Latest FAQs

  1. Monday, 14...
    Question: Does this memorandum change any of the requirements to establish eligibility for an H-1B petition?
    Answer:

    No. This memorandum does not change any of the requirements for an H-1B petition. The H-1B regulations currently require that a United States employer establish that it has an employer-employee relationship with respect to the beneficiary, as indicated by the fact that it may hire, pay, fire, supervise or otherwise control the work of any such employee. In addition to demonstrating that a valid employer-employee relationship will exist between the petitioner and the beneficiary, the petitioner must continue to comply with all of the requirements for an H-1B petition including:

    • establishing that the beneficiary is coming to the United States temporarily to work in a specialty occupation;
    • demonstrating that the beneficiary is qualified to perform services in the specialty occupation; and
    • filing of a Labor Condition Application (LCA) specific to each location where the beneficiary will perform services.

    See more at: http://www.immigration.com/news/h-1-visa/uscis-updated-questions-answers...



    This content is tagged for employers and Human Resources professionals responsible for hiring foreign professionals/workers in USA

    US Department of Labor is charged with protecting the labor market and investigation and enforcement activities related to that.

    Immigration and Custom Enforcement. This agency used to be a part of old INS. When DHS was formed, enforcement personnel of US Customs Service and INS were combined to form ICE, which is now responsible for a large part of immigration enforcement activity.

    Department of State (State Department) is responsible for issuing visas, which are a permission to travel to USA.

    A method to obtain green card used to avoid the need for PERM based labor certification.

    Customs and Border Protection. This agency was spun off from old INS. CBP is responsible for inspecting people when they land at airports, docks and land borders.

    To qualify for an A-1 (or A-2 visa), you must be traveling to the United States on behalf of your national government to engage solely in official activities for that government.  The fact that there may be government interest or control in a given organization is not in itself the defining factor in determining if you qualify for an A visa; the particular duties or services that will be performed must be governmental in character or nature, as determined by the United States Department of State, in accordance with U.S. immigration laws. Government officials traveling to the United States to perform non-governmental functions of a commercial nature, or traveling as tourists, require some other appropriate visa, and do not qualify for A visas.

    To qualify for an A-2 (or A-1 visa), you must be traveling to the United States on behalf of your national government to engage solely in official activities for that government. The fact that there may be government interest or control in a given organization is not in itself the defining factor in determining if you qualify for an A visa; the particular duties or services that will be performed must be governmental in character or nature, as determined by the United States Department of State, in accordance with U.S. immigration laws. Government officials traveling to the United States to perform non-governmental functions of a commercial nature, or traveling as tourists, require some other appropriate visa, and do not qualify for A visas.

    Consulates all over the world issue visas - a permission to enter USA for a specific purpose. Consulates are a part of the State Department (DOS - Department of State).

    Bangladesh Immigration

    Indonesia Immigration

    I-94 aka Arrival Departure Record is what governs your status in the USA. An expired I-94 can lead to bar from entering USA for 3 to 10 years.See details on "Unlawful Presence".

    When used in relation to immigration, this is another name for being LEGALLY present in the USA

    This is a complicated term. Very simply (there is a lot more to it), you could have your status expire and still be authorized to stay in USA awaiting the outcome of a legally filed petition. This is something less than "Status" but much better than "Unlawful Presence."

    This is another complicated concept with some very serious consequences. Briefly, if you have been unlawfully present in USA for more than 180 days, you cannot come back to USA for 3 years and if unlawfully present for a year or more, you cannot come back for 10 years. Very generally speaking unlawful presence begins after expiration of the I-94 or after having been asked by the govt. to leave USA.

    These are topics related to appeals and motions for reconsideration or reopening of decisions (MTR) by govt. agencies such as USCIS, USDOL, etc.

    These are topics related to appeals and motions for reconsideration or reopening of decisions (MTR) by govt. agencies such as USCIS, USDOL, etc.

    Adjustment of Status

    Includes topics of loss of physical green card papers or the card itself as well as loss of green card through abandonment and criminal activity.

    When used in relation to immigration, this is another name for extending your status.

    Employees working in USA

    Personal employees, attendants and servants of A-1 and A-2 visa holders.

    EB4 category is for religious workers.

    “Priority Date” determines your place in the queue for waiting for green card in the categories where there is a wait. When the govt. has reached your PD, it is said to be “current.” For family-based green cards, PD is the date your I-130 was filed; for PERM-based cases, the date your PERM was filed; for employment-based cases other than through PERM (like EB-1 cases), PD is the date your I-140 was filed. DOS publishes the movement of the PD queue every month in the Visa Bulletin: http://www.immigration.com/visa-bulletin

    A publication of the US State Department that keeps track of the green card backlogs and informs us which "Priority Dates" are current so the applicants can expect to get through the last step of their green card processing. This is published every month around the 14th and tells us the availability for the following month. Note that certain categories of applicants ("immediate relatives") such as spouse of a US citizen are not shown in the visa bulletin because they are entitled to have their applications considered without any wait.

    Bureau of Citizenship and Immigration Services (now USCIS)

    Central Intelligence Agency

    Department of Homeland Security

    Department of Justice

    Federal Bureau of Investigation

    Immigration and Naturalization Service (now reconstituted into USCIS)

    Internal Revenue Service

    Office of Management and Budget

    Social Security Administration

    U.S. Citizenship and Immigration Services. Earlier known as INS. USCIS is responsible for providing immigration benefits to applicants. Homepage http://wwww.uscis.gov

    American Competitiveness and Workforce Improvement Act of 1998.

    Approval Date (When your application was approved)

    Alien Documentation, Identification & Telecommunications System

    Assistant Field Office Director

    Abbreviation for American Immigration Lawyers Association.

    Adjudications Officer

    Administrative Review

    Application Support Center: offers biometric services including fingerprinting services

    Birth Certificate

    Bureau of Citizenship and Immigration Services (now USCIS)

    Board of Immigrant Appeals

    Biometrics (include Digital photo, index finger print and your digital signature). This is needed for the production of Green Card.

    Customs and Border Protection

    Central Intelligence Agency

    Citizenship and Immigration Services

    Consulate Officer

    Consular Processing

    Conditional Permanent Resident

    Curricular Practical Training

    Central Regional Office

    California Service Center

    Cancelled Without Prejudice

    Deputy Field Office Director

    Department of Homeland Security

    Drivers License

    Department of Motor Vehicles

    Department of Justice

    Department of Labor

    Dallas Office Rapid Adjustment of Status

    Department of State

    Detention and Removal Operations

    Diversity Visa (a.k.a. Green Card Lottery)

    Eastern Application Center

    Employment Authorization Document (I-765, approval to work while waiting for Adjustment of Status - AOS Approval)

    Electronic Data Systems

    Executive Office of Immigration Review

    Expedited Removal

    Eastern Regional Office

    Entered Without Inspection

    Foreign Affairs Manual

    Federal Bureau of Investigation

    Field Office Director

    Finger Print

    File Transfer Request

    Green Card

    Immigration Judge

    International Marriage Brokers Act

    Immigration and Nationality Act

    Is an online appointment so you can go to your DO if you have a doubt or want to know something about your case in person or to request your interim EAD

    Immigration and Naturalization Service (now called USCIS)

    Immigration officer / Interviewing officer

    Immigration Reform and Control Act of 1986

    Internal Revenue Service

    Internet Service Provider

    Immigrant Visa

    Immigrant Visa Applicant Control System

    John F. Kennedy International Airport

    Kentucky Consular Center

    Labor Condition Application

    Lawful Permanent Resident

    Lawful Permanent Resident Alien

    Last Update Date on your on-line portfolio at USCIS website. It is the date when they last took action on your application, could be anything.

    Machine Readable Data

    Machine Readable Passport

    Machine Readable Visa

    Missouri Service Center

    Notice Date (When USCIS notified you that they received your application)

    National Data Entry Center

    Non Immigrant Visa

    Notice of Action is your receipt/letter that you received after you filed your forms (indicates I-797C)

    Notice of Proposed Rule Making

    Notice To Appear

    Nebraska Service Center

    National Visa Center

    New York District Office

    Office of Management and Budget

    Optional Practical Training

    Other Than Mexican

    Police Clearance Certificate

    Priority Date

    Port of Entry

    Permanent Resident (Also LPR - Legal Permanent Resident)

    Quality Assurance

    Receipt Date (When USCIS received your application)

    Remote Adjudications Center

    Request for Evidence

    Request for Initial Evidence

    Service Center (this is used with a prefix, eg CSC - California Service Center; MSC - Missouri Service Center, that is the address from where you will received your NOA (Notice of Action))

    Supervisory Detention & Deportation Officer

    Student Exchange Visitor Information System

    Student and Exchange Visitor Program

    Social Security Administration

    Social Security Number

    State Workforce Agency

    When the UCSIS "Touches" your petition or file it means that an action was taken which required your file to be physically touched or moved. Example: Your file is touched when it is given to an adjudicator to process.

    Temporary Protected Status

    Texas Service Center

    Transit Without Visa

    US Citizen

    U.S. Citizenship and Immigration Services

    System in airports that captures biometrics of people entering the country

    Voluntary Return

    Vermont Service Center

    Visa Waiver Program

    Western Application Center

    Western Regional Office

    Alien's Change of Address Form

    NAFTA Professional visa

    NAFTA Professional Dependant visa

    Pre-Flight Inspection

    PERM Processing: Program Electronic Review Management

    Individual Taxpayer Identification Number

    Interim EAD

    Application to Replace Permanent Residence Card

    Employment Eligibility Verification

    Affidavit of Support

    Application for Employment Authorization

    Green Card

    Application To Register Permanent Residence or Adjust Status

    Welcome Notice

    Immigrant Petition for Alien Worker

    Affidavit of Support

    Application for Travel Document

    Advance Parole or AP (Form I-131): The authorization to travel outside the US while your adjustment of status is pending. Note, Form I-131 is also used for Reentry Permit, an application by a US green card holder to be away from USA for over one year.

    Administrative Appeals Office

    Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student’s major area of study. Under the prior rules, an F-1 student could be authorized to receive up to a total of 12 months of practical training either before (pre-) and/or after (post-) completion of studies.

    This is an abbreviation for test_term and can be deleted

    AC21 is the name given to a law that provides for several matters including the ability to change jobs while an employment-based green card is pending (I-485 AC21 portability) and to start working for an H-1B employer as soon as transfer petition is filed with the USCIS.

    AC21 is the name given to a law that provides for several matters including the ability to change jobs while an employment-based green card is pending (I-485 AC21 portability) and to start working for an H-1B employer as soon as transfer petition is filed with the USCIS.

    American Immigration Lawyers Association

    Bureau of Educational and Cultural Affairs

    The process though which a person within USA obtains a change in their status to green card holder. This is usually the last step for (most not all) green card process.

    Includes Zoologists, Botanists

    Includes occupations in biochemistry, cytology, genetics, physiology

    Fashion Models

    Hotel management and related professions

    An alternative to obtaining the last step in the green card through the consulates outside USA. This is an alternative to adjustment of status.

    DOD (Department of Defense) project visas.

    Includes CPA's CA's and all other accountants and auditors

    Violence Against Women Act

    Child Status Protection Act

    Labor Condition Application. This is a part of some nonimmigrant visa applications process including H-1 visas. Not to be confused with "Labor Certification" also known as PERM, which is a part of the green card process. An LCA, or Labor Condition Application, is required to be submitted to and certified by the U.S. Department of Labor as a part of an H-1B application. The LCA serves to ensure that U.S. wages will not be depressed by the hiring of the H-1B employee and that the H-1B worker will not be exploited. In the LCA, the employer guarantees that it will pay the H-1B worker the required wage, which is the greater of the prevailing wage or the actual wage paid to other employees in the same position; that the H-1B employee will not displace a U.S. worker; and that the employment will not adversely affect the working conditions of workers similarly employed in the area of intended employment.

    Also known as CIS Ombudsman, this office provides recommendations for resolving individual and employer problems with the USCIS. As mandated by the Homeland Security Act of 2002 § 452, CIS Ombudsman is an independent office that reports directly to the Deputy Secretary of Homeland Security. http://www.dhs.gov/xabout/structure/editorial_0482.shtm

    PERM audits typically involve questions from the USDOL regarding the PERM filing.

    Used mostly in the context of the last step in green card processing (Adjustment of Status), preadjudication means USCIS is proceeding to make decision on the file even though priority date is not yet current. The idea is that way when the PD gets current, all they need to do is send approval notice and then the green card. So if the AOS is preadjudicated, you still need to wait for the PD to become current.

    Petition for a conditional resident who obtained status through marriage to apply to remove the conditions on his or her residence.

    Vermont Service Center

    California Service Center

    Nebraska Service Center

    Texas Service Center

    Office of the Chief Administrative Hearing Officer (OCAHO) is one of the three adjudicative bodies within the Executive Office for Immigration Review (EOIR). It has jurisdiction over three types of civil penalty cases: employer sanctions (INA § 274A - 8 USC § 1324a), unfair immigration-related employment practices (INA § 274B - 8 USC § 1324b), and immigration-related document fraud (INA § 274C - 8 USC § 1324c).

    Board of Alien Labor Certification Appeals is an adjudicative agency that decides in appeal PERM and wage disputes.

    Certifying Officer is the highest Department of Labor officer for a region. They are charged, amongst other things, with the responsibility to adjudicate PERM and LCA cases.

    Fraud Detection and National Security. FDNS was created to strengthen the ability of the U.S. Citizenship and
    Immigration Services (USCIS) to provide the right benefit to the right person at the right time, and no benefit to the wrong person.

    Citizenship in USA can be obtained through naturalization or through birth in USA.

    The process through which a person becomes a US Citizen.

    N-470 helps you preserve your stay abroad for naturalization under certain circumstances. So, even though you are living outside USA, you can accumulate that time for naturalization.

    Electronic System for Travel Authorization

    Congressional Research Service. A "think tank" that provides reports to members of Congress on a variety of topics relevant to current political events.

    Missouri Service Center (MSC) was transitioned into the National Benefits Center (NBC). The NBC was established to serve as the hub and conduit for USCIS local field offices by completing all pre-interview processing of Forms generally requiring an interview. This pre-processing includes conducting background security checks, performing initial evidence reviews, adjudication of associated I-765 and I-131 applications (filed with the I-485 or separately), denial of adjustment of status cases for applicants who are statutorily ineligible, and forwarding scheduled cases to the USCIS local office for adjudication. In employment based cases, transfer to NBC usually means an interview can be expected. This can occur even if PD is retrogressed.

    Online Form DS-160, Nonimmigrant Visa Electronic Application can only be used by visa applicants applying at a U.S. Embassy or Consulate which has converted to the new electronic fully online form and process. For more information visit travel.state.gov DS-160 informational webpage for a listing of embassy locations using Form DS-160. Next, visit one of the U.S. Embassy websites using the Form DS-160 and where you will apply, to review detailed nonimmigrant visa how-to-apply instructions, in addition to these FAQs.

    1. Where can I find the DS-160?
    You can access the DS-160 from the Consular Electronic Application Center website or from the link on the U.S. Embassy or Consulate website.

    The mission of the Employment and Training Administration is to contribute to the more efficient functioning of the U.S. labor market by providing high quality job training, employment, labor market information, and income maintenance services primarily through state and local workforce development systems.

    A form issued by school for applicants to obtain a Student Visa.

    A form issued by school or sponsor for applicants to obtain a J Visa.

    United Kingdom

    Cyprus Immigration

    Japan

    France

    Germany

    Ireland

    Kuwait Immigration

    Saudi Arabia Immigration

    United Arab Emirates Immigration

    Singapore Immigration

    Chile Immigration

    China Immigration new

    Egypt Immigration

    France Immigration

    Malaysia Immigration

    Maldives Immigration

    Malta Immigration

    Mauritius Immigration

    Nepal Immigration

    Norway Immigration

    New Zealand Immigration

    Romania Immigration

    South Africa Immigration

    South Korea Immigration

    Sweden Immigration

    Switzerland immigration

    Trinidad immigration

    In April of 1994, the Department of State opened a permanent Immigrant Visa processing facility at the National Visa Center (NVC) in Portsmouth, NH. The NVC processes all approved immigrant visa petitions after they are received from Citizenship and Immigration Services in the Department of Homeland Security (CIS) and retains them until the cases are ready for adjudication by a consular officer abroad.

    Every month, the Visa Office (VO) establishes Qualifying Dates that determine if a petition will be eligible for processing. Qualifying Dates are the latest priority dates that can be processed for certain visa categories. An immigrant visa petition can only become ready for further processing when the Qualifying Date in the appropriate visa category has advanced up to the priority date of the petition. Petitions may remain at NVC for several months or for many years depending on the visa category and country of birth of the visa applicant.

    NVC’s Role

    The NVC is responsible for the collection of visa application fees and visa application documentation. When an applicant's priority date meets the most recent Qualifying Date, the NVC will contact the applicant and petitioner with instructions for submitting the appropriate processing fees. After the appropriate processing fees are paid, the NVC will again contact the applicant and petitioner to request that the necessary immigrant visa documentation be submitted to the NVC.

    The U.S. Department of State's official site for U.S. visa information

    InfoPass is an Internet-based system that enables the public to go online to schedule appointments with immigration information officers at U.S. Citizenship and Immigration Services (USCIS) offices. If you have a complex immigration question or need that is best addressed by a trained USCIS officer in person, InfoPass offers a convenient alternative to waiting in line for assistance. InfoPass is a secure Internet site.

    8 C.F.R. ง 214.3(l)(1)(ii):

    (l) Designated official.

    (1) Meaning of term Designated Official. As used in งง 214.1(b), 214.2(b),
    214.2(f), 214.2(m), and 214.4, a Designated Official, Designated School
    Official (DSO), or Principal Designated School Official (PDSO), means a
    regularly employed member of the school administration whose office is
    located at the school and whose compensation does not come from commissions
    for recruitment of foreign students. An individual whose principal
    obligation to the school is to recruit foreign students for compensation
    does not qualify as a designated official. The PDSO and any other DSO must
    be named by the president, owner, or head of a school or school system. The
    PDSO and DSO may not delegate this designation to any other person.

    (i) A PDSO and DSO must be either a citizen or lawful permanent resident of
    the United States.

    (ii) Each campus must have one PDSO. The PDSO is responsible for updating
    SEVIS to reflect the addition or deletion of any DSO on his or her
    associated campus. SEVP will use the PDSO as the point of contact on any
    issues that relate to the school's compliance with the regulations, as well
    as any system alerts generated by SEVIS. SEVP may also designate certain
    functions in SEVIS for use by the PDSO only. The PDSO of the main campus is
    the only DSO authorized to submit a Form I-17 for recertification. The PDSO
    and DSO will share the same responsibilities in all other respects.

    (iii) Each school may have up to 10 designated officials at any one time,
    including the PDSO. In a multi-campus school, each campus may have up to 10
    designated officials at any one time including a required PDSO. In a private
    elementary or public or private secondary school system, however, the entire
    school system is limited to 10 designated officials at any one time
    including the PDSO.

    The DS-160, Online Nonimmigrant Visa Application, is a fully integrated online application form that is used to collect the necessary application information from a person seeking a nonimmigrant visa for temporary travel to the United States.

    OFLC processes labor certification applications for employers seeking to bring foreign workers into the United States and grants certifications in those cases where employers can demonstrate that there are not sufficient U.S. workers available, willing and qualified to perform the work at wages that meet or exceed the prevailing wage paid for the occupation in the area of intended employment.

    Designated School Official is a school officer designated to work with students and act as a representative of USCIS/ICE in certain matters.

    Student and Exchange Visitor Information System www.ice.gov/sevis.

    SEVIS is an Internet-based system that maintains accurate and current information on non-immigrant students (F and M visa), exchange visitors (J visa), and their dependents (F-2, M-2, and J-2). SEVIS enables schools and program sponsors to transmit electronic information and event notifications via the Internet, to the ICE and Department of State (DOS) throughout a student or exchange visitor’s stay in the United States. The system will reflect international student or exchange visitor status changes, such as admission at Port of Entry (POE), change of address, change in program of study, and other details. SEVIS will also provide system alerts, event notifications, and basic reports to the end-user schools, programs, and Immigration related field offices.

    SEVP acts as the bridge for government organizations that have an interest in information on foreign students. SEVP helps the Department of Homeland Security and Department of State monitor school and exchange programs and F, M and J category visitors. SEVP administers the F and M visa categories, while the Department of State manages the J exchange visitor program.
    SEVP uses the Student and Exchange Visitor Information System (SEVIS), a web-based solution, to track and monitor schools and programs, students, exchange visitors and their dependents while approved to participate in the U.S. education system.
    SEVP collects, maintains and provides the information so that only legitimate foreign students or exchange visitors gain entry to the United States. The result is an easily accessible information system that provides timely information to the Department of State, U.S. Customs and Border Protection (CBP), U.S. Citizenship and Immigration Services (USCIS) and U. S. Immigration and Customs Enforcement (ICE).
    For more details, please visit the link, http://www.ice.gov/sevis/

    Introduction:

    VIBE is a web-based adjudication tool used by USCIS to validate basic information about companies petitioning to employ alien workers. VIBE uses commercially available data from an independent information provider (IIP) to validate basic information about companies petitioning to employ certain alien workers. Dun and Bradstreet (D&B) is the current IIP for this program.

    This service is available to US based, privately held companies only. It is free of charge, and petitioning employers may access this process via D&B’s iUpdate for U.S. government customers -- a free, password-protected and encrypted online service tool offered by D&B.

    Please note that USCIS does not expect or require petitioners to contact D&B or pay any fees associated with creating or updating an existing record. Employers who wish to update their information through D&B directly may be subject to direct marketing by the organization or encounter D&B representatives who may suggest a purchase of the firm’s products and services.

    Purpose of VIBE:

    The purpose behind VIBE is to increase the efficiency of the visa petitioning process by reducing the amount of documents employers have to submit with each petition in order to prove eligibility. Furthermore, USCIS will also be able to reduce the number of RFEs issued to otherwise eligible petitioners.

    An important point to note is that USCIS will not deny a petition based solely on information from VIBE without at least first giving the petitioner an opportunity to respond to the RFEs or NOIDs issued by USCIS.

    Please note that whether or not you choose to create a record or update your record with D&B, you must respond to any RFE or NOID received from USCIS. Failure to respond could result in the denial of your petition. Furthermore, it is necessary to resolve relevant inconsistencies in the information provided by the employer, on one hand, and information available on VIBE, on the other.

    Employment Authorization Document. This is evidence that a person is authorized to work in USA. People undergoing Adjustment of Status (AOS or I-485 process) are entitled to an EAD.

    Specific information related to our team and this site.

    Deferred Action is consent by the Government not to deport (remove) an otherwise deport-able individual. Usually it is given for humanitarian reasons and work authorization is also provided. Unlawful presence is stopped during deferred action, but any unlawful presence already accrued does not get wiped away. Deferred action is not a visa or a full legal status.

    Automatic Visa Revalidation - Definition from Travel.state.gov

    Re-entering the U.S. with a Valid I-94 Form & Expired Visa is Limited
    What Is Automatic Revalidation?

    The Department of Homeland Security (DHS) U.S. Customs and Border Protection (CBP) has the authority and the responsibility over the admission of travelers to the U.S. Under the automatic revalidation provision of immigration law, certain temporary visitors holding expired nonimmigrant visas who seek to return to the U.S. may be admitted at a U.S. port of entry by CBP, if they meet certain requirements, including, but not limited to the following:

    Nonimmigrants who departed the U.S. for brief travel to Canada, Mexico, or an adjacent island (for F and J nonimmigrants) for thirty days or less;
    Nonimmigrants with a valid (unexpired) Form I-94, Arrival-Departure Record, endorsed by DHS.

    More Information about Automatic Revalidation

    For more information about automatic revalidation provisions and reentry to the U.S., visit the International Visitors webpage and the Automatic Revalidation Fact Sheet on the CBP website. Students and Exchange Visitors should review additional important information about travel outside the U.S. and reentry procedures on the DHS Immigration and Customs Enforcement (ICE) website.

    Automatic revalidation is not the same as applying for a new visa. If you apply for a new nonimmigrant visa, you cannot take advantage of automatic revalidation.
    Who Must Reapply for and Be Reissued a Visa at a U.S. Embassy or Consulate?

    This webpage explains which travelers must reapply and be reissued visas when their existing visas have expired, even if they are in possession of valid I-94 forms, in order to gain admission to reenter the U.S.

    Many nonimmigrants will need to reapply and be reissued visas to reenter the U.S. when their existing visas have expired, even if they are in possession of valid I-94 forms, because automatic revalidation applies to limited categories of travelers. Refer to the Automatic Revalidation Fact Sheet on the CBP website. The following temporary visitors whose nonimmigrant visas have expired, but who have valid I-94 forms, must reapply for and be issued nonimmigrant visas prior to their reentry to the U.S., if one or more of the following situations exists (this is not a complete listing):

    The nonimmigrant traveler with an expired nonimmigrant visa (but valid Form I-94):

    Applied for a new visa which has not yet been issued;
    Applied for a new visa and was denied;
    Has been outside of the United States for more than thirty days;
    Has traveled to a country other than Canada, Mexico, or an adjacent island which is not included in the automatic revalidation provisions;
    Is a national of a State Sponsor of Terrorism designated country, including Cuba, Iran, Syria, and Sudan. Review more about State Sponsors of Terrorism and FAQs on this website;
    Is in possession of an F student visa or J exchange visitor visa and has traveled to Cuba;
    Is in possession of an M student visa and has traveled to a location outside the U.S., other than Canada and Mexico.

    Additional Resources – Laws

    The automatic revalidation provision of U.S. immigration law is described in both 8 CFR 214.1(b) and 22 CFR 112(d).
    We Want You to Know

    Visa News
    Adoption Alerts
    Diversity Visa
    Visa Waiver Program (VWP)
    Iraqis & Afghans-SIV
    Business Visa Center
    Customer Service Statement to Visa Applicants
    Fraud Warning

    Visa denial based upon immigrant intent defined in Section 214(b) of the Immigration and Nationality Act.

    Immigrant intent becomes an issue when an applicant outside or inside USA seeks a benefit (such as a visa, when outside USA, or a change of status, when within USA) that does not allow an applicant to possess the intention of residing permanently in USA ("immigrant intent"). For example, an applicant for a visitor's visa must not have the intention to reside in USA permanently. Their visa can be refused if they have immigrant intent.

    NOIR (Notice of Intent to Revoke) is a notice the government issues when it intends to revoke (cancel) approval of a case that it has already approved. This happens when the government notices that the case either should not have been approved initially or, subsequent to the approval, has become revocable. This notice gives us a last chance to present evidence and arguments why the government should not revoke the approval.

    NOID (Notice of Intent to Deny) is a notice the government issues when it intends to deny a pending case and gives us a last chance to present evidence and arguments why it should not be denied.

    NOID (Notice of Intent to Deny) is a notice the government issues when it intends to deny a case and gives us a last chance to present evidence and arguments why it should not be denied.

    NOIR (Notice of Intent to Revoke) is a notice the government issues when it plans to remove approval of a case that it has already approved. This happens when the government notices that the case either should not have been approved initially or, subsequent to the approval, has become revocable. This notice gives us a last chance to present evidence and arguments why the government should not revoke the approval.

    NOIR (Notice of Intent to Revoke) is a notice the government issues when it plans to remove approval of a case that it has already approved. This happens when the government notices that the case either should not have been approved initially or, subsequent to the approval, has become revocable. This notice gives us a last chance to present evidence and arguments why the government should not revoke the approval.

    NOID (Notice of Intent to Deny) is a notice the government issues when it intends to deny a case and gives us a last chance to present evidence and arguments why it should not be denied.

    Science, Technology, Engineering, and Math. The term often refers to the Designated Degree program requiring a degree in one of these fields of study. STEM programs, in recognition of their importance to US interests, are awarded special consideration in certain areas under US immigration laws.

    A Returning Resident Permit, or SB-1 Visa, is what a Legal Permanent Resident (LPR or Green Card holder) can get to return to the United States after being out of the country for more than one year. When an LPR leaves the United States, they must return within a year. If they stay more than a year, they must obtain a Returning Resident Permit in order to return. This also applies to those who remain outside of the country longer than is allowed by their reentry permit.
    You apply for a returning residence visa through the consulate in your home country. There, you have to explain in quite some detail the genuine reason for your inability to return to USA within one year. It is discretionary upon the consulate whether they are convinced by the genuineness of your response or not.
    For more information, see this State Department’s webpage: http://travel.state.gov/visa/immigrants/info/info_1333.html

    A Returning Resident Permit, or SB-1 Visa, is what a Legal Permanent Resident (LPR or Green Card holder) can get to return to the United States after being out of the country for more than one year. When an LPR leaves the United States, they must return within a year. If they stay more than a year, they must obtain a Returning Resident Permit in order to return. This also applies to those who remain outside of the country longer than is allowed by their reentry permit.
    You apply for a returning residence visa through the consulate in your home country. There, you have to explain in quite some detail the genuine reason for your inability to return to USA within one year. It is discretionary upon the consulate whether they are convinced by the genuineness of your response or not.
    For more information, see this State Department’s webpage: http://travel.state.gov/visa/immigrants/info/info_1333.html

    U.S. Legislature responsible for making laws. Consists of two houses: Senate and the House of Representatives.

    One of the two houses of U.S. Legislature responsible for making laws. The other is the House of Representatives.

    One of the two houses of U.S. Legislature responsible for making laws. The other is the Senate.

    Default Web Links group

  2. Friday, 28...
    Question:
    Answer:

    This question is raised often and debated much amongst lawyers focusing their practice on employment-based immigration.  I have a call scheduled with a corporate client who is considering the legality of accepting a volunteer in their for-profit IT business.

    I intend to inform them that under US immigration laws, if the work is performed for NO remuneration or other benefits, it would not violate the law. This issue has been explored in my blog entry here.

    The problem, however, is that the Fair Labor Standards Act (Federal Law) does not permit for-profit employers to hire unpaid "interns" or "volunteers." See this link for FLSA standards according to US Department of Labor. There has been considerable litigation on this issue with employers on the losing side. So, please consult your employment law counsel before deciding on retaining the services of unpaid employees.

    This content is tagged for employers and Human Resources professionals responsible for hiring foreign professionals/workers in USA

    US Department of Labor is charged with protecting the labor market and investigation and enforcement activities related to that.

    Immigration and Custom Enforcement. This agency used to be a part of old INS. When DHS was formed, enforcement personnel of US Customs Service and INS were combined to form ICE, which is now responsible for a large part of immigration enforcement activity.

    Department of State (State Department) is responsible for issuing visas, which are a permission to travel to USA.

    A method to obtain green card used to avoid the need for PERM based labor certification.

    Customs and Border Protection. This agency was spun off from old INS. CBP is responsible for inspecting people when they land at airports, docks and land borders.

    To qualify for an A-1 (or A-2 visa), you must be traveling to the United States on behalf of your national government to engage solely in official activities for that government.  The fact that there may be government interest or control in a given organization is not in itself the defining factor in determining if you qualify for an A visa; the particular duties or services that will be performed must be governmental in character or nature, as determined by the United States Department of State, in accordance with U.S. immigration laws. Government officials traveling to the United States to perform non-governmental functions of a commercial nature, or traveling as tourists, require some other appropriate visa, and do not qualify for A visas.

    To qualify for an A-2 (or A-1 visa), you must be traveling to the United States on behalf of your national government to engage solely in official activities for that government. The fact that there may be government interest or control in a given organization is not in itself the defining factor in determining if you qualify for an A visa; the particular duties or services that will be performed must be governmental in character or nature, as determined by the United States Department of State, in accordance with U.S. immigration laws. Government officials traveling to the United States to perform non-governmental functions of a commercial nature, or traveling as tourists, require some other appropriate visa, and do not qualify for A visas.

    Consulates all over the world issue visas - a permission to enter USA for a specific purpose. Consulates are a part of the State Department (DOS - Department of State).

    Bangladesh Immigration

    Indonesia Immigration

    I-94 aka Arrival Departure Record is what governs your status in the USA. An expired I-94 can lead to bar from entering USA for 3 to 10 years.See details on "Unlawful Presence".

    When used in relation to immigration, this is another name for being LEGALLY present in the USA

    This is a complicated term. Very simply (there is a lot more to it), you could have your status expire and still be authorized to stay in USA awaiting the outcome of a legally filed petition. This is something less than "Status" but much better than "Unlawful Presence."

    This is another complicated concept with some very serious consequences. Briefly, if you have been unlawfully present in USA for more than 180 days, you cannot come back to USA for 3 years and if unlawfully present for a year or more, you cannot come back for 10 years. Very generally speaking unlawful presence begins after expiration of the I-94 or after having been asked by the govt. to leave USA.

    These are topics related to appeals and motions for reconsideration or reopening of decisions (MTR) by govt. agencies such as USCIS, USDOL, etc.

    These are topics related to appeals and motions for reconsideration or reopening of decisions (MTR) by govt. agencies such as USCIS, USDOL, etc.

    Adjustment of Status

    Includes topics of loss of physical green card papers or the card itself as well as loss of green card through abandonment and criminal activity.

    When used in relation to immigration, this is another name for extending your status.

    Employees working in USA

    Personal employees, attendants and servants of A-1 and A-2 visa holders.

    EB4 category is for religious workers.

    “Priority Date” determines your place in the queue for waiting for green card in the categories where there is a wait. When the govt. has reached your PD, it is said to be “current.” For family-based green cards, PD is the date your I-130 was filed; for PERM-based cases, the date your PERM was filed; for employment-based cases other than through PERM (like EB-1 cases), PD is the date your I-140 was filed. DOS publishes the movement of the PD queue every month in the Visa Bulletin: http://www.immigration.com/visa-bulletin

    A publication of the US State Department that keeps track of the green card backlogs and informs us which "Priority Dates" are current so the applicants can expect to get through the last step of their green card processing. This is published every month around the 14th and tells us the availability for the following month. Note that certain categories of applicants ("immediate relatives") such as spouse of a US citizen are not shown in the visa bulletin because they are entitled to have their applications considered without any wait.

    Bureau of Citizenship and Immigration Services (now USCIS)

    Central Intelligence Agency

    Department of Homeland Security

    Department of Justice

    Federal Bureau of Investigation

    Immigration and Naturalization Service (now reconstituted into USCIS)

    Internal Revenue Service

    Office of Management and Budget

    Social Security Administration

    U.S. Citizenship and Immigration Services. Earlier known as INS. USCIS is responsible for providing immigration benefits to applicants. Homepage http://wwww.uscis.gov

    American Competitiveness and Workforce Improvement Act of 1998.

    Approval Date (When your application was approved)

    Alien Documentation, Identification & Telecommunications System

    Assistant Field Office Director

    Abbreviation for American Immigration Lawyers Association.

    Adjudications Officer

    Administrative Review

    Application Support Center: offers biometric services including fingerprinting services

    Birth Certificate

    Bureau of Citizenship and Immigration Services (now USCIS)

    Board of Immigrant Appeals

    Biometrics (include Digital photo, index finger print and your digital signature). This is needed for the production of Green Card.

    Customs and Border Protection

    Central Intelligence Agency

    Citizenship and Immigration Services

    Consulate Officer

    Consular Processing

    Conditional Permanent Resident

    Curricular Practical Training

    Central Regional Office

    California Service Center

    Cancelled Without Prejudice

    Deputy Field Office Director

    Department of Homeland Security

    Drivers License

    Department of Motor Vehicles

    Department of Justice

    Department of Labor

    Dallas Office Rapid Adjustment of Status

    Department of State

    Detention and Removal Operations

    Diversity Visa (a.k.a. Green Card Lottery)

    Eastern Application Center

    Employment Authorization Document (I-765, approval to work while waiting for Adjustment of Status - AOS Approval)

    Electronic Data Systems

    Executive Office of Immigration Review

    Expedited Removal

    Eastern Regional Office

    Entered Without Inspection

    Foreign Affairs Manual

    Federal Bureau of Investigation

    Field Office Director

    Finger Print

    File Transfer Request

    Green Card

    Immigration Judge

    International Marriage Brokers Act

    Immigration and Nationality Act

    Is an online appointment so you can go to your DO if you have a doubt or want to know something about your case in person or to request your interim EAD

    Immigration and Naturalization Service (now called USCIS)

    Immigration officer / Interviewing officer

    Immigration Reform and Control Act of 1986

    Internal Revenue Service

    Internet Service Provider

    Immigrant Visa

    Immigrant Visa Applicant Control System

    John F. Kennedy International Airport

    Kentucky Consular Center

    Labor Condition Application

    Lawful Permanent Resident

    Lawful Permanent Resident Alien

    Last Update Date on your on-line portfolio at USCIS website. It is the date when they last took action on your application, could be anything.

    Machine Readable Data

    Machine Readable Passport

    Machine Readable Visa

    Missouri Service Center

    Notice Date (When USCIS notified you that they received your application)

    National Data Entry Center

    Non Immigrant Visa

    Notice of Action is your receipt/letter that you received after you filed your forms (indicates I-797C)

    Notice of Proposed Rule Making

    Notice To Appear

    Nebraska Service Center

    National Visa Center

    New York District Office

    Office of Management and Budget

    Optional Practical Training

    Other Than Mexican

    Police Clearance Certificate

    Priority Date

    Port of Entry

    Permanent Resident (Also LPR - Legal Permanent Resident)

    Quality Assurance

    Receipt Date (When USCIS received your application)

    Remote Adjudications Center

    Request for Evidence

    Request for Initial Evidence

    Service Center (this is used with a prefix, eg CSC - California Service Center; MSC - Missouri Service Center, that is the address from where you will received your NOA (Notice of Action))

    Supervisory Detention & Deportation Officer

    Student Exchange Visitor Information System

    Student and Exchange Visitor Program

    Social Security Administration

    Social Security Number

    State Workforce Agency

    When the UCSIS "Touches" your petition or file it means that an action was taken which required your file to be physically touched or moved. Example: Your file is touched when it is given to an adjudicator to process.

    Temporary Protected Status

    Texas Service Center

    Transit Without Visa

    US Citizen

    U.S. Citizenship and Immigration Services

    System in airports that captures biometrics of people entering the country

    Voluntary Return

    Vermont Service Center

    Visa Waiver Program

    Western Application Center

    Western Regional Office

    Alien's Change of Address Form

    NAFTA Professional visa

    NAFTA Professional Dependant visa

    Pre-Flight Inspection

    PERM Processing: Program Electronic Review Management

    Individual Taxpayer Identification Number

    Interim EAD

    Application to Replace Permanent Residence Card

    Employment Eligibility Verification

    Affidavit of Support

    Application for Employment Authorization

    Green Card

    Application To Register Permanent Residence or Adjust Status

    Welcome Notice

    Immigrant Petition for Alien Worker

    Affidavit of Support

    Application for Travel Document

    Advance Parole or AP (Form I-131): The authorization to travel outside the US while your adjustment of status is pending. Note, Form I-131 is also used for Reentry Permit, an application by a US green card holder to be away from USA for over one year.

