as the peer group. Its advisory opinion goes in with the petition.
- Per-country limit (Per-country cap)
A limit on how many preference green cards go to natives of one country. Each country generally gets no more than 7 percent of each year’s family and employment preference visas. A dependent area gets no more than 2 percent.
- PERM (Permanent labor certification program)
The Department of Labor’s permanent labor certification program, in effect since March 28, 2005. Employers file Form ETA-9089 with a DOL National Processing Center. Once certified, the employer submits the approved certification to USCIS with Form I-140.
- PERM audit
A Department of Labor request for an employer’s PERM documents. Applications can be picked after review or at random. The employer usually has 30 days to respond, and missing the deadline leads to denial.
- Petition letter (cover brief) (Cover letter, legal brief)
A practical term, not a legal requirement: a written argument filed with a petition that walks through your evidence. USCIS does expect petitioners to explain why each piece of evidence matters. A petition letter is a common way to do that.
- Petitioner
The person or company that files an immigration petition. It can be a relative, an employer, or you yourself. In a self-petition, such as EB-1A or a national interest waiver, you are both petitioner and beneficiary.
- Physical presence
The actual days spent inside the United States, counted for naturalization. Most applicants need at least 30 months, or 913 days, within the 5 years before filing. Departure and return days both count as days present.
- Port of entry
Any place designated for people to enter the U.S., such as an airport or land border crossing. USCIS district offices and service centers also count as ports of entry for people adjusting to permanent resident status.
- Precedent decision
An AAO decision designated to guide future cases. DHS, the Board of Immigration Appeals and the Attorney General jointly approve it. It binds DHS components in all proceedings on the same issue.
- Preponderance of the evidence
The standard of proof in most USCIS cases. You meet it when relevant, credible evidence shows your claim is “more likely than not” true. Some doubt can remain and you can still meet it.
- Prevailing wage
The wage the Department of Labor sets for a job in a given area. For PERM it is the union contract rate, or else the average wage of similarly employed workers there. The employer must offer at least this wage.
- Prevailing wage determination (PWD)
The official prevailing wage that a Department of Labor National Processing Center provides or approves for a job. Employers need one for PERM applications. It is also required for Schedule A petitions filed with DHS.
- Principal applicant (Principal beneficiary)
The person who qualifies for immigrant status in their own right, such as the EB-1A petitioner. A spouse or unmarried minor child may then get status through the principal. Your family’s case depends on the principal’s case.
- Priority date (PD)
Your place in the green card line. Family cases use the date Form I-130 was properly filed. PERM cases use the date DOL accepted the labor certification. Most other job cases use the date USCIS accepted Form I-140.
- Priority date retention
A rule for EB-1, EB-2 and EB-3 cases. After an I-140 is approved, you generally keep its priority date for a later I-140 in those categories. It is lost if USCIS revokes the approval for fraud or certain other reasons.
- Processing times
How long USCIS expects a type of case to take, published in an online tool. Check the live tool rather than an old estimate. USCIS asks you to check processing times before you ask for an expedite.
- Proposed endeavor
The specific work you plan to do in an NIW case. It is narrower than your occupation: describe your projects, goals and likely impact, not a list of job duties. The Dhanasar prongs are judged against this endeavor.
- Public access file (Public inspection file)
The set of LCA records an H-1B employer must make available for anyone to review. It must be ready within one working day of filing the LCA, at the main office or work site. It includes the certified LCA and wage information.
- Public charge
A ground for denying a visa, entry or green card. It applies when an officer finds the person likely to become a public charge. By law, officers must at least weigh age, health, family status, finances, and education and skills. They may also consider an affidavit of support.
- Published material about you (criterion) (EB-1A criterion 3)
EB-1A criterion 3: material about you and your work in professional or major trade publications or other major media. It must show the title, date and author. Paid content and marketing pieces generally do not count.
Q
- Q-1 visa (International cultural exchange visitor)
A temporary status for people in an employer-run international cultural exchange program approved by DHS. You share your home country’s culture while getting practical training and work. You must be at least 18, and the stay lasts up to 15 months.
R
- R-1 visa (Religious worker)
A temporary status for ministers and others in religious jobs. You must work an average of at least 20 hours a week for a qualifying nonprofit religious organization. You need at least two years of membership in the denomination before filing. Total R-1 time is capped at five years.
- Receipt notice (Form I-797C)
The notice USCIS sends after it accepts your filing. It shows your receipt number, which you use to track the case. The same I-797C format is also used for rejections, transfers, and biometrics or interview appointments.
- Receipt number (Case number)
The 13-character code USCIS gives each application or petition it receives. It has three letters, such as IOE, LIN or WAC, followed by ten digits. You find it on your notices and use it to check case status.
- Recommendation letter (Letter of support)
A letter from someone in your field describing your work and its impact. USCIS says such letters are not without weight but should not be the cornerstone of a case. Specific detail backed by documents persuades; general praise does not.
- Recruitment (PERM) (PERM recruitment)
The ads an employer must run to test the U.S. job market before filing PERM. For professional jobs this means a 30-day state job order, two Sunday newspaper ads and three extra steps. The mandatory steps must fall 30 to 180 days before filing.
