Term | Definition |
2 year home residency requirement | Some FNs in J (Exchange Visitor) status are subject to the 2 year home residency requirement, meaning that they must return home for 2 years after the J program. They may be able to obtain a J waiver, which would waive this home residency requirement. |
221(g) | 221(g) means that the Consulate issued an administrative processing request for the Foreign National (FN) to provide additional information before his/her visa can be approved. |
Adjustment of Status (AOS) | If a Foreign National is inside the U.S. in valid status, they could elect to file their green card application as "AOS". This would mean that they can adjust their status from inside the U.S., without having to travel abroad. |
Administrative Processing | Same as "221(g)". Administrative processing means that the Consulate issued a request for the Foreign National (FN) to provide additional information before his/her visa can be approved. |
Advance Parole (AP) | Foreign Nationals (FNs) who are applying for the green card as Adjustment of Status (AOS) will receive AP. Once the AP is approved, they can travel internationally and re-enter the U.S. while their green card application is pending. |
Affidavit | A sworn statement submitted in writing, often witnessed by a notary. |
Alien | A person who is not a U.S. citizen. |
A-Number | A unique number assigned to Foreign Nationals by the Department of Homeland Security. A-Number is also referred to as the Alien Registration Number. |
AOS Interview | Foreign Nationals (FNs) who are applying for the green card as Adjustment of Status (AOS) will attend an AOS interview before their green card can be approved. |
Appeal | If a filing is denied by USCIS, the attorney may recommend submitting an appeal. An appeal is a request to an outside authority to overturn the denial. Some immigration decisions can be appealed to the USCIS Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA). |
Argo | Argo provides interview prep for both Consular and AOS clients. For example, interview prep before the immigrant visa interview at the U.S. Consulate. |
Audit | The Department of Labor (DOL) can issue audits to filed Labor Certification (LCs), typically asking for recruitment documents to ensure that all mandatory recruitment steps were completed. If an audit is issued, this will typically extend the timeline for when DOL will approve the LC. |
B-1/B-2 | B-1/B-2 are temporary statuses in the U.S. B-1 is for temporary business travel in the U.S. B-2 is for tourism. |
Beneficiary | In the EB-3 Unskilled context, the Beneficiary is the foreign person being sponsored for the EB-3 job. |
Biometric Appointment | The USCIS biometrics appointment is a routine step of the green card application process. During the biometrics appointment, Foreign Nationals (FNs) will have their photographs, fingerprints, and signatures taken to be compared against the FBI’s criminal database and the Department of Homeland Security’s (DHS) database. |
Biometrics | Identifying information based on physical traits, including fingerprints, photograph and signature. |
Child | Under immigration law, a "child" must be under 21 years old and unmarried. Children of the primary applicant may be eligible for immigration benefits. |
Child Status Protection Act (CSPA) | Applicants for green cards may include their unmarried children under the age of 21 on their green card applications. To decrease the risk of children “aging out” (i.e., turning 21 before approval of the green card), the U.S. government created the Child Status Protection Act (CSPA) which locks in the child’s age in what is known as the “CSPA age”. Then CSPA age is calculated by applying this formula: Age at time of visa availability - Pending time of I-140 = CSPA Age. NOTE: CSPA can be complicated, and the attorney will provide the legal strategy if the client has children close to aging out. |
Citizenship | "Citizenship" is different than "nationality". Typically, citizenship is evidenced by a person's passport. Nationality is where the person was born. You can change your citizenship but not your nationality. For example, someone can be a U.S. citizen but a national of Vietnam. |
Citizenship test | A test administered during an in-person interview as part of the naturalization process to become a U.S. citizen. Candidates for citizenship must show that they can speak, read, and write in English, and must also show a basic knowledge of American civics, including the country’s history and political system. |
Civil Surgeon | Civil surgeons are medically trained and licensed physicians who are designated by USCIS to perform immigration medical exams in the U.S. Medical examinations performed abroad are performed by panel physicians. |
Client Services (CS) | CS is the team at BDV responsible for helping clients with their relocation process after their I-140 is approved and they have obtained their work authorization. CS ensures that clients have housing, transportation, childcare, etc. and coordinates the client's start date with their sponsor. |
Consular processing | Consular processing means applying from the green card from outside the U.S. Once approved, the Foreign National (FN) will be issued an immigrant visa to enter the U.S. as a Lawful Permanent Resident. |