    Administrative Appeals Office

    Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student’s major area of study. Under the prior rules, an F-1 student could be authorized to receive up to a total of 12 months of practical training either before (pre-) and/or after (post-) completion of studies.

    This is an abbreviation for test_term and can be deleted

    AC21 is the name given to a law that provides for several matters including the ability to change jobs while an employment-based green card is pending (I-485 AC21 portability) and to start working for an H-1B employer as soon as transfer petition is filed with the USCIS.

    AC21 is the name given to a law that provides for several matters including the ability to change jobs while an employment-based green card is pending (I-485 AC21 portability) and to start working for an H-1B employer as soon as transfer petition is filed with the USCIS.

    American Immigration Lawyers Association

    Bureau of Educational and Cultural Affairs

    The process though which a person within USA obtains a change in their status to green card holder. This is usually the last step for (most not all) green card process.

    Includes Zoologists, Botanists

    Includes occupations in biochemistry, cytology, genetics, physiology

    Fashion Models

    Hotel management and related professions

    An alternative to obtaining the last step in the green card through the consulates outside USA. This is an alternative to adjustment of status.

    DOD (Department of Defense) project visas.

    Includes CPA's CA's and all other accountants and auditors

    Violence Against Women Act

    Child Status Protection Act

    Labor Condition Application. This is a part of some nonimmigrant visa applications process including H-1 visas. Not to be confused with "Labor Certification" also known as PERM, which is a part of the green card process. An LCA, or Labor Condition Application, is required to be submitted to and certified by the U.S. Department of Labor as a part of an H-1B application. The LCA serves to ensure that U.S. wages will not be depressed by the hiring of the H-1B employee and that the H-1B worker will not be exploited. In the LCA, the employer guarantees that it will pay the H-1B worker the required wage, which is the greater of the prevailing wage or the actual wage paid to other employees in the same position; that the H-1B employee will not displace a U.S. worker; and that the employment will not adversely affect the working conditions of workers similarly employed in the area of intended employment.

    Also known as CIS Ombudsman, this office provides recommendations for resolving individual and employer problems with the USCIS. As mandated by the Homeland Security Act of 2002 § 452, CIS Ombudsman is an independent office that reports directly to the Deputy Secretary of Homeland Security. http://www.dhs.gov/xabout/structure/editorial_0482.shtm

    PERM audits typically involve questions from the USDOL regarding the PERM filing.

    Used mostly in the context of the last step in green card processing (Adjustment of Status), preadjudication means USCIS is proceeding to make decision on the file even though priority date is not yet current. The idea is that way when the PD gets current, all they need to do is send approval notice and then the green card. So if the AOS is preadjudicated, you still need to wait for the PD to become current.

    Petition for a conditional resident who obtained status through marriage to apply to remove the conditions on his or her residence.

    Vermont Service Center

    California Service Center

    Nebraska Service Center

    Texas Service Center

    Office of the Chief Administrative Hearing Officer (OCAHO) is one of the three adjudicative bodies within the Executive Office for Immigration Review (EOIR). It has jurisdiction over three types of civil penalty cases: employer sanctions (INA § 274A - 8 USC § 1324a), unfair immigration-related employment practices (INA § 274B - 8 USC § 1324b), and immigration-related document fraud (INA § 274C - 8 USC § 1324c).

    Board of Alien Labor Certification Appeals is an adjudicative agency that decides in appeal PERM and wage disputes.

    Certifying Officer is the highest Department of Labor officer for a region. They are charged, amongst other things, with the responsibility to adjudicate PERM and LCA cases.

    Fraud Detection and National Security. FDNS was created to strengthen the ability of the U.S. Citizenship and
    Immigration Services (USCIS) to provide the right benefit to the right person at the right time, and no benefit to the wrong person.

    Citizenship in USA can be obtained through naturalization or through birth in USA.

    The process through which a person becomes a US Citizen.

    N-470 helps you preserve your stay abroad for naturalization under certain circumstances. So, even though you are living outside USA, you can accumulate that time for naturalization.

    Electronic System for Travel Authorization

    Congressional Research Service. A "think tank" that provides reports to members of Congress on a variety of topics relevant to current political events.

    Missouri Service Center (MSC) was transitioned into the National Benefits Center (NBC). The NBC was established to serve as the hub and conduit for USCIS local field offices by completing all pre-interview processing of Forms generally requiring an interview. This pre-processing includes conducting background security checks, performing initial evidence reviews, adjudication of associated I-765 and I-131 applications (filed with the I-485 or separately), denial of adjustment of status cases for applicants who are statutorily ineligible, and forwarding scheduled cases to the USCIS local office for adjudication. In employment based cases, transfer to NBC usually means an interview can be expected. This can occur even if PD is retrogressed.

    Online Form DS-160, Nonimmigrant Visa Electronic Application can only be used by visa applicants applying at a U.S. Embassy or Consulate which has converted to the new electronic fully online form and process. For more information visit travel.state.gov DS-160 informational webpage for a listing of embassy locations using Form DS-160. Next, visit one of the U.S. Embassy websites using the Form DS-160 and where you will apply, to review detailed nonimmigrant visa how-to-apply instructions, in addition to these FAQs.

    1. Where can I find the DS-160?
    You can access the DS-160 from the Consular Electronic Application Center website or from the link on the U.S. Embassy or Consulate website.

    The mission of the Employment and Training Administration is to contribute to the more efficient functioning of the U.S. labor market by providing high quality job training, employment, labor market information, and income maintenance services primarily through state and local workforce development systems.

    A form issued by school for applicants to obtain a Student Visa.

    A form issued by school or sponsor for applicants to obtain a J Visa.

    United Kingdom

    Cyprus Immigration

    Japan

    France

    Germany

    Ireland

    Kuwait Immigration

    Saudi Arabia Immigration

    United Arab Emirates Immigration

    Singapore Immigration

    Chile Immigration

    China Immigration new

    Egypt Immigration

    France Immigration

    Malaysia Immigration

    Maldives Immigration

    Malta Immigration

    Mauritius Immigration

    Nepal Immigration

    Norway Immigration

    New Zealand Immigration

    Romania Immigration

    South Africa Immigration

    South Korea Immigration

    Sweden Immigration

    Switzerland immigration

    Trinidad immigration

    In April of 1994, the Department of State opened a permanent Immigrant Visa processing facility at the National Visa Center (NVC) in Portsmouth, NH. The NVC processes all approved immigrant visa petitions after they are received from Citizenship and Immigration Services in the Department of Homeland Security (CIS) and retains them until the cases are ready for adjudication by a consular officer abroad.

    Every month, the Visa Office (VO) establishes Qualifying Dates that determine if a petition will be eligible for processing. Qualifying Dates are the latest priority dates that can be processed for certain visa categories. An immigrant visa petition can only become ready for further processing when the Qualifying Date in the appropriate visa category has advanced up to the priority date of the petition. Petitions may remain at NVC for several months or for many years depending on the visa category and country of birth of the visa applicant.

    NVC’s Role

    The NVC is responsible for the collection of visa application fees and visa application documentation. When an applicant's priority date meets the most recent Qualifying Date, the NVC will contact the applicant and petitioner with instructions for submitting the appropriate processing fees. After the appropriate processing fees are paid, the NVC will again contact the applicant and petitioner to request that the necessary immigrant visa documentation be submitted to the NVC.

    The U.S. Department of State's official site for U.S. visa information

    InfoPass is an Internet-based system that enables the public to go online to schedule appointments with immigration information officers at U.S. Citizenship and Immigration Services (USCIS) offices. If you have a complex immigration question or need that is best addressed by a trained USCIS officer in person, InfoPass offers a convenient alternative to waiting in line for assistance. InfoPass is a secure Internet site.

    8 C.F.R. ง 214.3(l)(1)(ii):

    (l) Designated official.

    (1) Meaning of term Designated Official. As used in งง 214.1(b), 214.2(b),
    214.2(f), 214.2(m), and 214.4, a Designated Official, Designated School
    Official (DSO), or Principal Designated School Official (PDSO), means a
    regularly employed member of the school administration whose office is
    located at the school and whose compensation does not come from commissions
    for recruitment of foreign students. An individual whose principal
    obligation to the school is to recruit foreign students for compensation
    does not qualify as a designated official. The PDSO and any other DSO must
    be named by the president, owner, or head of a school or school system. The
    PDSO and DSO may not delegate this designation to any other person.

    (i) A PDSO and DSO must be either a citizen or lawful permanent resident of
    the United States.

    (ii) Each campus must have one PDSO. The PDSO is responsible for updating
    SEVIS to reflect the addition or deletion of any DSO on his or her
    associated campus. SEVP will use the PDSO as the point of contact on any
    issues that relate to the school's compliance with the regulations, as well
    as any system alerts generated by SEVIS. SEVP may also designate certain
    functions in SEVIS for use by the PDSO only. The PDSO of the main campus is
    the only DSO authorized to submit a Form I-17 for recertification. The PDSO
    and DSO will share the same responsibilities in all other respects.

    (iii) Each school may have up to 10 designated officials at any one time,
    including the PDSO. In a multi-campus school, each campus may have up to 10
    designated officials at any one time including a required PDSO. In a private
    elementary or public or private secondary school system, however, the entire
    school system is limited to 10 designated officials at any one time
    including the PDSO.

    The DS-160, Online Nonimmigrant Visa Application, is a fully integrated online application form that is used to collect the necessary application information from a person seeking a nonimmigrant visa for temporary travel to the United States.

    OFLC processes labor certification applications for employers seeking to bring foreign workers into the United States and grants certifications in those cases where employers can demonstrate that there are not sufficient U.S. workers available, willing and qualified to perform the work at wages that meet or exceed the prevailing wage paid for the occupation in the area of intended employment.

    Designated School Official is a school officer designated to work with students and act as a representative of USCIS/ICE in certain matters.

    Student and Exchange Visitor Information System www.ice.gov/sevis.

    SEVIS is an Internet-based system that maintains accurate and current information on non-immigrant students (F and M visa), exchange visitors (J visa), and their dependents (F-2, M-2, and J-2). SEVIS enables schools and program sponsors to transmit electronic information and event notifications via the Internet, to the ICE and Department of State (DOS) throughout a student or exchange visitor’s stay in the United States. The system will reflect international student or exchange visitor status changes, such as admission at Port of Entry (POE), change of address, change in program of study, and other details. SEVIS will also provide system alerts, event notifications, and basic reports to the end-user schools, programs, and Immigration related field offices.

    SEVP acts as the bridge for government organizations that have an interest in information on foreign students. SEVP helps the Department of Homeland Security and Department of State monitor school and exchange programs and F, M and J category visitors. SEVP administers the F and M visa categories, while the Department of State manages the J exchange visitor program.
    SEVP uses the Student and Exchange Visitor Information System (SEVIS), a web-based solution, to track and monitor schools and programs, students, exchange visitors and their dependents while approved to participate in the U.S. education system.
    SEVP collects, maintains and provides the information so that only legitimate foreign students or exchange visitors gain entry to the United States. The result is an easily accessible information system that provides timely information to the Department of State, U.S. Customs and Border Protection (CBP), U.S. Citizenship and Immigration Services (USCIS) and U. S. Immigration and Customs Enforcement (ICE).
    For more details, please visit the link, http://www.ice.gov/sevis/

    Introduction:

    VIBE is a web-based adjudication tool used by USCIS to validate basic information about companies petitioning to employ alien workers. VIBE uses commercially available data from an independent information provider (IIP) to validate basic information about companies petitioning to employ certain alien workers. Dun and Bradstreet (D&B) is the current IIP for this program.

    This service is available to US based, privately held companies only. It is free of charge, and petitioning employers may access this process via D&B’s iUpdate for U.S. government customers -- a free, password-protected and encrypted online service tool offered by D&B.

    Please note that USCIS does not expect or require petitioners to contact D&B or pay any fees associated with creating or updating an existing record. Employers who wish to update their information through D&B directly may be subject to direct marketing by the organization or encounter D&B representatives who may suggest a purchase of the firm’s products and services.

    Purpose of VIBE:

    The purpose behind VIBE is to increase the efficiency of the visa petitioning process by reducing the amount of documents employers have to submit with each petition in order to prove eligibility. Furthermore, USCIS will also be able to reduce the number of RFEs issued to otherwise eligible petitioners.

    An important point to note is that USCIS will not deny a petition based solely on information from VIBE without at least first giving the petitioner an opportunity to respond to the RFEs or NOIDs issued by USCIS.

    Please note that whether or not you choose to create a record or update your record with D&B, you must respond to any RFE or NOID received from USCIS. Failure to respond could result in the denial of your petition. Furthermore, it is necessary to resolve relevant inconsistencies in the information provided by the employer, on one hand, and information available on VIBE, on the other.

    Employment Authorization Document. This is evidence that a person is authorized to work in USA. People undergoing Adjustment of Status (AOS or I-485 process) are entitled to an EAD.

    Specific information related to our team and this site.

    Deferred Action is consent by the Government not to deport (remove) an otherwise deport-able individual. Usually it is given for humanitarian reasons and work authorization is also provided. Unlawful presence is stopped during deferred action, but any unlawful presence already accrued does not get wiped away. Deferred action is not a visa or a full legal status.

    Automatic Visa Revalidation - Definition from Travel.state.gov

    Re-entering the U.S. with a Valid I-94 Form & Expired Visa is Limited
    What Is Automatic Revalidation?

    The Department of Homeland Security (DHS) U.S. Customs and Border Protection (CBP) has the authority and the responsibility over the admission of travelers to the U.S. Under the automatic revalidation provision of immigration law, certain temporary visitors holding expired nonimmigrant visas who seek to return to the U.S. may be admitted at a U.S. port of entry by CBP, if they meet certain requirements, including, but not limited to the following:

    Nonimmigrants who departed the U.S. for brief travel to Canada, Mexico, or an adjacent island (for F and J nonimmigrants) for thirty days or less;
    Nonimmigrants with a valid (unexpired) Form I-94, Arrival-Departure Record, endorsed by DHS.

    More Information about Automatic Revalidation

    For more information about automatic revalidation provisions and reentry to the U.S., visit the International Visitors webpage and the Automatic Revalidation Fact Sheet on the CBP website. Students and Exchange Visitors should review additional important information about travel outside the U.S. and reentry procedures on the DHS Immigration and Customs Enforcement (ICE) website.

    Automatic revalidation is not the same as applying for a new visa. If you apply for a new nonimmigrant visa, you cannot take advantage of automatic revalidation.
    Who Must Reapply for and Be Reissued a Visa at a U.S. Embassy or Consulate?

    This webpage explains which travelers must reapply and be reissued visas when their existing visas have expired, even if they are in possession of valid I-94 forms, in order to gain admission to reenter the U.S.

    Many nonimmigrants will need to reapply and be reissued visas to reenter the U.S. when their existing visas have expired, even if they are in possession of valid I-94 forms, because automatic revalidation applies to limited categories of travelers. Refer to the Automatic Revalidation Fact Sheet on the CBP website. The following temporary visitors whose nonimmigrant visas have expired, but who have valid I-94 forms, must reapply for and be issued nonimmigrant visas prior to their reentry to the U.S., if one or more of the following situations exists (this is not a complete listing):

    The nonimmigrant traveler with an expired nonimmigrant visa (but valid Form I-94):

    Applied for a new visa which has not yet been issued;
    Applied for a new visa and was denied;
    Has been outside of the United States for more than thirty days;
    Has traveled to a country other than Canada, Mexico, or an adjacent island which is not included in the automatic revalidation provisions;
    Is a national of a State Sponsor of Terrorism designated country, including Cuba, Iran, Syria, and Sudan. Review more about State Sponsors of Terrorism and FAQs on this website;
    Is in possession of an F student visa or J exchange visitor visa and has traveled to Cuba;
    Is in possession of an M student visa and has traveled to a location outside the U.S., other than Canada and Mexico.

    Additional Resources – Laws

    The automatic revalidation provision of U.S. immigration law is described in both 8 CFR 214.1(b) and 22 CFR 112(d).
    We Want You to Know

    Visa News
    Adoption Alerts
    Diversity Visa
    Visa Waiver Program (VWP)
    Iraqis & Afghans-SIV
    Business Visa Center
    Customer Service Statement to Visa Applicants
    Fraud Warning

    Visa denial based upon immigrant intent defined in Section 214(b) of the Immigration and Nationality Act.

    Immigrant intent becomes an issue when an applicant outside or inside USA seeks a benefit (such as a visa, when outside USA, or a change of status, when within USA) that does not allow an applicant to possess the intention of residing permanently in USA ("immigrant intent"). For example, an applicant for a visitor's visa must not have the intention to reside in USA permanently. Their visa can be refused if they have immigrant intent.

    NOIR (Notice of Intent to Revoke) is a notice the government issues when it intends to revoke (cancel) approval of a case that it has already approved. This happens when the government notices that the case either should not have been approved initially or, subsequent to the approval, has become revocable. This notice gives us a last chance to present evidence and arguments why the government should not revoke the approval.

    NOID (Notice of Intent to Deny) is a notice the government issues when it intends to deny a pending case and gives us a last chance to present evidence and arguments why it should not be denied.

    NOID (Notice of Intent to Deny) is a notice the government issues when it intends to deny a case and gives us a last chance to present evidence and arguments why it should not be denied.

    NOIR (Notice of Intent to Revoke) is a notice the government issues when it plans to remove approval of a case that it has already approved. This happens when the government notices that the case either should not have been approved initially or, subsequent to the approval, has become revocable. This notice gives us a last chance to present evidence and arguments why the government should not revoke the approval.

    NOIR (Notice of Intent to Revoke) is a notice the government issues when it plans to remove approval of a case that it has already approved. This happens when the government notices that the case either should not have been approved initially or, subsequent to the approval, has become revocable. This notice gives us a last chance to present evidence and arguments why the government should not revoke the approval.

    NOID (Notice of Intent to Deny) is a notice the government issues when it intends to deny a case and gives us a last chance to present evidence and arguments why it should not be denied.

    Science, Technology, Engineering, and Math. The term often refers to the Designated Degree program requiring a degree in one of these fields of study. STEM programs, in recognition of their importance to US interests, are awarded special consideration in certain areas under US immigration laws.

    A Returning Resident Permit, or SB-1 Visa, is what a Legal Permanent Resident (LPR or Green Card holder) can get to return to the United States after being out of the country for more than one year. When an LPR leaves the United States, they must return within a year. If they stay more than a year, they must obtain a Returning Resident Permit in order to return. This also applies to those who remain outside of the country longer than is allowed by their reentry permit.
    You apply for a returning residence visa through the consulate in your home country. There, you have to explain in quite some detail the genuine reason for your inability to return to USA within one year. It is discretionary upon the consulate whether they are convinced by the genuineness of your response or not.
    For more information, see this State Department’s webpage: http://travel.state.gov/visa/immigrants/info/info_1333.html

    A Returning Resident Permit, or SB-1 Visa, is what a Legal Permanent Resident (LPR or Green Card holder) can get to return to the United States after being out of the country for more than one year. When an LPR leaves the United States, they must return within a year. If they stay more than a year, they must obtain a Returning Resident Permit in order to return. This also applies to those who remain outside of the country longer than is allowed by their reentry permit.
    You apply for a returning residence visa through the consulate in your home country. There, you have to explain in quite some detail the genuine reason for your inability to return to USA within one year. It is discretionary upon the consulate whether they are convinced by the genuineness of your response or not.
    For more information, see this State Department’s webpage: http://travel.state.gov/visa/immigrants/info/info_1333.html

    U.S. Legislature responsible for making laws. Consists of two houses: Senate and the House of Representatives.

    One of the two houses of U.S. Legislature responsible for making laws. The other is the House of Representatives.

    One of the two houses of U.S. Legislature responsible for making laws. The other is the Senate.

    Default Web Links group

  3. Wednesday,...
    Question: Approved I-140 having PD December 2012 with company A. Currently on 6 year H-1B. Will be transferred to company B. I guess I will be getting three year extension with approved I-140. Can I retain old PD once GC process is started by company B, even if company A withdraw I-140 ?.
    Answer:

    Employees retain PD even if the old employer withdraws the approved I-140. PD is lost only if USCIS revokes I-140 for fraud/misrepresentation. Do remember, however, there is no right to H-1 extensions based upon a withdrawn I-140. 

    This content is tagged for employers and Human Resources professionals responsible for hiring foreign professionals/workers in USA

    US Department of Labor is charged with protecting the labor market and investigation and enforcement activities related to that.

    Immigration and Custom Enforcement. This agency used to be a part of old INS. When DHS was formed, enforcement personnel of US Customs Service and INS were combined to form ICE, which is now responsible for a large part of immigration enforcement activity.

    Department of State (State Department) is responsible for issuing visas, which are a permission to travel to USA.

    A method to obtain green card used to avoid the need for PERM based labor certification.

    Customs and Border Protection. This agency was spun off from old INS. CBP is responsible for inspecting people when they land at airports, docks and land borders.

    To qualify for an A-1 (or A-2 visa), you must be traveling to the United States on behalf of your national government to engage solely in official activities for that government.  The fact that there may be government interest or control in a given organization is not in itself the defining factor in determining if you qualify for an A visa; the particular duties or services that will be performed must be governmental in character or nature, as determined by the United States Department of State, in accordance with U.S. immigration laws. Government officials traveling to the United States to perform non-governmental functions of a commercial nature, or traveling as tourists, require some other appropriate visa, and do not qualify for A visas.

    To qualify for an A-2 (or A-1 visa), you must be traveling to the United States on behalf of your national government to engage solely in official activities for that government. The fact that there may be government interest or control in a given organization is not in itself the defining factor in determining if you qualify for an A visa; the particular duties or services that will be performed must be governmental in character or nature, as determined by the United States Department of State, in accordance with U.S. immigration laws. Government officials traveling to the United States to perform non-governmental functions of a commercial nature, or traveling as tourists, require some other appropriate visa, and do not qualify for A visas.

    Consulates all over the world issue visas - a permission to enter USA for a specific purpose. Consulates are a part of the State Department (DOS - Department of State).

    Bangladesh Immigration

    Indonesia Immigration

    I-94 aka Arrival Departure Record is what governs your status in the USA. An expired I-94 can lead to bar from entering USA for 3 to 10 years.See details on "Unlawful Presence".

    When used in relation to immigration, this is another name for being LEGALLY present in the USA

    This is a complicated term. Very simply (there is a lot more to it), you could have your status expire and still be authorized to stay in USA awaiting the outcome of a legally filed petition. This is something less than "Status" but much better than "Unlawful Presence."

    This is another complicated concept with some very serious consequences. Briefly, if you have been unlawfully present in USA for more than 180 days, you cannot come back to USA for 3 years and if unlawfully present for a year or more, you cannot come back for 10 years. Very generally speaking unlawful presence begins after expiration of the I-94 or after having been asked by the govt. to leave USA.

    These are topics related to appeals and motions for reconsideration or reopening of decisions (MTR) by govt. agencies such as USCIS, USDOL, etc.

    These are topics related to appeals and motions for reconsideration or reopening of decisions (MTR) by govt. agencies such as USCIS, USDOL, etc.

    Adjustment of Status

    Includes topics of loss of physical green card papers or the card itself as well as loss of green card through abandonment and criminal activity.

    When used in relation to immigration, this is another name for extending your status.

    Employees working in USA

    Personal employees, attendants and servants of A-1 and A-2 visa holders.

    EB4 category is for religious workers.

    “Priority Date” determines your place in the queue for waiting for green card in the categories where there is a wait. When the govt. has reached your PD, it is said to be “current.” For family-based green cards, PD is the date your I-130 was filed; for PERM-based cases, the date your PERM was filed; for employment-based cases other than through PERM (like EB-1 cases), PD is the date your I-140 was filed. DOS publishes the movement of the PD queue every month in the Visa Bulletin: http://www.immigration.com/visa-bulletin

    A publication of the US State Department that keeps track of the green card backlogs and informs us which "Priority Dates" are current so the applicants can expect to get through the last step of their green card processing. This is published every month around the 14th and tells us the availability for the following month. Note that certain categories of applicants ("immediate relatives") such as spouse of a US citizen are not shown in the visa bulletin because they are entitled to have their applications considered without any wait.

    Bureau of Citizenship and Immigration Services (now USCIS)

    Central Intelligence Agency

    Department of Homeland Security

    Department of Justice

    Federal Bureau of Investigation

    Immigration and Naturalization Service (now reconstituted into USCIS)

    Internal Revenue Service

    Office of Management and Budget

    Social Security Administration

    U.S. Citizenship and Immigration Services. Earlier known as INS. USCIS is responsible for providing immigration benefits to applicants. Homepage http://wwww.uscis.gov

    American Competitiveness and Workforce Improvement Act of 1998.

    Approval Date (When your application was approved)

    Alien Documentation, Identification & Telecommunications System

    Assistant Field Office Director

    Abbreviation for American Immigration Lawyers Association.

    Adjudications Officer

    Administrative Review

    Application Support Center: offers biometric services including fingerprinting services

    Birth Certificate

    Bureau of Citizenship and Immigration Services (now USCIS)

    Board of Immigrant Appeals

    Biometrics (include Digital photo, index finger print and your digital signature). This is needed for the production of Green Card.

    Customs and Border Protection

    Central Intelligence Agency

    Citizenship and Immigration Services

    Consulate Officer

    Consular Processing

    Conditional Permanent Resident

    Curricular Practical Training

    Central Regional Office

    California Service Center

    Cancelled Without Prejudice

    Deputy Field Office Director

    Department of Homeland Security

    Drivers License

    Department of Motor Vehicles

    Department of Justice

    Department of Labor

    Dallas Office Rapid Adjustment of Status

    Department of State

    Detention and Removal Operations

    Diversity Visa (a.k.a. Green Card Lottery)

    Eastern Application Center

    Employment Authorization Document (I-765, approval to work while waiting for Adjustment of Status - AOS Approval)

    Electronic Data Systems

    Executive Office of Immigration Review

    Expedited Removal

    Eastern Regional Office

    Entered Without Inspection

    Foreign Affairs Manual

    Federal Bureau of Investigation

    Field Office Director

    Finger Print

    File Transfer Request

    Green Card

    Immigration Judge

    International Marriage Brokers Act

    Immigration and Nationality Act

    Is an online appointment so you can go to your DO if you have a doubt or want to know something about your case in person or to request your interim EAD

    Immigration and Naturalization Service (now called USCIS)

    Immigration officer / Interviewing officer

    Immigration Reform and Control Act of 1986

    Internal Revenue Service

    Internet Service Provider

    Immigrant Visa

    Immigrant Visa Applicant Control System

    John F. Kennedy International Airport

    Kentucky Consular Center

    Labor Condition Application

    Lawful Permanent Resident

    Lawful Permanent Resident Alien

    Last Update Date on your on-line portfolio at USCIS website. It is the date when they last took action on your application, could be anything.

    Machine Readable Data

    Machine Readable Passport

    Machine Readable Visa

    Missouri Service Center

    Notice Date (When USCIS notified you that they received your application)

    National Data Entry Center

    Non Immigrant Visa

    Notice of Action is your receipt/letter that you received after you filed your forms (indicates I-797C)

    Notice of Proposed Rule Making

    Notice To Appear

    Nebraska Service Center

    National Visa Center

    New York District Office

    Office of Management and Budget

    Optional Practical Training

    Other Than Mexican

    Police Clearance Certificate

    Priority Date

    Port of Entry

    Permanent Resident (Also LPR - Legal Permanent Resident)

    Quality Assurance

    Receipt Date (When USCIS received your application)

    Remote Adjudications Center

    Request for Evidence

    Request for Initial Evidence

    Service Center (this is used with a prefix, eg CSC - California Service Center; MSC - Missouri Service Center, that is the address from where you will received your NOA (Notice of Action))

    Supervisory Detention & Deportation Officer

    Student Exchange Visitor Information System

    Student and Exchange Visitor Program

    Social Security Administration

    Social Security Number

    State Workforce Agency

    When the UCSIS "Touches" your petition or file it means that an action was taken which required your file to be physically touched or moved. Example: Your file is touched when it is given to an adjudicator to process.

    Temporary Protected Status

    Texas Service Center

    Transit Without Visa

    US Citizen

    U.S. Citizenship and Immigration Services

    System in airports that captures biometrics of people entering the country

    Voluntary Return

    Vermont Service Center

    Visa Waiver Program

    Western Application Center

    Western Regional Office

    Alien's Change of Address Form

    NAFTA Professional visa

    NAFTA Professional Dependant visa

    Pre-Flight Inspection

    PERM Processing: Program Electronic Review Management

    Individual Taxpayer Identification Number

    Interim EAD

    Application to Replace Permanent Residence Card

    Employment Eligibility Verification

    Affidavit of Support

    Application for Employment Authorization

    Green Card

    Application To Register Permanent Residence or Adjust Status

    Welcome Notice

    Immigrant Petition for Alien Worker

    Affidavit of Support

    Application for Travel Document

    Advance Parole or AP (Form I-131): The authorization to travel outside the US while your adjustment of status is pending. Note, Form I-131 is also used for Reentry Permit, an application by a US green card holder to be away from USA for over one year.

    Administrative Appeals Office

    Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student’s major area of study. Under the prior rules, an F-1 student could be authorized to receive up to a total of 12 months of practical training either before (pre-) and/or after (post-) completion of studies.

    This is an abbreviation for test_term and can be deleted

    AC21 is the name given to a law that provides for several matters including the ability to change jobs while an employment-based green card is pending (I-485 AC21 portability) and to start working for an H-1B employer as soon as transfer petition is filed with the USCIS.

    AC21 is the name given to a law that provides for several matters including the ability to change jobs while an employment-based green card is pending (I-485 AC21 portability) and to start working for an H-1B employer as soon as transfer petition is filed with the USCIS.

    American Immigration Lawyers Association

    Bureau of Educational and Cultural Affairs

    The process though which a person within USA obtains a change in their status to green card holder. This is usually the last step for (most not all) green card process.

    Includes Zoologists, Botanists

    Includes occupations in biochemistry, cytology, genetics, physiology

    Fashion Models

    Hotel management and related professions

    An alternative to obtaining the last step in the green card through the consulates outside USA. This is an alternative to adjustment of status.

    DOD (Department of Defense) project visas.

    Includes CPA's CA's and all other accountants and auditors

    Violence Against Women Act

    Child Status Protection Act

    Labor Condition Application. This is a part of some nonimmigrant visa applications process including H-1 visas. Not to be confused with "Labor Certification" also known as PERM, which is a part of the green card process. An LCA, or Labor Condition Application, is required to be submitted to and certified by the U.S. Department of Labor as a part of an H-1B application. The LCA serves to ensure that U.S. wages will not be depressed by the hiring of the H-1B employee and that the H-1B worker will not be exploited. In the LCA, the employer guarantees that it will pay the H-1B worker the required wage, which is the greater of the prevailing wage or the actual wage paid to other employees in the same position; that the H-1B employee will not displace a U.S. worker; and that the employment will not adversely affect the working conditions of workers similarly employed in the area of intended employment.

    Also known as CIS Ombudsman, this office provides recommendations for resolving individual and employer problems with the USCIS. As mandated by the Homeland Security Act of 2002 § 452, CIS Ombudsman is an independent office that reports directly to the Deputy Secretary of Homeland Security. http://www.dhs.gov/xabout/structure/editorial_0482.shtm

    PERM audits typically involve questions from the USDOL regarding the PERM filing.

    Used mostly in the context of the last step in green card processing (Adjustment of Status), preadjudication means USCIS is proceeding to make decision on the file even though priority date is not yet current. The idea is that way when the PD gets current, all they need to do is send approval notice and then the green card. So if the AOS is preadjudicated, you still need to wait for the PD to become current.

    Petition for a conditional resident who obtained status through marriage to apply to remove the conditions on his or her residence.

    Vermont Service Center

    California Service Center

    Nebraska Service Center

    Texas Service Center

    Office of the Chief Administrative Hearing Officer (OCAHO) is one of the three adjudicative bodies within the Executive Office for Immigration Review (EOIR). It has jurisdiction over three types of civil penalty cases: employer sanctions (INA § 274A - 8 USC § 1324a), unfair immigration-related employment practices (INA § 274B - 8 USC § 1324b), and immigration-related document fraud (INA § 274C - 8 USC § 1324c).

    Board of Alien Labor Certification Appeals is an adjudicative agency that decides in appeal PERM and wage disputes.

    Certifying Officer is the highest Department of Labor officer for a region. They are charged, amongst other things, with the responsibility to adjudicate PERM and LCA cases.

    Fraud Detection and National Security. FDNS was created to strengthen the ability of the U.S. Citizenship and
    Immigration Services (USCIS) to provide the right benefit to the right person at the right time, and no benefit to the wrong person.

    Citizenship in USA can be obtained through naturalization or through birth in USA.

    The process through which a person becomes a US Citizen.

    N-470 helps you preserve your stay abroad for naturalization under certain circumstances. So, even though you are living outside USA, you can accumulate that time for naturalization.

    Electronic System for Travel Authorization

    Congressional Research Service. A "think tank" that provides reports to members of Congress on a variety of topics relevant to current political events.

    Missouri Service Center (MSC) was transitioned into the National Benefits Center (NBC). The NBC was established to serve as the hub and conduit for USCIS local field offices by completing all pre-interview processing of Forms generally requiring an interview. This pre-processing includes conducting background security checks, performing initial evidence reviews, adjudication of associated I-765 and I-131 applications (filed with the I-485 or separately), denial of adjustment of status cases for applicants who are statutorily ineligible, and forwarding scheduled cases to the USCIS local office for adjudication. In employment based cases, transfer to NBC usually means an interview can be expected. This can occur even if PD is retrogressed.

    Online Form DS-160, Nonimmigrant Visa Electronic Application can only be used by visa applicants applying at a U.S. Embassy or Consulate which has converted to the new electronic fully online form and process. For more information visit travel.state.gov DS-160 informational webpage for a listing of embassy locations using Form DS-160. Next, visit one of the U.S. Embassy websites using the Form DS-160 and where you will apply, to review detailed nonimmigrant visa how-to-apply instructions, in addition to these FAQs.

    1. Where can I find the DS-160?
    You can access the DS-160 from the Consular Electronic Application Center website or from the link on the U.S. Embassy or Consulate website.

    The mission of the Employment and Training Administration is to contribute to the more efficient functioning of the U.S. labor market by providing high quality job training, employment, labor market information, and income maintenance services primarily through state and local workforce development systems.

    A form issued by school for applicants to obtain a Student Visa.

    A form issued by school or sponsor for applicants to obtain a J Visa.

    United Kingdom

    Cyprus Immigration

    Japan

    France

    Germany

    Ireland

    Kuwait Immigration

    Saudi Arabia Immigration

    United Arab Emirates Immigration

    Singapore Immigration

    Chile Immigration

    China Immigration new

    Egypt Immigration

    France Immigration

    Malaysia Immigration

    Maldives Immigration

    Malta Immigration

    Mauritius Immigration

    Nepal Immigration

    Norway Immigration

    New Zealand Immigration

    Romania Immigration

    South Africa Immigration

    South Korea Immigration

    Sweden Immigration

    Switzerland immigration

    Trinidad immigration

    In April of 1994, the Department of State opened a permanent Immigrant Visa processing facility at the National Visa Center (NVC) in Portsmouth, NH. The NVC processes all approved immigrant visa petitions after they are received from Citizenship and Immigration Services in the Department of Homeland Security (CIS) and retains them until the cases are ready for adjudication by a consular officer abroad.

    Every month, the Visa Office (VO) establishes Qualifying Dates that determine if a petition will be eligible for processing. Qualifying Dates are the latest priority dates that can be processed for certain visa categories. An immigrant visa petition can only become ready for further processing when the Qualifying Date in the appropriate visa category has advanced up to the priority date of the petition. Petitions may remain at NVC for several months or for many years depending on the visa category and country of birth of the visa applicant.

    NVC’s Role

    The NVC is responsible for the collection of visa application fees and visa application documentation. When an applicant's priority date meets the most recent Qualifying Date, the NVC will contact the applicant and petitioner with instructions for submitting the appropriate processing fees. After the appropriate processing fees are paid, the NVC will again contact the applicant and petitioner to request that the necessary immigrant visa documentation be submitted to the NVC.

    The U.S. Department of State's official site for U.S. visa information

    InfoPass is an Internet-based system that enables the public to go online to schedule appointments with immigration information officers at U.S. Citizenship and Immigration Services (USCIS) offices. If you have a complex immigration question or need that is best addressed by a trained USCIS officer in person, InfoPass offers a convenient alternative to waiting in line for assistance. InfoPass is a secure Internet site.

    8 C.F.R. ง 214.3(l)(1)(ii):

    (l) Designated official.

    (1) Meaning of term Designated Official. As used in งง 214.1(b), 214.2(b),
    214.2(f), 214.2(m), and 214.4, a Designated Official, Designated School
    Official (DSO), or Principal Designated School Official (PDSO), means a
    regularly employed member of the school administration whose office is
    located at the school and whose compensation does not come from commissions
    for recruitment of foreign students. An individual whose principal
    obligation to the school is to recruit foreign students for compensation
    does not qualify as a designated official. The PDSO and any other DSO must
    be named by the president, owner, or head of a school or school system. The
    PDSO and DSO may not delegate this designation to any other person.

    (i) A PDSO and DSO must be either a citizen or lawful permanent resident of
    the United States.

    (ii) Each campus must have one PDSO. The PDSO is responsible for updating
    SEVIS to reflect the addition or deletion of any DSO on his or her
    associated campus. SEVP will use the PDSO as the point of contact on any
    issues that relate to the school's compliance with the regulations, as well
    as any system alerts generated by SEVIS. SEVP may also designate certain
    functions in SEVIS for use by the PDSO only. The PDSO of the main campus is
    the only DSO authorized to submit a Form I-17 for recertification. The PDSO
    and DSO will share the same responsibilities in all other respects.

    (iii) Each school may have up to 10 designated officials at any one time,
    including the PDSO. In a multi-campus school, each campus may have up to 10
    designated officials at any one time including a required PDSO. In a private
    elementary or public or private secondary school system, however, the entire
    school system is limited to 10 designated officials at any one time
    including the PDSO.

    The DS-160, Online Nonimmigrant Visa Application, is a fully integrated online application form that is used to collect the necessary application information from a person seeking a nonimmigrant visa for temporary travel to the United States.

    OFLC processes labor certification applications for employers seeking to bring foreign workers into the United States and grants certifications in those cases where employers can demonstrate that there are not sufficient U.S. workers available, willing and qualified to perform the work at wages that meet or exceed the prevailing wage paid for the occupation in the area of intended employment.

    Designated School Official is a school officer designated to work with students and act as a representative of USCIS/ICE in certain matters.

    Student and Exchange Visitor Information System www.ice.gov/sevis.