- Recruitment report
A signed summary of an employer’s PERM recruitment. It lists the steps taken, results, hires, and how many U.S. workers were rejected for lawful job-related reasons. The Department of Labor may ask for the resumes behind it.
- Reentry permit (Re-entry permit)
A travel document for green card holders planning a long trip abroad. It is generally valid for 2 years from issuance and cannot be extended. While it is valid, the length of your absence alone is not treated as abandoning your status.
- Regional center (EB-5) (EB-5 regional center)
A public or private economic unit that promotes economic growth and is designated by USCIS for the EB-5 program. Investors can invest through a regional center project. USCIS must audit each regional center at least once every five years.
- Removal of conditions (Form I-751)
The step that turns a 2-year conditional green card into full permanent residence. Marriage-based residents file Form I-751, and investors file Form I-829, in the 90 days before the card expires. If conditions are not removed, status is lost.
- Request for Evidence (RFE)
A USCIS notice asking for more evidence before it decides your case. It says what evidence is required. The response period can be no longer than 12 weeks, and extra time cannot be granted.
- Retrogression (Visa retrogression)
When a Visa Bulletin cut-off date moves backward, or a current category stops being current. It happens when demand outruns the yearly visa supply. Dates usually recover after the new fiscal year starts on October 1, but not always.
- Revocation
Cancelling the approval of a petition USCIS already granted. Under 8 CFR 205.2, it comes only after notice and a chance to respond with evidence. A separate rule covers automatic revocation. You may appeal a revocation under 205.2 within 15 days after service of the notice.
S
- Schedule A
A Department of Labor list of jobs where it has already found too few qualified and available U.S. workers. Group I includes physical therapists and professional nurses. Employers file these cases with the Department of Homeland Security, not a DOL processing center.
- Secondary evidence
Evidence that supports a fact indirectly, used when the primary document does not exist or cannot be obtained. A baptismal certificate in place of a birth certificate is one example. USCIS gives it less weight than primary evidence.
- Service center
A USCIS office that decides cases filed by mail, online or through a USCIS Lockbox. Service centers do not hold interviews or offer in-person services. They also do not take walk-in visitors, applications or questions.
- SEVP and SEVIS (Student and Exchange Visitor Program; Student and Exchange Visitor Information System)
SEVP is the government program that certifies schools and tracks foreign students and exchange visitors. SEVIS is its web-based database holding records for F-1, M-1 and J-1 visitors and their dependents. A SEVIS record that shows a status violation can lead to denied benefits or removal.
- Site visit (FDNS) (FDNS site visit)
An unannounced check by USCIS fraud detection officers to confirm the facts in a petition. Officers may ask about the worker’s location, duties, hours and pay. Refusing to cooperate can lead to denial or revocation.
- Small percentage at the very top of the field
The core EB-1A test, taken from the regulation’s definition of extraordinary ability. Meeting three criteria does not settle it. In the final merits step, the officer decides whether all your evidence places you in that small top group.
- Specialty occupation
A job that needs highly specialized knowledge and at least a bachelor’s degree or equivalent in a specific field. H-1B status is for jobs that meet this test. Examples include engineering, medicine, accounting and law.
- Sponsor
An informal word for the person or employer who petitions for you. USCIS also uses it for someone who signs Form I-864, the Affidavit of Support. If you self-petition, as in EB-1A, no employer sponsor is needed.
- Substantial merit and national importance (prong 1)
The first NIW prong: your proposed endeavor must have both substantial merit and national importance. Merit can lie in business, science, health, education and more. National importance looks at broader impact, not benefits to one employer.
- Supervised recruitment
PERM recruitment run under direct Department of Labor control. The certifying officer approves the ad, and applicants send resumes to DOL instead of the employer. DOL can require it for up to 2 years after an employer fails to answer an audit.
- Sustained national or international acclaim
Recognition in your field that has been maintained over time, not won once and then lost. The term implies no age limit, so early-career people can show it. There is no fixed time frame for “sustained.”
T
- TD status (TD dependent)
The dependent status for the spouse and unmarried children under 21 of a TN professional. TD family members may study but may not work in the United States. Their stay cannot be longer than the TN worker’s stay.
- Three- and ten-year bars (INA 212(a)(9)(B))
Leaving after over 180 days but under a year of unlawful presence brings a 3-year bar on returning. One year or more brings a 10-year bar. Since an August 2026 BIA decision, leaving on advance parole counts as a departure.
- TN status (TN visa, USMCA professional)
A temporary work status for Canadian and Mexican citizens in professions listed in the USMCA trade agreement. You need a prearranged job with a U.S. employer. Canadians can often apply at the border, while Mexicans need a TN visa first. The initial stay is up to 3 years.
- Totality of the evidence
Weighing all the evidence in the record together, not item by item. In the EB-1A final merits step, officers consider everything, even evidence that fits no single criterion. Some items are strong alone; others persuade only in combination.
- Two-year home residency requirement (INA 212(e), J-1 home residency rule)
A rule for some J-1 exchange visitors, such as those with government funding or graduate medical training. They must spend two years in total in their country of nationality or last residence. Until then, they cannot get a green card, H visa or L visa. A waiver can remove the requirement.