Consulate | The U.S. Consulate abroad is where Foreign National(s) who are Consular processing will attend their immigrant visa interview and obtain their immigrant visa to enter the U.S. |
Cross-chargeability | A Foreign National's (FN's) place in line for when they can apply for and receive their green card is based on their employment-based category plus their country of birth. A few countries of birth have long visa backlogs (such as India and China). “Cross-chargeability” is a useful exception. Under cross-chargeability, if an FN and their spouse were born in different countries and they both want to apply for green cards, they may elect to both be “charged” to one spouse's country if the green card line for that spouse’s country is faster. For example, if one spouse was born in India and one spouse was born in France, they can both be "charged" to France to qualify for green cards more quickly. |
Customs & Border Protection (CBP) | CBP is a U.S. government agency within the Department of Homeland Security. CBP officials protect the U.S. border, enforce customs and immigration regulations, and inspect new arrivals before admitting them to the United States. |
Cut-off date | The dates on the Visa Bulletin are called "cut-off" dates. The Foreign National's (FN's) priority date must be before the relevant cut-off date on the Visa Bulletin to file the green card application and/or receive the green card. |
Denial | The official decision from USCIS that the application/petition cannot be approved after a review of the case. A denial is different than a rejection. (A "rejection" is a finding by USCIS that an immigration filing cannot be accepted because it is incomplete. A rejection does not mean that the applicant doesn’t qualify for a particular immigration benefit; it just means they haven’t submitted their application correctly). |
Department of Homeland Security | The U.S. government agency that handles domestic security, including most immigration functions. |
Department of Justice (DOJ) | The U.S. government agency that handles criminal justice and law enforcement. Immigration courts and some immigration appeals are administered by the DOJ. |
Department of Labor (DOL) | DOL is the U.S. department responsible for reviewing and approval Prevailing Wage Determinations (PWDs) and Labor Certifications (LCs), which are necessary for the EB-3 employment-based green card process. |
Department of State (DOS) | The U.S. government agency that handles foreign affairs and diplomacy, and runs U.S. consulates and embassies around the world. |
Dependents | Dependents are the legal spouse and/or children (unmarried and under 21) of the primary applicant. |
Designated School Official (DSO) | Foreign students in F-1 status must keep in regular contact with the DSO at their college/university. |
Duration of Status (D/S) | A mark or stamp made on a temporary visitor’s I-94 record (in the admit-until date section) when they are admitted to the United States. The D/S mark (sometimes also referred to as “Duration of Stay”) allows a visitor to remain in the United States for as long as they maintain their current immigration status. For example, an F-1 student holder can often remain in the United States until they complete their educational program. |
EB-3 Unskilled | EB-3 Unskilled, also known as "EB-3 Other Worker" is the employment-based immigrant category used to sponsor foreign workers who will be performing unskilled jobs in the U.S., such as janitors, food preps (fast food workers), factory workers, etc. |
Embassy | A diplomatic office, usually located in a foreign country’s capital city and headed by an ambassador. In many countries, the United States also maintains smaller diplomatic offices called consulates in important towns and cities. Both consulates and embassies offer a wide range of immigration services. |
Employment Authorization Document (EAD) | In the EB-3 Unskilled context: Foreign Nationals (FNs) who are applying for the green card as Adjustment of Status (AOS) will also apply for the EAD through Form I-765. Once the EAD is approved and issued, the FN can work in the U.S. while their green card application is pending. The EAD can also be referred to as the "work permit". |
Employment Verification Letter (EVL) | The EVL is typically provided to Foreign Nationals (FNs) for their green card interview. It either documents that the FN is already working for the sponsor (listing the FN's job title, work location, and salary), or that the sponsor is still willing to employ the FN for the offered, full-time position. |
Envoy | Envoy is one of BDV's external partners that provide support for I-140 and green card filings for cases we assigned to them. Global Immigration Associates (GIA) is the law firm that partners with Envoy to provide legal review of I-140 and green card applications. |
ETA-9089 | ETA-9089, Labor Certification (LC), and PERM are all the same thing. BDV uses the term Labor Certification (LC), but this same form can be referred to as either the ETA-9089 or PERM. The LC is the first step in the EB-3 green card process. This form is filed with the Department of Labor (DOL) to show that the employer completed the necessary recruitment steps and that there were not enough willing and qualified U.S. workers for the role, which is why the employer is looking to sponsor foreign workers. |