    SEVIS is an Internet-based system that maintains accurate and current information on non-immigrant students (F and M visa), exchange visitors (J visa), and their dependents (F-2, M-2, and J-2). SEVIS enables schools and program sponsors to transmit electronic information and event notifications via the Internet, to the ICE and Department of State (DOS) throughout a student or exchange visitor’s stay in the United States. The system will reflect international student or exchange visitor status changes, such as admission at Port of Entry (POE), change of address, change in program of study, and other details. SEVIS will also provide system alerts, event notifications, and basic reports to the end-user schools, programs, and Immigration related field offices.

    SEVP acts as the bridge for government organizations that have an interest in information on foreign students. SEVP helps the Department of Homeland Security and Department of State monitor school and exchange programs and F, M and J category visitors. SEVP administers the F and M visa categories, while the Department of State manages the J exchange visitor program.
    SEVP uses the Student and Exchange Visitor Information System (SEVIS), a web-based solution, to track and monitor schools and programs, students, exchange visitors and their dependents while approved to participate in the U.S. education system.
    SEVP collects, maintains and provides the information so that only legitimate foreign students or exchange visitors gain entry to the United States. The result is an easily accessible information system that provides timely information to the Department of State, U.S. Customs and Border Protection (CBP), U.S. Citizenship and Immigration Services (USCIS) and U. S. Immigration and Customs Enforcement (ICE).
    For more details, please visit the link, http://www.ice.gov/sevis/

    Introduction:

    VIBE is a web-based adjudication tool used by USCIS to validate basic information about companies petitioning to employ alien workers. VIBE uses commercially available data from an independent information provider (IIP) to validate basic information about companies petitioning to employ certain alien workers. Dun and Bradstreet (D&B) is the current IIP for this program.

    This service is available to US based, privately held companies only. It is free of charge, and petitioning employers may access this process via D&B’s iUpdate for U.S. government customers -- a free, password-protected and encrypted online service tool offered by D&B.

    Please note that USCIS does not expect or require petitioners to contact D&B or pay any fees associated with creating or updating an existing record. Employers who wish to update their information through D&B directly may be subject to direct marketing by the organization or encounter D&B representatives who may suggest a purchase of the firm’s products and services.

    Purpose of VIBE:

    The purpose behind VIBE is to increase the efficiency of the visa petitioning process by reducing the amount of documents employers have to submit with each petition in order to prove eligibility. Furthermore, USCIS will also be able to reduce the number of RFEs issued to otherwise eligible petitioners.

    An important point to note is that USCIS will not deny a petition based solely on information from VIBE without at least first giving the petitioner an opportunity to respond to the RFEs or NOIDs issued by USCIS.

    Please note that whether or not you choose to create a record or update your record with D&B, you must respond to any RFE or NOID received from USCIS. Failure to respond could result in the denial of your petition. Furthermore, it is necessary to resolve relevant inconsistencies in the information provided by the employer, on one hand, and information available on VIBE, on the other.

    Employment Authorization Document. This is evidence that a person is authorized to work in USA. People undergoing Adjustment of Status (AOS or I-485 process) are entitled to an EAD.

    Specific information related to our team and this site.

    Deferred Action is consent by the Government not to deport (remove) an otherwise deport-able individual. Usually it is given for humanitarian reasons and work authorization is also provided. Unlawful presence is stopped during deferred action, but any unlawful presence already accrued does not get wiped away. Deferred action is not a visa or a full legal status.

    Automatic Visa Revalidation - Definition from Travel.state.gov

    Re-entering the U.S. with a Valid I-94 Form & Expired Visa is Limited
    What Is Automatic Revalidation?

    The Department of Homeland Security (DHS) U.S. Customs and Border Protection (CBP) has the authority and the responsibility over the admission of travelers to the U.S. Under the automatic revalidation provision of immigration law, certain temporary visitors holding expired nonimmigrant visas who seek to return to the U.S. may be admitted at a U.S. port of entry by CBP, if they meet certain requirements, including, but not limited to the following:

    Nonimmigrants who departed the U.S. for brief travel to Canada, Mexico, or an adjacent island (for F and J nonimmigrants) for thirty days or less;
    Nonimmigrants with a valid (unexpired) Form I-94, Arrival-Departure Record, endorsed by DHS.

    More Information about Automatic Revalidation

    For more information about automatic revalidation provisions and reentry to the U.S., visit the International Visitors webpage and the Automatic Revalidation Fact Sheet on the CBP website. Students and Exchange Visitors should review additional important information about travel outside the U.S. and reentry procedures on the DHS Immigration and Customs Enforcement (ICE) website.

    Automatic revalidation is not the same as applying for a new visa. If you apply for a new nonimmigrant visa, you cannot take advantage of automatic revalidation.
    Who Must Reapply for and Be Reissued a Visa at a U.S. Embassy or Consulate?

    This webpage explains which travelers must reapply and be reissued visas when their existing visas have expired, even if they are in possession of valid I-94 forms, in order to gain admission to reenter the U.S.

    Many nonimmigrants will need to reapply and be reissued visas to reenter the U.S. when their existing visas have expired, even if they are in possession of valid I-94 forms, because automatic revalidation applies to limited categories of travelers. Refer to the Automatic Revalidation Fact Sheet on the CBP website. The following temporary visitors whose nonimmigrant visas have expired, but who have valid I-94 forms, must reapply for and be issued nonimmigrant visas prior to their reentry to the U.S., if one or more of the following situations exists (this is not a complete listing):

    The nonimmigrant traveler with an expired nonimmigrant visa (but valid Form I-94):

    Applied for a new visa which has not yet been issued;
    Applied for a new visa and was denied;
    Has been outside of the United States for more than thirty days;
    Has traveled to a country other than Canada, Mexico, or an adjacent island which is not included in the automatic revalidation provisions;
    Is a national of a State Sponsor of Terrorism designated country, including Cuba, Iran, Syria, and Sudan. Review more about State Sponsors of Terrorism and FAQs on this website;
    Is in possession of an F student visa or J exchange visitor visa and has traveled to Cuba;
    Is in possession of an M student visa and has traveled to a location outside the U.S., other than Canada and Mexico.

    Additional Resources – Laws

    The automatic revalidation provision of U.S. immigration law is described in both 8 CFR 214.1(b) and 22 CFR 112(d).
    We Want You to Know

    Visa News
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    Visa denial based upon immigrant intent defined in Section 214(b) of the Immigration and Nationality Act.

    Immigrant intent becomes an issue when an applicant outside or inside USA seeks a benefit (such as a visa, when outside USA, or a change of status, when within USA) that does not allow an applicant to possess the intention of residing permanently in USA ("immigrant intent"). For example, an applicant for a visitor's visa must not have the intention to reside in USA permanently. Their visa can be refused if they have immigrant intent.

    NOIR (Notice of Intent to Revoke) is a notice the government issues when it intends to revoke (cancel) approval of a case that it has already approved. This happens when the government notices that the case either should not have been approved initially or, subsequent to the approval, has become revocable. This notice gives us a last chance to present evidence and arguments why the government should not revoke the approval.

    NOID (Notice of Intent to Deny) is a notice the government issues when it intends to deny a pending case and gives us a last chance to present evidence and arguments why it should not be denied.

    NOID (Notice of Intent to Deny) is a notice the government issues when it intends to deny a case and gives us a last chance to present evidence and arguments why it should not be denied.

    NOIR (Notice of Intent to Revoke) is a notice the government issues when it plans to remove approval of a case that it has already approved. This happens when the government notices that the case either should not have been approved initially or, subsequent to the approval, has become revocable. This notice gives us a last chance to present evidence and arguments why the government should not revoke the approval.

    NOIR (Notice of Intent to Revoke) is a notice the government issues when it plans to remove approval of a case that it has already approved. This happens when the government notices that the case either should not have been approved initially or, subsequent to the approval, has become revocable. This notice gives us a last chance to present evidence and arguments why the government should not revoke the approval.

    NOID (Notice of Intent to Deny) is a notice the government issues when it intends to deny a case and gives us a last chance to present evidence and arguments why it should not be denied.

    Science, Technology, Engineering, and Math. The term often refers to the Designated Degree program requiring a degree in one of these fields of study. STEM programs, in recognition of their importance to US interests, are awarded special consideration in certain areas under US immigration laws.

    A Returning Resident Permit, or SB-1 Visa, is what a Legal Permanent Resident (LPR or Green Card holder) can get to return to the United States after being out of the country for more than one year. When an LPR leaves the United States, they must return within a year. If they stay more than a year, they must obtain a Returning Resident Permit in order to return. This also applies to those who remain outside of the country longer than is allowed by their reentry permit.
    You apply for a returning residence visa through the consulate in your home country. There, you have to explain in quite some detail the genuine reason for your inability to return to USA within one year. It is discretionary upon the consulate whether they are convinced by the genuineness of your response or not.
    For more information, see this State Department’s webpage: http://travel.state.gov/visa/immigrants/info/info_1333.html

    A Returning Resident Permit, or SB-1 Visa, is what a Legal Permanent Resident (LPR or Green Card holder) can get to return to the United States after being out of the country for more than one year. When an LPR leaves the United States, they must return within a year. If they stay more than a year, they must obtain a Returning Resident Permit in order to return. This also applies to those who remain outside of the country longer than is allowed by their reentry permit.
    You apply for a returning residence visa through the consulate in your home country. There, you have to explain in quite some detail the genuine reason for your inability to return to USA within one year. It is discretionary upon the consulate whether they are convinced by the genuineness of your response or not.
    For more information, see this State Department’s webpage: http://travel.state.gov/visa/immigrants/info/info_1333.html

    U.S. Legislature responsible for making laws. Consists of two houses: Senate and the House of Representatives.

    One of the two houses of U.S. Legislature responsible for making laws. The other is the House of Representatives.

    One of the two houses of U.S. Legislature responsible for making laws. The other is the Senate.

    Default Web Links group

  4. Tuesday, 18...
    Question: How do I know if my visa is voided or not? I applied for a change of status while in the USA and got a denial, so I left the country 11 days after, with my I-94 already expired. Some people say my visa is voided, but where can I check this?
    Answer:

    That is covered by section 222(g) of INA. See this link: http://www.uscis.gov.edgesuite-staging.net/ilink/docView/SLB/HTML/SLB/0-...

    "(g) 2/ (1) In the case of an alien who has been admitted on the basis of a nonimmigrant visa and remained in the United States beyond the period of stay authorized by the Attorney General, such visa shall be void beginning after the conclusion of such period of stay."

    This content is tagged for employers and Human Resources professionals responsible for hiring foreign professionals/workers in USA

    US Department of Labor is charged with protecting the labor market and investigation and enforcement activities related to that.

    Immigration and Custom Enforcement. This agency used to be a part of old INS. When DHS was formed, enforcement personnel of US Customs Service and INS were combined to form ICE, which is now responsible for a large part of immigration enforcement activity.

    Department of State (State Department) is responsible for issuing visas, which are a permission to travel to USA.

    A method to obtain green card used to avoid the need for PERM based labor certification.

    Customs and Border Protection. This agency was spun off from old INS. CBP is responsible for inspecting people when they land at airports, docks and land borders.

    To qualify for an A-1 (or A-2 visa), you must be traveling to the United States on behalf of your national government to engage solely in official activities for that government.  The fact that there may be government interest or control in a given organization is not in itself the defining factor in determining if you qualify for an A visa; the particular duties or services that will be performed must be governmental in character or nature, as determined by the United States Department of State, in accordance with U.S. immigration laws. Government officials traveling to the United States to perform non-governmental functions of a commercial nature, or traveling as tourists, require some other appropriate visa, and do not qualify for A visas.

    To qualify for an A-2 (or A-1 visa), you must be traveling to the United States on behalf of your national government to engage solely in official activities for that government. The fact that there may be government interest or control in a given organization is not in itself the defining factor in determining if you qualify for an A visa; the particular duties or services that will be performed must be governmental in character or nature, as determined by the United States Department of State, in accordance with U.S. immigration laws. Government officials traveling to the United States to perform non-governmental functions of a commercial nature, or traveling as tourists, require some other appropriate visa, and do not qualify for A visas.

    Consulates all over the world issue visas - a permission to enter USA for a specific purpose. Consulates are a part of the State Department (DOS - Department of State).

    Bangladesh Immigration

    Indonesia Immigration

    I-94 aka Arrival Departure Record is what governs your status in the USA. An expired I-94 can lead to bar from entering USA for 3 to 10 years.See details on "Unlawful Presence".

    When used in relation to immigration, this is another name for being LEGALLY present in the USA

    This is a complicated term. Very simply (there is a lot more to it), you could have your status expire and still be authorized to stay in USA awaiting the outcome of a legally filed petition. This is something less than "Status" but much better than "Unlawful Presence."

    This is another complicated concept with some very serious consequences. Briefly, if you have been unlawfully present in USA for more than 180 days, you cannot come back to USA for 3 years and if unlawfully present for a year or more, you cannot come back for 10 years. Very generally speaking unlawful presence begins after expiration of the I-94 or after having been asked by the govt. to leave USA.

    These are topics related to appeals and motions for reconsideration or reopening of decisions (MTR) by govt. agencies such as USCIS, USDOL, etc.

    These are topics related to appeals and motions for reconsideration or reopening of decisions (MTR) by govt. agencies such as USCIS, USDOL, etc.

    Adjustment of Status

    Includes topics of loss of physical green card papers or the card itself as well as loss of green card through abandonment and criminal activity.

    When used in relation to immigration, this is another name for extending your status.

    Employees working in USA

    Personal employees, attendants and servants of A-1 and A-2 visa holders.

    EB4 category is for religious workers.

    “Priority Date” determines your place in the queue for waiting for green card in the categories where there is a wait. When the govt. has reached your PD, it is said to be “current.” For family-based green cards, PD is the date your I-130 was filed; for PERM-based cases, the date your PERM was filed; for employment-based cases other than through PERM (like EB-1 cases), PD is the date your I-140 was filed. DOS publishes the movement of the PD queue every month in the Visa Bulletin: http://www.immigration.com/visa-bulletin

    A publication of the US State Department that keeps track of the green card backlogs and informs us which "Priority Dates" are current so the applicants can expect to get through the last step of their green card processing. This is published every month around the 14th and tells us the availability for the following month. Note that certain categories of applicants ("immediate relatives") such as spouse of a US citizen are not shown in the visa bulletin because they are entitled to have their applications considered without any wait.

    Bureau of Citizenship and Immigration Services (now USCIS)

    Central Intelligence Agency

    Department of Homeland Security

    Department of Justice

    Federal Bureau of Investigation

    Immigration and Naturalization Service (now reconstituted into USCIS)

    Internal Revenue Service

    Office of Management and Budget

    Social Security Administration

    U.S. Citizenship and Immigration Services. Earlier known as INS. USCIS is responsible for providing immigration benefits to applicants. Homepage http://wwww.uscis.gov

    American Competitiveness and Workforce Improvement Act of 1998.

    Approval Date (When your application was approved)

    Alien Documentation, Identification & Telecommunications System

    Assistant Field Office Director

    Abbreviation for American Immigration Lawyers Association.

    Adjudications Officer

    Administrative Review

    Application Support Center: offers biometric services including fingerprinting services

    Birth Certificate

    Bureau of Citizenship and Immigration Services (now USCIS)

    Board of Immigrant Appeals

    Biometrics (include Digital photo, index finger print and your digital signature). This is needed for the production of Green Card.

    Customs and Border Protection

    Central Intelligence Agency

    Citizenship and Immigration Services

    Consulate Officer

    Consular Processing

    Conditional Permanent Resident

    Curricular Practical Training

    Central Regional Office

    California Service Center

    Cancelled Without Prejudice

    Deputy Field Office Director

    Department of Homeland Security

    Drivers License

    Department of Motor Vehicles

    Department of Justice

    Department of Labor

    Dallas Office Rapid Adjustment of Status

    Department of State

    Detention and Removal Operations

    Diversity Visa (a.k.a. Green Card Lottery)

    Eastern Application Center

    Employment Authorization Document (I-765, approval to work while waiting for Adjustment of Status - AOS Approval)

    Electronic Data Systems

    Executive Office of Immigration Review

    Expedited Removal

    Eastern Regional Office

    Entered Without Inspection

    Foreign Affairs Manual

    Federal Bureau of Investigation

    Field Office Director

    Finger Print

    File Transfer Request

    Green Card

    Immigration Judge

    International Marriage Brokers Act

    Immigration and Nationality Act

    Is an online appointment so you can go to your DO if you have a doubt or want to know something about your case in person or to request your interim EAD

    Immigration and Naturalization Service (now called USCIS)

    Immigration officer / Interviewing officer

    Immigration Reform and Control Act of 1986

    Internal Revenue Service

    Internet Service Provider

    Immigrant Visa

    Immigrant Visa Applicant Control System

    John F. Kennedy International Airport

    Kentucky Consular Center

    Labor Condition Application

    Lawful Permanent Resident

    Lawful Permanent Resident Alien

    Last Update Date on your on-line portfolio at USCIS website. It is the date when they last took action on your application, could be anything.

    Machine Readable Data

    Machine Readable Passport

    Machine Readable Visa

    Missouri Service Center

    Notice Date (When USCIS notified you that they received your application)

    National Data Entry Center

    Non Immigrant Visa

    Notice of Action is your receipt/letter that you received after you filed your forms (indicates I-797C)

    Notice of Proposed Rule Making

    Notice To Appear

    Nebraska Service Center

    National Visa Center

    New York District Office

    Office of Management and Budget

    Optional Practical Training

    Other Than Mexican

    Police Clearance Certificate

    Priority Date

    Port of Entry

    Permanent Resident (Also LPR - Legal Permanent Resident)

    Quality Assurance

    Receipt Date (When USCIS received your application)

    Remote Adjudications Center

    Request for Evidence

    Request for Initial Evidence

    Service Center (this is used with a prefix, eg CSC - California Service Center; MSC - Missouri Service Center, that is the address from where you will received your NOA (Notice of Action))

    Supervisory Detention & Deportation Officer

    Student Exchange Visitor Information System

    Student and Exchange Visitor Program

    Social Security Administration

    Social Security Number

    State Workforce Agency

    When the UCSIS "Touches" your petition or file it means that an action was taken which required your file to be physically touched or moved. Example: Your file is touched when it is given to an adjudicator to process.

    Temporary Protected Status

    Texas Service Center

    Transit Without Visa

    US Citizen

    U.S. Citizenship and Immigration Services

    System in airports that captures biometrics of people entering the country

    Voluntary Return

    Vermont Service Center

    Visa Waiver Program

    Western Application Center

    Western Regional Office

    Alien's Change of Address Form

    NAFTA Professional visa

    NAFTA Professional Dependant visa

    Pre-Flight Inspection

    PERM Processing: Program Electronic Review Management

    Individual Taxpayer Identification Number

    Interim EAD

    Application to Replace Permanent Residence Card

    Employment Eligibility Verification

    Affidavit of Support

    Application for Employment Authorization

    Green Card

    Application To Register Permanent Residence or Adjust Status

    Welcome Notice

    Immigrant Petition for Alien Worker

    Affidavit of Support

    Application for Travel Document

    Advance Parole or AP (Form I-131): The authorization to travel outside the US while your adjustment of status is pending. Note, Form I-131 is also used for Reentry Permit, an application by a US green card holder to be away from USA for over one year.

    Administrative Appeals Office

    Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student’s major area of study. Under the prior rules, an F-1 student could be authorized to receive up to a total of 12 months of practical training either before (pre-) and/or after (post-) completion of studies.

    This is an abbreviation for test_term and can be deleted

    AC21 is the name given to a law that provides for several matters including the ability to change jobs while an employment-based green card is pending (I-485 AC21 portability) and to start working for an H-1B employer as soon as transfer petition is filed with the USCIS.

    AC21 is the name given to a law that provides for several matters including the ability to change jobs while an employment-based green card is pending (I-485 AC21 portability) and to start working for an H-1B employer as soon as transfer petition is filed with the USCIS.

    American Immigration Lawyers Association

    Bureau of Educational and Cultural Affairs

    The process though which a person within USA obtains a change in their status to green card holder. This is usually the last step for (most not all) green card process.

    Includes Zoologists, Botanists

    Includes occupations in biochemistry, cytology, genetics, physiology

    Fashion Models

    Hotel management and related professions

    An alternative to obtaining the last step in the green card through the consulates outside USA. This is an alternative to adjustment of status.

    DOD (Department of Defense) project visas.

    Includes CPA's CA's and all other accountants and auditors

    Violence Against Women Act

    Child Status Protection Act

    Labor Condition Application. This is a part of some nonimmigrant visa applications process including H-1 visas. Not to be confused with "Labor Certification" also known as PERM, which is a part of the green card process. An LCA, or Labor Condition Application, is required to be submitted to and certified by the U.S. Department of Labor as a part of an H-1B application. The LCA serves to ensure that U.S. wages will not be depressed by the hiring of the H-1B employee and that the H-1B worker will not be exploited. In the LCA, the employer guarantees that it will pay the H-1B worker the required wage, which is the greater of the prevailing wage or the actual wage paid to other employees in the same position; that the H-1B employee will not displace a U.S. worker; and that the employment will not adversely affect the working conditions of workers similarly employed in the area of intended employment.

    Also known as CIS Ombudsman, this office provides recommendations for resolving individual and employer problems with the USCIS. As mandated by the Homeland Security Act of 2002 § 452, CIS Ombudsman is an independent office that reports directly to the Deputy Secretary of Homeland Security. http://www.dhs.gov/xabout/structure/editorial_0482.shtm

    PERM audits typically involve questions from the USDOL regarding the PERM filing.

    Used mostly in the context of the last step in green card processing (Adjustment of Status), preadjudication means USCIS is proceeding to make decision on the file even though priority date is not yet current. The idea is that way when the PD gets current, all they need to do is send approval notice and then the green card. So if the AOS is preadjudicated, you still need to wait for the PD to become current.

    Petition for a conditional resident who obtained status through marriage to apply to remove the conditions on his or her residence.

    Vermont Service Center

    California Service Center

    Nebraska Service Center

    Texas Service Center

    Office of the Chief Administrative Hearing Officer (OCAHO) is one of the three adjudicative bodies within the Executive Office for Immigration Review (EOIR). It has jurisdiction over three types of civil penalty cases: employer sanctions (INA § 274A - 8 USC § 1324a), unfair immigration-related employment practices (INA § 274B - 8 USC § 1324b), and immigration-related document fraud (INA § 274C - 8 USC § 1324c).

    Board of Alien Labor Certification Appeals is an adjudicative agency that decides in appeal PERM and wage disputes.

    Certifying Officer is the highest Department of Labor officer for a region. They are charged, amongst other things, with the responsibility to adjudicate PERM and LCA cases.

    Fraud Detection and National Security. FDNS was created to strengthen the ability of the U.S. Citizenship and
    Immigration Services (USCIS) to provide the right benefit to the right person at the right time, and no benefit to the wrong person.

    Citizenship in USA can be obtained through naturalization or through birth in USA.

    The process through which a person becomes a US Citizen.

    N-470 helps you preserve your stay abroad for naturalization under certain circumstances. So, even though you are living outside USA, you can accumulate that time for naturalization.

    Electronic System for Travel Authorization

    Congressional Research Service. A "think tank" that provides reports to members of Congress on a variety of topics relevant to current political events.

    Missouri Service Center (MSC) was transitioned into the National Benefits Center (NBC). The NBC was established to serve as the hub and conduit for USCIS local field offices by completing all pre-interview processing of Forms generally requiring an interview. This pre-processing includes conducting background security checks, performing initial evidence reviews, adjudication of associated I-765 and I-131 applications (filed with the I-485 or separately), denial of adjustment of status cases for applicants who are statutorily ineligible, and forwarding scheduled cases to the USCIS local office for adjudication. In employment based cases, transfer to NBC usually means an interview can be expected. This can occur even if PD is retrogressed.

    Online Form DS-160, Nonimmigrant Visa Electronic Application can only be used by visa applicants applying at a U.S. Embassy or Consulate which has converted to the new electronic fully online form and process. For more information visit travel.state.gov DS-160 informational webpage for a listing of embassy locations using Form DS-160. Next, visit one of the U.S. Embassy websites using the Form DS-160 and where you will apply, to review detailed nonimmigrant visa how-to-apply instructions, in addition to these FAQs.

    1. Where can I find the DS-160?
    You can access the DS-160 from the Consular Electronic Application Center website or from the link on the U.S. Embassy or Consulate website.

    The mission of the Employment and Training Administration is to contribute to the more efficient functioning of the U.S. labor market by providing high quality job training, employment, labor market information, and income maintenance services primarily through state and local workforce development systems.

    A form issued by school for applicants to obtain a Student Visa.

    A form issued by school or sponsor for applicants to obtain a J Visa.

    United Kingdom

    Cyprus Immigration

    Japan

    France

    Germany

    Ireland

    Kuwait Immigration

    Saudi Arabia Immigration

    United Arab Emirates Immigration

    Singapore Immigration

    Chile Immigration

    China Immigration new

    Egypt Immigration

    France Immigration

    Malaysia Immigration

    Maldives Immigration

    Malta Immigration

    Mauritius Immigration

    Nepal Immigration

    Norway Immigration

    New Zealand Immigration

    Romania Immigration

    South Africa Immigration

    South Korea Immigration

    Sweden Immigration

    Switzerland immigration

    Trinidad immigration

    In April of 1994, the Department of State opened a permanent Immigrant Visa processing facility at the National Visa Center (NVC) in Portsmouth, NH. The NVC processes all approved immigrant visa petitions after they are received from Citizenship and Immigration Services in the Department of Homeland Security (CIS) and retains them until the cases are ready for adjudication by a consular officer abroad.

    Every month, the Visa Office (VO) establishes Qualifying Dates that determine if a petition will be eligible for processing. Qualifying Dates are the latest priority dates that can be processed for certain visa categories. An immigrant visa petition can only become ready for further processing when the Qualifying Date in the appropriate visa category has advanced up to the priority date of the petition. Petitions may remain at NVC for several months or for many years depending on the visa category and country of birth of the visa applicant.

    NVC’s Role

    The NVC is responsible for the collection of visa application fees and visa application documentation. When an applicant's priority date meets the most recent Qualifying Date, the NVC will contact the applicant and petitioner with instructions for submitting the appropriate processing fees. After the appropriate processing fees are paid, the NVC will again contact the applicant and petitioner to request that the necessary immigrant visa documentation be submitted to the NVC.

    The U.S. Department of State's official site for U.S. visa information

    InfoPass is an Internet-based system that enables the public to go online to schedule appointments with immigration information officers at U.S. Citizenship and Immigration Services (USCIS) offices. If you have a complex immigration question or need that is best addressed by a trained USCIS officer in person, InfoPass offers a convenient alternative to waiting in line for assistance. InfoPass is a secure Internet site.

    8 C.F.R. ง 214.3(l)(1)(ii):

    (l) Designated official.

    (1) Meaning of term Designated Official. As used in งง 214.1(b), 214.2(b),
    214.2(f), 214.2(m), and 214.4, a Designated Official, Designated School
    Official (DSO), or Principal Designated School Official (PDSO), means a
    regularly employed member of the school administration whose office is
    located at the school and whose compensation does not come from commissions
    for recruitment of foreign students. An individual whose principal
    obligation to the school is to recruit foreign students for compensation
    does not qualify as a designated official. The PDSO and any other DSO must
    be named by the president, owner, or head of a school or school system. The
    PDSO and DSO may not delegate this designation to any other person.

    (i) A PDSO and DSO must be either a citizen or lawful permanent resident of
    the United States.

    (ii) Each campus must have one PDSO. The PDSO is responsible for updating
    SEVIS to reflect the addition or deletion of any DSO on his or her
    associated campus. SEVP will use the PDSO as the point of contact on any
    issues that relate to the school's compliance with the regulations, as well
    as any system alerts generated by SEVIS. SEVP may also designate certain
    functions in SEVIS for use by the PDSO only. The PDSO of the main campus is
    the only DSO authorized to submit a Form I-17 for recertification. The PDSO
    and DSO will share the same responsibilities in all other respects.

    (iii) Each school may have up to 10 designated officials at any one time,
    including the PDSO. In a multi-campus school, each campus may have up to 10
    designated officials at any one time including a required PDSO. In a private
    elementary or public or private secondary school system, however, the entire
    school system is limited to 10 designated officials at any one time
    including the PDSO.

    The DS-160, Online Nonimmigrant Visa Application, is a fully integrated online application form that is used to collect the necessary application information from a person seeking a nonimmigrant visa for temporary travel to the United States.

    OFLC processes labor certification applications for employers seeking to bring foreign workers into the United States and grants certifications in those cases where employers can demonstrate that there are not sufficient U.S. workers available, willing and qualified to perform the work at wages that meet or exceed the prevailing wage paid for the occupation in the area of intended employment.

    Designated School Official is a school officer designated to work with students and act as a representative of USCIS/ICE in certain matters.

    Student and Exchange Visitor Information System www.ice.gov/sevis.

    SEVIS is an Internet-based system that maintains accurate and current information on non-immigrant students (F and M visa), exchange visitors (J visa), and their dependents (F-2, M-2, and J-2). SEVIS enables schools and program sponsors to transmit electronic information and event notifications via the Internet, to the ICE and Department of State (DOS) throughout a student or exchange visitor’s stay in the United States. The system will reflect international student or exchange visitor status changes, such as admission at Port of Entry (POE), change of address, change in program of study, and other details. SEVIS will also provide system alerts, event notifications, and basic reports to the end-user schools, programs, and Immigration related field offices.

    SEVP acts as the bridge for government organizations that have an interest in information on foreign students. SEVP helps the Department of Homeland Security and Department of State monitor school and exchange programs and F, M and J category visitors. SEVP administers the F and M visa categories, while the Department of State manages the J exchange visitor program.
    SEVP uses the Student and Exchange Visitor Information System (SEVIS), a web-based solution, to track and monitor schools and programs, students, exchange visitors and their dependents while approved to participate in the U.S. education system.
    SEVP collects, maintains and provides the information so that only legitimate foreign students or exchange visitors gain entry to the United States. The result is an easily accessible information system that provides timely information to the Department of State, U.S. Customs and Border Protection (CBP), U.S. Citizenship and Immigration Services (USCIS) and U. S. Immigration and Customs Enforcement (ICE).
    For more details, please visit the link, http://www.ice.gov/sevis/

    Introduction:

    VIBE is a web-based adjudication tool used by USCIS to validate basic information about companies petitioning to employ alien workers. VIBE uses commercially available data from an independent information provider (IIP) to validate basic information about companies petitioning to employ certain alien workers. Dun and Bradstreet (D&B) is the current IIP for this program.

    This service is available to US based, privately held companies only. It is free of charge, and petitioning employers may access this process via D&B’s iUpdate for U.S. government customers -- a free, password-protected and encrypted online service tool offered by D&B.

    Please note that USCIS does not expect or require petitioners to contact D&B or pay any fees associated with creating or updating an existing record. Employers who wish to update their information through D&B directly may be subject to direct marketing by the organization or encounter D&B representatives who may suggest a purchase of the firm’s products and services.

    Purpose of VIBE:

    The purpose behind VIBE is to increase the efficiency of the visa petitioning process by reducing the amount of documents employers have to submit with each petition in order to prove eligibility. Furthermore, USCIS will also be able to reduce the number of RFEs issued to otherwise eligible petitioners.

    An important point to note is that USCIS will not deny a petition based solely on information from VIBE without at least first giving the petitioner an opportunity to respond to the RFEs or NOIDs issued by USCIS.

    Please note that whether or not you choose to create a record or update your record with D&B, you must respond to any RFE or NOID received from USCIS. Failure to respond could result in the denial of your petition. Furthermore, it is necessary to resolve relevant inconsistencies in the information provided by the employer, on one hand, and information available on VIBE, on the other.

    Employment Authorization Document. This is evidence that a person is authorized to work in USA. People undergoing Adjustment of Status (AOS or I-485 process) are entitled to an EAD.

    Specific information related to our team and this site.

    Deferred Action is consent by the Government not to deport (remove) an otherwise deport-able individual. Usually it is given for humanitarian reasons and work authorization is also provided. Unlawful presence is stopped during deferred action, but any unlawful presence already accrued does not get wiped away. Deferred action is not a visa or a full legal status.

    Automatic Visa Revalidation - Definition from Travel.state.gov

    Re-entering the U.S. with a Valid I-94 Form & Expired Visa is Limited
    What Is Automatic Revalidation?

    The Department of Homeland Security (DHS) U.S. Customs and Border Protection (CBP) has the authority and the responsibility over the admission of travelers to the U.S. Under the automatic revalidation provision of immigration law, certain temporary visitors holding expired nonimmigrant visas who seek to return to the U.S. may be admitted at a U.S. port of entry by CBP, if they meet certain requirements, including, but not limited to the following:

    Nonimmigrants who departed the U.S. for brief travel to Canada, Mexico, or an adjacent island (for F and J nonimmigrants) for thirty days or less;
    Nonimmigrants with a valid (unexpired) Form I-94, Arrival-Departure Record, endorsed by DHS.

    More Information about Automatic Revalidation

    For more information about automatic revalidation provisions and reentry to the U.S., visit the International Visitors webpage and the Automatic Revalidation Fact Sheet on the CBP website. Students and Exchange Visitors should review additional important information about travel outside the U.S. and reentry procedures on the DHS Immigration and Customs Enforcement (ICE) website.

    Automatic revalidation is not the same as applying for a new visa. If you apply for a new nonimmigrant visa, you cannot take advantage of automatic revalidation.
    Who Must Reapply for and Be Reissued a Visa at a U.S. Embassy or Consulate?

    This webpage explains which travelers must reapply and be reissued visas when their existing visas have expired, even if they are in possession of valid I-94 forms, in order to gain admission to reenter the U.S.

    Many nonimmigrants will need to reapply and be reissued visas to reenter the U.S. when their existing visas have expired, even if they are in possession of valid I-94 forms, because automatic revalidation applies to limited categories of travelers. Refer to the Automatic Revalidation Fact Sheet on the CBP website. The following temporary visitors whose nonimmigrant visas have expired, but who have valid I-94 forms, must reapply for and be issued nonimmigrant visas prior to their reentry to the U.S., if one or more of the following situations exists (this is not a complete listing):

    The nonimmigrant traveler with an expired nonimmigrant visa (but valid Form I-94):

    Applied for a new visa which has not yet been issued;
    Applied for a new visa and was denied;
    Has been outside of the United States for more than thirty days;
    Has traveled to a country other than Canada, Mexico, or an adjacent island which is not included in the automatic revalidation provisions;
    Is a national of a State Sponsor of Terrorism designated country, including Cuba, Iran, Syria, and Sudan. Review more about State Sponsors of Terrorism and FAQs on this website;
    Is in possession of an F student visa or J exchange visitor visa and has traveled to Cuba;
    Is in possession of an M student visa and has traveled to a location outside the U.S., other than Canada and Mexico.

    Additional Resources – Laws

    The automatic revalidation provision of U.S. immigration law is described in both 8 CFR 214.1(b) and 22 CFR 112(d).
    We Want You to Know

    Visa News
    Adoption Alerts
    Diversity Visa
    Visa Waiver Program (VWP)
    Iraqis & Afghans-SIV
    Business Visa Center
    Customer Service Statement to Visa Applicants
    Fraud Warning

    Visa denial based upon immigrant intent defined in Section 214(b) of the Immigration and Nationality Act.

    Immigrant intent becomes an issue when an applicant outside or inside USA seeks a benefit (such as a visa, when outside USA, or a change of status, when within USA) that does not allow an applicant to possess the intention of residing permanently in USA ("immigrant intent"). For example, an applicant for a visitor's visa must not have the intention to reside in USA permanently. Their visa can be refused if they have immigrant intent.

    NOIR (Notice of Intent to Revoke) is a notice the government issues when it intends to revoke (cancel) approval of a case that it has already approved. This happens when the government notices that the case either should not have been approved initially or, subsequent to the approval, has become revocable. This notice gives us a last chance to present evidence and arguments why the government should not revoke the approval.

    NOID (Notice of Intent to Deny) is a notice the government issues when it intends to deny a pending case and gives us a last chance to present evidence and arguments why it should not be denied.

    NOID (Notice of Intent to Deny) is a notice the government issues when it intends to deny a case and gives us a last chance to present evidence and arguments why it should not be denied.

    NOIR (Notice of Intent to Revoke) is a notice the government issues when it plans to remove approval of a case that it has already approved. This happens when the government notices that the case either should not have been approved initially or, subsequent to the approval, has become revocable. This notice gives us a last chance to present evidence and arguments why the government should not revoke the approval.

    NOIR (Notice of Intent to Revoke) is a notice the government issues when it plans to remove approval of a case that it has already approved. This happens when the government notices that the case either should not have been approved initially or, subsequent to the approval, has become revocable. This notice gives us a last chance to present evidence and arguments why the government should not revoke the approval.

    NOID (Notice of Intent to Deny) is a notice the government issues when it intends to deny a case and gives us a last chance to present evidence and arguments why it should not be denied.

    Science, Technology, Engineering, and Math. The term often refers to the Designated Degree program requiring a degree in one of these fields of study. STEM programs, in recognition of their importance to US interests, are awarded special consideration in certain areas under US immigration laws.

    A Returning Resident Permit, or SB-1 Visa, is what a Legal Permanent Resident (LPR or Green Card holder) can get to return to the United States after being out of the country for more than one year. When an LPR leaves the United States, they must return within a year. If they stay more than a year, they must obtain a Returning Resident Permit in order to return. This also applies to those who remain outside of the country longer than is allowed by their reentry permit.
    You apply for a returning residence visa through the consulate in your home country. There, you have to explain in quite some detail the genuine reason for your inability to return to USA within one year. It is discretionary upon the consulate whether they are convinced by the genuineness of your response or not.
    For more information, see this State Department’s webpage: http://travel.state.gov/visa/immigrants/info/info_1333.html

    A Returning Resident Permit, or SB-1 Visa, is what a Legal Permanent Resident (LPR or Green Card holder) can get to return to the United States after being out of the country for more than one year. When an LPR leaves the United States, they must return within a year. If they stay more than a year, they must obtain a Returning Resident Permit in order to return. This also applies to those who remain outside of the country longer than is allowed by their reentry permit.
    You apply for a returning residence visa through the consulate in your home country. There, you have to explain in quite some detail the genuine reason for your inability to return to USA within one year. It is discretionary upon the consulate whether they are convinced by the genuineness of your response or not.
    For more information, see this State Department’s webpage: http://travel.state.gov/visa/immigrants/info/info_1333.html

    U.S. Legislature responsible for making laws. Consists of two houses: Senate and the House of Representatives.

    One of the two houses of U.S. Legislature responsible for making laws. The other is the House of Representatives.

    One of the two houses of U.S. Legislature responsible for making laws. The other is the Senate.

    Default Web Links group

  5. Wednesday,...
    Question: I have 14 years of overall IT experience and performing Manager, Service delivery role for past 3 years. Planning to enter USA in L-1A visa. I have a team of 30 resources, working in Chennai, Shanghai and San Jose. They all report to me. <br> My Questions:<br> 1. How long I need to wait to initiate the GC process?<br> 2. Do I have a choice of selecting the type - EB-1 vs EB-2?<br> 3. I don't have bachelors or masters degree. Will that be a barrier for applying GC?<br> 4. Should I apply ONLY through my employer or can I apply myself
    Answer:

    1. You can apply for green card without any wait.
    2. Yes, but EB-1 is a gazillion times faster for Indian-born people.
    3. Degree is not a requirement for international managers/execs.
    4. Your employer needs to apply. 