U
- U.S. citizenship
The legal status of being a U.S. citizen. By statute, a person born in the United States and subject to its jurisdiction is a citizen at birth. Some children born abroad to U.S. citizen parents are also citizens at birth if the parents meet residence or presence rules.
- U.S. Customs and Border Protection (CBP)
The DHS agency that guards the border and handles legitimate travel and trade. At a port of entry, CBP officers decide whether to admit you, for how long and on what conditions. Holding a visa does not take that decision away from them.
- U.S. Immigration and Customs Enforcement (ICE)
The main investigative arm of DHS. It enforces federal laws on border control, customs, trade and immigration. This includes arresting people who are removable.
- Unlawful presence
Time you spend in the U.S. after your authorized stay expires, or after entering without admission or parole. It usually starts the day after the date on your Form I-94. Building up enough of it can make you inadmissible after you leave.
- USCIS (U.S. Citizenship and Immigration Services)
The agency within the Department of Homeland Security that oversees lawful immigration to the United States. Its duties include granting work permits, overseeing Form I-9 and running E-Verify.
- USCIS online account number (OAN)
A unique number issued by the USCIS online filing system to your account. You should have only one for all your cases. It is not the same as your A-Number or a receipt number.
- USCIS Policy Manual
USCIS’s central online home for its official immigration policies, organized in volumes by benefit type. Officers must follow it, though it does not remove their discretion. It does not create legally enforceable rights.
V
- Visa Bulletin
A monthly State Department report showing how far each family and employment green card line has moved, by country. You compare your priority date with its dates to see when you can file or be approved.
- Visa number
One of the limited immigrant visas the law allows each year in a preference category. A preference green card needs an available visa number for your category, country and priority date. Visas for immediate relatives of citizens are unlimited and always available.
- Visa revalidation (Automatic visa revalidation)
A rule that treats an expired visa as valid for re-entry after a short trip to Canada or Mexico. The trip must be 30 days or less. You need a valid I-94 and passport and must have kept your status. You must not have applied for a new visa abroad.
- Visa stamp (Visa foil)
The physical visa placed in your passport, showing your visa class. It lets you apply for entry at a U.S. port of entry but does not guarantee admission. The State Department, not USCIS, issues it.
- Visa vs status
The State Department issues a visa based on the purpose of your trip. Your status is the category you hold in the United States for that purpose. Maintaining status means following the rules tied to it, such as a student attending classes full time.
- Visa Waiver Program (VWP)
A program that lets citizens of participating countries visit for business or tourism without a visa. Each visit can last up to 90 days. Travelers need an approved ESTA before they travel. In return, those countries let U.S. citizens visit on similar terms.
W
- Well positioned to advance the endeavor (prong 2)
The second NIW prong, which focuses on you rather than the endeavor. Officers weigh your education, skills, record of success, plans, progress and outside support. You need not prove the endeavor will more likely than not succeed.
- Willful misrepresentation
Willfully making a false statement of a material fact to a U.S. official to get, or try to get, an immigration benefit. It makes a person inadmissible under INA 212(a)(6)(C)(i). No intent to deceive is required. Every fraud finding is also a misrepresentation finding.
How to use it
Getting the most from this glossary
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Start with the tests
If you are weighing EB-1A or NIW, read Kazarian, final merits and Dhanasar first.
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Then check your place in line
Your priority date and country decide how long you may wait after approval.
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Ask about your own case
A definition is not advice. A partner-firm attorney confirms how a rule applies to you.
FAQ
Questions people ask
An RFE asks for more evidence before USCIS decides. A NOID says USCIS intends to deny and gives you a chance to respond first. (USCIS Policy Manual, Vol. 1, Part E, Ch. 6)
Kazarian’s two steps apply to EB-1A. Dhanasar’s three prongs apply to the EB-2 national interest waiver. If you are unsure which route fits, start with the free evaluation.
No. Green Card Guide is not a law firm. These are general definitions, and a partner-firm attorney confirms how they apply to you.
Turn the terms into a plan
The free evaluation shows where you stand for EB-1A, EB-2 NIW and O-1, criterion by criterion. No account or card needed. A partner-firm attorney confirms eligibility before anything is filed.
Sources · checked October 2026
- USCIS Policy Manual, Volume 6, Part F, Chapter 2: Extraordinary Ability
- Kazarian v. USCIS, 596 F.3d 1115 (9th Cir. 2010), slip opinion
- Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016)
- 8 CFR 204.5, Legal Information Institute, Cornell Law School
- USCIS, Visa Availability and Priority Dates
- USCIS, How Do I Request Premium Processing?
- USCIS, Form I-485
- USCIS, Green Card Processes and Procedures
- USCIS Policy Manual, Volume 1, Part E, Chapter 6: Evidence
- USCIS, Employment-Based Immigration: First Preference EB-1
- USCIS Policy Manual, Volume 6, Part F, Chapter 5
This page is general information, not legal advice. Rules and fees change; a partner-firm attorney confirms what applies to you before anything is filed.