F-1 | F-1 is the status for foreign students in the U.S. |
Field Office | A regional USCIS office that provides services for people resident in a given district. |
Filing Fee | Fee(s) that must be paid to the government when submitting certain immigration petitions or applications. |
Foreign National (FN) | Someone who is not a U.S. citizen. All of our clients are considered FNs. |
Global Immigration Associates (GIA) | Global Immigration Associates (GIA) is the law firm that partners with Envoy to provide legal review of I-140 and green card applications. |
Green card | The green card is evidence of Lawful Permanent Resident (LPR) status, meaning that the Foreign National can permanently live and work in the U.S. |
I-131 | Advance Parole (AP) allows foreign nationals to travel abroad and re-enter the U.S. while their green card application is pending. AP is requested by submitting Form I-131 with USCIS. |
I-140 | The I-140 immigrant petition is a form that is filed with USCIS once the Labor Certification (LC) is approved. The I-140 states that the employer is sponsoring the Foreign National (FN) for a specific position in the U.S. The I-140, by itself, does not provide the FN with status to remain in the U.S. or U.S. work authorization. |
I-290B | If the filing is denied, the attorney may use Form I-290B to appeal the denial to the Administrative Appeals Office (AAO) or file a motion to reconsider or reopen (MTR) with USCIS. |
I-485 | The I-485 application is used to apply for a green card from within the U.S., in what is known as the Adjustment of Status (AOS) process. |
I-551 stamp | I-551 stamp is a sticker in the passport that will provide temporary evidence of someone's Lawful Permanent Resident (LPR) status. |
I-765 | In the EB-3 Unskilled context: Foreign Nationals (FNs) who are applying for the green card as Adjustment of Status (AOS) will also apply for the EAD through Form I-765. Once the EAD is approved and issued, the FN can work in the U.S. while their green card application is pending. |
I-9 | I-9 is a form used to verify the identity and work authorization of people employed in the U.S. The employer is required to promptly complete the I-9 form each new hire. The worker must provide documentation of their identity and work authorization. |
I-94 | The I-94 is evidence of a Foreign National's (FN) authorized period of stay in the U.S. |
Immigrant visa | Clients who are Consular processing will receive an immigrant visa. Consular processing means applying from the green card from outside the U.S. Once approved, the Foreign National (FN) will be issued an immigrant visa to enter the U.S. as a Lawful Permanent Resident. |
Immigration and Customs Enforcement (ICE) | The U.S. law enforcement agency tasked with enforcing immigration law, and with identifying and deporting unlawful immigrants. Part of the Department of Homeland Security. |
Internal Revenue Service (IRS) | IRS is the U.S. government agency that collects taxes from individuals and businesses. |
J waiver | Some FNs in J (Exchange Visitor) status are subject to the 2 year home residency requirement, meaning that they must return home for 2 years after the J program. They may be able to obtain a J waiver, which would waive this requirement. |
Labor Certification (LC) | Labor Certification (LC), ETA-9089, and PERM are all the same thing. BDV uses the term LC, but this same form can be referred to as either the ETA-9089 or PERM. The LC is the first step in the EB-3 green card process. This form is filed with the Department of Labor (DOL) to show that the employer completed the necessary recruitment steps and that there were not enough willing and qualified U.S. workers for the role, which is why the employer is looking to sponsor foreign workers. |
Lawful Permanent Resident (LPR) | Lawful Permanent Resident (LPR) status, means that the Foreign National can permanently live and work in the U.S. LPR is used interchangeably with "green card holder". |
Maiden Name | A woman’s family name prior to marriage. |
Metropolitan Statistical Area (MSA) | MSAs are geographic areas defined by the U.S. Office of Management and Budget. Any worksites within the same MSA is considered to be within normal commuting distance. MSAs are important because, if the worksite changes to a different location within the same MSA, (job duties and employer remaining the same), this will not have immigration impact. |
Momentum Immigration | Momentum Immigration is the law firm that works directly with BDV's Visa Processing team. The Visa Processing team will prepare I-140 and green card applications, which is then reviewed by attorney(s) at Momentum Immigration. The attorney(s) provide legal review and legal guidance. |
Motion to Reopen/Motion to Reconsider (MTR) | If a petition/application is denied by USCIS, the attorney may recommend filing a MTR. A Motion to Reopen is based on documentary evidence of new facts to request that the case be reopened. A Motion to Reconsider is based on the argument that the government incorrectly applied the law in denying the filing. |
National Visa Center (NVC) | For Consular processing EB-3 Unskilled clients, once the I-140 immigrant petition is approved, the NVC provides initial review of submitted documentation and then forwards approved petitions to a U.S. Embassy/Consulate for processing. |