    This content is tagged for employers and Human Resources professionals responsible for hiring foreign professionals/workers in USA

    US Department of Labor is charged with protecting the labor market and investigation and enforcement activities related to that.

    Immigration and Custom Enforcement. This agency used to be a part of old INS. When DHS was formed, enforcement personnel of US Customs Service and INS were combined to form ICE, which is now responsible for a large part of immigration enforcement activity.

    Department of State (State Department) is responsible for issuing visas, which are a permission to travel to USA.

    A method to obtain green card used to avoid the need for PERM based labor certification.

    Customs and Border Protection. This agency was spun off from old INS. CBP is responsible for inspecting people when they land at airports, docks and land borders.

    To qualify for an A-1 (or A-2 visa), you must be traveling to the United States on behalf of your national government to engage solely in official activities for that government.  The fact that there may be government interest or control in a given organization is not in itself the defining factor in determining if you qualify for an A visa; the particular duties or services that will be performed must be governmental in character or nature, as determined by the United States Department of State, in accordance with U.S. immigration laws. Government officials traveling to the United States to perform non-governmental functions of a commercial nature, or traveling as tourists, require some other appropriate visa, and do not qualify for A visas.

    To qualify for an A-2 (or A-1 visa), you must be traveling to the United States on behalf of your national government to engage solely in official activities for that government. The fact that there may be government interest or control in a given organization is not in itself the defining factor in determining if you qualify for an A visa; the particular duties or services that will be performed must be governmental in character or nature, as determined by the United States Department of State, in accordance with U.S. immigration laws. Government officials traveling to the United States to perform non-governmental functions of a commercial nature, or traveling as tourists, require some other appropriate visa, and do not qualify for A visas.

    Consulates all over the world issue visas - a permission to enter USA for a specific purpose. Consulates are a part of the State Department (DOS - Department of State).

    Bangladesh Immigration

    Indonesia Immigration

    I-94 aka Arrival Departure Record is what governs your status in the USA. An expired I-94 can lead to bar from entering USA for 3 to 10 years.See details on &quot;Unlawful Presence&quot;.

    When used in relation to immigration, this is another name for being LEGALLY present in the USA

    This is a complicated term. Very simply (there is a lot more to it), you could have your status expire and still be authorized to stay in USA awaiting the outcome of a legally filed petition. This is something less than "Status" but much better than "Unlawful Presence."

    This is another complicated concept with some very serious consequences. Briefly, if you have been unlawfully present in USA for more than 180 days, you cannot come back to USA for 3 years and if unlawfully present for a year or more, you cannot come back for 10 years. Very generally speaking unlawful presence begins after expiration of the I-94 or after having been asked by the govt. to leave USA.

    These are topics related to appeals and motions for reconsideration or reopening of decisions (MTR) by govt. agencies such as USCIS, USDOL, etc.

    These are topics related to appeals and motions for reconsideration or reopening of decisions (MTR) by govt. agencies such as USCIS, USDOL, etc.

    Adjustment of Status

    Includes topics of loss of physical green card papers or the card itself as well as loss of green card through abandonment and criminal activity.

    When used in relation to immigration, this is another name for extending your status.

    Employees working in USA

    Personal employees, attendants and servants of A-1 and A-2 visa holders.

    EB4 category is for religious workers.

    “Priority Date” determines your place in the queue for waiting for green card in the categories where there is a wait. When the govt. has reached your PD, it is said to be “current.” For family-based green cards, PD is the date your I-130 was filed; for PERM-based cases, the date your PERM was filed; for employment-based cases other than through PERM (like EB-1 cases), PD is the date your I-140 was filed. DOS publishes the movement of the PD queue every month in the Visa Bulletin: http://www.immigration.com/visa-bulletin

    A publication of the US State Department that keeps track of the green card backlogs and informs us which "Priority Dates" are current so the applicants can expect to get through the last step of their green card processing. This is published every month around the 14th and tells us the availability for the following month. Note that certain categories of applicants ("immediate relatives") such as spouse of a US citizen are not shown in the visa bulletin because they are entitled to have their applications considered without any wait.

    Bureau of Citizenship and Immigration Services (now USCIS)

    Central Intelligence Agency

    Department of Homeland Security

    Department of Justice

    Federal Bureau of Investigation

    Immigration and Naturalization Service (now reconstituted into USCIS)

    Internal Revenue Service

    Office of Management and Budget

    Social Security Administration

    U.S. Citizenship and Immigration Services. Earlier known as INS. USCIS is responsible for providing immigration benefits to applicants. Homepage http://wwww.uscis.gov

    American Competitiveness and Workforce Improvement Act of 1998.

    Approval Date (When your application was approved)

    Alien Documentation, Identification & Telecommunications System

    Assistant Field Office Director

    Abbreviation for American Immigration Lawyers Association.

    Adjudications Officer

    Administrative Review

    Application Support Center: offers biometric services including fingerprinting services

    Birth Certificate

    Bureau of Citizenship and Immigration Services (now USCIS)

    Board of Immigrant Appeals

    Biometrics (include Digital photo, index finger print and your digital signature). This is needed for the production of Green Card.

    Customs and Border Protection

    Central Intelligence Agency

    Citizenship and Immigration Services

    Consulate Officer

    Consular Processing

    Conditional Permanent Resident

    Curricular Practical Training

    Central Regional Office

    California Service Center

    Cancelled Without Prejudice

    Deputy Field Office Director

    Department of Homeland Security

    Drivers License

    Department of Motor Vehicles

    Department of Justice

    Department of Labor

    Dallas Office Rapid Adjustment of Status

    Department of State

    Detention and Removal Operations

    Diversity Visa (a.k.a. Green Card Lottery)

    Eastern Application Center

    Employment Authorization Document (I-765, approval to work while waiting for Adjustment of Status - AOS Approval)

    Electronic Data Systems

    Executive Office of Immigration Review

    Expedited Removal

    Eastern Regional Office

    Entered Without Inspection

    Foreign Affairs Manual

    Federal Bureau of Investigation

    Field Office Director

    Finger Print

    File Transfer Request

    Green Card

    Immigration Judge

    International Marriage Brokers Act

    Immigration and Nationality Act

    Is an online appointment so you can go to your DO if you have a doubt or want to know something about your case in person or to request your interim EAD

    Immigration and Naturalization Service (now called USCIS)

    Immigration officer / Interviewing officer

    Immigration Reform and Control Act of 1986

    Internal Revenue Service

    Internet Service Provider

    Immigrant Visa

    Immigrant Visa Applicant Control System

    John F. Kennedy International Airport

    Kentucky Consular Center

    Labor Condition Application

    Lawful Permanent Resident

    Lawful Permanent Resident Alien

    Last Update Date on your on-line portfolio at USCIS website. It is the date when they last took action on your application, could be anything.

    Machine Readable Data

    Machine Readable Passport

    Machine Readable Visa

    Missouri Service Center

    Notice Date (When USCIS notified you that they received your application)

    National Data Entry Center

    Non Immigrant Visa

    Notice of Action is your receipt/letter that you received after you filed your forms (indicates I-797C)

    Notice of Proposed Rule Making

    Notice To Appear

    Nebraska Service Center

    National Visa Center

    New York District Office

    Office of Management and Budget

    Optional Practical Training

    Other Than Mexican

    Police Clearance Certificate

    Priority Date

    Port of Entry

    Permanent Resident (Also LPR - Legal Permanent Resident)

    Quality Assurance

    Receipt Date (When USCIS received your application)

    Remote Adjudications Center

    Request for Evidence

    Request for Initial Evidence

    Service Center (this is used with a prefix, eg CSC - California Service Center; MSC - Missouri Service Center, that is the address from where you will received your NOA (Notice of Action))

    Supervisory Detention & Deportation Officer

    Student Exchange Visitor Information System

    Student and Exchange Visitor Program

    Social Security Administration

    Social Security Number

    State Workforce Agency

    When the UCSIS "Touches" your petition or file it means that an action was taken which required your file to be physically touched or moved. Example: Your file is touched when it is given to an adjudicator to process.

    Temporary Protected Status

    Texas Service Center

    Transit Without Visa

    US Citizen

    U.S. Citizenship and Immigration Services

    System in airports that captures biometrics of people entering the country

    Voluntary Return

    Vermont Service Center

    Visa Waiver Program

    Western Application Center

    Western Regional Office

    Alien's Change of Address Form

    NAFTA Professional visa

    NAFTA Professional Dependant visa

    Pre-Flight Inspection

    PERM Processing: Program Electronic Review Management

    Individual Taxpayer Identification Number

    Interim EAD

    Application to Replace Permanent Residence Card

    Employment Eligibility Verification

    Affidavit of Support

    Application for Employment Authorization

    Green Card

    Application To Register Permanent Residence or Adjust Status

    Welcome Notice

    Immigrant Petition for Alien Worker

    Affidavit of Support

    Application for Travel Document

    Advance Parole or AP (Form I-131): The authorization to travel outside the US while your adjustment of status is pending. Note, Form I-131 is also used for Reentry Permit, an application by a US green card holder to be away from USA for over one year.

    Administrative Appeals Office

    Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student’s major area of study. Under the prior rules, an F-1 student could be authorized to receive up to a total of 12 months of practical training either before (pre-) and/or after (post-) completion of studies.

    This is an abbreviation for test_term and can be deleted

    AC21 is the name given to a law that provides for several matters including the ability to change jobs while an employment-based green card is pending (I-485 AC21 portability) and to start working for an H-1B employer as soon as transfer petition is filed with the USCIS.

    AC21 is the name given to a law that provides for several matters including the ability to change jobs while an employment-based green card is pending (I-485 AC21 portability) and to start working for an H-1B employer as soon as transfer petition is filed with the USCIS.

    American Immigration Lawyers Association

    Bureau of Educational and Cultural Affairs

    The process though which a person within USA obtains a change in their status to green card holder. This is usually the last step for (most not all) green card process.

    Includes Zoologists, Botanists

    Includes occupations in biochemistry, cytology, genetics, physiology

    Fashion Models

    Hotel management and related professions

    An alternative to obtaining the last step in the green card through the consulates outside USA. This is an alternative to adjustment of status.

    DOD (Department of Defense) project visas.

    Includes CPA's CA's and all other accountants and auditors

    Violence Against Women Act

    Child Status Protection Act

    Labor Condition Application. This is a part of some nonimmigrant visa applications process including H-1 visas. Not to be confused with "Labor Certification" also known as PERM, which is a part of the green card process. An LCA, or Labor Condition Application, is required to be submitted to and certified by the U.S. Department of Labor as a part of an H-1B application. The LCA serves to ensure that U.S. wages will not be depressed by the hiring of the H-1B employee and that the H-1B worker will not be exploited. In the LCA, the employer guarantees that it will pay the H-1B worker the required wage, which is the greater of the prevailing wage or the actual wage paid to other employees in the same position; that the H-1B employee will not displace a U.S. worker; and that the employment will not adversely affect the working conditions of workers similarly employed in the area of intended employment.

    Also known as CIS Ombudsman, this office provides recommendations for resolving individual and employer problems with the USCIS. As mandated by the Homeland Security Act of 2002 § 452, CIS Ombudsman is an independent office that reports directly to the Deputy Secretary of Homeland Security. http://www.dhs.gov/xabout/structure/editorial_0482.shtm

    PERM audits typically involve questions from the USDOL regarding the PERM filing.

    Used mostly in the context of the last step in green card processing (Adjustment of Status), preadjudication means USCIS is proceeding to make decision on the file even though priority date is not yet current. The idea is that way when the PD gets current, all they need to do is send approval notice and then the green card. So if the AOS is preadjudicated, you still need to wait for the PD to become current.

    Petition for a conditional resident who obtained status through marriage to apply to remove the conditions on his or her residence.

    Vermont Service Center

    California Service Center

    Nebraska Service Center

    Texas Service Center

    Office of the Chief Administrative Hearing Officer (OCAHO) is one of the three adjudicative bodies within the Executive Office for Immigration Review (EOIR). It has jurisdiction over three types of civil penalty cases: employer sanctions (INA § 274A - 8 USC § 1324a), unfair immigration-related employment practices (INA § 274B - 8 USC § 1324b), and immigration-related document fraud (INA § 274C - 8 USC § 1324c).

    Board of Alien Labor Certification Appeals is an adjudicative agency that decides in appeal PERM and wage disputes.

    Certifying Officer is the highest Department of Labor officer for a region. They are charged, amongst other things, with the responsibility to adjudicate PERM and LCA cases.

    Fraud Detection and National Security. FDNS was created to strengthen the ability of the U.S. Citizenship and
    Immigration Services (USCIS) to provide the right benefit to the right person at the right time, and no benefit to the wrong person.

    Citizenship in USA can be obtained through naturalization or through birth in USA.

    The process through which a person becomes a US Citizen.

    N-470 helps you preserve your stay abroad for naturalization under certain circumstances. So, even though you are living outside USA, you can accumulate that time for naturalization.

    Electronic System for Travel Authorization

    Congressional Research Service. A "think tank" that provides reports to members of Congress on a variety of topics relevant to current political events.

    Missouri Service Center (MSC) was transitioned into the National Benefits Center (NBC). The NBC was established to serve as the hub and conduit for USCIS local field offices by completing all pre-interview processing of Forms generally requiring an interview. This pre-processing includes conducting background security checks, performing initial evidence reviews, adjudication of associated I-765 and I-131 applications (filed with the I-485 or separately), denial of adjustment of status cases for applicants who are statutorily ineligible, and forwarding scheduled cases to the USCIS local office for adjudication. In employment based cases, transfer to NBC usually means an interview can be expected. This can occur even if PD is retrogressed.

    Online Form DS-160, Nonimmigrant Visa Electronic Application can only be used by visa applicants applying at a U.S. Embassy or Consulate which has converted to the new electronic fully online form and process. For more information visit travel.state.gov DS-160 informational webpage for a listing of embassy locations using Form DS-160. Next, visit one of the U.S. Embassy websites using the Form DS-160 and where you will apply, to review detailed nonimmigrant visa how-to-apply instructions, in addition to these FAQs.

    1. Where can I find the DS-160?
    You can access the DS-160 from the Consular Electronic Application Center website or from the link on the U.S. Embassy or Consulate website.

    The mission of the Employment and Training Administration is to contribute to the more efficient functioning of the U.S. labor market by providing high quality job training, employment, labor market information, and income maintenance services primarily through state and local workforce development systems.

    A form issued by school for applicants to obtain a Student Visa.

    A form issued by school or sponsor for applicants to obtain a J Visa.

    United Kingdom

    Cyprus Immigration

    Japan

    France

    Germany

    Ireland

    Kuwait Immigration

    Saudi Arabia Immigration

    United Arab Emirates Immigration

    Singapore Immigration

    Chile Immigration

    China Immigration new

    Egypt Immigration

    France Immigration

    Malaysia Immigration

    Maldives Immigration

    Malta Immigration

    Mauritius Immigration

    Nepal Immigration

    Norway Immigration

    New Zealand Immigration

    Romania Immigration

    South Africa Immigration

    South Korea Immigration

    Sweden Immigration

    Switzerland immigration

    Trinidad immigration

    In April of 1994, the Department of State opened a permanent Immigrant Visa processing facility at the National Visa Center (NVC) in Portsmouth, NH. The NVC processes all approved immigrant visa petitions after they are received from Citizenship and Immigration Services in the Department of Homeland Security (CIS) and retains them until the cases are ready for adjudication by a consular officer abroad.

    Every month, the Visa Office (VO) establishes Qualifying Dates that determine if a petition will be eligible for processing. Qualifying Dates are the latest priority dates that can be processed for certain visa categories. An immigrant visa petition can only become ready for further processing when the Qualifying Date in the appropriate visa category has advanced up to the priority date of the petition. Petitions may remain at NVC for several months or for many years depending on the visa category and country of birth of the visa applicant.

    NVC’s Role

    The NVC is responsible for the collection of visa application fees and visa application documentation. When an applicant's priority date meets the most recent Qualifying Date, the NVC will contact the applicant and petitioner with instructions for submitting the appropriate processing fees. After the appropriate processing fees are paid, the NVC will again contact the applicant and petitioner to request that the necessary immigrant visa documentation be submitted to the NVC.

    The U.S. Department of State's official site for U.S. visa information

    InfoPass is an Internet-based system that enables the public to go online to schedule appointments with immigration information officers at U.S. Citizenship and Immigration Services (USCIS) offices. If you have a complex immigration question or need that is best addressed by a trained USCIS officer in person, InfoPass offers a convenient alternative to waiting in line for assistance. InfoPass is a secure Internet site.

    8 C.F.R. ง 214.3(l)(1)(ii):

    (l) Designated official.

    (1) Meaning of term Designated Official. As used in งง 214.1(b), 214.2(b),
    214.2(f), 214.2(m), and 214.4, a Designated Official, Designated School
    Official (DSO), or Principal Designated School Official (PDSO), means a
    regularly employed member of the school administration whose office is
    located at the school and whose compensation does not come from commissions
    for recruitment of foreign students. An individual whose principal
    obligation to the school is to recruit foreign students for compensation
    does not qualify as a designated official. The PDSO and any other DSO must
    be named by the president, owner, or head of a school or school system. The
    PDSO and DSO may not delegate this designation to any other person.

    (i) A PDSO and DSO must be either a citizen or lawful permanent resident of
    the United States.

    (ii) Each campus must have one PDSO. The PDSO is responsible for updating
    SEVIS to reflect the addition or deletion of any DSO on his or her
    associated campus. SEVP will use the PDSO as the point of contact on any
    issues that relate to the school's compliance with the regulations, as well
    as any system alerts generated by SEVIS. SEVP may also designate certain
    functions in SEVIS for use by the PDSO only. The PDSO of the main campus is
    the only DSO authorized to submit a Form I-17 for recertification. The PDSO
    and DSO will share the same responsibilities in all other respects.

    (iii) Each school may have up to 10 designated officials at any one time,
    including the PDSO. In a multi-campus school, each campus may have up to 10
    designated officials at any one time including a required PDSO. In a private
    elementary or public or private secondary school system, however, the entire
    school system is limited to 10 designated officials at any one time
    including the PDSO.

    The DS-160, Online Nonimmigrant Visa Application, is a fully integrated online application form that is used to collect the necessary application information from a person seeking a nonimmigrant visa for temporary travel to the United States.

    OFLC processes labor certification applications for employers seeking to bring foreign workers into the United States and grants certifications in those cases where employers can demonstrate that there are not sufficient U.S. workers available, willing and qualified to perform the work at wages that meet or exceed the prevailing wage paid for the occupation in the area of intended employment.

    Designated School Official is a school officer designated to work with students and act as a representative of USCIS/ICE in certain matters.

    Student and Exchange Visitor Information System www.ice.gov/sevis.

    SEVIS is an Internet-based system that maintains accurate and current information on non-immigrant students (F and M visa), exchange visitors (J visa), and their dependents (F-2, M-2, and J-2). SEVIS enables schools and program sponsors to transmit electronic information and event notifications via the Internet, to the ICE and Department of State (DOS) throughout a student or exchange visitor’s stay in the United States. The system will reflect international student or exchange visitor status changes, such as admission at Port of Entry (POE), change of address, change in program of study, and other details. SEVIS will also provide system alerts, event notifications, and basic reports to the end-user schools, programs, and Immigration related field offices.

    SEVP acts as the bridge for government organizations that have an interest in information on foreign students. SEVP helps the Department of Homeland Security and Department of State monitor school and exchange programs and F, M and J category visitors. SEVP administers the F and M visa categories, while the Department of State manages the J exchange visitor program.
    SEVP uses the Student and Exchange Visitor Information System (SEVIS), a web-based solution, to track and monitor schools and programs, students, exchange visitors and their dependents while approved to participate in the U.S. education system.
    SEVP collects, maintains and provides the information so that only legitimate foreign students or exchange visitors gain entry to the United States. The result is an easily accessible information system that provides timely information to the Department of State, U.S. Customs and Border Protection (CBP), U.S. Citizenship and Immigration Services (USCIS) and U. S. Immigration and Customs Enforcement (ICE).
    For more details, please visit the link, http://www.ice.gov/sevis/

    Introduction:

    VIBE is a web-based adjudication tool used by USCIS to validate basic information about companies petitioning to employ alien workers. VIBE uses commercially available data from an independent information provider (IIP) to validate basic information about companies petitioning to employ certain alien workers. Dun and Bradstreet (D&B) is the current IIP for this program.

    This service is available to US based, privately held companies only. It is free of charge, and petitioning employers may access this process via D&B’s iUpdate for U.S. government customers -- a free, password-protected and encrypted online service tool offered by D&B.

    Please note that USCIS does not expect or require petitioners to contact D&B or pay any fees associated with creating or updating an existing record. Employers who wish to update their information through D&B directly may be subject to direct marketing by the organization or encounter D&B representatives who may suggest a purchase of the firm’s products and services.

    Purpose of VIBE:

    The purpose behind VIBE is to increase the efficiency of the visa petitioning process by reducing the amount of documents employers have to submit with each petition in order to prove eligibility. Furthermore, USCIS will also be able to reduce the number of RFEs issued to otherwise eligible petitioners.

    An important point to note is that USCIS will not deny a petition based solely on information from VIBE without at least first giving the petitioner an opportunity to respond to the RFEs or NOIDs issued by USCIS.

    Please note that whether or not you choose to create a record or update your record with D&B, you must respond to any RFE or NOID received from USCIS. Failure to respond could result in the denial of your petition. Furthermore, it is necessary to resolve relevant inconsistencies in the information provided by the employer, on one hand, and information available on VIBE, on the other.

    Employment Authorization Document. This is evidence that a person is authorized to work in USA. People undergoing Adjustment of Status (AOS or I-485 process) are entitled to an EAD.

    Specific information related to our team and this site.

    Deferred Action is consent by the Government not to deport (remove) an otherwise deport-able individual. Usually it is given for humanitarian reasons and work authorization is also provided. Unlawful presence is stopped during deferred action, but any unlawful presence already accrued does not get wiped away. Deferred action is not a visa or a full legal status.

    Automatic Visa Revalidation - Definition from Travel.state.gov

    Re-entering the U.S. with a Valid I-94 Form & Expired Visa is Limited
    What Is Automatic Revalidation?

    The Department of Homeland Security (DHS) U.S. Customs and Border Protection (CBP) has the authority and the responsibility over the admission of travelers to the U.S. Under the automatic revalidation provision of immigration law, certain temporary visitors holding expired nonimmigrant visas who seek to return to the U.S. may be admitted at a U.S. port of entry by CBP, if they meet certain requirements, including, but not limited to the following:

    Nonimmigrants who departed the U.S. for brief travel to Canada, Mexico, or an adjacent island (for F and J nonimmigrants) for thirty days or less;
    Nonimmigrants with a valid (unexpired) Form I-94, Arrival-Departure Record, endorsed by DHS.

    More Information about Automatic Revalidation

    For more information about automatic revalidation provisions and reentry to the U.S., visit the International Visitors webpage and the Automatic Revalidation Fact Sheet on the CBP website. Students and Exchange Visitors should review additional important information about travel outside the U.S. and reentry procedures on the DHS Immigration and Customs Enforcement (ICE) website.

    Automatic revalidation is not the same as applying for a new visa. If you apply for a new nonimmigrant visa, you cannot take advantage of automatic revalidation.
    Who Must Reapply for and Be Reissued a Visa at a U.S. Embassy or Consulate?

    This webpage explains which travelers must reapply and be reissued visas when their existing visas have expired, even if they are in possession of valid I-94 forms, in order to gain admission to reenter the U.S.

    Many nonimmigrants will need to reapply and be reissued visas to reenter the U.S. when their existing visas have expired, even if they are in possession of valid I-94 forms, because automatic revalidation applies to limited categories of travelers. Refer to the Automatic Revalidation Fact Sheet on the CBP website. The following temporary visitors whose nonimmigrant visas have expired, but who have valid I-94 forms, must reapply for and be issued nonimmigrant visas prior to their reentry to the U.S., if one or more of the following situations exists (this is not a complete listing):

    The nonimmigrant traveler with an expired nonimmigrant visa (but valid Form I-94):

    Applied for a new visa which has not yet been issued;
    Applied for a new visa and was denied;
    Has been outside of the United States for more than thirty days;
    Has traveled to a country other than Canada, Mexico, or an adjacent island which is not included in the automatic revalidation provisions;
    Is a national of a State Sponsor of Terrorism designated country, including Cuba, Iran, Syria, and Sudan. Review more about State Sponsors of Terrorism and FAQs on this website;
    Is in possession of an F student visa or J exchange visitor visa and has traveled to Cuba;
    Is in possession of an M student visa and has traveled to a location outside the U.S., other than Canada and Mexico.

    Additional Resources – Laws

    The automatic revalidation provision of U.S. immigration law is described in both 8 CFR 214.1(b) and 22 CFR 112(d).
    We Want You to Know

    Visa News
    Adoption Alerts
    Diversity Visa
    Visa Waiver Program (VWP)
    Iraqis & Afghans-SIV
    Business Visa Center
    Customer Service Statement to Visa Applicants
    Fraud Warning

    Visa denial based upon immigrant intent defined in Section 214(b) of the Immigration and Nationality Act.

    Immigrant intent becomes an issue when an applicant outside or inside USA seeks a benefit (such as a visa, when outside USA, or a change of status, when within USA) that does not allow an applicant to possess the intention of residing permanently in USA ("immigrant intent"). For example, an applicant for a visitor's visa must not have the intention to reside in USA permanently. Their visa can be refused if they have immigrant intent.

    NOIR (Notice of Intent to Revoke) is a notice the government issues when it intends to revoke (cancel) approval of a case that it has already approved. This happens when the government notices that the case either should not have been approved initially or, subsequent to the approval, has become revocable. This notice gives us a last chance to present evidence and arguments why the government should not revoke the approval.

    NOID (Notice of Intent to Deny) is a notice the government issues when it intends to deny a pending case and gives us a last chance to present evidence and arguments why it should not be denied.

    NOID (Notice of Intent to Deny) is a notice the government issues when it intends to deny a case and gives us a last chance to present evidence and arguments why it should not be denied.

    NOIR (Notice of Intent to Revoke) is a notice the government issues when it plans to remove approval of a case that it has already approved. This happens when the government notices that the case either should not have been approved initially or, subsequent to the approval, has become revocable. This notice gives us a last chance to present evidence and arguments why the government should not revoke the approval.

    NOIR (Notice of Intent to Revoke) is a notice the government issues when it plans to remove approval of a case that it has already approved. This happens when the government notices that the case either should not have been approved initially or, subsequent to the approval, has become revocable. This notice gives us a last chance to present evidence and arguments why the government should not revoke the approval.

    NOID (Notice of Intent to Deny) is a notice the government issues when it intends to deny a case and gives us a last chance to present evidence and arguments why it should not be denied.

    Science, Technology, Engineering, and Math. The term often refers to the Designated Degree program requiring a degree in one of these fields of study. STEM programs, in recognition of their importance to US interests, are awarded special consideration in certain areas under US immigration laws.

    A Returning Resident Permit, or SB-1 Visa, is what a Legal Permanent Resident (LPR or Green Card holder) can get to return to the United States after being out of the country for more than one year. When an LPR leaves the United States, they must return within a year. If they stay more than a year, they must obtain a Returning Resident Permit in order to return. This also applies to those who remain outside of the country longer than is allowed by their reentry permit.
    You apply for a returning residence visa through the consulate in your home country. There, you have to explain in quite some detail the genuine reason for your inability to return to USA within one year. It is discretionary upon the consulate whether they are convinced by the genuineness of your response or not.
    For more information, see this State Department’s webpage: http://travel.state.gov/visa/immigrants/info/info_1333.html

    A Returning Resident Permit, or SB-1 Visa, is what a Legal Permanent Resident (LPR or Green Card holder) can get to return to the United States after being out of the country for more than one year. When an LPR leaves the United States, they must return within a year. If they stay more than a year, they must obtain a Returning Resident Permit in order to return. This also applies to those who remain outside of the country longer than is allowed by their reentry permit.
    You apply for a returning residence visa through the consulate in your home country. There, you have to explain in quite some detail the genuine reason for your inability to return to USA within one year. It is discretionary upon the consulate whether they are convinced by the genuineness of your response or not.
    For more information, see this State Department’s webpage: http://travel.state.gov/visa/immigrants/info/info_1333.html

    U.S. Legislature responsible for making laws. Consists of two houses: Senate and the House of Representatives.

    One of the two houses of U.S. Legislature responsible for making laws. The other is the House of Representatives.

    One of the two houses of U.S. Legislature responsible for making laws. The other is the Senate.

    Default Web Links group

  6. Thursday,...
    Question: What are the basic requirements for an F-1 to reenter the United States after traveling abroad on pleasure or personal business?
    Answer:

    This section of the FAQ applies to continuing F-1 students who travel outside the United States for five months or less.

    Students should consult their Designated School Official (DSO) prior to traveling. Your DSO generally works in the International Student Office. You must have a current SEVIS Form I-20 endorsed for travel and your DSO needs to be able to verify that your SEVIS record is accurate and up-to-date.

    1. What are the basic requirements for an F-1 to reenter the United States after traveling abroad on pleasure or personal business?

    • A Form I-20, endorsed for travel and signed by your DSO
    • You have been out of the United States for less than five months
    • A current passport valid for at least six months after the date of your reentry or, if you are from one of the countries listed below, a passport that is current through the date of entry
    • A valid, current visa or you traveled to contiguous country or adjacent island for less than thirty days
    • Financial information showing proof of necessary funds to cover tuition and living expenses

    If you are from a visa exempt country, you do not need a visa to reenter the United States from the western hemisphere, but make sure that you present your I-20 to be admitted as an F-1 student and not a visitor.

    2. What if my F-1 student visa has expired?

    You can stay in the United States on an expired F-1 visa as long as you maintain your student status. However, if you are returning home or traveling to a country where automatic revalidation does not apply, you must have a valid visa to return to the United States.

    Ensure that you have all the documentation you need for your visa application and allow sufficient time for processing a new visa. The documentation you may need for a new visa includes, but is not limited to the following:

    • A Form I-20, endorsed for travel and signed by your DSO (see your DSO before you travel)
    • Original evidence showing proof of necessary funds to cover tuition and living expenses
    • Evidence showing your intention to return to your home country upon program completion, including evidence of compelling social and economic ties to your home country
    • If you have applied for or had optional practical training (OPT) approved, bring a copy of your Form I-20 endorsed for OPT and your Employment Authorization Document (EAD), if you have one

    The Department of State recommends that you apply for a visa in your home country. For more information about visa applications visit the Department of State (DoS) website at http://travel.state.gov/.

    You can apply in a third country for a visa, but you will not be able to return to the United States until DoS issues your visa. In some cases, this could take several weeks if DoS requires a background check. If DoS denies your visa, you will not be able to return to the United States. Be sure to check the DoS website for specific information pertaining to each embassy or consulate.

     

    If you have an expired visa and a terminated record, we strongly advise that you do not travel outside the United States until your SEVIS record shows that you are in active status. If you do travel, you may not be able to renew your visa or return to the United States.

    3. As a continuing student, will I need to pay the I-901 SEVIS fee if I travel outside the United States?

    No. See the I-901 FAQ for detailed information on the I-901 SEVIS fee.

    4. I wish to travel to Canada, Mexico, or one of the islands (other than Cuba) adjacent to the United States. Can I return if my visa is expired?

    Yes, in most cases. You can usually revalidate an expired visa automatically when returning from a visit of less than thirty days to Canada, Mexico, or one of the islands adjacent to the United States (other than Cuba) provided that you have a valid Form I-20 and a valid unexpired Form I-94. This process is known as automatic visa revalidation.

    However, if you meet any one of following criteria, you will not be able to automatically revalidate your visa.

    • You applied for a new visa and DoS has not yet issued it to you
    • You applied for a new visa and DoS denied the application
    • You have a terminated SEVIS record indicating that you are out of status
    • You have been out the United States for more than thirty days

    5. Which islands are defined as “adjacent islands”?

    The adjacent islands are:

    • Saint Pierre
    • Miquelon
    • Cuba
    • The Dominican Republic
    • Haiti
    • Bermuda
    • The Bahamas
    • Barbados
    • Jamaica
    • The Windward and Leeward Islands
    • Trinidad
    • Martinique
    • Other British, French, and Netherlands territory or possessions in or bordering on the Caribbean Sea

    ( INA, Section 101(b)(5))

    6. How do I know if I have a terminated record in SEVIS?

    Your DSO can tell you your SEVIS record status and give you appropriate travel related advice.

    7. I want to travel outside the United States, but my SEVIS record is in terminated status. Can I return if I travel?

    If you need to travel on a terminated record, you must first visit your DSO. If your school has requested a data fix, the DSO will put your help desk ticket number on your Form I-20 and report your pending travel to SEVP.

    There is no guarantee that Customs and Border Protection (CBP) will readmit you to the United States if you travel on a terminated record. In most cases, CBP inspectors will allow you to reenter the United States if you are otherwise admissible and your DSO has properly annotated your Form I-20. It is likely, however, that the CBP officer at the port of entry will send you to secondary inspection while they determine whether you are eligible to return to the United States.

    8. Can I travel outside the United States if I have a Form I-485 adjustment of status application pending?

    No, not without advance permission. If you depart the United States with a pending Form I-485, you have abandoned your application unless you receive permission in advance from USCIS to return to the United States. We call this Advance Parole. Additionally, CBP may also consider you ineligible to return to the United States as an F-1 student because your application to change status to that of a permanent resident is evidence of intent to immigrate, which is inconsistent with nonimmigrant student status.

    9. Can I reestablish F-1 student status by obtaining a new initial Form I-20 and reentering the United States?

    Yes. However, you will be considered an initial student for SEVIS purposes. You will have to pay the I-901 SEVIS fee again and you will lose any time that you have accrued toward qualification for training (OPT) or employment.

    You must have the new Form I-20 showing that you are entering on a new SEVIS ID number.

    You should be aware that the CBP inspecting officer will determine whether or not to admit you to the United States with the new Form I-20. If you did not comply with the terms of your status during a prior stay in the United States, the CBP officer may decide that you are not eligible to reenter.

    10. Can I reenter during the 60-day period after finishing my program or OPT?

    No. The 60-day “grace” period is only to prepare to leave the country.

    11. Can I reenter if my request for OPT is pending?

    Yes, but traveling during this time should be undertaken with caution. USCIS may send you a request for evidence while you are away, however, so you would want to make sure you have provided a correct U.S. address both to your DSO and on the application and would be able to send in requested documents. Also, if USCIS approves your OPT application, you will be expected to have your EAD in hand to re-enter the United States. Like a request for further information, USCIS can only send the EAD to your U.S. address.

    12. Can I reenter if I left while on OPT?

    If USCIS has approved your OPT you will be expected to have your EAD in hand to re-enter the United States, in addition to your Form I-20, valid passport and visa, and a letter of employment if you have one. If you exceed the limits on unemployment while outside the United States, you will not be eligible to re-enter the United States in F-1 status.

    13. Are there any other requirements for travel outside the United States?

    The questions above outline the general requirements for reentry for F-1 students. However, because individual circumstances vary, consult your DSO, embassy, or legal advisor before traveling. Planning for your trip early ensures that you have enough time to get all of your travel documents in order.

    If you are not returning to your home country, you should check the requirements of the country you are visiting. Some countries require a visa. You may also need a transit visa for countries where you are making a connecting flight. Be sure to check before you travel. Most countries have immigration websites that provide visa information. If you have additional questions, please contact SEVP atSEVP@ice.dhs.gov or call us at 703-603-3400.

    For more information please visit this link: http://www.ice.gov/sevis/travel/faq_f2.htm



     


     


    This content is tagged for employers and Human Resources professionals responsible for hiring foreign professionals/workers in USA

    US Department of Labor is charged with protecting the labor market and investigation and enforcement activities related to that.

    Immigration and Custom Enforcement. This agency used to be a part of old INS. When DHS was formed, enforcement personnel of US Customs Service and INS were combined to form ICE, which is now responsible for a large part of immigration enforcement activity.

    Department of State (State Department) is responsible for issuing visas, which are a permission to travel to USA.

    A method to obtain green card used to avoid the need for PERM based labor certification.

    Customs and Border Protection. This agency was spun off from old INS. CBP is responsible for inspecting people when they land at airports, docks and land borders.

    To qualify for an A-1 (or A-2 visa), you must be traveling to the United States on behalf of your national government to engage solely in official activities for that government.  The fact that there may be government interest or control in a given organization is not in itself the defining factor in determining if you qualify for an A visa; the particular duties or services that will be performed must be governmental in character or nature, as determined by the United States Department of State, in accordance with U.S. immigration laws. Government officials traveling to the United States to perform non-governmental functions of a commercial nature, or traveling as tourists, require some other appropriate visa, and do not qualify for A visas.

    To qualify for an A-2 (or A-1 visa), you must be traveling to the United States on behalf of your national government to engage solely in official activities for that government. The fact that there may be government interest or control in a given organization is not in itself the defining factor in determining if you qualify for an A visa; the particular duties or services that will be performed must be governmental in character or nature, as determined by the United States Department of State, in accordance with U.S. immigration laws. Government officials traveling to the United States to perform non-governmental functions of a commercial nature, or traveling as tourists, require some other appropriate visa, and do not qualify for A visas.

    Consulates all over the world issue visas - a permission to enter USA for a specific purpose. Consulates are a part of the State Department (DOS - Department of State).

    Bangladesh Immigration

    Indonesia Immigration

    I-94 aka Arrival Departure Record is what governs your status in the USA. An expired I-94 can lead to bar from entering USA for 3 to 10 years.See details on &quot;Unlawful Presence&quot;.

    When used in relation to immigration, this is another name for being LEGALLY present in the USA

    This is a complicated term. Very simply (there is a lot more to it), you could have your status expire and still be authorized to stay in USA awaiting the outcome of a legally filed petition. This is something less than "Status" but much better than "Unlawful Presence."

    This is another complicated concept with some very serious consequences. Briefly, if you have been unlawfully present in USA for more than 180 days, you cannot come back to USA for 3 years and if unlawfully present for a year or more, you cannot come back for 10 years. Very generally speaking unlawful presence begins after expiration of the I-94 or after having been asked by the govt. to leave USA.

    These are topics related to appeals and motions for reconsideration or reopening of decisions (MTR) by govt. agencies such as USCIS, USDOL, etc.

    These are topics related to appeals and motions for reconsideration or reopening of decisions (MTR) by govt. agencies such as USCIS, USDOL, etc.

    Adjustment of Status

    Includes topics of loss of physical green card papers or the card itself as well as loss of green card through abandonment and criminal activity.

    When used in relation to immigration, this is another name for extending your status.

    Employees working in USA

    Personal employees, attendants and servants of A-1 and A-2 visa holders.

    EB4 category is for religious workers.

    “Priority Date” determines your place in the queue for waiting for green card in the categories where there is a wait. When the govt. has reached your PD, it is said to be “current.” For family-based green cards, PD is the date your I-130 was filed; for PERM-based cases, the date your PERM was filed; for employment-based cases other than through PERM (like EB-1 cases), PD is the date your I-140 was filed. DOS publishes the movement of the PD queue every month in the Visa Bulletin: http://www.immigration.com/visa-bulletin

    A publication of the US State Department that keeps track of the green card backlogs and informs us which "Priority Dates" are current so the applicants can expect to get through the last step of their green card processing. This is published every month around the 14th and tells us the availability for the following month. Note that certain categories of applicants ("immediate relatives") such as spouse of a US citizen are not shown in the visa bulletin because they are entitled to have their applications considered without any wait.

    Bureau of Citizenship and Immigration Services (now USCIS)

    Central Intelligence Agency

    Department of Homeland Security

    Department of Justice

    Federal Bureau of Investigation

    Immigration and Naturalization Service (now reconstituted into USCIS)

    Internal Revenue Service

    Office of Management and Budget

    Social Security Administration

    U.S. Citizenship and Immigration Services. Earlier known as INS. USCIS is responsible for providing immigration benefits to applicants. Homepage http://wwww.uscis.gov

    American Competitiveness and Workforce Improvement Act of 1998.

    Approval Date (When your application was approved)

    Alien Documentation, Identification & Telecommunications System

    Assistant Field Office Director

    Abbreviation for American Immigration Lawyers Association.

    Adjudications Officer

    Administrative Review

    Application Support Center: offers biometric services including fingerprinting services

    Birth Certificate

    Bureau of Citizenship and Immigration Services (now USCIS)

    Board of Immigrant Appeals

    Biometrics (include Digital photo, index finger print and your digital signature). This is needed for the production of Green Card.

    Customs and Border Protection

    Central Intelligence Agency

    Citizenship and Immigration Services

    Consulate Officer

    Consular Processing

    Conditional Permanent Resident

    Curricular Practical Training

    Central Regional Office

    California Service Center

    Cancelled Without Prejudice

    Deputy Field Office Director

    Department of Homeland Security

    Drivers License

    Department of Motor Vehicles

    Department of Justice

    Department of Labor

    Dallas Office Rapid Adjustment of Status

    Department of State

    Detention and Removal Operations

    Diversity Visa (a.k.a. Green Card Lottery)

    Eastern Application Center

    Employment Authorization Document (I-765, approval to work while waiting for Adjustment of Status - AOS Approval)

    Electronic Data Systems

    Executive Office of Immigration Review

    Expedited Removal

    Eastern Regional Office

    Entered Without Inspection

    Foreign Affairs Manual

    Federal Bureau of Investigation

    Field Office Director

    Finger Print

    File Transfer Request

    Green Card

    Immigration Judge

    International Marriage Brokers Act

    Immigration and Nationality Act

    Is an online appointment so you can go to your DO if you have a doubt or want to know something about your case in person or to request your interim EAD

    Immigration and Naturalization Service (now called USCIS)

    Immigration officer / Interviewing officer

    Immigration Reform and Control Act of 1986

    Internal Revenue Service

    Internet Service Provider

    Immigrant Visa

    Immigrant Visa Applicant Control System

    John F. Kennedy International Airport

    Kentucky Consular Center

    Labor Condition Application

    Lawful Permanent Resident

    Lawful Permanent Resident Alien

    Last Update Date on your on-line portfolio at USCIS website. It is the date when they last took action on your application, could be anything.

    Machine Readable Data

    Machine Readable Passport

    Machine Readable Visa

    Missouri Service Center

    Notice Date (When USCIS notified you that they received your application)

    National Data Entry Center

    Non Immigrant Visa

    Notice of Action is your receipt/letter that you received after you filed your forms (indicates I-797C)

    Notice of Proposed Rule Making

    Notice To Appear

    Nebraska Service Center

    National Visa Center

    New York District Office

    Office of Management and Budget

    Optional Practical Training

    Other Than Mexican

    Police Clearance Certificate

    Priority Date

    Port of Entry

    Permanent Resident (Also LPR - Legal Permanent Resident)

    Quality Assurance

    Receipt Date (When USCIS received your application)

    Remote Adjudications Center

    Request for Evidence

    Request for Initial Evidence

    Service Center (this is used with a prefix, eg CSC - California Service Center; MSC - Missouri Service Center, that is the address from where you will received your NOA (Notice of Action))

    Supervisory Detention & Deportation Officer

    Student Exchange Visitor Information System

    Student and Exchange Visitor Program

    Social Security Administration

    Social Security Number

    State Workforce Agency

    When the UCSIS "Touches" your petition or file it means that an action was taken which required your file to be physically touched or moved. Example: Your file is touched when it is given to an adjudicator to process.

    Temporary Protected Status

    Texas Service Center

    Transit Without Visa

    US Citizen

    U.S. Citizenship and Immigration Services

    System in airports that captures biometrics of people entering the country

    Voluntary Return

    Vermont Service Center

    Visa Waiver Program

    Western Application Center

    Western Regional Office

    Alien's Change of Address Form

    NAFTA Professional visa

    NAFTA Professional Dependant visa

    Pre-Flight Inspection

    PERM Processing: Program Electronic Review Management

    Individual Taxpayer Identification Number

    Interim EAD

    Application to Replace Permanent Residence Card

    Employment Eligibility Verification

    Affidavit of Support

    Application for Employment Authorization

    Green Card

    Application To Register Permanent Residence or Adjust Status

    Welcome Notice

    Immigrant Petition for Alien Worker

    Affidavit of Support

    Application for Travel Document

    Advance Parole or AP (Form I-131): The authorization to travel outside the US while your adjustment of status is pending. Note, Form I-131 is also used for Reentry Permit, an application by a US green card holder to be away from USA for over one year.

    Administrative Appeals Office

    Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student’s major area of study. Under the prior rules, an F-1 student could be authorized to receive up to a total of 12 months of practical training either before (pre-) and/or after (post-) completion of studies.

    This is an abbreviation for test_term and can be deleted

    AC21 is the name given to a law that provides for several matters including the ability to change jobs while an employment-based green card is pending (I-485 AC21 portability) and to start working for an H-1B employer as soon as transfer petition is filed with the USCIS.

    AC21 is the name given to a law that provides for several matters including the ability to change jobs while an employment-based green card is pending (I-485 AC21 portability) and to start working for an H-1B employer as soon as transfer petition is filed with the USCIS.

    American Immigration Lawyers Association

    Bureau of Educational and Cultural Affairs

    The process though which a person within USA obtains a change in their status to green card holder. This is usually the last step for (most not all) green card process.

    Includes Zoologists, Botanists

    Includes occupations in biochemistry, cytology, genetics, physiology

    Fashion Models

    Hotel management and related professions

    An alternative to obtaining the last step in the green card through the consulates outside USA. This is an alternative to adjustment of status.

    DOD (Department of Defense) project visas.

    Includes CPA's CA's and all other accountants and auditors

    Violence Against Women Act

    Child Status Protection Act

    Labor Condition Application. This is a part of some nonimmigrant visa applications process including H-1 visas. Not to be confused with "Labor Certification" also known as PERM, which is a part of the green card process. An LCA, or Labor Condition Application, is required to be submitted to and certified by the U.S. Department of Labor as a part of an H-1B application. The LCA serves to ensure that U.S. wages will not be depressed by the hiring of the H-1B employee and that the H-1B worker will not be exploited. In the LCA, the employer guarantees that it will pay the H-1B worker the required wage, which is the greater of the prevailing wage or the actual wage paid to other employees in the same position; that the H-1B employee will not displace a U.S. worker; and that the employment will not adversely affect the working conditions of workers similarly employed in the area of intended employment.

    Also known as CIS Ombudsman, this office provides recommendations for resolving individual and employer problems with the USCIS. As mandated by the Homeland Security Act of 2002 § 452, CIS Ombudsman is an independent office that reports directly to the Deputy Secretary of Homeland Security. http://www.dhs.gov/xabout/structure/editorial_0482.shtm

    PERM audits typically involve questions from the USDOL regarding the PERM filing.

    Used mostly in the context of the last step in green card processing (Adjustment of Status), preadjudication means USCIS is proceeding to make decision on the file even though priority date is not yet current. The idea is that way when the PD gets current, all they need to do is send approval notice and then the green card. So if the AOS is preadjudicated, you still need to wait for the PD to become current.

    Petition for a conditional resident who obtained status through marriage to apply to remove the conditions on his or her residence.

    Vermont Service Center

    California Service Center

    Nebraska Service Center

    Texas Service Center

    Office of the Chief Administrative Hearing Officer (OCAHO) is one of the three adjudicative bodies within the Executive Office for Immigration Review (EOIR). It has jurisdiction over three types of civil penalty cases: employer sanctions (INA § 274A - 8 USC § 1324a), unfair immigration-related employment practices (INA § 274B - 8 USC § 1324b), and immigration-related document fraud (INA § 274C - 8 USC § 1324c).

    Board of Alien Labor Certification Appeals is an adjudicative agency that decides in appeal PERM and wage disputes.

    Certifying Officer is the highest Department of Labor officer for a region. They are charged, amongst other things, with the responsibility to adjudicate PERM and LCA cases.

    Fraud Detection and National Security. FDNS was created to strengthen the ability of the U.S. Citizenship and
    Immigration Services (USCIS) to provide the right benefit to the right person at the right time, and no benefit to the wrong person.

    Citizenship in USA can be obtained through naturalization or through birth in USA.

    The process through which a person becomes a US Citizen.

    N-470 helps you preserve your stay abroad for naturalization under certain circumstances. So, even though you are living outside USA, you can accumulate that time for naturalization.

    Electronic System for Travel Authorization

    Congressional Research Service. A "think tank" that provides reports to members of Congress on a variety of topics relevant to current political events.

    Missouri Service Center (MSC) was transitioned into the National Benefits Center (NBC). The NBC was established to serve as the hub and conduit for USCIS local field offices by completing all pre-interview processing of Forms generally requiring an interview. This pre-processing includes conducting background security checks, performing initial evidence reviews, adjudication of associated I-765 and I-131 applications (filed with the I-485 or separately), denial of adjustment of status cases for applicants who are statutorily ineligible, and forwarding scheduled cases to the USCIS local office for adjudication. In employment based cases, transfer to NBC usually means an interview can be expected. This can occur even if PD is retrogressed.

    Online Form DS-160, Nonimmigrant Visa Electronic Application can only be used by visa applicants applying at a U.S. Embassy or Consulate which has converted to the new electronic fully online form and process. For more information visit travel.state.gov DS-160 informational webpage for a listing of embassy locations using Form DS-160. Next, visit one of the U.S. Embassy websites using the Form DS-160 and where you will apply, to review detailed nonimmigrant visa how-to-apply instructions, in addition to these FAQs.

    1. Where can I find the DS-160?
    You can access the DS-160 from the Consular Electronic Application Center website or from the link on the U.S. Embassy or Consulate website.

    The mission of the Employment and Training Administration is to contribute to the more efficient functioning of the U.S. labor market by providing high quality job training, employment, labor market information, and income maintenance services primarily through state and local workforce development systems.

    A form issued by school for applicants to obtain a Student Visa.

    A form issued by school or sponsor for applicants to obtain a J Visa.

    United Kingdom

    Cyprus Immigration

    Japan

    France

    Germany

    Ireland

    Kuwait Immigration

    Saudi Arabia Immigration

    United Arab Emirates Immigration

    Singapore Immigration

    Chile Immigration

    China Immigration new

    Egypt Immigration

    France Immigration

    Malaysia Immigration

    Maldives Immigration

    Malta Immigration

    Mauritius Immigration

    Nepal Immigration

    Norway Immigration

    New Zealand Immigration

    Romania Immigration

    South Africa Immigration

    South Korea Immigration

    Sweden Immigration

    Switzerland immigration

    Trinidad immigration

    In April of 1994, the Department of State opened a permanent Immigrant Visa processing facility at the National Visa Center (NVC) in Portsmouth, NH. The NVC processes all approved immigrant visa petitions after they are received from Citizenship and Immigration Services in the Department of Homeland Security (CIS) and retains them until the cases are ready for adjudication by a consular officer abroad.

    Every month, the Visa Office (VO) establishes Qualifying Dates that determine if a petition will be eligible for processing. Qualifying Dates are the latest priority dates that can be processed for certain visa categories. An immigrant visa petition can only become ready for further processing when the Qualifying Date in the appropriate visa category has advanced up to the priority date of the petition. Petitions may remain at NVC for several months or for many years depending on the visa category and country of birth of the visa applicant.

    NVC’s Role

    The NVC is responsible for the collection of visa application fees and visa application documentation. When an applicant's priority date meets the most recent Qualifying Date, the NVC will contact the applicant and petitioner with instructions for submitting the appropriate processing fees. After the appropriate processing fees are paid, the NVC will again contact the applicant and petitioner to request that the necessary immigrant visa documentation be submitted to the NVC.

    The U.S. Department of State's official site for U.S. visa information

    InfoPass is an Internet-based system that enables the public to go online to schedule appointments with immigration information officers at U.S. Citizenship and Immigration Services (USCIS) offices. If you have a complex immigration question or need that is best addressed by a trained USCIS officer in person, InfoPass offers a convenient alternative to waiting in line for assistance. InfoPass is a secure Internet site.

    8 C.F.R. ง 214.3(l)(1)(ii):

    (l) Designated official.

    (1) Meaning of term Designated Official. As used in งง 214.1(b), 214.2(b),
    214.2(f), 214.2(m), and 214.4, a Designated Official, Designated School
    Official (DSO), or Principal Designated School Official (PDSO), means a
    regularly employed member of the school administration whose office is
    located at the school and whose compensation does not come from commissions
    for recruitment of foreign students. An individual whose principal
    obligation to the school is to recruit foreign students for compensation
    does not qualify as a designated official. The PDSO and any other DSO must
    be named by the president, owner, or head of a school or school system. The
    PDSO and DSO may not delegate this designation to any other person.

    (i) A PDSO and DSO must be either a citizen or lawful permanent resident of
    the United States.

    (ii) Each campus must have one PDSO. The PDSO is responsible for updating
    SEVIS to reflect the addition or deletion of any DSO on his or her
    associated campus. SEVP will use the PDSO as the point of contact on any
    issues that relate to the school's compliance with the regulations, as well
    as any system alerts generated by SEVIS. SEVP may also designate certain
    functions in SEVIS for use by the PDSO only. The PDSO of the main campus is
    the only DSO authorized to submit a Form I-17 for recertification. The PDSO
    and DSO will share the same responsibilities in all other respects.

    (iii) Each school may have up to 10 designated officials at any one time,
    including the PDSO. In a multi-campus school, each campus may have up to 10
    designated officials at any one time including a required PDSO. In a private
    elementary or public or private secondary school system, however, the entire
    school system is limited to 10 designated officials at any one time
    including the PDSO.

    The DS-160, Online Nonimmigrant Visa Application, is a fully integrated online application form that is used to collect the necessary application information from a person seeking a nonimmigrant visa for temporary travel to the United States.

    OFLC processes labor certification applications for employers seeking to bring foreign workers into the United States and grants certifications in those cases where employers can demonstrate that there are not sufficient U.S. workers available, willing and qualified to perform the work at wages that meet or exceed the prevailing wage paid for the occupation in the area of intended employment.

    Designated School Official is a school officer designated to work with students and act as a representative of USCIS/ICE in certain matters.

    Student and Exchange Visitor Information System www.ice.gov/sevis.

    SEVIS is an Internet-based system that maintains accurate and current information on non-immigrant students (F and M visa), exchange visitors (J visa), and their dependents (F-2, M-2, and J-2). SEVIS enables schools and program sponsors to transmit electronic information and event notifications via the Internet, to the ICE and Department of State (DOS) throughout a student or exchange visitor’s stay in the United States. The system will reflect international student or exchange visitor status changes, such as admission at Port of Entry (POE), change of address, change in program of study, and other details. SEVIS will also provide system alerts, event notifications, and basic reports to the end-user schools, programs, and Immigration related field offices.

    SEVP acts as the bridge for government organizations that have an interest in information on foreign students. SEVP helps the Department of Homeland Security and Department of State monitor school and exchange programs and F, M and J category visitors. SEVP administers the F and M visa categories, while the Department of State manages the J exchange visitor program.
    SEVP uses the Student and Exchange Visitor Information System (SEVIS), a web-based solution, to track and monitor schools and programs, students, exchange visitors and their dependents while approved to participate in the U.S. education system.
    SEVP collects, maintains and provides the information so that only legitimate foreign students or exchange visitors gain entry to the United States. The result is an easily accessible information system that provides timely information to the Department of State, U.S. Customs and Border Protection (CBP), U.S. Citizenship and Immigration Services (USCIS) and U. S. Immigration and Customs Enforcement (ICE).
    For more details, please visit the link, http://www.ice.gov/sevis/

    Introduction:

    VIBE is a web-based adjudication tool used by USCIS to validate basic information about companies petitioning to employ alien workers. VIBE uses commercially available data from an independent information provider (IIP) to validate basic information about companies petitioning to employ certain alien workers. Dun and Bradstreet (D&B) is the current IIP for this program.

    This service is available to US based, privately held companies only. It is free of charge, and petitioning employers may access this process via D&B’s iUpdate for U.S. government customers -- a free, password-protected and encrypted online service tool offered by D&B.

    Please note that USCIS does not expect or require petitioners to contact D&B or pay any fees associated with creating or updating an existing record. Employers who wish to update their information through D&B directly may be subject to direct marketing by the organization or encounter D&B representatives who may suggest a purchase of the firm’s products and services.

    Purpose of VIBE:

    The purpose behind VIBE is to increase the efficiency of the visa petitioning process by reducing the amount of documents employers have to submit with each petition in order to prove eligibility. Furthermore, USCIS will also be able to reduce the number of RFEs issued to otherwise eligible petitioners.

    An important point to note is that USCIS will not deny a petition based solely on information from VIBE without at least first giving the petitioner an opportunity to respond to the RFEs or NOIDs issued by USCIS.

    Please note that whether or not you choose to create a record or update your record with D&B, you must respond to any RFE or NOID received from USCIS. Failure to respond could result in the denial of your petition. Furthermore, it is necessary to resolve relevant inconsistencies in the information provided by the employer, on one hand, and information available on VIBE, on the other.

    Employment Authorization Document. This is evidence that a person is authorized to work in USA. People undergoing Adjustment of Status (AOS or I-485 process) are entitled to an EAD.

    Specific information related to our team and this site.

    Deferred Action is consent by the Government not to deport (remove) an otherwise deport-able individual. Usually it is given for humanitarian reasons and work authorization is also provided. Unlawful presence is stopped during deferred action, but any unlawful presence already accrued does not get wiped away. Deferred action is not a visa or a full legal status.

    Automatic Visa Revalidation - Definition from Travel.state.gov

    Re-entering the U.S. with a Valid I-94 Form & Expired Visa is Limited
    What Is Automatic Revalidation?

    The Department of Homeland Security (DHS) U.S. Customs and Border Protection (CBP) has the authority and the responsibility over the admission of travelers to the U.S. Under the automatic revalidation provision of immigration law, certain temporary visitors holding expired nonimmigrant visas who seek to return to the U.S. may be admitted at a U.S. port of entry by CBP, if they meet certain requirements, including, but not limited to the following:

    Nonimmigrants who departed the U.S. for brief travel to Canada, Mexico, or an adjacent island (for F and J nonimmigrants) for thirty days or less;
    Nonimmigrants with a valid (unexpired) Form I-94, Arrival-Departure Record, endorsed by DHS.

    More Information about Automatic Revalidation

    For more information about automatic revalidation provisions and reentry to the U.S., visit the International Visitors webpage and the Automatic Revalidation Fact Sheet on the CBP website. Students and Exchange Visitors should review additional important information about travel outside the U.S. and reentry procedures on the DHS Immigration and Customs Enforcement (ICE) website.

    Automatic revalidation is not the same as applying for a new visa. If you apply for a new nonimmigrant visa, you cannot take advantage of automatic revalidation.
    Who Must Reapply for and Be Reissued a Visa at a U.S. Embassy or Consulate?

    This webpage explains which travelers must reapply and be reissued visas when their existing visas have expired, even if they are in possession of valid I-94 forms, in order to gain admission to reenter the U.S.

    Many nonimmigrants will need to reapply and be reissued visas to reenter the U.S. when their existing visas have expired, even if they are in possession of valid I-94 forms, because automatic revalidation applies to limited categories of travelers. Refer to the Automatic Revalidation Fact Sheet on the CBP website. The following temporary visitors whose nonimmigrant visas have expired, but who have valid I-94 forms, must reapply for and be issued nonimmigrant visas prior to their reentry to the U.S., if one or more of the following situations exists (this is not a complete listing):

    The nonimmigrant traveler with an expired nonimmigrant visa (but valid Form I-94):

    Applied for a new visa which has not yet been issued;
    Applied for a new visa and was denied;
    Has been outside of the United States for more than thirty days;
    Has traveled to a country other than Canada, Mexico, or an adjacent island which is not included in the automatic revalidation provisions;
    Is a national of a State Sponsor of Terrorism designated country, including Cuba, Iran, Syria, and Sudan. Review more about State Sponsors of Terrorism and FAQs on this website;
    Is in possession of an F student visa or J exchange visitor visa and has traveled to Cuba;
    Is in possession of an M student visa and has traveled to a location outside the U.S., other than Canada and Mexico.

    Additional Resources – Laws

    The automatic revalidation provision of U.S. immigration law is described in both 8 CFR 214.1(b) and 22 CFR 112(d).
    We Want You to Know

    Visa News
    Adoption Alerts
    Diversity Visa
    Visa Waiver Program (VWP)
    Iraqis & Afghans-SIV
    Business Visa Center
    Customer Service Statement to Visa Applicants
    Fraud Warning

    Visa denial based upon immigrant intent defined in Section 214(b) of the Immigration and Nationality Act.

    Immigrant intent becomes an issue when an applicant outside or inside USA seeks a benefit (such as a visa, when outside USA, or a change of status, when within USA) that does not allow an applicant to possess the intention of residing permanently in USA ("immigrant intent"). For example, an applicant for a visitor's visa must not have the intention to reside in USA permanently. Their visa can be refused if they have immigrant intent.

    NOIR (Notice of Intent to Revoke) is a notice the government issues when it intends to revoke (cancel) approval of a case that it has already approved. This happens when the government notices that the case either should not have been approved initially or, subsequent to the approval, has become revocable. This notice gives us a last chance to present evidence and arguments why the government should not revoke the approval.

    NOID (Notice of Intent to Deny) is a notice the government issues when it intends to deny a pending case and gives us a last chance to present evidence and arguments why it should not be denied.

    NOID (Notice of Intent to Deny) is a notice the government issues when it intends to deny a case and gives us a last chance to present evidence and arguments why it should not be denied.

    NOIR (Notice of Intent to Revoke) is a notice the government issues when it plans to remove approval of a case that it has already approved. This happens when the government notices that the case either should not have been approved initially or, subsequent to the approval, has become revocable. This notice gives us a last chance to present evidence and arguments why the government should not revoke the approval.

    NOIR (Notice of Intent to Revoke) is a notice the government issues when it plans to remove approval of a case that it has already approved. This happens when the government notices that the case either should not have been approved initially or, subsequent to the approval, has become revocable. This notice gives us a last chance to present evidence and arguments why the government should not revoke the approval.

    NOID (Notice of Intent to Deny) is a notice the government issues when it intends to deny a case and gives us a last chance to present evidence and arguments why it should not be denied.

    Science, Technology, Engineering, and Math. The term often refers to the Designated Degree program requiring a degree in one of these fields of study. STEM programs, in recognition of their importance to US interests, are awarded special consideration in certain areas under US immigration laws.

    A Returning Resident Permit, or SB-1 Visa, is what a Legal Permanent Resident (LPR or Green Card holder) can get to return to the United States after being out of the country for more than one year. When an LPR leaves the United States, they must return within a year. If they stay more than a year, they must obtain a Returning Resident Permit in order to return. This also applies to those who remain outside of the country longer than is allowed by their reentry permit.
    You apply for a returning residence visa through the consulate in your home country. There, you have to explain in quite some detail the genuine reason for your inability to return to USA within one year. It is discretionary upon the consulate whether they are convinced by the genuineness of your response or not.
    For more information, see this State Department’s webpage: http://travel.state.gov/visa/immigrants/info/info_1333.html

    A Returning Resident Permit, or SB-1 Visa, is what a Legal Permanent Resident (LPR or Green Card holder) can get to return to the United States after being out of the country for more than one year. When an LPR leaves the United States, they must return within a year. If they stay more than a year, they must obtain a Returning Resident Permit in order to return. This also applies to those who remain outside of the country longer than is allowed by their reentry permit.
    You apply for a returning residence visa through the consulate in your home country. There, you have to explain in quite some detail the genuine reason for your inability to return to USA within one year. It is discretionary upon the consulate whether they are convinced by the genuineness of your response or not.
    For more information, see this State Department’s webpage: http://travel.state.gov/visa/immigrants/info/info_1333.html

    U.S. Legislature responsible for making laws. Consists of two houses: Senate and the House of Representatives.

    One of the two houses of U.S. Legislature responsible for making laws. The other is the House of Representatives.

    One of the two houses of U.S. Legislature responsible for making laws. The other is the Senate.

    Default Web Links group

  7. Wednesday,...
    Question: I am on F-1/OPT extension which expires on March 2014. Is there any grace period so that my employer can file my H-1 visa. Do I loose my status after March or is there any grace period. If I come under current status when can I file my H-1?
    Answer:

    When your application for H-1 is filed within 60 days of OPT expiring and within the time for the H-1 quota, you are protected by cap gap extension rules. See: http://www.uscis.gov/working-united-states/temporary-workers/h-1b-specia... 

    This content is tagged for employers and Human Resources professionals responsible for hiring foreign professionals/workers in USA

    US Department of Labor is charged with protecting the labor market and investigation and enforcement activities related to that.

    Immigration and Custom Enforcement. This agency used to be a part of old INS. When DHS was formed, enforcement personnel of US Customs Service and INS were combined to form ICE, which is now responsible for a large part of immigration enforcement activity.

    Department of State (State Department) is responsible for issuing visas, which are a permission to travel to USA.

    A method to obtain green card used to avoid the need for PERM based labor certification.

    Customs and Border Protection. This agency was spun off from old INS. CBP is responsible for inspecting people when they land at airports, docks and land borders.

    To qualify for an A-1 (or A-2 visa), you must be traveling to the United States on behalf of your national government to engage solely in official activities for that government.  The fact that there may be government interest or control in a given organization is not in itself the defining factor in determining if you qualify for an A visa; the particular duties or services that will be performed must be governmental in character or nature, as determined by the United States Department of State, in accordance with U.S. immigration laws. Government officials traveling to the United States to perform non-governmental functions of a commercial nature, or traveling as tourists, require some other appropriate visa, and do not qualify for A visas.

    To qualify for an A-2 (or A-1 visa), you must be traveling to the United States on behalf of your national government to engage solely in official activities for that government. The fact that there may be government interest or control in a given organization is not in itself the defining factor in determining if you qualify for an A visa; the particular duties or services that will be performed must be governmental in character or nature, as determined by the United States Department of State, in accordance with U.S. immigration laws. Government officials traveling to the United States to perform non-governmental functions of a commercial nature, or traveling as tourists, require some other appropriate visa, and do not qualify for A visas.

    Consulates all over the world issue visas - a permission to enter USA for a specific purpose. Consulates are a part of the State Department (DOS - Department of State).

    Bangladesh Immigration

    Indonesia Immigration

    I-94 aka Arrival Departure Record is what governs your status in the USA. An expired I-94 can lead to bar from entering USA for 3 to 10 years.See details on &quot;Unlawful Presence&quot;.

    When used in relation to immigration, this is another name for being LEGALLY present in the USA

    This is a complicated term. Very simply (there is a lot more to it), you could have your status expire and still be authorized to stay in USA awaiting the outcome of a legally filed petition. This is something less than "Status" but much better than "Unlawful Presence."

    This is another complicated concept with some very serious consequences. Briefly, if you have been unlawfully present in USA for more than 180 days, you cannot come back to USA for 3 years and if unlawfully present for a year or more, you cannot come back for 10 years. Very generally speaking unlawful presence begins after expiration of the I-94 or after having been asked by the govt. to leave USA.

    These are topics related to appeals and motions for reconsideration or reopening of decisions (MTR) by govt. agencies such as USCIS, USDOL, etc.

    These are topics related to appeals and motions for reconsideration or reopening of decisions (MTR) by govt. agencies such as USCIS, USDOL, etc.

    Adjustment of Status

    Includes topics of loss of physical green card papers or the card itself as well as loss of green card through abandonment and criminal activity.

    When used in relation to immigration, this is another name for extending your status.

    Employees working in USA

    Personal employees, attendants and servants of A-1 and A-2 visa holders.

    EB4 category is for religious workers.

    “Priority Date” determines your place in the queue for waiting for green card in the categories where there is a wait. When the govt. has reached your PD, it is said to be “current.” For family-based green cards, PD is the date your I-130 was filed; for PERM-based cases, the date your PERM was filed; for employment-based cases other than through PERM (like EB-1 cases), PD is the date your I-140 was filed. DOS publishes the movement of the PD queue every month in the Visa Bulletin: http://www.immigration.com/visa-bulletin

    A publication of the US State Department that keeps track of the green card backlogs and informs us which "Priority Dates" are current so the applicants can expect to get through the last step of their green card processing. This is published every month around the 14th and tells us the availability for the following month. Note that certain categories of applicants ("immediate relatives") such as spouse of a US citizen are not shown in the visa bulletin because they are entitled to have their applications considered without any wait.

    Bureau of Citizenship and Immigration Services (now USCIS)

    Central Intelligence Agency

    Department of Homeland Security

    Department of Justice

    Federal Bureau of Investigation

    Immigration and Naturalization Service (now reconstituted into USCIS)

    Internal Revenue Service

    Office of Management and Budget

    Social Security Administration

    U.S. Citizenship and Immigration Services. Earlier known as INS. USCIS is responsible for providing immigration benefits to applicants. Homepage http://wwww.uscis.gov

    American Competitiveness and Workforce Improvement Act of 1998.

    Approval Date (When your application was approved)

    Alien Documentation, Identification & Telecommunications System

    Assistant Field Office Director

    Abbreviation for American Immigration Lawyers Association.

    Adjudications Officer

    Administrative Review

    Application Support Center: offers biometric services including fingerprinting services

    Birth Certificate

    Bureau of Citizenship and Immigration Services (now USCIS)

    Board of Immigrant Appeals

    Biometrics (include Digital photo, index finger print and your digital signature). This is needed for the production of Green Card.

    Customs and Border Protection

    Central Intelligence Agency

    Citizenship and Immigration Services

    Consulate Officer

    Consular Processing

    Conditional Permanent Resident

    Curricular Practical Training

    Central Regional Office

    California Service Center

    Cancelled Without Prejudice

    Deputy Field Office Director

    Department of Homeland Security

    Drivers License

    Department of Motor Vehicles

    Department of Justice

    Department of Labor

    Dallas Office Rapid Adjustment of Status

    Department of State

    Detention and Removal Operations

    Diversity Visa (a.k.a. Green Card Lottery)

    Eastern Application Center

    Employment Authorization Document (I-765, approval to work while waiting for Adjustment of Status - AOS Approval)

    Electronic Data Systems

    Executive Office of Immigration Review

    Expedited Removal

    Eastern Regional Office

    Entered Without Inspection

    Foreign Affairs Manual

    Federal Bureau of Investigation

    Field Office Director

    Finger Print

    File Transfer Request

    Green Card

    Immigration Judge

    International Marriage Brokers Act

    Immigration and Nationality Act

    Is an online appointment so you can go to your DO if you have a doubt or want to know something about your case in person or to request your interim EAD

    Immigration and Naturalization Service (now called USCIS)

    Immigration officer / Interviewing officer

    Immigration Reform and Control Act of 1986

    Internal Revenue Service

    Internet Service Provider

    Immigrant Visa

    Immigrant Visa Applicant Control System

    John F. Kennedy International Airport

    Kentucky Consular Center

    Labor Condition Application

    Lawful Permanent Resident

    Lawful Permanent Resident Alien

    Last Update Date on your on-line portfolio at USCIS website. It is the date when they last took action on your application, could be anything.

    Machine Readable Data

    Machine Readable Passport

    Machine Readable Visa

    Missouri Service Center

    Notice Date (When USCIS notified you that they received your application)

    National Data Entry Center

    Non Immigrant Visa

    Notice of Action is your receipt/letter that you received after you filed your forms (indicates I-797C)

    Notice of Proposed Rule Making

    Notice To Appear

    Nebraska Service Center

    National Visa Center

    New York District Office

    Office of Management and Budget

    Optional Practical Training

    Other Than Mexican

    Police Clearance Certificate

    Priority Date

    Port of Entry

    Permanent Resident (Also LPR - Legal Permanent Resident)

    Quality Assurance

    Receipt Date (When USCIS received your application)

    Remote Adjudications Center

    Request for Evidence

    Request for Initial Evidence

    Service Center (this is used with a prefix, eg CSC - California Service Center; MSC - Missouri Service Center, that is the address from where you will received your NOA (Notice of Action))

    Supervisory Detention & Deportation Officer

    Student Exchange Visitor Information System

    Student and Exchange Visitor Program

    Social Security Administration

    Social Security Number

    State Workforce Agency

    When the UCSIS "Touches" your petition or file it means that an action was taken which required your file to be physically touched or moved. Example: Your file is touched when it is given to an adjudicator to process.

    Temporary Protected Status

    Texas Service Center

    Transit Without Visa

    US Citizen

    U.S. Citizenship and Immigration Services

    System in airports that captures biometrics of people entering the country

    Voluntary Return

    Vermont Service Center

    Visa Waiver Program

    Western Application Center

    Western Regional Office

    Alien's Change of Address Form

    NAFTA Professional visa

    NAFTA Professional Dependant visa

    Pre-Flight Inspection

    PERM Processing: Program Electronic Review Management

    Individual Taxpayer Identification Number

    Interim EAD

    Application to Replace Permanent Residence Card

    Employment Eligibility Verification

    Affidavit of Support

    Application for Employment Authorization

    Green Card

    Application To Register Permanent Residence or Adjust Status

    Welcome Notice

    Immigrant Petition for Alien Worker

    Affidavit of Support

    Application for Travel Document

    Advance Parole or AP (Form I-131): The authorization to travel outside the US while your adjustment of status is pending. Note, Form I-131 is also used for Reentry Permit, an application by a US green card holder to be away from USA for over one year.

    Administrative Appeals Office

    Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student’s major area of study. Under the prior rules, an F-1 student could be authorized to receive up to a total of 12 months of practical training either before (pre-) and/or after (post-) completion of studies.

    This is an abbreviation for test_term and can be deleted

    AC21 is the name given to a law that provides for several matters including the ability to change jobs while an employment-based green card is pending (I-485 AC21 portability) and to start working for an H-1B employer as soon as transfer petition is filed with the USCIS.

    AC21 is the name given to a law that provides for several matters including the ability to change jobs while an employment-based green card is pending (I-485 AC21 portability) and to start working for an H-1B employer as soon as transfer petition is filed with the USCIS.

    American Immigration Lawyers Association

    Bureau of Educational and Cultural Affairs

    The process though which a person within USA obtains a change in their status to green card holder. This is usually the last step for (most not all) green card process.

    Includes Zoologists, Botanists

    Includes occupations in biochemistry, cytology, genetics, physiology

    Fashion Models

    Hotel management and related professions

    An alternative to obtaining the last step in the green card through the consulates outside USA. This is an alternative to adjustment of status.

    DOD (Department of Defense) project visas.

    Includes CPA's CA's and all other accountants and auditors

    Violence Against Women Act

    Child Status Protection Act

    Labor Condition Application. This is a part of some nonimmigrant visa applications process including H-1 visas. Not to be confused with "Labor Certification" also known as PERM, which is a part of the green card process. An LCA, or Labor Condition Application, is required to be submitted to and certified by the U.S. Department of Labor as a part of an H-1B application. The LCA serves to ensure that U.S. wages will not be depressed by the hiring of the H-1B employee and that the H-1B worker will not be exploited. In the LCA, the employer guarantees that it will pay the H-1B worker the required wage, which is the greater of the prevailing wage or the actual wage paid to other employees in the same position; that the H-1B employee will not displace a U.S. worker; and that the employment will not adversely affect the working conditions of workers similarly employed in the area of intended employment.

    Also known as CIS Ombudsman, this office provides recommendations for resolving individual and employer problems with the USCIS. As mandated by the Homeland Security Act of 2002 § 452, CIS Ombudsman is an independent office that reports directly to the Deputy Secretary of Homeland Security. http://www.dhs.gov/xabout/structure/editorial_0482.shtm

    PERM audits typically involve questions from the USDOL regarding the PERM filing.

    Used mostly in the context of the last step in green card processing (Adjustment of Status), preadjudication means USCIS is proceeding to make decision on the file even though priority date is not yet current. The idea is that way when the PD gets current, all they need to do is send approval notice and then the green card. So if the AOS is preadjudicated, you still need to wait for the PD to become current.

    Petition for a conditional resident who obtained status through marriage to apply to remove the conditions on his or her residence.

    Vermont Service Center

    California Service Center

    Nebraska Service Center

    Texas Service Center

    Office of the Chief Administrative Hearing Officer (OCAHO) is one of the three adjudicative bodies within the Executive Office for Immigration Review (EOIR). It has jurisdiction over three types of civil penalty cases: employer sanctions (INA § 274A - 8 USC § 1324a), unfair immigration-related employment practices (INA § 274B - 8 USC § 1324b), and immigration-related document fraud (INA § 274C - 8 USC § 1324c).

    Board of Alien Labor Certification Appeals is an adjudicative agency that decides in appeal PERM and wage disputes.

    Certifying Officer is the highest Department of Labor officer for a region. They are charged, amongst other things, with the responsibility to adjudicate PERM and LCA cases.

    Fraud Detection and National Security. FDNS was created to strengthen the ability of the U.S. Citizenship and
    Immigration Services (USCIS) to provide the right benefit to the right person at the right time, and no benefit to the wrong person.

    Citizenship in USA can be obtained through naturalization or through birth in USA.

    The process through which a person becomes a US Citizen.

    N-470 helps you preserve your stay abroad for naturalization under certain circumstances. So, even though you are living outside USA, you can accumulate that time for naturalization.

    Electronic System for Travel Authorization

    Congressional Research Service. A "think tank" that provides reports to members of Congress on a variety of topics relevant to current political events.