Nationality | Nationality is where the person was born. You can change your citizenship but not your nationality. For example, someone can become a U.S. citizen but will remain a national of Vietnam. |
Naturalization | The process of gaining U.S. citizenship. Green card holders are generally eligible to naturalize after between 3 and 5 years as permanent residents. |
Notice of Filing (NOF) | NOF is part of the mandatory recruitment process before the Labor Certification (LC) can be filed. The NOF must be posted by the employer and it is intended to notify the sponsoring employer's U.S. workforce that an LC may be filed for foreign worker(s). |
Notice of Intent to Deny (NOID) | After reviewing the application/petition, USCIS may issue a NOID listing the reason(s) why they intend to deny the filing. USCIS will provide an opportunity for the attorney/applicant/sponsor to provide additional documentation/information to overcome the government's concerns. Not all NOIDs will result in a denial. |
Notice of Intent to Revoke (NOIR) | Notice from USCIS/DOL of its intention to revoke previously approved application, petition or labor certificate. |
Offering | The specific job and work location offered by a Sponsor. One sponsor could have one offering or multiple offerings (ex: different jobs or multiple work locations in different Metropolitan Statistical Areas). |
Optional Practical Training (OPT) | OPT is temporary employment that is directly related to an F-1 student's major area of study. Generally, F-1 students are eligible for 12 months of post-completion OPT after they complete their degree. |
Outside Counsel | Outside Counsel refers to the external law firms that provide legal guidance for our clients. Currently, BDV's main outside counsels are Global Immigration Associates (GIA) and Momentum Immigration. |
Panel Physician | A medically trained and licensed doctor practicing overseas who is appointed by the local U.S. Embassy or Consulate. to perform immigration medical exams outside the U.S. |
Passport biographic page | The biographic data page is the page within the passport that contains the person's photograph, name, date of birth, and place of birth. |
PERM | PERM, Labor Certification (LC), and ETA-9089 are all the same thing. The LC is the first step in the EB-3 green card process. This form is filed with the Department of Labor (DOL) to show that the employer completed the necessary recruitment steps and that there were not enough willing and qualified U.S. workers for the role, which is why the employer is looking to sponsor foreign workers. |
Petitioner | In the EB-3 Unskilled context, the Petitioner is the employer sponsoring the foreign workers. Sponsor, Employer, and Petitioner refers to the same thing and are used interchangeably. |
Port of entry | Any border crossing, seaport, or airport where people enter the United States. |
Porting | "Porting" allows Foreign Nationals (FNs) to switch to a different employer while their green card application is pending. In order to port to a new employer, the new role must be in a "same or similar" occupation. For I-485 applicants, porting requires submitting a Supplement J form to USCIS once the I-485 petition has been pending for over 180 days. |
Prevailing Wage Determination (PWD) | PWD is issued by the Department of Labor (DOL). On behalf of the employer, we submit a Prevailing Wage Request (PWR) to DOL listing the job title, job duties, and work location. The DOL reviews this information and issues its determination of the prevailing wage for the role. The employer must pay workers in that role and location at least the prevailing wage. |
Prevailing Wage Request (PWR) | PWR is submitted to the Department of Labor (DOL). Once the request is reviewed and approved, the DOL issues the Prevailing Wage Determination (PWD). The DOL reviews the job title, job duties, and work location for the role and offers a determination of the prevailing wage. The employer must pay workers in that role and location at least the prevailing wage. |
Primary | "Primary" refers to the main applicant. For example, if Mary wants to go through the EB-3 unskilled process and she has a spouse. Mary would be considered the Primary, and her spouse would be considered her Dependent. |
Priority Date | The priority date is the date the Labor Certification (LC) was filed. Think of the priority date as the Foreign National's place in line, because it determines when their green card application can be filed and when their green card can be issued. |
Program Success (PS) | The Program Success team is responsible for maintaining relationships with sponsors and addressing concerns from Foreign Nationals (FNs) once they start work. |
Receipt number | A tracking number issued by USCIS to help track the status of a filed application/petition. |
Recruitment | For EB-3 Unskilled cases, employers must complete a mandatory recruitment process before the Labor Certifications (LCs) can be filed. The mandatory recruitment process requires the employer to post two consecutive newspaper ads for the job opening, post the job opening with the State Workforce Agency (SWA), and post the Notice of Filing (NOF). If the employer receives any applications during the recruitment process, the employer must complete the applicant screening chart to document whether the applicant(s) were hired or provide a valid reason as to why the applicant(s) were rejected for the position. |