    Missouri Service Center (MSC) was transitioned into the National Benefits Center (NBC). The NBC was established to serve as the hub and conduit for USCIS local field offices by completing all pre-interview processing of Forms generally requiring an interview. This pre-processing includes conducting background security checks, performing initial evidence reviews, adjudication of associated I-765 and I-131 applications (filed with the I-485 or separately), denial of adjustment of status cases for applicants who are statutorily ineligible, and forwarding scheduled cases to the USCIS local office for adjudication. In employment based cases, transfer to NBC usually means an interview can be expected. This can occur even if PD is retrogressed.

    Online Form DS-160, Nonimmigrant Visa Electronic Application can only be used by visa applicants applying at a U.S. Embassy or Consulate which has converted to the new electronic fully online form and process. For more information visit travel.state.gov DS-160 informational webpage for a listing of embassy locations using Form DS-160. Next, visit one of the U.S. Embassy websites using the Form DS-160 and where you will apply, to review detailed nonimmigrant visa how-to-apply instructions, in addition to these FAQs.

    1. Where can I find the DS-160?
    You can access the DS-160 from the Consular Electronic Application Center website or from the link on the U.S. Embassy or Consulate website.

    The mission of the Employment and Training Administration is to contribute to the more efficient functioning of the U.S. labor market by providing high quality job training, employment, labor market information, and income maintenance services primarily through state and local workforce development systems.

    A form issued by school for applicants to obtain a Student Visa.

    A form issued by school or sponsor for applicants to obtain a J Visa.

    United Kingdom

    Cyprus Immigration

    Japan

    France

    Germany

    Ireland

    Kuwait Immigration

    Saudi Arabia Immigration

    United Arab Emirates Immigration

    Singapore Immigration

    Chile Immigration

    China Immigration new

    Egypt Immigration

    France Immigration

    Malaysia Immigration

    Maldives Immigration

    Malta Immigration

    Mauritius Immigration

    Nepal Immigration

    Norway Immigration

    New Zealand Immigration

    Romania Immigration

    South Africa Immigration

    South Korea Immigration

    Sweden Immigration

    Switzerland immigration

    Trinidad immigration

    In April of 1994, the Department of State opened a permanent Immigrant Visa processing facility at the National Visa Center (NVC) in Portsmouth, NH. The NVC processes all approved immigrant visa petitions after they are received from Citizenship and Immigration Services in the Department of Homeland Security (CIS) and retains them until the cases are ready for adjudication by a consular officer abroad.

    Every month, the Visa Office (VO) establishes Qualifying Dates that determine if a petition will be eligible for processing. Qualifying Dates are the latest priority dates that can be processed for certain visa categories. An immigrant visa petition can only become ready for further processing when the Qualifying Date in the appropriate visa category has advanced up to the priority date of the petition. Petitions may remain at NVC for several months or for many years depending on the visa category and country of birth of the visa applicant.

    NVC’s Role

    The NVC is responsible for the collection of visa application fees and visa application documentation. When an applicant's priority date meets the most recent Qualifying Date, the NVC will contact the applicant and petitioner with instructions for submitting the appropriate processing fees. After the appropriate processing fees are paid, the NVC will again contact the applicant and petitioner to request that the necessary immigrant visa documentation be submitted to the NVC.

    The U.S. Department of State's official site for U.S. visa information

    InfoPass is an Internet-based system that enables the public to go online to schedule appointments with immigration information officers at U.S. Citizenship and Immigration Services (USCIS) offices. If you have a complex immigration question or need that is best addressed by a trained USCIS officer in person, InfoPass offers a convenient alternative to waiting in line for assistance. InfoPass is a secure Internet site.

    8 C.F.R. ง 214.3(l)(1)(ii):

    (l) Designated official.

    (1) Meaning of term Designated Official. As used in งง 214.1(b), 214.2(b),
    214.2(f), 214.2(m), and 214.4, a Designated Official, Designated School
    Official (DSO), or Principal Designated School Official (PDSO), means a
    regularly employed member of the school administration whose office is
    located at the school and whose compensation does not come from commissions
    for recruitment of foreign students. An individual whose principal
    obligation to the school is to recruit foreign students for compensation
    does not qualify as a designated official. The PDSO and any other DSO must
    be named by the president, owner, or head of a school or school system. The
    PDSO and DSO may not delegate this designation to any other person.

    (i) A PDSO and DSO must be either a citizen or lawful permanent resident of
    the United States.

    (ii) Each campus must have one PDSO. The PDSO is responsible for updating
    SEVIS to reflect the addition or deletion of any DSO on his or her
    associated campus. SEVP will use the PDSO as the point of contact on any
    issues that relate to the school's compliance with the regulations, as well
    as any system alerts generated by SEVIS. SEVP may also designate certain
    functions in SEVIS for use by the PDSO only. The PDSO of the main campus is
    the only DSO authorized to submit a Form I-17 for recertification. The PDSO
    and DSO will share the same responsibilities in all other respects.

    (iii) Each school may have up to 10 designated officials at any one time,
    including the PDSO. In a multi-campus school, each campus may have up to 10
    designated officials at any one time including a required PDSO. In a private
    elementary or public or private secondary school system, however, the entire
    school system is limited to 10 designated officials at any one time
    including the PDSO.

    The DS-160, Online Nonimmigrant Visa Application, is a fully integrated online application form that is used to collect the necessary application information from a person seeking a nonimmigrant visa for temporary travel to the United States.

    OFLC processes labor certification applications for employers seeking to bring foreign workers into the United States and grants certifications in those cases where employers can demonstrate that there are not sufficient U.S. workers available, willing and qualified to perform the work at wages that meet or exceed the prevailing wage paid for the occupation in the area of intended employment.

    Designated School Official is a school officer designated to work with students and act as a representative of USCIS/ICE in certain matters.

    Student and Exchange Visitor Information System www.ice.gov/sevis.

    SEVIS is an Internet-based system that maintains accurate and current information on non-immigrant students (F and M visa), exchange visitors (J visa), and their dependents (F-2, M-2, and J-2). SEVIS enables schools and program sponsors to transmit electronic information and event notifications via the Internet, to the ICE and Department of State (DOS) throughout a student or exchange visitor’s stay in the United States. The system will reflect international student or exchange visitor status changes, such as admission at Port of Entry (POE), change of address, change in program of study, and other details. SEVIS will also provide system alerts, event notifications, and basic reports to the end-user schools, programs, and Immigration related field offices.

    SEVP acts as the bridge for government organizations that have an interest in information on foreign students. SEVP helps the Department of Homeland Security and Department of State monitor school and exchange programs and F, M and J category visitors. SEVP administers the F and M visa categories, while the Department of State manages the J exchange visitor program.
    SEVP uses the Student and Exchange Visitor Information System (SEVIS), a web-based solution, to track and monitor schools and programs, students, exchange visitors and their dependents while approved to participate in the U.S. education system.
    SEVP collects, maintains and provides the information so that only legitimate foreign students or exchange visitors gain entry to the United States. The result is an easily accessible information system that provides timely information to the Department of State, U.S. Customs and Border Protection (CBP), U.S. Citizenship and Immigration Services (USCIS) and U. S. Immigration and Customs Enforcement (ICE).
    For more details, please visit the link, http://www.ice.gov/sevis/

    Introduction:

    VIBE is a web-based adjudication tool used by USCIS to validate basic information about companies petitioning to employ alien workers. VIBE uses commercially available data from an independent information provider (IIP) to validate basic information about companies petitioning to employ certain alien workers. Dun and Bradstreet (D&B) is the current IIP for this program.

    This service is available to US based, privately held companies only. It is free of charge, and petitioning employers may access this process via D&B’s iUpdate for U.S. government customers -- a free, password-protected and encrypted online service tool offered by D&B.

    Please note that USCIS does not expect or require petitioners to contact D&B or pay any fees associated with creating or updating an existing record. Employers who wish to update their information through D&B directly may be subject to direct marketing by the organization or encounter D&B representatives who may suggest a purchase of the firm’s products and services.

    Purpose of VIBE:

    The purpose behind VIBE is to increase the efficiency of the visa petitioning process by reducing the amount of documents employers have to submit with each petition in order to prove eligibility. Furthermore, USCIS will also be able to reduce the number of RFEs issued to otherwise eligible petitioners.

    An important point to note is that USCIS will not deny a petition based solely on information from VIBE without at least first giving the petitioner an opportunity to respond to the RFEs or NOIDs issued by USCIS.

    Please note that whether or not you choose to create a record or update your record with D&B, you must respond to any RFE or NOID received from USCIS. Failure to respond could result in the denial of your petition. Furthermore, it is necessary to resolve relevant inconsistencies in the information provided by the employer, on one hand, and information available on VIBE, on the other.

    Employment Authorization Document. This is evidence that a person is authorized to work in USA. People undergoing Adjustment of Status (AOS or I-485 process) are entitled to an EAD.

    Specific information related to our team and this site.

    Deferred Action is consent by the Government not to deport (remove) an otherwise deport-able individual. Usually it is given for humanitarian reasons and work authorization is also provided. Unlawful presence is stopped during deferred action, but any unlawful presence already accrued does not get wiped away. Deferred action is not a visa or a full legal status.

    Automatic Visa Revalidation - Definition from Travel.state.gov

    Re-entering the U.S. with a Valid I-94 Form & Expired Visa is Limited
    What Is Automatic Revalidation?

    The Department of Homeland Security (DHS) U.S. Customs and Border Protection (CBP) has the authority and the responsibility over the admission of travelers to the U.S. Under the automatic revalidation provision of immigration law, certain temporary visitors holding expired nonimmigrant visas who seek to return to the U.S. may be admitted at a U.S. port of entry by CBP, if they meet certain requirements, including, but not limited to the following:

    Nonimmigrants who departed the U.S. for brief travel to Canada, Mexico, or an adjacent island (for F and J nonimmigrants) for thirty days or less;
    Nonimmigrants with a valid (unexpired) Form I-94, Arrival-Departure Record, endorsed by DHS.

    More Information about Automatic Revalidation

    For more information about automatic revalidation provisions and reentry to the U.S., visit the International Visitors webpage and the Automatic Revalidation Fact Sheet on the CBP website. Students and Exchange Visitors should review additional important information about travel outside the U.S. and reentry procedures on the DHS Immigration and Customs Enforcement (ICE) website.

    Automatic revalidation is not the same as applying for a new visa. If you apply for a new nonimmigrant visa, you cannot take advantage of automatic revalidation.
    Who Must Reapply for and Be Reissued a Visa at a U.S. Embassy or Consulate?

    This webpage explains which travelers must reapply and be reissued visas when their existing visas have expired, even if they are in possession of valid I-94 forms, in order to gain admission to reenter the U.S.

    Many nonimmigrants will need to reapply and be reissued visas to reenter the U.S. when their existing visas have expired, even if they are in possession of valid I-94 forms, because automatic revalidation applies to limited categories of travelers. Refer to the Automatic Revalidation Fact Sheet on the CBP website. The following temporary visitors whose nonimmigrant visas have expired, but who have valid I-94 forms, must reapply for and be issued nonimmigrant visas prior to their reentry to the U.S., if one or more of the following situations exists (this is not a complete listing):

    The nonimmigrant traveler with an expired nonimmigrant visa (but valid Form I-94):

    Applied for a new visa which has not yet been issued;
    Applied for a new visa and was denied;
    Has been outside of the United States for more than thirty days;
    Has traveled to a country other than Canada, Mexico, or an adjacent island which is not included in the automatic revalidation provisions;
    Is a national of a State Sponsor of Terrorism designated country, including Cuba, Iran, Syria, and Sudan. Review more about State Sponsors of Terrorism and FAQs on this website;
    Is in possession of an F student visa or J exchange visitor visa and has traveled to Cuba;
    Is in possession of an M student visa and has traveled to a location outside the U.S., other than Canada and Mexico.

    Additional Resources – Laws

    The automatic revalidation provision of U.S. immigration law is described in both 8 CFR 214.1(b) and 22 CFR 112(d).
    We Want You to Know

    Visa News
    Adoption Alerts
    Diversity Visa
    Visa Waiver Program (VWP)
    Iraqis & Afghans-SIV
    Business Visa Center
    Customer Service Statement to Visa Applicants
    Fraud Warning

    Visa denial based upon immigrant intent defined in Section 214(b) of the Immigration and Nationality Act.

    Immigrant intent becomes an issue when an applicant outside or inside USA seeks a benefit (such as a visa, when outside USA, or a change of status, when within USA) that does not allow an applicant to possess the intention of residing permanently in USA ("immigrant intent"). For example, an applicant for a visitor's visa must not have the intention to reside in USA permanently. Their visa can be refused if they have immigrant intent.

    NOIR (Notice of Intent to Revoke) is a notice the government issues when it intends to revoke (cancel) approval of a case that it has already approved. This happens when the government notices that the case either should not have been approved initially or, subsequent to the approval, has become revocable. This notice gives us a last chance to present evidence and arguments why the government should not revoke the approval.

    NOID (Notice of Intent to Deny) is a notice the government issues when it intends to deny a pending case and gives us a last chance to present evidence and arguments why it should not be denied.

    NOID (Notice of Intent to Deny) is a notice the government issues when it intends to deny a case and gives us a last chance to present evidence and arguments why it should not be denied.

    NOIR (Notice of Intent to Revoke) is a notice the government issues when it plans to remove approval of a case that it has already approved. This happens when the government notices that the case either should not have been approved initially or, subsequent to the approval, has become revocable. This notice gives us a last chance to present evidence and arguments why the government should not revoke the approval.

    NOIR (Notice of Intent to Revoke) is a notice the government issues when it plans to remove approval of a case that it has already approved. This happens when the government notices that the case either should not have been approved initially or, subsequent to the approval, has become revocable. This notice gives us a last chance to present evidence and arguments why the government should not revoke the approval.

    NOID (Notice of Intent to Deny) is a notice the government issues when it intends to deny a case and gives us a last chance to present evidence and arguments why it should not be denied.

    Science, Technology, Engineering, and Math. The term often refers to the Designated Degree program requiring a degree in one of these fields of study. STEM programs, in recognition of their importance to US interests, are awarded special consideration in certain areas under US immigration laws.

    A Returning Resident Permit, or SB-1 Visa, is what a Legal Permanent Resident (LPR or Green Card holder) can get to return to the United States after being out of the country for more than one year. When an LPR leaves the United States, they must return within a year. If they stay more than a year, they must obtain a Returning Resident Permit in order to return. This also applies to those who remain outside of the country longer than is allowed by their reentry permit.
    You apply for a returning residence visa through the consulate in your home country. There, you have to explain in quite some detail the genuine reason for your inability to return to USA within one year. It is discretionary upon the consulate whether they are convinced by the genuineness of your response or not.
    For more information, see this State Department’s webpage: http://travel.state.gov/visa/immigrants/info/info_1333.html

    A Returning Resident Permit, or SB-1 Visa, is what a Legal Permanent Resident (LPR or Green Card holder) can get to return to the United States after being out of the country for more than one year. When an LPR leaves the United States, they must return within a year. If they stay more than a year, they must obtain a Returning Resident Permit in order to return. This also applies to those who remain outside of the country longer than is allowed by their reentry permit.
    You apply for a returning residence visa through the consulate in your home country. There, you have to explain in quite some detail the genuine reason for your inability to return to USA within one year. It is discretionary upon the consulate whether they are convinced by the genuineness of your response or not.
    For more information, see this State Department’s webpage: http://travel.state.gov/visa/immigrants/info/info_1333.html

    U.S. Legislature responsible for making laws. Consists of two houses: Senate and the House of Representatives.

    One of the two houses of U.S. Legislature responsible for making laws. The other is the House of Representatives.

    One of the two houses of U.S. Legislature responsible for making laws. The other is the Senate.

    Default Web Links group

  8. Monday, 10...
    Question: What is expeditious naturalization?
    Answer:

    Expeditious naturalization is available to individuals who are seeking to naturalize as the spouse of a U.S. citizen who is regularly stationed abroad. The eligibility requirements for this category of naturalization applicants are outlined in section 319(b) of the Immigration and Nationality Act (INA) and section 319.2, Title 8, Code of Federal Regulations. Although U.S. Citizenship and Immigration Services (USCIS) gives priority to and provides special handling for these types of naturalization applications, an interview, which is a mandatory part of the application process, cannot be scheduled until your background checks have been completed. 

    Where can I obtain forms and information about Naturalization Requirements? 

    You may obtain the N-400 application form and a copy of A Guide to Naturalization from our website at www.uscis.gov. 

    What requirements must I meet for naturalization under section 319 (b) of the INA? 

    • You must be a lawful permanent resident at the time of your interview. 

    • You must meet the applicable naturalization requirements outlined in sections 3 1 2 and 3 16 of  the INA and Title 8, Code of Federal Regulations (physical presence is not required), 

    • You must be married to a U.S. citizen and living together in a valid marital union. 

    • Your U.S. citizen spouse must be "regularly stationed abroad" as: 

    o A member of the U.S. Armed Forces; 

    o An employee or an individual under contract to the U.S. government; 

    o An employee of an American institution of research recognized as such by the Attorney General; 

    o An employee of an American-owned firm or corporation engaged in the development of foreign trade and commerce for the United States; 

    o An employee of a public international organization of which the United States is a member by law or treaty; or 

    o A person who performs ministerial or priestly functions for a religious denomination or an interdenominational organization with a valid presence in the United States. 

    • You must show evidence that you will depart to join your U.S. citizen spouse within 45 days of your naturalization. 

    What does the term "regularly stationed abroad" mean regarding my spouse's employment? 

    The term "regularly stationed abroad" means that the overseas employment contract for your spouse clearly shows that your spouse's employment will continue abroad for at least one year after the date that you will be naturalized. When possible, you should file your application prior to your departure overseas. If you are already overseas, you should file your application only if the end date of your spouse's employment contract will allow you to meet the eligibility criterion of having at least one year remaining overseas at the time of naturalization. 

    Where can the interview and naturalization take place? 

    As an applicant for naturalization under section 319(b), you may be interviewed at any USCIS office of your choice in the United States, including Guam, Puerto Rico, and the U.S. Virgin Islands. If you choose to be interviewed at our office, you will be naturalized the same day as your interview, in most cases. Please note that, if you want to change your name, you cannot be naturalized by our office. You will be required to attend your oath ceremony at a Federal Court. Court ceremonies are held only one day each month and, depending upon when in the month you are interviewed, it may take at least two months to be scheduled for a ceremony. As stated previously, although U.S. Citizenship and Immigration Services (USCIS) gives priority to and provides special handling for these types of naturalization applications, an interview, which is a mandatory part of the application process, cannot be scheduled until your background checks have been completed. 

    May I file my naturalization application if I am a conditional resident? What should I do? 

    If you are a conditional resident, you may file for naturalization. If you are within the 90 days of the two-year anniversary (the expiration date on your green card) or if your naturalization application will not be processed prior to your two-year anniversary, you must filed a Form 1-751, Petition to Remove Conditions on Residence, according to the instructions on the form. If you have already filed your 1-751 Petition, please notify our office so that the Form 1-751 may be considered and adjudicated at the time of your naturalization interview. 

    What documents should I submit with the Form N-400, Application for Naturalization? 

    • A cover letter directed to USCIS advising that you are applying for naturalization under section 319(b) of the INA. You must state on your cover letter where you wish to be interviewed. 

    • Application fee. Please visit our website at www.uscis.gov for a listing of the current fee. 

    • Fingerprint fee OR two(s) sets of FD-258 fingerprint cards. 

    o If you are living overseas at the time of filing your application, you must go to a U.S. Embassy/Consulate or U.S. installation to have your fingerprints taken. You do not 

    need to pay a fingerprinting fee to USCIS (you must check with the entity taking your fingerprints to find out if there is an associated fee). 

    o If you are living in the United States at the time of filing your application, you must submit a fingerprinting fee so that you can be printed at an Application Support 

    Center. Please visit our website at www.uscis.gov for a listing of the current fee. 

    • Documentation to establish that your U.S. citizen spouse's employer is a qualifying employer and the length of your spouse's overseas assignment. 

    U.S. MILITARY 

    • Form DD-1278 issued no earlier than 90 days prior to the scheduled date of overseas travel, if you are authorized concurrent travel. If you cannot submit this form, the letter 

    from your spouse's Commanding Officer that is described below must also include permission for you to reside abroad with your spouse after naturalization. 

    • A letter from your spouse's Commanding Officer on official letterhead certifying that he or she is your spouse's Commanding Officer and the official date of rotation (DEROS) of your 

    spouse from the overseas assignment. 

    U.S. GOVERNMENT AGENCY (NON-MILITARY) 

    • A letter on official agency/department letterhead that states the facts of your spouse's employment, the basis of your spouse's hire (contract, permanent employee, etc.), and the 

    length of your spouse's overseas employment. 

    ALL OTHER EMPLOYERS (an American institution of research recognized as such by the Attorney General, an American-owned firm or corporation engaged in the development of 

    foreign trade and commerce for the United States, a public international organization of which the United States is a member by law or treaty, or a religious denomination or an 

    interdenominational organization with a valid presence in the United States). 

    • A letter on official letterhead which states: 

    o The title of the official attesting to the facts in the letter; 

    o The name of the institution, firm or corporation and whether the official has access to the company's records; 

    o The nature of the business that the employer conducts; 

    o The name of the State under the laws of which the employer was organized and the date of incorporation, etc.; 

    o The ownership structure of the enterprise; and 

    o The facts of your spouse's employment, the basis of your spouse's hire (contract, permanent employee, etc.), and the length of your spouse's overseas employment. 

    • A copy of your 1-5 51 permanent resident card (green card) 

    • Proof of your spouse's U.S. citizenship (copy) 

    • Your birth certificate (copy) 

    • Your marriage certificate (copy) 

    • Proof of termination of all prior marriages for you and your spouse (copies) 

    Fore more information please visit this page  http://www.uscis.gov/sites/default/files/USCIS/About%20Us/Find%20A%20USC... 

    This content is tagged for employers and Human Resources professionals responsible for hiring foreign professionals/workers in USA

    US Department of Labor is charged with protecting the labor market and investigation and enforcement activities related to that.

    Immigration and Custom Enforcement. This agency used to be a part of old INS. When DHS was formed, enforcement personnel of US Customs Service and INS were combined to form ICE, which is now responsible for a large part of immigration enforcement activity.

    Department of State (State Department) is responsible for issuing visas, which are a permission to travel to USA.

    A method to obtain green card used to avoid the need for PERM based labor certification.

    Customs and Border Protection. This agency was spun off from old INS. CBP is responsible for inspecting people when they land at airports, docks and land borders.

    To qualify for an A-1 (or A-2 visa), you must be traveling to the United States on behalf of your national government to engage solely in official activities for that government.  The fact that there may be government interest or control in a given organization is not in itself the defining factor in determining if you qualify for an A visa; the particular duties or services that will be performed must be governmental in character or nature, as determined by the United States Department of State, in accordance with U.S. immigration laws. Government officials traveling to the United States to perform non-governmental functions of a commercial nature, or traveling as tourists, require some other appropriate visa, and do not qualify for A visas.

    To qualify for an A-2 (or A-1 visa), you must be traveling to the United States on behalf of your national government to engage solely in official activities for that government. The fact that there may be government interest or control in a given organization is not in itself the defining factor in determining if you qualify for an A visa; the particular duties or services that will be performed must be governmental in character or nature, as determined by the United States Department of State, in accordance with U.S. immigration laws. Government officials traveling to the United States to perform non-governmental functions of a commercial nature, or traveling as tourists, require some other appropriate visa, and do not qualify for A visas.

    Consulates all over the world issue visas - a permission to enter USA for a specific purpose. Consulates are a part of the State Department (DOS - Department of State).

    Bangladesh Immigration

    Indonesia Immigration

    I-94 aka Arrival Departure Record is what governs your status in the USA. An expired I-94 can lead to bar from entering USA for 3 to 10 years.See details on &quot;Unlawful Presence&quot;.

    When used in relation to immigration, this is another name for being LEGALLY present in the USA

    This is a complicated term. Very simply (there is a lot more to it), you could have your status expire and still be authorized to stay in USA awaiting the outcome of a legally filed petition. This is something less than "Status" but much better than "Unlawful Presence."

    This is another complicated concept with some very serious consequences. Briefly, if you have been unlawfully present in USA for more than 180 days, you cannot come back to USA for 3 years and if unlawfully present for a year or more, you cannot come back for 10 years. Very generally speaking unlawful presence begins after expiration of the I-94 or after having been asked by the govt. to leave USA.

    These are topics related to appeals and motions for reconsideration or reopening of decisions (MTR) by govt. agencies such as USCIS, USDOL, etc.

    These are topics related to appeals and motions for reconsideration or reopening of decisions (MTR) by govt. agencies such as USCIS, USDOL, etc.

    Adjustment of Status

    Includes topics of loss of physical green card papers or the card itself as well as loss of green card through abandonment and criminal activity.

    When used in relation to immigration, this is another name for extending your status.

    Employees working in USA

    Personal employees, attendants and servants of A-1 and A-2 visa holders.

    EB4 category is for religious workers.

    “Priority Date” determines your place in the queue for waiting for green card in the categories where there is a wait. When the govt. has reached your PD, it is said to be “current.” For family-based green cards, PD is the date your I-130 was filed; for PERM-based cases, the date your PERM was filed; for employment-based cases other than through PERM (like EB-1 cases), PD is the date your I-140 was filed. DOS publishes the movement of the PD queue every month in the Visa Bulletin: http://www.immigration.com/visa-bulletin

    A publication of the US State Department that keeps track of the green card backlogs and informs us which "Priority Dates" are current so the applicants can expect to get through the last step of their green card processing. This is published every month around the 14th and tells us the availability for the following month. Note that certain categories of applicants ("immediate relatives") such as spouse of a US citizen are not shown in the visa bulletin because they are entitled to have their applications considered without any wait.

    Bureau of Citizenship and Immigration Services (now USCIS)

    Central Intelligence Agency

    Department of Homeland Security

    Department of Justice

    Federal Bureau of Investigation

    Immigration and Naturalization Service (now reconstituted into USCIS)

    Internal Revenue Service

    Office of Management and Budget

    Social Security Administration

    U.S. Citizenship and Immigration Services. Earlier known as INS. USCIS is responsible for providing immigration benefits to applicants. Homepage http://wwww.uscis.gov

    American Competitiveness and Workforce Improvement Act of 1998.

    Approval Date (When your application was approved)

    Alien Documentation, Identification & Telecommunications System

    Assistant Field Office Director

    Abbreviation for American Immigration Lawyers Association.

    Adjudications Officer

    Administrative Review

    Application Support Center: offers biometric services including fingerprinting services

    Birth Certificate

    Bureau of Citizenship and Immigration Services (now USCIS)

    Board of Immigrant Appeals

    Biometrics (include Digital photo, index finger print and your digital signature). This is needed for the production of Green Card.

    Customs and Border Protection

    Central Intelligence Agency

    Citizenship and Immigration Services

    Consulate Officer

    Consular Processing

    Conditional Permanent Resident

    Curricular Practical Training

    Central Regional Office

    California Service Center

    Cancelled Without Prejudice

    Deputy Field Office Director

    Department of Homeland Security

    Drivers License

    Department of Motor Vehicles

    Department of Justice

    Department of Labor

    Dallas Office Rapid Adjustment of Status

    Department of State

    Detention and Removal Operations

    Diversity Visa (a.k.a. Green Card Lottery)

    Eastern Application Center

    Employment Authorization Document (I-765, approval to work while waiting for Adjustment of Status - AOS Approval)

    Electronic Data Systems

    Executive Office of Immigration Review

    Expedited Removal

    Eastern Regional Office

    Entered Without Inspection

    Foreign Affairs Manual

    Federal Bureau of Investigation

    Field Office Director

    Finger Print

    File Transfer Request

    Green Card

    Immigration Judge

    International Marriage Brokers Act

    Immigration and Nationality Act

    Is an online appointment so you can go to your DO if you have a doubt or want to know something about your case in person or to request your interim EAD

    Immigration and Naturalization Service (now called USCIS)

    Immigration officer / Interviewing officer

    Immigration Reform and Control Act of 1986

    Internal Revenue Service

    Internet Service Provider

    Immigrant Visa

    Immigrant Visa Applicant Control System

    John F. Kennedy International Airport

    Kentucky Consular Center

    Labor Condition Application

    Lawful Permanent Resident

    Lawful Permanent Resident Alien

    Last Update Date on your on-line portfolio at USCIS website. It is the date when they last took action on your application, could be anything.

    Machine Readable Data

    Machine Readable Passport

    Machine Readable Visa

    Missouri Service Center

    Notice Date (When USCIS notified you that they received your application)

    National Data Entry Center

    Non Immigrant Visa

    Notice of Action is your receipt/letter that you received after you filed your forms (indicates I-797C)

    Notice of Proposed Rule Making

    Notice To Appear

    Nebraska Service Center

    National Visa Center

    New York District Office

    Office of Management and Budget

    Optional Practical Training

    Other Than Mexican

    Police Clearance Certificate

    Priority Date

    Port of Entry

    Permanent Resident (Also LPR - Legal Permanent Resident)

    Quality Assurance

    Receipt Date (When USCIS received your application)

    Remote Adjudications Center

    Request for Evidence

    Request for Initial Evidence

    Service Center (this is used with a prefix, eg CSC - California Service Center; MSC - Missouri Service Center, that is the address from where you will received your NOA (Notice of Action))

    Supervisory Detention & Deportation Officer

    Student Exchange Visitor Information System

    Student and Exchange Visitor Program

    Social Security Administration

    Social Security Number

    State Workforce Agency

    When the UCSIS "Touches" your petition or file it means that an action was taken which required your file to be physically touched or moved. Example: Your file is touched when it is given to an adjudicator to process.

    Temporary Protected Status

    Texas Service Center

    Transit Without Visa

    US Citizen

    U.S. Citizenship and Immigration Services

    System in airports that captures biometrics of people entering the country

    Voluntary Return

    Vermont Service Center

    Visa Waiver Program

    Western Application Center

    Western Regional Office

    Alien's Change of Address Form

    NAFTA Professional visa

    NAFTA Professional Dependant visa

    Pre-Flight Inspection

    PERM Processing: Program Electronic Review Management

    Individual Taxpayer Identification Number

    Interim EAD

    Application to Replace Permanent Residence Card

    Employment Eligibility Verification

    Affidavit of Support

    Application for Employment Authorization

    Green Card

    Application To Register Permanent Residence or Adjust Status

    Welcome Notice

    Immigrant Petition for Alien Worker

    Affidavit of Support

    Application for Travel Document

    Advance Parole or AP (Form I-131): The authorization to travel outside the US while your adjustment of status is pending. Note, Form I-131 is also used for Reentry Permit, an application by a US green card holder to be away from USA for over one year.

    Administrative Appeals Office

    Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student’s major area of study. Under the prior rules, an F-1 student could be authorized to receive up to a total of 12 months of practical training either before (pre-) and/or after (post-) completion of studies.

    This is an abbreviation for test_term and can be deleted

    AC21 is the name given to a law that provides for several matters including the ability to change jobs while an employment-based green card is pending (I-485 AC21 portability) and to start working for an H-1B employer as soon as transfer petition is filed with the USCIS.

    AC21 is the name given to a law that provides for several matters including the ability to change jobs while an employment-based green card is pending (I-485 AC21 portability) and to start working for an H-1B employer as soon as transfer petition is filed with the USCIS.

    American Immigration Lawyers Association

    Bureau of Educational and Cultural Affairs

    The process though which a person within USA obtains a change in their status to green card holder. This is usually the last step for (most not all) green card process.

    Includes Zoologists, Botanists

    Includes occupations in biochemistry, cytology, genetics, physiology

    Fashion Models

    Hotel management and related professions

    An alternative to obtaining the last step in the green card through the consulates outside USA. This is an alternative to adjustment of status.

    DOD (Department of Defense) project visas.

    Includes CPA's CA's and all other accountants and auditors

    Violence Against Women Act

    Child Status Protection Act

    Labor Condition Application. This is a part of some nonimmigrant visa applications process including H-1 visas. Not to be confused with "Labor Certification" also known as PERM, which is a part of the green card process. An LCA, or Labor Condition Application, is required to be submitted to and certified by the U.S. Department of Labor as a part of an H-1B application. The LCA serves to ensure that U.S. wages will not be depressed by the hiring of the H-1B employee and that the H-1B worker will not be exploited. In the LCA, the employer guarantees that it will pay the H-1B worker the required wage, which is the greater of the prevailing wage or the actual wage paid to other employees in the same position; that the H-1B employee will not displace a U.S. worker; and that the employment will not adversely affect the working conditions of workers similarly employed in the area of intended employment.

    Also known as CIS Ombudsman, this office provides recommendations for resolving individual and employer problems with the USCIS. As mandated by the Homeland Security Act of 2002 § 452, CIS Ombudsman is an independent office that reports directly to the Deputy Secretary of Homeland Security. http://www.dhs.gov/xabout/structure/editorial_0482.shtm

    PERM audits typically involve questions from the USDOL regarding the PERM filing.

    Used mostly in the context of the last step in green card processing (Adjustment of Status), preadjudication means USCIS is proceeding to make decision on the file even though priority date is not yet current. The idea is that way when the PD gets current, all they need to do is send approval notice and then the green card. So if the AOS is preadjudicated, you still need to wait for the PD to become current.

    Petition for a conditional resident who obtained status through marriage to apply to remove the conditions on his or her residence.

    Vermont Service Center

    California Service Center

    Nebraska Service Center

    Texas Service Center

    Office of the Chief Administrative Hearing Officer (OCAHO) is one of the three adjudicative bodies within the Executive Office for Immigration Review (EOIR). It has jurisdiction over three types of civil penalty cases: employer sanctions (INA § 274A - 8 USC § 1324a), unfair immigration-related employment practices (INA § 274B - 8 USC § 1324b), and immigration-related document fraud (INA § 274C - 8 USC § 1324c).

    Board of Alien Labor Certification Appeals is an adjudicative agency that decides in appeal PERM and wage disputes.

    Certifying Officer is the highest Department of Labor officer for a region. They are charged, amongst other things, with the responsibility to adjudicate PERM and LCA cases.

    Fraud Detection and National Security. FDNS was created to strengthen the ability of the U.S. Citizenship and
    Immigration Services (USCIS) to provide the right benefit to the right person at the right time, and no benefit to the wrong person.

    Citizenship in USA can be obtained through naturalization or through birth in USA.

    The process through which a person becomes a US Citizen.

    N-470 helps you preserve your stay abroad for naturalization under certain circumstances. So, even though you are living outside USA, you can accumulate that time for naturalization.

    Electronic System for Travel Authorization

    Congressional Research Service. A "think tank" that provides reports to members of Congress on a variety of topics relevant to current political events.

    Missouri Service Center (MSC) was transitioned into the National Benefits Center (NBC). The NBC was established to serve as the hub and conduit for USCIS local field offices by completing all pre-interview processing of Forms generally requiring an interview. This pre-processing includes conducting background security checks, performing initial evidence reviews, adjudication of associated I-765 and I-131 applications (filed with the I-485 or separately), denial of adjustment of status cases for applicants who are statutorily ineligible, and forwarding scheduled cases to the USCIS local office for adjudication. In employment based cases, transfer to NBC usually means an interview can be expected. This can occur even if PD is retrogressed.

    Online Form DS-160, Nonimmigrant Visa Electronic Application can only be used by visa applicants applying at a U.S. Embassy or Consulate which has converted to the new electronic fully online form and process. For more information visit travel.state.gov DS-160 informational webpage for a listing of embassy locations using Form DS-160. Next, visit one of the U.S. Embassy websites using the Form DS-160 and where you will apply, to review detailed nonimmigrant visa how-to-apply instructions, in addition to these FAQs.

    1. Where can I find the DS-160?
    You can access the DS-160 from the Consular Electronic Application Center website or from the link on the U.S. Embassy or Consulate website.

    The mission of the Employment and Training Administration is to contribute to the more efficient functioning of the U.S. labor market by providing high quality job training, employment, labor market information, and income maintenance services primarily through state and local workforce development systems.

    A form issued by school for applicants to obtain a Student Visa.

    A form issued by school or sponsor for applicants to obtain a J Visa.

    United Kingdom

    Cyprus Immigration

    Japan

    France

    Germany

    Ireland

    Kuwait Immigration

    Saudi Arabia Immigration

    United Arab Emirates Immigration

    Singapore Immigration

    Chile Immigration

    China Immigration new

    Egypt Immigration

    France Immigration

    Malaysia Immigration

    Maldives Immigration

    Malta Immigration

    Mauritius Immigration

    Nepal Immigration

    Norway Immigration

    New Zealand Immigration

    Romania Immigration

    South Africa Immigration

    South Korea Immigration

    Sweden Immigration

    Switzerland immigration

    Trinidad immigration

    In April of 1994, the Department of State opened a permanent Immigrant Visa processing facility at the National Visa Center (NVC) in Portsmouth, NH. The NVC processes all approved immigrant visa petitions after they are received from Citizenship and Immigration Services in the Department of Homeland Security (CIS) and retains them until the cases are ready for adjudication by a consular officer abroad.

    Every month, the Visa Office (VO) establishes Qualifying Dates that determine if a petition will be eligible for processing. Qualifying Dates are the latest priority dates that can be processed for certain visa categories. An immigrant visa petition can only become ready for further processing when the Qualifying Date in the appropriate visa category has advanced up to the priority date of the petition. Petitions may remain at NVC for several months or for many years depending on the visa category and country of birth of the visa applicant.

    NVC’s Role

    The NVC is responsible for the collection of visa application fees and visa application documentation. When an applicant's priority date meets the most recent Qualifying Date, the NVC will contact the applicant and petitioner with instructions for submitting the appropriate processing fees. After the appropriate processing fees are paid, the NVC will again contact the applicant and petitioner to request that the necessary immigrant visa documentation be submitted to the NVC.

    The U.S. Department of State's official site for U.S. visa information

    InfoPass is an Internet-based system that enables the public to go online to schedule appointments with immigration information officers at U.S. Citizenship and Immigration Services (USCIS) offices. If you have a complex immigration question or need that is best addressed by a trained USCIS officer in person, InfoPass offers a convenient alternative to waiting in line for assistance. InfoPass is a secure Internet site.

    8 C.F.R. ง 214.3(l)(1)(ii):

    (l) Designated official.

    (1) Meaning of term Designated Official. As used in งง 214.1(b), 214.2(b),
    214.2(f), 214.2(m), and 214.4, a Designated Official, Designated School
    Official (DSO), or Principal Designated School Official (PDSO), means a
    regularly employed member of the school administration whose office is
    located at the school and whose compensation does not come from commissions
    for recruitment of foreign students. An individual whose principal
    obligation to the school is to recruit foreign students for compensation
    does not qualify as a designated official. The PDSO and any other DSO must
    be named by the president, owner, or head of a school or school system. The
    PDSO and DSO may not delegate this designation to any other person.

    (i) A PDSO and DSO must be either a citizen or lawful permanent resident of
    the United States.

    (ii) Each campus must have one PDSO. The PDSO is responsible for updating
    SEVIS to reflect the addition or deletion of any DSO on his or her
    associated campus. SEVP will use the PDSO as the point of contact on any
    issues that relate to the school's compliance with the regulations, as well
    as any system alerts generated by SEVIS. SEVP may also designate certain
    functions in SEVIS for use by the PDSO only. The PDSO of the main campus is
    the only DSO authorized to submit a Form I-17 for recertification. The PDSO
    and DSO will share the same responsibilities in all other respects.

    (iii) Each school may have up to 10 designated officials at any one time,
    including the PDSO. In a multi-campus school, each campus may have up to 10
    designated officials at any one time including a required PDSO. In a private
    elementary or public or private secondary school system, however, the entire
    school system is limited to 10 designated officials at any one time
    including the PDSO.

    The DS-160, Online Nonimmigrant Visa Application, is a fully integrated online application form that is used to collect the necessary application information from a person seeking a nonimmigrant visa for temporary travel to the United States.

    OFLC processes labor certification applications for employers seeking to bring foreign workers into the United States and grants certifications in those cases where employers can demonstrate that there are not sufficient U.S. workers available, willing and qualified to perform the work at wages that meet or exceed the prevailing wage paid for the occupation in the area of intended employment.

    Designated School Official is a school officer designated to work with students and act as a representative of USCIS/ICE in certain matters.

    Student and Exchange Visitor Information System www.ice.gov/sevis.

    SEVIS is an Internet-based system that maintains accurate and current information on non-immigrant students (F and M visa), exchange visitors (J visa), and their dependents (F-2, M-2, and J-2). SEVIS enables schools and program sponsors to transmit electronic information and event notifications via the Internet, to the ICE and Department of State (DOS) throughout a student or exchange visitor’s stay in the United States. The system will reflect international student or exchange visitor status changes, such as admission at Port of Entry (POE), change of address, change in program of study, and other details. SEVIS will also provide system alerts, event notifications, and basic reports to the end-user schools, programs, and Immigration related field offices.

    SEVP acts as the bridge for government organizations that have an interest in information on foreign students. SEVP helps the Department of Homeland Security and Department of State monitor school and exchange programs and F, M and J category visitors. SEVP administers the F and M visa categories, while the Department of State manages the J exchange visitor program.
    SEVP uses the Student and Exchange Visitor Information System (SEVIS), a web-based solution, to track and monitor schools and programs, students, exchange visitors and their dependents while approved to participate in the U.S. education system.
    SEVP collects, maintains and provides the information so that only legitimate foreign students or exchange visitors gain entry to the United States. The result is an easily accessible information system that provides timely information to the Department of State, U.S. Customs and Border Protection (CBP), U.S. Citizenship and Immigration Services (USCIS) and U. S. Immigration and Customs Enforcement (ICE).
    For more details, please visit the link, http://www.ice.gov/sevis/

    Introduction:

    VIBE is a web-based adjudication tool used by USCIS to validate basic information about companies petitioning to employ alien workers. VIBE uses commercially available data from an independent information provider (IIP) to validate basic information about companies petitioning to employ certain alien workers. Dun and Bradstreet (D&B) is the current IIP for this program.

    This service is available to US based, privately held companies only. It is free of charge, and petitioning employers may access this process via D&B’s iUpdate for U.S. government customers -- a free, password-protected and encrypted online service tool offered by D&B.

    Please note that USCIS does not expect or require petitioners to contact D&B or pay any fees associated with creating or updating an existing record. Employers who wish to update their information through D&B directly may be subject to direct marketing by the organization or encounter D&B representatives who may suggest a purchase of the firm’s products and services.

    Purpose of VIBE:

    The purpose behind VIBE is to increase the efficiency of the visa petitioning process by reducing the amount of documents employers have to submit with each petition in order to prove eligibility. Furthermore, USCIS will also be able to reduce the number of RFEs issued to otherwise eligible petitioners.

    An important point to note is that USCIS will not deny a petition based solely on information from VIBE without at least first giving the petitioner an opportunity to respond to the RFEs or NOIDs issued by USCIS.

    Please note that whether or not you choose to create a record or update your record with D&B, you must respond to any RFE or NOID received from USCIS. Failure to respond could result in the denial of your petition. Furthermore, it is necessary to resolve relevant inconsistencies in the information provided by the employer, on one hand, and information available on VIBE, on the other.

    Employment Authorization Document. This is evidence that a person is authorized to work in USA. People undergoing Adjustment of Status (AOS or I-485 process) are entitled to an EAD.

    Specific information related to our team and this site.

    Deferred Action is consent by the Government not to deport (remove) an otherwise deport-able individual. Usually it is given for humanitarian reasons and work authorization is also provided. Unlawful presence is stopped during deferred action, but any unlawful presence already accrued does not get wiped away. Deferred action is not a visa or a full legal status.

    Automatic Visa Revalidation - Definition from Travel.state.gov

    Re-entering the U.S. with a Valid I-94 Form & Expired Visa is Limited
    What Is Automatic Revalidation?

    The Department of Homeland Security (DHS) U.S. Customs and Border Protection (CBP) has the authority and the responsibility over the admission of travelers to the U.S. Under the automatic revalidation provision of immigration law, certain temporary visitors holding expired nonimmigrant visas who seek to return to the U.S. may be admitted at a U.S. port of entry by CBP, if they meet certain requirements, including, but not limited to the following:

    Nonimmigrants who departed the U.S. for brief travel to Canada, Mexico, or an adjacent island (for F and J nonimmigrants) for thirty days or less;
    Nonimmigrants with a valid (unexpired) Form I-94, Arrival-Departure Record, endorsed by DHS.

    More Information about Automatic Revalidation

    For more information about automatic revalidation provisions and reentry to the U.S., visit the International Visitors webpage and the Automatic Revalidation Fact Sheet on the CBP website. Students and Exchange Visitors should review additional important information about travel outside the U.S. and reentry procedures on the DHS Immigration and Customs Enforcement (ICE) website.

    Automatic revalidation is not the same as applying for a new visa. If you apply for a new nonimmigrant visa, you cannot take advantage of automatic revalidation.
    Who Must Reapply for and Be Reissued a Visa at a U.S. Embassy or Consulate?

    This webpage explains which travelers must reapply and be reissued visas when their existing visas have expired, even if they are in possession of valid I-94 forms, in order to gain admission to reenter the U.S.

    Many nonimmigrants will need to reapply and be reissued visas to reenter the U.S. when their existing visas have expired, even if they are in possession of valid I-94 forms, because automatic revalidation applies to limited categories of travelers. Refer to the Automatic Revalidation Fact Sheet on the CBP website. The following temporary visitors whose nonimmigrant visas have expired, but who have valid I-94 forms, must reapply for and be issued nonimmigrant visas prior to their reentry to the U.S., if one or more of the following situations exists (this is not a complete listing):

    The nonimmigrant traveler with an expired nonimmigrant visa (but valid Form I-94):

    Applied for a new visa which has not yet been issued;
    Applied for a new visa and was denied;
    Has been outside of the United States for more than thirty days;
    Has traveled to a country other than Canada, Mexico, or an adjacent island which is not included in the automatic revalidation provisions;
    Is a national of a State Sponsor of Terrorism designated country, including Cuba, Iran, Syria, and Sudan. Review more about State Sponsors of Terrorism and FAQs on this website;
    Is in possession of an F student visa or J exchange visitor visa and has traveled to Cuba;
    Is in possession of an M student visa and has traveled to a location outside the U.S., other than Canada and Mexico.

    Additional Resources – Laws

    The automatic revalidation provision of U.S. immigration law is described in both 8 CFR 214.1(b) and 22 CFR 112(d).
    We Want You to Know

    Visa News
    Adoption Alerts
    Diversity Visa
    Visa Waiver Program (VWP)
    Iraqis & Afghans-SIV
    Business Visa Center
    Customer Service Statement to Visa Applicants
    Fraud Warning

    Visa denial based upon immigrant intent defined in Section 214(b) of the Immigration and Nationality Act.

    Immigrant intent becomes an issue when an applicant outside or inside USA seeks a benefit (such as a visa, when outside USA, or a change of status, when within USA) that does not allow an applicant to possess the intention of residing permanently in USA ("immigrant intent"). For example, an applicant for a visitor's visa must not have the intention to reside in USA permanently. Their visa can be refused if they have immigrant intent.

    NOIR (Notice of Intent to Revoke) is a notice the government issues when it intends to revoke (cancel) approval of a case that it has already approved. This happens when the government notices that the case either should not have been approved initially or, subsequent to the approval, has become revocable. This notice gives us a last chance to present evidence and arguments why the government should not revoke the approval.

    NOID (Notice of Intent to Deny) is a notice the government issues when it intends to deny a pending case and gives us a last chance to present evidence and arguments why it should not be denied.

    NOID (Notice of Intent to Deny) is a notice the government issues when it intends to deny a case and gives us a last chance to present evidence and arguments why it should not be denied.

    NOIR (Notice of Intent to Revoke) is a notice the government issues when it plans to remove approval of a case that it has already approved. This happens when the government notices that the case either should not have been approved initially or, subsequent to the approval, has become revocable. This notice gives us a last chance to present evidence and arguments why the government should not revoke the approval.

    NOIR (Notice of Intent to Revoke) is a notice the government issues when it plans to remove approval of a case that it has already approved. This happens when the government notices that the case either should not have been approved initially or, subsequent to the approval, has become revocable. This notice gives us a last chance to present evidence and arguments why the government should not revoke the approval.

    NOID (Notice of Intent to Deny) is a notice the government issues when it intends to deny a case and gives us a last chance to present evidence and arguments why it should not be denied.

    Science, Technology, Engineering, and Math. The term often refers to the Designated Degree program requiring a degree in one of these fields of study. STEM programs, in recognition of their importance to US interests, are awarded special consideration in certain areas under US immigration laws.

    A Returning Resident Permit, or SB-1 Visa, is what a Legal Permanent Resident (LPR or Green Card holder) can get to return to the United States after being out of the country for more than one year. When an LPR leaves the United States, they must return within a year. If they stay more than a year, they must obtain a Returning Resident Permit in order to return. This also applies to those who remain outside of the country longer than is allowed by their reentry permit.
    You apply for a returning residence visa through the consulate in your home country. There, you have to explain in quite some detail the genuine reason for your inability to return to USA within one year. It is discretionary upon the consulate whether they are convinced by the genuineness of your response or not.
    For more information, see this State Department’s webpage: http://travel.state.gov/visa/immigrants/info/info_1333.html

    A Returning Resident Permit, or SB-1 Visa, is what a Legal Permanent Resident (LPR or Green Card holder) can get to return to the United States after being out of the country for more than one year. When an LPR leaves the United States, they must return within a year. If they stay more than a year, they must obtain a Returning Resident Permit in order to return. This also applies to those who remain outside of the country longer than is allowed by their reentry permit.
    You apply for a returning residence visa through the consulate in your home country. There, you have to explain in quite some detail the genuine reason for your inability to return to USA within one year. It is discretionary upon the consulate whether they are convinced by the genuineness of your response or not.
    For more information, see this State Department’s webpage: http://travel.state.gov/visa/immigrants/info/info_1333.html

    U.S. Legislature responsible for making laws. Consists of two houses: Senate and the House of Representatives.

    One of the two houses of U.S. Legislature responsible for making laws. The other is the House of Representatives.

    One of the two houses of U.S. Legislature responsible for making laws. The other is the Senate.

    Default Web Links group

  9. Tuesday, 4...
    Question: What the Visa Expiration Date Means
    Answer:
    The visa expiration date is shown on the visa along with the visa issuance date. The time between visa issuance and expiration date is called your visa validity. The visa validity is the length of time you are permitted to travel to a port-of-entry in the United States.
     
    Depending on your nationality, visas can be issued from a single entry (application) up to multiple/unlimited entries.
     
    A visa issued for a single entry (denoted on the visa under “Entries” with the number 1) is valid, or can be used from the date it is issued until the date it expires to travel to a U.S. port-of-entry one time.
    A visa issued for multiple entries (denoted under “entries” with a certain number (2, 3, etc.) or “M” for multiple/unlimited entries) is valid, or can be used from the date it is issued until the date it expires to travel to the U.S. port-of-entry as many times as your visa states, provided that:
        Applying for a new visa is not necessary if your visa has not expired and you have not exceeded the number of entries permitted on your visa.
        Multiple uses of a visa must be for the same purpose of travel allowable on the type of visa you have.
     
    Please be aware, a visa does not guarantee entry to the United States. Additionally, the visa expiration date shown on your visa does not reflect how long you are authorized to stay within the United States. Entry and the length of authorized stay within the United States are determined by the Customs and Border Protection (CBP) Officer at the port-of-entry each time you travel.
     
    It is important to note that there are circumstances which can serve to void or cancel the period of visa validity. If you overstay the end date of your authorized stay, as provided by the CBP officer at a port-of-entry, or United States Citizenship and Immigration Services (USCIS), your visa will automatically void or cancel unless;
     
    You have filed an application in a timely manner for an extension of stay or a change of status;
    That application is pending and not frivolous;
    If you have applied for adjustment of status to become a permanent resident (LPR, also called green card holder), you should contact USCIS regarding obtaining Advance Parole before leaving the United States.
     
    Admission to the United States and your Duration of Stay
    Upon arriving at a port of entry, the CBP official will determine the length of your visit.
     
    On the admission stamp or paper Form I-94, the U.S. immigration inspector records either an admitted-until date or "D/S" (duration of status). If your admission stamp or paper Form I-94 contains a specific date, then that is the date by which you must leave the United State. If you have D/S on your admission stamp or paper Form I-94, you may remain in the United States as long as you continue your course of studies, remain in your exchange program, or qualifying employment. The admitted-until date or D/S notation, shown on your admission stamp or paper Form I-94 is the official record of your authorized length of stay in the United States. You cannot use the visa expiration date in determining or referring to your permitted length of stay in the United States.
     
    Carefully review information about international visitor admission on the CBP Website.
     
    Extension of Stay
    If you came to the United States on a nonimmigrant visa and you want to extend your stay you must apply with USCIS before your authorized stay, denoted on your admission stamp or paper Form I-94, expires. It is recommended you apply well in advance of your expiration date. To learn more select USCIS, How Do I Extend My Stay?.
     
    Important Note: Providing permission to enter and/or remain in the United States. to persons holding a nonimmigrant visa is not the responsibility of the Department of State, and therefore Visa Services is unable assist you in this regard. All inquiries must be directed to USCIS.
     
    What if I Decide to Stay Longer and am Out-of-Status with the Department of Homeland Security?
    You should carefully consider the dates of your authorized stay and make sure you are following the procedures. Failure to do so will cause you to be out-of-status.
    Staying beyond the period of time authorized, by the Department of Homeland Security, and out-of-status in the United States, is a violation of U.S. immigration laws, and may cause you to be ineligible for a visa in the future for return travel to the United States. If you overstay the end date of your authorized stay, as provided by the CBP officer at a port-of-entry, or United States Citizenship and Immigration Services (USCIS), your visa will generally be automatically be voided or cancelled, as explained above. Select Classes of Aliens Ineligible to Receive Visas to learn more.

    This content is tagged for employers and Human Resources professionals responsible for hiring foreign professionals/workers in USA

    US Department of Labor is charged with protecting the labor market and investigation and enforcement activities related to that.

    Immigration and Custom Enforcement. This agency used to be a part of old INS. When DHS was formed, enforcement personnel of US Customs Service and INS were combined to form ICE, which is now responsible for a large part of immigration enforcement activity.

    Department of State (State Department) is responsible for issuing visas, which are a permission to travel to USA.

    A method to obtain green card used to avoid the need for PERM based labor certification.

    Customs and Border Protection. This agency was spun off from old INS. CBP is responsible for inspecting people when they land at airports, docks and land borders.

    To qualify for an A-1 (or A-2 visa), you must be traveling to the United States on behalf of your national government to engage solely in official activities for that government.  The fact that there may be government interest or control in a given organization is not in itself the defining factor in determining if you qualify for an A visa; the particular duties or services that will be performed must be governmental in character or nature, as determined by the United States Department of State, in accordance with U.S. immigration laws. Government officials traveling to the United States to perform non-governmental functions of a commercial nature, or traveling as tourists, require some other appropriate visa, and do not qualify for A visas.

    To qualify for an A-2 (or A-1 visa), you must be traveling to the United States on behalf of your national government to engage solely in official activities for that government. The fact that there may be government interest or control in a given organization is not in itself the defining factor in determining if you qualify for an A visa; the particular duties or services that will be performed must be governmental in character or nature, as determined by the United States Department of State, in accordance with U.S. immigration laws. Government officials traveling to the United States to perform non-governmental functions of a commercial nature, or traveling as tourists, require some other appropriate visa, and do not qualify for A visas.

    Consulates all over the world issue visas - a permission to enter USA for a specific purpose. Consulates are a part of the State Department (DOS - Department of State).

    Bangladesh Immigration

    Indonesia Immigration

    I-94 aka Arrival Departure Record is what governs your status in the USA. An expired I-94 can lead to bar from entering USA for 3 to 10 years.See details on &quot;Unlawful Presence&quot;.

    When used in relation to immigration, this is another name for being LEGALLY present in the USA

    This is a complicated term. Very simply (there is a lot more to it), you could have your status expire and still be authorized to stay in USA awaiting the outcome of a legally filed petition. This is something less than "Status" but much better than "Unlawful Presence."

    This is another complicated concept with some very serious consequences. Briefly, if you have been unlawfully present in USA for more than 180 days, you cannot come back to USA for 3 years and if unlawfully present for a year or more, you cannot come back for 10 years. Very generally speaking unlawful presence begins after expiration of the I-94 or after having been asked by the govt. to leave USA.

    These are topics related to appeals and motions for reconsideration or reopening of decisions (MTR) by govt. agencies such as USCIS, USDOL, etc.

    These are topics related to appeals and motions for reconsideration or reopening of decisions (MTR) by govt. agencies such as USCIS, USDOL, etc.

    Adjustment of Status

    Includes topics of loss of physical green card papers or the card itself as well as loss of green card through abandonment and criminal activity.

    When used in relation to immigration, this is another name for extending your status.

    Employees working in USA

    Personal employees, attendants and servants of A-1 and A-2 visa holders.

    EB4 category is for religious workers.

    “Priority Date” determines your place in the queue for waiting for green card in the categories where there is a wait. When the govt. has reached your PD, it is said to be “current.” For family-based green cards, PD is the date your I-130 was filed; for PERM-based cases, the date your PERM was filed; for employment-based cases other than through PERM (like EB-1 cases), PD is the date your I-140 was filed. DOS publishes the movement of the PD queue every month in the Visa Bulletin: http://www.immigration.com/visa-bulletin

    A publication of the US State Department that keeps track of the green card backlogs and informs us which "Priority Dates" are current so the applicants can expect to get through the last step of their green card processing. This is published every month around the 14th and tells us the availability for the following month. Note that certain categories of applicants ("immediate relatives") such as spouse of a US citizen are not shown in the visa bulletin because they are entitled to have their applications considered without any wait.

    Bureau of Citizenship and Immigration Services (now USCIS)

    Central Intelligence Agency

    Department of Homeland Security

    Department of Justice

    Federal Bureau of Investigation

    Immigration and Naturalization Service (now reconstituted into USCIS)

    Internal Revenue Service

    Office of Management and Budget

    Social Security Administration

    U.S. Citizenship and Immigration Services. Earlier known as INS. USCIS is responsible for providing immigration benefits to applicants. Homepage http://wwww.uscis.gov

    American Competitiveness and Workforce Improvement Act of 1998.

    Approval Date (When your application was approved)

    Alien Documentation, Identification & Telecommunications System

    Assistant Field Office Director

    Abbreviation for American Immigration Lawyers Association.

    Adjudications Officer

    Administrative Review

    Application Support Center: offers biometric services including fingerprinting services

    Birth Certificate

    Bureau of Citizenship and Immigration Services (now USCIS)

    Board of Immigrant Appeals

    Biometrics (include Digital photo, index finger print and your digital signature). This is needed for the production of Green Card.

    Customs and Border Protection

    Central Intelligence Agency

    Citizenship and Immigration Services

    Consulate Officer

    Consular Processing

    Conditional Permanent Resident

    Curricular Practical Training

    Central Regional Office

    California Service Center

    Cancelled Without Prejudice

    Deputy Field Office Director

    Department of Homeland Security

    Drivers License

    Department of Motor Vehicles

    Department of Justice

    Department of Labor

    Dallas Office Rapid Adjustment of Status

    Department of State

    Detention and Removal Operations

    Diversity Visa (a.k.a. Green Card Lottery)

    Eastern Application Center

    Employment Authorization Document (I-765, approval to work while waiting for Adjustment of Status - AOS Approval)

    Electronic Data Systems

    Executive Office of Immigration Review

    Expedited Removal

    Eastern Regional Office

    Entered Without Inspection

    Foreign Affairs Manual

    Federal Bureau of Investigation

    Field Office Director

    Finger Print

    File Transfer Request

    Green Card

    Immigration Judge

    International Marriage Brokers Act

    Immigration and Nationality Act

    Is an online appointment so you can go to your DO if you have a doubt or want to know something about your case in person or to request your interim EAD

    Immigration and Naturalization Service (now called USCIS)

    Immigration officer / Interviewing officer

    Immigration Reform and Control Act of 1986

    Internal Revenue Service

    Internet Service Provider

    Immigrant Visa

    Immigrant Visa Applicant Control System

    John F. Kennedy International Airport

    Kentucky Consular Center

    Labor Condition Application

    Lawful Permanent Resident

    Lawful Permanent Resident Alien

    Last Update Date on your on-line portfolio at USCIS website. It is the date when they last took action on your application, could be anything.

    Machine Readable Data

    Machine Readable Passport

    Machine Readable Visa

    Missouri Service Center

    Notice Date (When USCIS notified you that they received your application)

    National Data Entry Center

    Non Immigrant Visa

    Notice of Action is your receipt/letter that you received after you filed your forms (indicates I-797C)

    Notice of Proposed Rule Making

    Notice To Appear

    Nebraska Service Center

    National Visa Center

    New York District Office

    Office of Management and Budget

    Optional Practical Training

    Other Than Mexican

    Police Clearance Certificate

    Priority Date

    Port of Entry

    Permanent Resident (Also LPR - Legal Permanent Resident)

    Quality Assurance

    Receipt Date (When USCIS received your application)

    Remote Adjudications Center

    Request for Evidence

    Request for Initial Evidence

    Service Center (this is used with a prefix, eg CSC - California Service Center; MSC - Missouri Service Center, that is the address from where you will received your NOA (Notice of Action))

    Supervisory Detention & Deportation Officer

    Student Exchange Visitor Information System

    Student and Exchange Visitor Program

    Social Security Administration

    Social Security Number

    State Workforce Agency

    When the UCSIS "Touches" your petition or file it means that an action was taken which required your file to be physically touched or moved. Example: Your file is touched when it is given to an adjudicator to process.

    Temporary Protected Status

    Texas Service Center

    Transit Without Visa

    US Citizen

    U.S. Citizenship and Immigration Services

    System in airports that captures biometrics of people entering the country

    Voluntary Return

    Vermont Service Center

    Visa Waiver Program

    Western Application Center

    Western Regional Office

    Alien's Change of Address Form

    NAFTA Professional visa

    NAFTA Professional Dependant visa

    Pre-Flight Inspection

    PERM Processing: Program Electronic Review Management

    Individual Taxpayer Identification Number

    Interim EAD

    Application to Replace Permanent Residence Card

    Employment Eligibility Verification

    Affidavit of Support

    Application for Employment Authorization

    Green Card

    Application To Register Permanent Residence or Adjust Status

    Welcome Notice

    Immigrant Petition for Alien Worker

    Affidavit of Support

    Application for Travel Document

    Advance Parole or AP (Form I-131): The authorization to travel outside the US while your adjustment of status is pending. Note, Form I-131 is also used for Reentry Permit, an application by a US green card holder to be away from USA for over one year.

    Administrative Appeals Office

    Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student’s major area of study. Under the prior rules, an F-1 student could be authorized to receive up to a total of 12 months of practical training either before (pre-) and/or after (post-) completion of studies.

    This is an abbreviation for test_term and can be deleted

    AC21 is the name given to a law that provides for several matters including the ability to change jobs while an employment-based green card is pending (I-485 AC21 portability) and to start working for an H-1B employer as soon as transfer petition is filed with the USCIS.

    AC21 is the name given to a law that provides for several matters including the ability to change jobs while an employment-based green card is pending (I-485 AC21 portability) and to start working for an H-1B employer as soon as transfer petition is filed with the USCIS.

    American Immigration Lawyers Association

    Bureau of Educational and Cultural Affairs

    The process though which a person within USA obtains a change in their status to green card holder. This is usually the last step for (most not all) green card process.

    Includes Zoologists, Botanists

    Includes occupations in biochemistry, cytology, genetics, physiology

    Fashion Models

    Hotel management and related professions

    An alternative to obtaining the last step in the green card through the consulates outside USA. This is an alternative to adjustment of status.

    DOD (Department of Defense) project visas.

    Includes CPA's CA's and all other accountants and auditors

    Violence Against Women Act

    Child Status Protection Act

    Labor Condition Application. This is a part of some nonimmigrant visa applications process including H-1 visas. Not to be confused with "Labor Certification" also known as PERM, which is a part of the green card process. An LCA, or Labor Condition Application, is required to be submitted to and certified by the U.S. Department of Labor as a part of an H-1B application. The LCA serves to ensure that U.S. wages will not be depressed by the hiring of the H-1B employee and that the H-1B worker will not be exploited. In the LCA, the employer guarantees that it will pay the H-1B worker the required wage, which is the greater of the prevailing wage or the actual wage paid to other employees in the same position; that the H-1B employee will not displace a U.S. worker; and that the employment will not adversely affect the working conditions of workers similarly employed in the area of intended employment.

    Also known as CIS Ombudsman, this office provides recommendations for resolving individual and employer problems with the USCIS. As mandated by the Homeland Security Act of 2002 § 452, CIS Ombudsman is an independent office that reports directly to the Deputy Secretary of Homeland Security. http://www.dhs.gov/xabout/structure/editorial_0482.shtm

    PERM audits typically involve questions from the USDOL regarding the PERM filing.

    Used mostly in the context of the last step in green card processing (Adjustment of Status), preadjudication means USCIS is proceeding to make decision on the file even though priority date is not yet current. The idea is that way when the PD gets current, all they need to do is send approval notice and then the green card. So if the AOS is preadjudicated, you still need to wait for the PD to become current.

    Petition for a conditional resident who obtained status through marriage to apply to remove the conditions on his or her residence.

    Vermont Service Center

    California Service Center

    Nebraska Service Center

    Texas Service Center

    Office of the Chief Administrative Hearing Officer (OCAHO) is one of the three adjudicative bodies within the Executive Office for Immigration Review (EOIR). It has jurisdiction over three types of civil penalty cases: employer sanctions (INA § 274A - 8 USC § 1324a), unfair immigration-related employment practices (INA § 274B - 8 USC § 1324b), and immigration-related document fraud (INA § 274C - 8 USC § 1324c).

    Board of Alien Labor Certification Appeals is an adjudicative agency that decides in appeal PERM and wage disputes.

    Certifying Officer is the highest Department of Labor officer for a region. They are charged, amongst other things, with the responsibility to adjudicate PERM and LCA cases.

    Fraud Detection and National Security. FDNS was created to strengthen the ability of the U.S. Citizenship and
    Immigration Services (USCIS) to provide the right benefit to the right person at the right time, and no benefit to the wrong person.

    Citizenship in USA can be obtained through naturalization or through birth in USA.

    The process through which a person becomes a US Citizen.

    N-470 helps you preserve your stay abroad for naturalization under certain circumstances. So, even though you are living outside USA, you can accumulate that time for naturalization.

    Electronic System for Travel Authorization

    Congressional Research Service. A "think tank" that provides reports to members of Congress on a variety of topics relevant to current political events.

    Missouri Service Center (MSC) was transitioned into the National Benefits Center (NBC). The NBC was established to serve as the hub and conduit for USCIS local field offices by completing all pre-interview processing of Forms generally requiring an interview. This pre-processing includes conducting background security checks, performing initial evidence reviews, adjudication of associated I-765 and I-131 applications (filed with the I-485 or separately), denial of adjustment of status cases for applicants who are statutorily ineligible, and forwarding scheduled cases to the USCIS local office for adjudication. In employment based cases, transfer to NBC usually means an interview can be expected. This can occur even if PD is retrogressed.

    Online Form DS-160, Nonimmigrant Visa Electronic Application can only be used by visa applicants applying at a U.S. Embassy or Consulate which has converted to the new electronic fully online form and process. For more information visit travel.state.gov DS-160 informational webpage for a listing of embassy locations using Form DS-160. Next, visit one of the U.S. Embassy websites using the Form DS-160 and where you will apply, to review detailed nonimmigrant visa how-to-apply instructions, in addition to these FAQs.

    1. Where can I find the DS-160?
    You can access the DS-160 from the Consular Electronic Application Center website or from the link on the U.S. Embassy or Consulate website.

    The mission of the Employment and Training Administration is to contribute to the more efficient functioning of the U.S. labor market by providing high quality job training, employment, labor market information, and income maintenance services primarily through state and local workforce development systems.

    A form issued by school for applicants to obtain a Student Visa.

    A form issued by school or sponsor for applicants to obtain a J Visa.

    United Kingdom

    Cyprus Immigration

    Japan

    France

    Germany

    Ireland

    Kuwait Immigration

    Saudi Arabia Immigration

    United Arab Emirates Immigration

    Singapore Immigration

    Chile Immigration

    China Immigration new

    Egypt Immigration

    France Immigration

    Malaysia Immigration

    Maldives Immigration

    Malta Immigration

    Mauritius Immigration

    Nepal Immigration

    Norway Immigration

    New Zealand Immigration

    Romania Immigration

    South Africa Immigration

    South Korea Immigration

    Sweden Immigration

    Switzerland immigration

    Trinidad immigration

    In April of 1994, the Department of State opened a permanent Immigrant Visa processing facility at the National Visa Center (NVC) in Portsmouth, NH. The NVC processes all approved immigrant visa petitions after they are received from Citizenship and Immigration Services in the Department of Homeland Security (CIS) and retains them until the cases are ready for adjudication by a consular officer abroad.

    Every month, the Visa Office (VO) establishes Qualifying Dates that determine if a petition will be eligible for processing. Qualifying Dates are the latest priority dates that can be processed for certain visa categories. An immigrant visa petition can only become ready for further processing when the Qualifying Date in the appropriate visa category has advanced up to the priority date of the petition. Petitions may remain at NVC for several months or for many years depending on the visa category and country of birth of the visa applicant.

    NVC’s Role

    The NVC is responsible for the collection of visa application fees and visa application documentation. When an applicant's priority date meets the most recent Qualifying Date, the NVC will contact the applicant and petitioner with instructions for submitting the appropriate processing fees. After the appropriate processing fees are paid, the NVC will again contact the applicant and petitioner to request that the necessary immigrant visa documentation be submitted to the NVC.

    The U.S. Department of State's official site for U.S. visa information

    InfoPass is an Internet-based system that enables the public to go online to schedule appointments with immigration information officers at U.S. Citizenship and Immigration Services (USCIS) offices. If you have a complex immigration question or need that is best addressed by a trained USCIS officer in person, InfoPass offers a convenient alternative to waiting in line for assistance. InfoPass is a secure Internet site.

    8 C.F.R. ง 214.3(l)(1)(ii):

    (l) Designated official.

    (1) Meaning of term Designated Official. As used in งง 214.1(b), 214.2(b),
    214.2(f), 214.2(m), and 214.4, a Designated Official, Designated School
    Official (DSO), or Principal Designated School Official (PDSO), means a
    regularly employed member of the school administration whose office is
    located at the school and whose compensation does not come from commissions
    for recruitment of foreign students. An individual whose principal
    obligation to the school is to recruit foreign students for compensation
    does not qualify as a designated official. The PDSO and any other DSO must
    be named by the president, owner, or head of a school or school system. The
    PDSO and DSO may not delegate this designation to any other person.

    (i) A PDSO and DSO must be either a citizen or lawful permanent resident of
    the United States.

    (ii) Each campus must have one PDSO. The PDSO is responsible for updating
    SEVIS to reflect the addition or deletion of any DSO on his or her
    associated campus. SEVP will use the PDSO as the point of contact on any
    issues that relate to the school's compliance with the regulations, as well
    as any system alerts generated by SEVIS. SEVP may also designate certain
    functions in SEVIS for use by the PDSO only. The PDSO of the main campus is
    the only DSO authorized to submit a Form I-17 for recertification. The PDSO
    and DSO will share the same responsibilities in all other respects.

    (iii) Each school may have up to 10 designated officials at any one time,
    including the PDSO. In a multi-campus school, each campus may have up to 10
    designated officials at any one time including a required PDSO. In a private
    elementary or public or private secondary school system, however, the entire
    school system is limited to 10 designated officials at any one time
    including the PDSO.

    The DS-160, Online Nonimmigrant Visa Application, is a fully integrated online application form that is used to collect the necessary application information from a person seeking a nonimmigrant visa for temporary travel to the United States.

    OFLC processes labor certification applications for employers seeking to bring foreign workers into the United States and grants certifications in those cases where employers can demonstrate that there are not sufficient U.S. workers available, willing and qualified to perform the work at wages that meet or exceed the prevailing wage paid for the occupation in the area of intended employment.

    Designated School Official is a school officer designated to work with students and act as a representative of USCIS/ICE in certain matters.

    Student and Exchange Visitor Information System www.ice.gov/sevis.

    SEVIS is an Internet-based system that maintains accurate and current information on non-immigrant students (F and M visa), exchange visitors (J visa), and their dependents (F-2, M-2, and J-2). SEVIS enables schools and program sponsors to transmit electronic information and event notifications via the Internet, to the ICE and Department of State (DOS) throughout a student or exchange visitor’s stay in the United States. The system will reflect international student or exchange visitor status changes, such as admission at Port of Entry (POE), change of address, change in program of study, and other details. SEVIS will also provide system alerts, event notifications, and basic reports to the end-user schools, programs, and Immigration related field offices.

    SEVP acts as the bridge for government organizations that have an interest in information on foreign students. SEVP helps the Department of Homeland Security and Department of State monitor school and exchange programs and F, M and J category visitors. SEVP administers the F and M visa categories, while the Department of State manages the J exchange visitor program.
    SEVP uses the Student and Exchange Visitor Information System (SEVIS), a web-based solution, to track and monitor schools and programs, students, exchange visitors and their dependents while approved to participate in the U.S. education system.
    SEVP collects, maintains and provides the information so that only legitimate foreign students or exchange visitors gain entry to the United States. The result is an easily accessible information system that provides timely information to the Department of State, U.S. Customs and Border Protection (CBP), U.S. Citizenship and Immigration Services (USCIS) and U. S. Immigration and Customs Enforcement (ICE).
    For more details, please visit the link, http://www.ice.gov/sevis/

    Introduction:

    VIBE is a web-based adjudication tool used by USCIS to validate basic information about companies petitioning to employ alien workers. VIBE uses commercially available data from an independent information provider (IIP) to validate basic information about companies petitioning to employ certain alien workers. Dun and Bradstreet (D&B) is the current IIP for this program.

    This service is available to US based, privately held companies only. It is free of charge, and petitioning employers may access this process via D&B’s iUpdate for U.S. government customers -- a free, password-protected and encrypted online service tool offered by D&B.

    Please note that USCIS does not expect or require petitioners to contact D&B or pay any fees associated with creating or updating an existing record. Employers who wish to update their information through D&B directly may be subject to direct marketing by the organization or encounter D&B representatives who may suggest a purchase of the firm’s products and services.

    Purpose of VIBE:

    The purpose behind VIBE is to increase the efficiency of the visa petitioning process by reducing the amount of documents employers have to submit with each petition in order to prove eligibility. Furthermore, USCIS will also be able to reduce the number of RFEs issued to otherwise eligible petitioners.

    An important point to note is that USCIS will not deny a petition based solely on information from VIBE without at least first giving the petitioner an opportunity to respond to the RFEs or NOIDs issued by USCIS.

    Please note that whether or not you choose to create a record or update your record with D&B, you must respond to any RFE or NOID received from USCIS. Failure to respond could result in the denial of your petition. Furthermore, it is necessary to resolve relevant inconsistencies in the information provided by the employer, on one hand, and information available on VIBE, on the other.

    Employment Authorization Document. This is evidence that a person is authorized to work in USA. People undergoing Adjustment of Status (AOS or I-485 process) are entitled to an EAD.

    Specific information related to our team and this site.

    Deferred Action is consent by the Government not to deport (remove) an otherwise deport-able individual. Usually it is given for humanitarian reasons and work authorization is also provided. Unlawful presence is stopped during deferred action, but any unlawful presence already accrued does not get wiped away. Deferred action is not a visa or a full legal status.

    Automatic Visa Revalidation - Definition from Travel.state.gov

    Re-entering the U.S. with a Valid I-94 Form & Expired Visa is Limited
    What Is Automatic Revalidation?

    The Department of Homeland Security (DHS) U.S. Customs and Border Protection (CBP) has the authority and the responsibility over the admission of travelers to the U.S. Under the automatic revalidation provision of immigration law, certain temporary visitors holding expired nonimmigrant visas who seek to return to the U.S. may be admitted at a U.S. port of entry by CBP, if they meet certain requirements, including, but not limited to the following:

    Nonimmigrants who departed the U.S. for brief travel to Canada, Mexico, or an adjacent island (for F and J nonimmigrants) for thirty days or less;
    Nonimmigrants with a valid (unexpired) Form I-94, Arrival-Departure Record, endorsed by DHS.

    More Information about Automatic Revalidation

    For more information about automatic revalidation provisions and reentry to the U.S., visit the International Visitors webpage and the Automatic Revalidation Fact Sheet on the CBP website. Students and Exchange Visitors should review additional important information about travel outside the U.S. and reentry procedures on the DHS Immigration and Customs Enforcement (ICE) website.

    Automatic revalidation is not the same as applying for a new visa. If you apply for a new nonimmigrant visa, you cannot take advantage of automatic revalidation.
    Who Must Reapply for and Be Reissued a Visa at a U.S. Embassy or Consulate?

    This webpage explains which travelers must reapply and be reissued visas when their existing visas have expired, even if they are in possession of valid I-94 forms, in order to gain admission to reenter the U.S.

    Many nonimmigrants will need to reapply and be reissued visas to reenter the U.S. when their existing visas have expired, even if they are in possession of valid I-94 forms, because automatic revalidation applies to limited categories of travelers. Refer to the Automatic Revalidation Fact Sheet on the CBP website. The following temporary visitors whose nonimmigrant visas have expired, but who have valid I-94 forms, must reapply for and be issued nonimmigrant visas prior to their reentry to the U.S., if one or more of the following situations exists (this is not a complete listing):

    The nonimmigrant traveler with an expired nonimmigrant visa (but valid Form I-94):

    Applied for a new visa which has not yet been issued;
    Applied for a new visa and was denied;
    Has been outside of the United States for more than thirty days;
    Has traveled to a country other than Canada, Mexico, or an adjacent island which is not included in the automatic revalidation provisions;
    Is a national of a State Sponsor of Terrorism designated country, including Cuba, Iran, Syria, and Sudan. Review more about State Sponsors of Terrorism and FAQs on this website;
    Is in possession of an F student visa or J exchange visitor visa and has traveled to Cuba;
    Is in possession of an M student visa and has traveled to a location outside the U.S., other than Canada and Mexico.