Reject | A finding by USCIS that an immigration filing cannot be accepted because it is incomplete. A rejection does not mean that the applicant doesn’t qualify for a particular immigration benefit; it just means they haven’t submitted their application correctly. |
Request For Evidence (RFE) | USCIS may issue a RFE if the government thinks that they need more information/documentation before making a final decision on the petition/application. A RFE request does not mean that the case will be denied. |
Retrogression | Usually, the Visa Bulletin’s cut-off dates move forward over time. When there are more applications for a green card category than the government was expecting, the cut-off dates may move backwards. Retrogression is the cut-off date in the Visa Bulletin moving backwards due to increase in demand. |
Settlement Guide | The Client Services (CS) team prepare Settlement Guides as a resource to clients going through the relocation process. The guides contain useful information, such as information about city/town that the client will work in, resources in the area (ex: where the DMV is located), and possible housing options. |
Sponsor | The "sponsor" is the employer sponsoring the foreign workers. Sponsor, Employer, and Petitioner refer to the same thing and are used interchangeably. |
State Workforce Agency (SWA) | For EB-3 Unskilled cases, there are mandatory recruitment steps that must be completed before the Labor Certifications (LCs) can be filed. This includes posting the job opening with the State Workforce Agency (SWA). |
STEM OPT | STEM Optional Practical Training (OPT). F-1 students who majored in designated Science, Technology, Engineering, and Math (STEM) degrees are eligible for 24-month extension of OPT. |
STEM Training Plan | For students in F-1 STEM OPT, the F-1 student and their employer must work on the STEM Training Plan (Form I-983) for submission to their school. The training plan must articulate the student's learning objectives and the employer's commitment to helping the student achieve these objectives. |
Student and Exchange Visitor Information System (SEVIS) | SEVIS is a web-based system for maintaining information on F-1 students and J-1 exchange visitors in the United States. |
Student and Exchange Visitor Program (SEVP) | SEVP manages foreign students and exchange visitors in the United States through SEVIS, and certifies schools that are eligible to enroll foreign nationals on F-1 and M-1 student visas. |
Supplement J | Supplement J, commonly shortened to "Supp J" is the form that must be submitted to USCIS to request porting. Porting allows Foreign Nationals (FNs) to switch to a different employer while their I-485 (green card application) is pending. In order to port to a new employer, the new role must be in a "same or similar" occupation. |
Temporary Protected Status (TPS) | A program that allows people from certain countries hit by conflict, civil disorder, or natural disaster to live and work in the United States. |
Unauthorized work | Unauthorized work refers to when Foreign Nationals (FNs) work in the U.S. without the necessary work authorization. Unauthorized work may have an immigration impact. |
Unlawful presence | A period of time when a Foreign National (FN) is present in the United States without authorization, such as when a FN stays in the U.S. after their I-94 has expired. Unlawful presence may have an immigration impact. |
USCIS | U.S. Citizenship and Immigration Services (USCIS) is responsible for reviewing immigration-related applications/petitions. For example, the I-140 immigration petition, I-485 green card application, I-765 work authorization (EAD), and I-131 advance parole (AP) are reviewed and approved by USCIS. |
Variable Worksites | Some sponsors have "variable worksites", meaning that they have more than one worksite in the Metropolitan Statistical Area (MSA). Due to business need, the Foreign National (FN) may end up working for the sponsor in a different worksite within the same MSA, instead of the exact listed on the Labor Certification. |
Visa Bulletin | The Visa Bulletin is issued every month by the Department of State. It shows which green card applications can be filed, and which filed applications can move forward to green card issuance, based on when the labor certification (LC) was filed. The Visa Bulletin also lets you estimate how long it will take before you get your green card. |
Visa stamp | The visa stamp is the sticker in the Foreign National's (FN's) passport. Typically, FNs will need a valid visa stamp to enter the U.S. The visa stamp is an entry document. |
Work permit | The Employment Authorization Document (EAD) can also be referred to as the "work permit". |
Worksite (WS) | Worksite is the address where the Foreign National (FN) will be working. |
YOW | YOW is the EB-3 client login portal for BDV Solutions. |
YOW chat | Foreign Nationals (FNs) can log in to their YOW portal to chat with the BDV team through the YOW chat function. |
Written by Nhu-Y Le
Updated over a week ago