    Additional Resources – Laws

    The automatic revalidation provision of U.S. immigration law is described in both 8 CFR 214.1(b) and 22 CFR 112(d).
    We Want You to Know

    Visa News
    Adoption Alerts
    Diversity Visa
    Visa Waiver Program (VWP)
    Iraqis & Afghans-SIV
    Business Visa Center
    Customer Service Statement to Visa Applicants
    Fraud Warning

    Visa denial based upon immigrant intent defined in Section 214(b) of the Immigration and Nationality Act.

    Immigrant intent becomes an issue when an applicant outside or inside USA seeks a benefit (such as a visa, when outside USA, or a change of status, when within USA) that does not allow an applicant to possess the intention of residing permanently in USA ("immigrant intent"). For example, an applicant for a visitor's visa must not have the intention to reside in USA permanently. Their visa can be refused if they have immigrant intent.

    NOIR (Notice of Intent to Revoke) is a notice the government issues when it intends to revoke (cancel) approval of a case that it has already approved. This happens when the government notices that the case either should not have been approved initially or, subsequent to the approval, has become revocable. This notice gives us a last chance to present evidence and arguments why the government should not revoke the approval.

    NOID (Notice of Intent to Deny) is a notice the government issues when it intends to deny a pending case and gives us a last chance to present evidence and arguments why it should not be denied.

    NOID (Notice of Intent to Deny) is a notice the government issues when it intends to deny a case and gives us a last chance to present evidence and arguments why it should not be denied.

    NOIR (Notice of Intent to Revoke) is a notice the government issues when it plans to remove approval of a case that it has already approved. This happens when the government notices that the case either should not have been approved initially or, subsequent to the approval, has become revocable. This notice gives us a last chance to present evidence and arguments why the government should not revoke the approval.

    NOIR (Notice of Intent to Revoke) is a notice the government issues when it plans to remove approval of a case that it has already approved. This happens when the government notices that the case either should not have been approved initially or, subsequent to the approval, has become revocable. This notice gives us a last chance to present evidence and arguments why the government should not revoke the approval.

    NOID (Notice of Intent to Deny) is a notice the government issues when it intends to deny a case and gives us a last chance to present evidence and arguments why it should not be denied.

    Science, Technology, Engineering, and Math. The term often refers to the Designated Degree program requiring a degree in one of these fields of study. STEM programs, in recognition of their importance to US interests, are awarded special consideration in certain areas under US immigration laws.

    A Returning Resident Permit, or SB-1 Visa, is what a Legal Permanent Resident (LPR or Green Card holder) can get to return to the United States after being out of the country for more than one year. When an LPR leaves the United States, they must return within a year. If they stay more than a year, they must obtain a Returning Resident Permit in order to return. This also applies to those who remain outside of the country longer than is allowed by their reentry permit.
    You apply for a returning residence visa through the consulate in your home country. There, you have to explain in quite some detail the genuine reason for your inability to return to USA within one year. It is discretionary upon the consulate whether they are convinced by the genuineness of your response or not.
    For more information, see this State Department’s webpage: http://travel.state.gov/visa/immigrants/info/info_1333.html

    A Returning Resident Permit, or SB-1 Visa, is what a Legal Permanent Resident (LPR or Green Card holder) can get to return to the United States after being out of the country for more than one year. When an LPR leaves the United States, they must return within a year. If they stay more than a year, they must obtain a Returning Resident Permit in order to return. This also applies to those who remain outside of the country longer than is allowed by their reentry permit.
    You apply for a returning residence visa through the consulate in your home country. There, you have to explain in quite some detail the genuine reason for your inability to return to USA within one year. It is discretionary upon the consulate whether they are convinced by the genuineness of your response or not.
    For more information, see this State Department’s webpage: http://travel.state.gov/visa/immigrants/info/info_1333.html

    U.S. Legislature responsible for making laws. Consists of two houses: Senate and the House of Representatives.

    One of the two houses of U.S. Legislature responsible for making laws. The other is the House of Representatives.

    One of the two houses of U.S. Legislature responsible for making laws. The other is the Senate.

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  10. Thursday,...
    Question: Has USCIS clarified the distinction between unauthorized employment, failure to maintain status, and unlawful presence.
    Answer:

    USCIS has provided the following clarification:

    Background: A Form I-485, Application to Register Permanent Residence or Adjust Status, seeks to accord Lawful Permanent Resident (LPR) status to an alien who is the beneficiary of an approved employment-based (EB) or other immigrant visa petition, such as Form I-140, Immigrant Petition for Alien Worker. Section 245 of the Immigration and Nationality Act (the Act), as amended, is the statutory basis for adjustment, which is discretionary and regulated by U.S. Citizenship and Immigration Services (USCIS). 

    To adjust, an alien in the U.S. must apply, have an immigrant visa immediately available to them, and be admissible. They must also undergo a medical examination, security checks and, in some instances, an interview. An alien is not entitled to adjustment and a denied Form I-485 may not be appealed; however motions may be filed. Common grounds for the denial of an EB Form I-485 include failure to maintain a lawful status and/or engaging in unauthorized employment after admission. Much less common, yet noteworthy due to the lengthy statutory bars entailed, are denials due to unlawful presence.

    This clarification will address maintenance of lawful status, unauthorized employment, and unlawful presence as applied to adjustment under section 245 of the Act. (The information provided herein does not supersede existing USCIS statute, regulation, or existing policy. For additional information on the topics herein, readers should refer to official USCIS statute, regulation, field manuals, and binding policy.) Since lawful status and employment authorization are not required for adjustment under section 245(i) of the Act, emphasis will be given to sections 245(a) and (k) of the Act, under which the majority of EB applicants presently adjust.

    Section 245 Overview: Sections 245(a), (k) and (i) of the Act provide the three main “avenues” to adjustment. Eligibility under a specific section is contingent largely on the applicant’s means of entry to the U.S., maintenance of status, employment authorization (if applicable), admissibility under section 212 of the Act, and submission of required initial evidence. Section 245(c) of the Act describes the classes of aliens who are restricted from adjustment. These provisions are further applied by Title 8, Code of Federal Regulations, part 245, and Chapter 23.5 of the Adjudicator’s Field Manual. EB adjustments are also subject to a number of binding Service policy memoranda and precedent decisions.

    Section 245(a) of the Act applies to an alien who: 

    Is not restricted under sections 245(c), (d), (e), or (f) of the Act, or Title 8 CFR Part 245.1(c) (includes alien crewmen, transit without visa aliens, K-1 fiancées, conditional permanent residents, aliens in removal proceedings, inadmissible aliens without waivers and other classes), and

    Is present in the U.S. pursuant to a lawful entry (admission), and

    Has maintained, continuously, a lawful status from the time of their last admission until filing for adjustment, and

    Is in a lawful status upon filing for adjustment, and

    Has not, at any time since their last admission, engaged in unauthorized employment.

    A number of otherwise eligible aliens fail to maintain lawful status or engage in unauthorized employment after their admission, or they may not be in a lawful status upon filing for adjustment. This renders them subject to the restrictions under sections 245(c)(2), (7) and (8) of the Act and therefore ineligible to adjust under section 245(a).

    Section 245(k) of the Act provides certain preference aliens with limited relief from the aforementioned restrictions. The full section is as follows:

    (k) An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)
    (C), under section 203(b)(4)) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if--

    (1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;

    (2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--

    (A) failed to maintain, continuously, a lawful status;

    (B) engaged in unauthorized employment; or

    (C) otherwise violated the terms and conditions of the alien's admission.

    Section 245(i) of the Act, which was created and extended, respectively, by Public Laws 105-119 and 106-554, permits certain aliens who are further restricted under section 245(c) of the Act [and generally ineligible to adjust under sections 245(a) or (k)], to overcome those restrictions.

    Examples include applicants who failed to maintain a lawful status or engaged in unauthorized employment for more than 180 days; aliens who entered without inspection; crewmen and transit without visa (TWOV) aliens. The sunset of this provision was on April 30, 2001. However, section 245(i) remains available to an adjustment applicant who:

    Is the beneficiary of an immigrant visa petition or labor certification filed on or before April 30, 2001 (or is a grandfathered alien), and

    Has failed to maintain, continuously, a lawful status and/or engaged in unauthorized employment for more than 180 days since their last entry, or is otherwise restricted from adjustment under certain sections of 245(c) of the Act, and

    Was physically present in the U.S. on December 20, 2000 (applies only to principal applicants whose visa petition or labor certification was filed between 1/14/1998 and 4/30/2001), and

    Completes a Supplement A to Form I-485, and

    Pays a penalty fee of $1,000 (if aged 17 or older at filing).

    Under section 245(i) of the Act, an alien remains eligible to adjust regardless of unlawful entry, failure to maintain status or unauthorized employment. However, such aliens may be subject to the accrual of unlawful presence, which shall be discussed in that section.

    FAILURE TO MAINTAIN STATUS

    Title 8, CFR Part 245.1(d)(1) defines “lawful immigration status” to include nonimmigrant status (e.g. B2, F1, H1B, J1, L1A), refugee status and asylum. Temporary protected status (TPS) granted under section 244 of the Act and F-1 student occupational practical training (OPT) are also considered lawful status for adjustment purposes. Examples of persons not in lawful status include aliens who entered without inspection, aliens whose nonimmigrant status has expired, and parolees who were not inspected and admitted.

    In terms of Form I-485 adjudication, lawful status is counted from the date of the alien’s last admission until the Form I-485 is filed. Any gaps or violations that occurred prior to the alien’s last admission or after Form I-485 was filed are not counted. (These limitations do not, in any way, bar USCIS from scrutinizing an applicant’s full immigration and employment history within the record of proceeding to otherwise determine admissibility or eligibility.) Lapses or violations totaling 180 days or less are permissible under section 245(k) of the Act. 

    An alien fails to maintain lawful status when their status has expired, has been revoked, or has been terminated. In particular, an alien admitted as a nonimmigrant fails to maintain lawful status upon overstaying his or her authorized period of admission, as specified by the expiration date on the alien’s Form I-94 (Arrival/Departure Record) or Form I-797 (Notice of Action). Applicants also fail to maintain lawful status by violating the terms and conditions of their admission. This means that although the alien held (or was granted) a lawful status, he or she engaged in activities which violated the terms and conditions of that status.

    Example 1: Marie, who is the beneficiary of an approved Form I-140 immigrant visa petition, was last admitted to the U.S. as a B-2 nonimmigrant visitor on April 15, 2006, valid until October 15, 2006. She was not granted any other status and filed her Form I-485 on January 15, 2007.

    Marie was out of status from October 16, 2006, until filing for adjustment on January 15, 2007, a period of 91 days. She was also not in a lawful status at the time of filing her Form I-485. Consequently, she is a restricted alien as per sections 245(c)(2) and (7) of the Act and ineligible to adjust under section 245(a). However, Marie remains eligible to adjust under section 245(k) of the Act, because (k) does not require a lawful status upon filing and the aggregate period in which she failed to maintain a lawful status did not exceed 180 days.

    Example 2: Lee, who is the beneficiary of an approved Form I-360 special immigrant (religious worker) visa petition, was last admitted as an R-1 nonimmigrant religious worker on April 10, 2005, valid until April 10, 2007. Lee worked for the petitioning religious organization until July 4, 2006, then quit to pursue a nursing degree. Lee was not granted any other status. Lee files a Form I-485 on April 1, 2007, with the intention of returning to his Form I-360 employer once approved.

    By leaving the position that was the basis for his R-1 nonimmigrant status and attending school, Lee violated the terms and conditions of his admission from July 5, 2006, until filing for adjustment April 1, 2007, a period of 270 days. Consequently, Lee is a restricted alien as per sections 245(c)(2) and (8) of the Act and ineligible to adjust under section 245(a). Lee is also ineligible to adjust under section 245(k) of the Act, because the aggregate period in which he failed to maintain, continuously, a lawful status exceeded 180 days. Assuming Lee is further ineligible for section 245(i) relief, his Form I-485 would be denied.

    Additional Considerations:

    • Adjustment applicants who have been in the U.S. for extended periods may have multiple extensions of status (EOS) or changes of status (COS). If an EOS/COS is filed timely, but not approved until after the prior status has expired, the applicant will still be considered to have maintained a lawful status from the date the EOS/ COS was filed. The gap created by the period the EOS/COS request was pending with CIS should not be held against the applicant.

    • If an alien’s EOS/COS request is denied, his or her lawful status is considered to have ended as of the original expiration date. A denied EOS/COS does not confer a “lawful status” for adjustment purposes or have the effect of such status.

    • A previously filed Form I-485 that has been denied does not confer a “lawful status” for the purposes of re-filing for adjustment or have the effect of such status.

    • As set forth in Title 8 CFR part 245.1(d)(2), an alien’s failure to maintain lawful status may be forgiven for a particular period, provided such failure was through no fault of their own or for technical reasons. However, the burden of proof remains with the alien.

     

    UNAUTHORIZED EMPLOYMENT

    The term “employment,” for adjustment purposes, means any service or labor performed by an employee for an employer within the U.S. Employment after admission must generally be authorized by USCIS. EB adjustment applicants are most often authorized by being admitted in (or granted) an employment-authorized nonimmigrant status (e.g. H1B, L1, R-1, TN). It is important to recognize that such nonimmigrant classifications confer both lawful status and authorization to work, specifically for the petitioning employer.

    Certain aliens are authorized to work incidentally to their status, such as an F-1 nonimmigrant student who works on-campus as part of their study program. As per Title 8 CFR Part 274a.12, many classes of aliens, including asylees, refugees, certain nonimmigrant dependents and pending adjustment applicants, may also apply for an Employment Authorization Document (EAD). An EAD is generally not employer-specific.

    Section 245(c)(2) of the Act bars from adjustment an alien who “continues in or accepts unauthorized employment prior to the filing of an application for adjustment of status…” Section 245(c)(8) further bars “any alien who was employed while the alien was an unauthorized alien, as defined in section 274A(h)(3), or who has otherwise violated the terms of a nonimmigrant visa.”

     

    Section 274A(h)(3) of the Act, as amended, states:

    (3) Definition of unauthorized alien. As used in this section, the term “unauthorized alien” means, with respect to the employment of an alien at a particular time, that the alien is not at that time either (A) an alien lawfully admitted for permanent residence, or (B) authorized to be so employed by this Act or by the Attorney General. 

    Title 8, Code of Federal Regulations, Part 274a.12(c)(9) states:

    An alien who has filed an application for adjustment of status to lawful permanent resident pursuant to part 245 of this chapter. For purposes of section 245(c)(8) of the Act, an alien will not be deemed to be an “unauthorized alien” as defined in section 274A(h)(3) of the Act while his or her properly filed Form I-485 application is pending final adjudication, if the alien has otherwise obtained permission from the Service pursuant to 8 CRF 274a.12 to engage in employment….

    Additionally, Title 8, Code of Federal Regulations, Part 245.1(b) states, in pertinent part:

    Restricted Aliens….

    (10) Any alien who was ever employed in the United States without authorization of the Service….For purposes of this paragraph an alien who meets the requirements of § 274a.12(c)(9) of this chapter shall not be deemed to have engaged in unauthorized employment during the pendency of his or her adjustment application…

    Unlike lawful status, which is counted from the time of the alien’s last admission until the Form I-485 is filed, unauthorized employment is counted from the time of admission until the Form I-485 is approved. The filing of an adjustment application does not “stop the clock” for the purpose of assessing unauthorized employment.

    Unauthorized employment begins when an alien accepts employment without Service authorization or continues to work after their existing authorization expires. Unauthorized employment ends upon the alien being granted authorization or the employment is terminated. For any periods in which USCIS determines the alien engaged in unauthorized employment, the alien bears the burden of establishing that such periods were authorized, or that he or she did not, in fact, engage in unauthorized employment. Again, as per section 245(k) of the Act, periods of unauthorized employment totaling 180 days or less may be forgiven. 

    Important: Any overlapping days of unauthorized employment and unlawful status count only once against the 180 day aggregate of section 245(k), in favor of the alien.

     

    Additional considerations:

    • Routine absences from work, such as weekends, vacations, or sick leave do not interrupt unauthorized employment. The “aggregate” of section 245(k) refers to the sum of all such periods and not simply the actual workdays within a given period.

    • Unauthorized employment is not stopped by departing the U.S. and reentering with a valid advance parole document (Form I-512). In accordance with section 245(k) of the Act, an alien can begin to accrue time against the 180-day period for violations that occurred on or after the alien’s last lawful admission. An alien who enters the U.S. pursuant to an advance parole is not “lawfully admitted” and, therefore, cannot benefit from a new 180- day period.

    • Religious workers engaging in their qualifying occupation or vocation are considered to be “employed” for adjustment purposes and need authorization, even if their compensation is not monetary (room and board, stipends, health insurance, etc. are considered compensation).

    UNLAWFUL PRESENCE

    The unlawful presence statute was created by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Public Law 104-208 (“IIRAIRA”). Unlawful presence is defined as an alien present in the U.S. after their “period of stay authorized by the Attorney General” expires, or present in the U.S. without having been admitted or paroled. Aliens who have been unlawfully present in the U.S. for more than 180 days may be inadmissible if they depart.

    Unlawful presence, which is an inadmissibility under section 212(a) of the Act, is not the same as failure to maintain lawful status or unauthorized employment. It is an entirely separate concept, both legally and in terms of determining adjustment eligibility. Unlawful presence is pertinent to adjustment because an alien must be admissible in order to be eligible to adjust.

    Section 212(a) of the Act states, in pertinent part:

    (a) Classes of aliens ineligible for visas or admission. Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:

    (9)…(B) Aliens unlawfully present.

    (i) In general. Any alien (other than an alien lawfully admitted for permanent residence) who—

    (I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e)) prior to the commencement of proceedings under section 235(b)(1) or section 240, and again seeks admission within 3 years of the date of such alien's departure or removal, … is inadmissible.

    (II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien’s departure or removal from the United States, is inadmissible.

    (ii) Construction of unlawful presence. For the purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled…

    Unlawful presence accrues when an alien in the U.S. is not in a “period of stay authorized by the Attorney General.” “Authorized” stay includes lawful status, such as nonimmigrant status, refugee status, TPS, and asylum. However, several additional periods qualify as “authorized” stays, including:

    • Grants of voluntary departure;

    • Grants of withholding or deferral of removal under the United Nations Convention Against Torture;

    • Legalization and special agricultural worker applications for lawful temporary residence that are pending through an administrative appeal;

    • Grants of withholding or suspension of deportation, or cancellation of removal;

    • Applications for temporary and permanent residence by Cuban-Haitian entrants under section 202(b) of PL 99-603 through administrative appeal;

    • Grants of Temporary Protected Status and Deferred Enforced Departure; and

    • Applications for adjustment of status under section 245 of the Act (including section 245(i)).

    Additionally, there are several important statutory exemptions to unlawful presence:

    • Aliens under age 18 do not accrue unlawful presence;

    Unlawful presence before April 1, 1997 (the enactment date of IIRAIA) is not counted;

    • Accrual of unlawful presence stops upon filing of Form I-485 (unless the Form I-485 was filed solely to prevent removal);

    • Aliens with timely filed pending EOS/COS applications do not accrue unlawful presence while their request is pending. If the EOS/COS is denied, unlawful presence resumes upon denial;

    • An alien admitted as a nonimmigrant for duration of status “D/S,” particularly F-1 students and J-1 exchange visitors, do not accrue unlawful presence until CIS finds such a violation while adjudicating a benefit and notifies the alien in writing;

    • Additional exemptions exist, including battered women and children described under section 212(a)(6)(A)(ii) of the Act and family unity beneficiaries.

    The above exceptions aside, an alien who departs the U.S. after being unlawfully present for a period of more than 180 days (but less than one year) is inadmissible under section 212(a)(9)(B)(i)(I) of the Act and triggers the three-year bar. An alien who departs the U.S. after being unlawfully present for more than one year is inadmissible under section 212(a)(9)(B)(i)(II) of the Act and triggers the ten-year bar. Unlawful presence is counted as continuous, not aggregate, time in the U.S. (Exception: Unlawful presence is counted in the aggregate for aliens subject to the permanent bar under section 212(a)(9)(C) of the Act. Specifically, an alien who accrues an aggregate of more than one year of unlawful presence in the U.S., then departs and re-enters without inspection, is barred permanently. The illegal entry must have occurred on or after April 1, 1997.) It is critical to note that the alien must depart in order to trigger the unlawful presence bars. In the absence of a departure, the accrual of unlawful presence is moot.

    Section 212(a)(9)(B)(v) of the Act provides the (legacy) Attorney General with the sole discretion to waive the three- or ten-year unlawful presence bars, if the alien is the spouse or son or daughter of a U.S. Citizen (USC) or LPR. The alien must demonstrate that the refusal of their admission would result in extreme hardship to the USC or LPR spouse or parent. The dispensation of this waiver is rare and the burden of proof lies with the alien.

    Example 1: John is admitted to the U.S. as a B-2 nonimmigrant visitor on October 30, 2001, with permission to remain until April 29, 2002. He files a timely request to extend his B-2 status on April 15, 2002. This request is denied on June 1, 2002. John does not have any other status and subsequently departs the U.S on February 10, 2003. On August 12, 2004, he is admitted as an H1B nonimmigrant specialty worker. A Form I-140 is later filed and approved on his behalf. John files his Form I-485 on March 10, 2007.

    John was unlawfully present in the U.S. from June 1, 2002—the date his timely filed EOS was denied—until his departure February 10, 2003, a continuous period of 254 days. His departure, after being unlawfully present for more than 180 days, but less than one year, renders him inadmissible under section 212(a)(9)(B)(i)(I) of the Act and triggers the three year bar. Provided John does not qualify for the waiver, his Form I-485 would be denied.

    Example 2: Rita enters the U.S. as an F-1 nonimmigrant student on August 20, 2003, with permission to remain for the duration of her status (“D/S”). After attending school full time for one semester, Rita changes to part time, then drops out entirely. She spends the next sixteen months visiting friends across the U.S. and working as a house sitter. She then departs on July 1, 2005. After completing her degree abroad, Rita is admitted to the U.S. on July 30, 2007, as J-1 nonimmigrant exchange visitor. Shortly thereafter, a Form I-140 is approved on her behalf and she files for adjustment.

    Although Rita violated her F-1 nonimmigrant status and engaged in unauthorized employment for over a year prior to her departure, she did not accrue unlawful presence because she was admitted for “duration of status” and CIS did not find the violation while adjudicating a benefit or notify her in writing. Her departure therefore did not render her inadmissible under section 212(a)(9)(B)(i)(II) of the Act and did not trigger the ten-year bar.

    Further, her violation of status and unauthorized employment occurred prior to her most recent admission as a J-1 nonimmigrant. Provided she is otherwise eligible, her Form I-485 is approvable.

    Other important unlawful presence considerations:

    • The statutory unlawful presence bars under sections 212(a)(9)(B)(i) of the Act are not overcome by section 245(k) or (i) relief. Such an alien would still have to establish eligibility for the waiver;

    • Departing the U.S. with a valid advance parole document (Form I-512) is considered a departure for unlawful presence purposes. Advance parole does not relieve the alien from being subject to unlawful presence.

    For additional Service clarifications and policy regarding unlawful presence:

    • AFM Chapter 30.1(d)

    • March 27, 2003 memorandum by the CIS Chief, Inspections Law Division, Office of General Counsel:

    “Interpretation of ‘Period of Stay Authorized by the Attorney General’ in determining ‘unlawful presence’ under INA section 212(a)(9)(B)(ii).”

    • June 12, 2002 memorandum by the CIS Executive Associate Commissioner, Office of Field Operations: “Unlawful Presence.”

    This content is tagged for employers and Human Resources professionals responsible for hiring foreign professionals/workers in USA

    US Department of Labor is charged with protecting the labor market and investigation and enforcement activities related to that.

    Immigration and Custom Enforcement. This agency used to be a part of old INS. When DHS was formed, enforcement personnel of US Customs Service and INS were combined to form ICE, which is now responsible for a large part of immigration enforcement activity.

    Department of State (State Department) is responsible for issuing visas, which are a permission to travel to USA.

    A method to obtain green card used to avoid the need for PERM based labor certification.

    Customs and Border Protection. This agency was spun off from old INS. CBP is responsible for inspecting people when they land at airports, docks and land borders.

    To qualify for an A-1 (or A-2 visa), you must be traveling to the United States on behalf of your national government to engage solely in official activities for that government.  The fact that there may be government interest or control in a given organization is not in itself the defining factor in determining if you qualify for an A visa; the particular duties or services that will be performed must be governmental in character or nature, as determined by the United States Department of State, in accordance with U.S. immigration laws. Government officials traveling to the United States to perform non-governmental functions of a commercial nature, or traveling as tourists, require some other appropriate visa, and do not qualify for A visas.

    To qualify for an A-2 (or A-1 visa), you must be traveling to the United States on behalf of your national government to engage solely in official activities for that government. The fact that there may be government interest or control in a given organization is not in itself the defining factor in determining if you qualify for an A visa; the particular duties or services that will be performed must be governmental in character or nature, as determined by the United States Department of State, in accordance with U.S. immigration laws. Government officials traveling to the United States to perform non-governmental functions of a commercial nature, or traveling as tourists, require some other appropriate visa, and do not qualify for A visas.

    Consulates all over the world issue visas - a permission to enter USA for a specific purpose. Consulates are a part of the State Department (DOS - Department of State).

    Bangladesh Immigration

    Indonesia Immigration

    I-94 aka Arrival Departure Record is what governs your status in the USA. An expired I-94 can lead to bar from entering USA for 3 to 10 years.See details on &quot;Unlawful Presence&quot;.

    When used in relation to immigration, this is another name for being LEGALLY present in the USA

    This is a complicated term. Very simply (there is a lot more to it), you could have your status expire and still be authorized to stay in USA awaiting the outcome of a legally filed petition. This is something less than "Status" but much better than "Unlawful Presence."

    This is another complicated concept with some very serious consequences. Briefly, if you have been unlawfully present in USA for more than 180 days, you cannot come back to USA for 3 years and if unlawfully present for a year or more, you cannot come back for 10 years. Very generally speaking unlawful presence begins after expiration of the I-94 or after having been asked by the govt. to leave USA.

    These are topics related to appeals and motions for reconsideration or reopening of decisions (MTR) by govt. agencies such as USCIS, USDOL, etc.

    These are topics related to appeals and motions for reconsideration or reopening of decisions (MTR) by govt. agencies such as USCIS, USDOL, etc.

    Adjustment of Status

    Includes topics of loss of physical green card papers or the card itself as well as loss of green card through abandonment and criminal activity.

    When used in relation to immigration, this is another name for extending your status.

    Employees working in USA

    Personal employees, attendants and servants of A-1 and A-2 visa holders.

    EB4 category is for religious workers.

    “Priority Date” determines your place in the queue for waiting for green card in the categories where there is a wait. When the govt. has reached your PD, it is said to be “current.” For family-based green cards, PD is the date your I-130 was filed; for PERM-based cases, the date your PERM was filed; for employment-based cases other than through PERM (like EB-1 cases), PD is the date your I-140 was filed. DOS publishes the movement of the PD queue every month in the Visa Bulletin: http://www.immigration.com/visa-bulletin

    A publication of the US State Department that keeps track of the green card backlogs and informs us which "Priority Dates" are current so the applicants can expect to get through the last step of their green card processing. This is published every month around the 14th and tells us the availability for the following month. Note that certain categories of applicants ("immediate relatives") such as spouse of a US citizen are not shown in the visa bulletin because they are entitled to have their applications considered without any wait.

    Bureau of Citizenship and Immigration Services (now USCIS)

    Central Intelligence Agency

    Department of Homeland Security

    Department of Justice

    Federal Bureau of Investigation

    Immigration and Naturalization Service (now reconstituted into USCIS)

    Internal Revenue Service

    Office of Management and Budget

    Social Security Administration

    U.S. Citizenship and Immigration Services. Earlier known as INS. USCIS is responsible for providing immigration benefits to applicants. Homepage http://wwww.uscis.gov

    American Competitiveness and Workforce Improvement Act of 1998.

    Approval Date (When your application was approved)

    Alien Documentation, Identification & Telecommunications System

    Assistant Field Office Director

    Abbreviation for American Immigration Lawyers Association.

    Adjudications Officer

    Administrative Review

    Application Support Center: offers biometric services including fingerprinting services

    Birth Certificate

    Bureau of Citizenship and Immigration Services (now USCIS)

    Board of Immigrant Appeals

    Biometrics (include Digital photo, index finger print and your digital signature). This is needed for the production of Green Card.

    Customs and Border Protection

    Central Intelligence Agency

    Citizenship and Immigration Services

    Consulate Officer

    Consular Processing

    Conditional Permanent Resident

    Curricular Practical Training

    Central Regional Office

    California Service Center

    Cancelled Without Prejudice

    Deputy Field Office Director

    Department of Homeland Security

    Drivers License

    Department of Motor Vehicles

    Department of Justice

    Department of Labor

    Dallas Office Rapid Adjustment of Status

    Department of State

    Detention and Removal Operations

    Diversity Visa (a.k.a. Green Card Lottery)

    Eastern Application Center

    Employment Authorization Document (I-765, approval to work while waiting for Adjustment of Status - AOS Approval)

    Electronic Data Systems

    Executive Office of Immigration Review

    Expedited Removal

    Eastern Regional Office

    Entered Without Inspection

    Foreign Affairs Manual

    Federal Bureau of Investigation

    Field Office Director

    Finger Print

    File Transfer Request

    Green Card

    Immigration Judge

    International Marriage Brokers Act

    Immigration and Nationality Act

    Is an online appointment so you can go to your DO if you have a doubt or want to know something about your case in person or to request your interim EAD

    Immigration and Naturalization Service (now called USCIS)

    Immigration officer / Interviewing officer

    Immigration Reform and Control Act of 1986

    Internal Revenue Service

    Internet Service Provider

    Immigrant Visa

    Immigrant Visa Applicant Control System

    John F. Kennedy International Airport

    Kentucky Consular Center

    Labor Condition Application

    Lawful Permanent Resident

    Lawful Permanent Resident Alien

    Last Update Date on your on-line portfolio at USCIS website. It is the date when they last took action on your application, could be anything.

    Machine Readable Data

    Machine Readable Passport

    Machine Readable Visa

    Missouri Service Center

    Notice Date (When USCIS notified you that they received your application)

    National Data Entry Center

    Non Immigrant Visa

    Notice of Action is your receipt/letter that you received after you filed your forms (indicates I-797C)

    Notice of Proposed Rule Making

    Notice To Appear

    Nebraska Service Center

    National Visa Center

    New York District Office

    Office of Management and Budget

    Optional Practical Training

    Other Than Mexican

    Police Clearance Certificate

    Priority Date

    Port of Entry

    Permanent Resident (Also LPR - Legal Permanent Resident)

    Quality Assurance

    Receipt Date (When USCIS received your application)

    Remote Adjudications Center

    Request for Evidence

    Request for Initial Evidence

    Service Center (this is used with a prefix, eg CSC - California Service Center; MSC - Missouri Service Center, that is the address from where you will received your NOA (Notice of Action))

    Supervisory Detention & Deportation Officer

    Student Exchange Visitor Information System

    Student and Exchange Visitor Program

    Social Security Administration

    Social Security Number

    State Workforce Agency

    When the UCSIS "Touches" your petition or file it means that an action was taken which required your file to be physically touched or moved. Example: Your file is touched when it is given to an adjudicator to process.

    Temporary Protected Status

    Texas Service Center

    Transit Without Visa

    US Citizen

    U.S. Citizenship and Immigration Services

    System in airports that captures biometrics of people entering the country

    Voluntary Return

    Vermont Service Center

    Visa Waiver Program

    Western Application Center

    Western Regional Office

    Alien's Change of Address Form

    NAFTA Professional visa

    NAFTA Professional Dependant visa

    Pre-Flight Inspection

    PERM Processing: Program Electronic Review Management

    Individual Taxpayer Identification Number

    Interim EAD

    Application to Replace Permanent Residence Card

    Employment Eligibility Verification

    Affidavit of Support

    Application for Employment Authorization

    Green Card

    Application To Register Permanent Residence or Adjust Status

    Welcome Notice

    Immigrant Petition for Alien Worker

    Affidavit of Support

    Application for Travel Document

    Advance Parole or AP (Form I-131): The authorization to travel outside the US while your adjustment of status is pending. Note, Form I-131 is also used for Reentry Permit, an application by a US green card holder to be away from USA for over one year.

    Administrative Appeals Office

    Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student’s major area of study. Under the prior rules, an F-1 student could be authorized to receive up to a total of 12 months of practical training either before (pre-) and/or after (post-) completion of studies.

    This is an abbreviation for test_term and can be deleted

    AC21 is the name given to a law that provides for several matters including the ability to change jobs while an employment-based green card is pending (I-485 AC21 portability) and to start working for an H-1B employer as soon as transfer petition is filed with the USCIS.

    AC21 is the name given to a law that provides for several matters including the ability to change jobs while an employment-based green card is pending (I-485 AC21 portability) and to start working for an H-1B employer as soon as transfer petition is filed with the USCIS.

    American Immigration Lawyers Association

    Bureau of Educational and Cultural Affairs

    The process though which a person within USA obtains a change in their status to green card holder. This is usually the last step for (most not all) green card process.

    Includes Zoologists, Botanists

    Includes occupations in biochemistry, cytology, genetics, physiology

    Fashion Models

    Hotel management and related professions

    An alternative to obtaining the last step in the green card through the consulates outside USA. This is an alternative to adjustment of status.

    DOD (Department of Defense) project visas.

    Includes CPA's CA's and all other accountants and auditors

    Violence Against Women Act

    Child Status Protection Act

    Labor Condition Application. This is a part of some nonimmigrant visa applications process including H-1 visas. Not to be confused with "Labor Certification" also known as PERM, which is a part of the green card process. An LCA, or Labor Condition Application, is required to be submitted to and certified by the U.S. Department of Labor as a part of an H-1B application. The LCA serves to ensure that U.S. wages will not be depressed by the hiring of the H-1B employee and that the H-1B worker will not be exploited. In the LCA, the employer guarantees that it will pay the H-1B worker the required wage, which is the greater of the prevailing wage or the actual wage paid to other employees in the same position; that the H-1B employee will not displace a U.S. worker; and that the employment will not adversely affect the working conditions of workers similarly employed in the area of intended employment.

    Also known as CIS Ombudsman, this office provides recommendations for resolving individual and employer problems with the USCIS. As mandated by the Homeland Security Act of 2002 § 452, CIS Ombudsman is an independent office that reports directly to the Deputy Secretary of Homeland Security. http://www.dhs.gov/xabout/structure/editorial_0482.shtm

    PERM audits typically involve questions from the USDOL regarding the PERM filing.

    Used mostly in the context of the last step in green card processing (Adjustment of Status), preadjudication means USCIS is proceeding to make decision on the file even though priority date is not yet current. The idea is that way when the PD gets current, all they need to do is send approval notice and then the green card. So if the AOS is preadjudicated, you still need to wait for the PD to become current.

    Petition for a conditional resident who obtained status through marriage to apply to remove the conditions on his or her residence.

    Vermont Service Center

    California Service Center

    Nebraska Service Center

    Texas Service Center

    Office of the Chief Administrative Hearing Officer (OCAHO) is one of the three adjudicative bodies within the Executive Office for Immigration Review (EOIR). It has jurisdiction over three types of civil penalty cases: employer sanctions (INA § 274A - 8 USC § 1324a), unfair immigration-related employment practices (INA § 274B - 8 USC § 1324b), and immigration-related document fraud (INA § 274C - 8 USC § 1324c).

    Board of Alien Labor Certification Appeals is an adjudicative agency that decides in appeal PERM and wage disputes.

    Certifying Officer is the highest Department of Labor officer for a region. They are charged, amongst other things, with the responsibility to adjudicate PERM and LCA cases.

    Fraud Detection and National Security. FDNS was created to strengthen the ability of the U.S. Citizenship and
    Immigration Services (USCIS) to provide the right benefit to the right person at the right time, and no benefit to the wrong person.

    Citizenship in USA can be obtained through naturalization or through birth in USA.

    The process through which a person becomes a US Citizen.

    N-470 helps you preserve your stay abroad for naturalization under certain circumstances. So, even though you are living outside USA, you can accumulate that time for naturalization.

    Electronic System for Travel Authorization

    Congressional Research Service. A "think tank" that provides reports to members of Congress on a variety of topics relevant to current political events.

    Missouri Service Center (MSC) was transitioned into the National Benefits Center (NBC). The NBC was established to serve as the hub and conduit for USCIS local field offices by completing all pre-interview processing of Forms generally requiring an interview. This pre-processing includes conducting background security checks, performing initial evidence reviews, adjudication of associated I-765 and I-131 applications (filed with the I-485 or separately), denial of adjustment of status cases for applicants who are statutorily ineligible, and forwarding scheduled cases to the USCIS local office for adjudication. In employment based cases, transfer to NBC usually means an interview can be expected. This can occur even if PD is retrogressed.

    Online Form DS-160, Nonimmigrant Visa Electronic Application can only be used by visa applicants applying at a U.S. Embassy or Consulate which has converted to the new electronic fully online form and process. For more information visit travel.state.gov DS-160 informational webpage for a listing of embassy locations using Form DS-160. Next, visit one of the U.S. Embassy websites using the Form DS-160 and where you will apply, to review detailed nonimmigrant visa how-to-apply instructions, in addition to these FAQs.

    1. Where can I find the DS-160?
    You can access the DS-160 from the Consular Electronic Application Center website or from the link on the U.S. Embassy or Consulate website.

    The mission of the Employment and Training Administration is to contribute to the more efficient functioning of the U.S. labor market by providing high quality job training, employment, labor market information, and income maintenance services primarily through state and local workforce development systems.

    A form issued by school for applicants to obtain a Student Visa.

    A form issued by school or sponsor for applicants to obtain a J Visa.

    United Kingdom

    Cyprus Immigration

    Japan

    France

    Germany

    Ireland

    Kuwait Immigration

    Saudi Arabia Immigration

    United Arab Emirates Immigration

    Singapore Immigration

    Chile Immigration

    China Immigration new

    Egypt Immigration

    France Immigration

    Malaysia Immigration

    Maldives Immigration

    Malta Immigration

    Mauritius Immigration

    Nepal Immigration

    Norway Immigration

    New Zealand Immigration

    Romania Immigration

    South Africa Immigration

    South Korea Immigration

    Sweden Immigration

    Switzerland immigration

    Trinidad immigration

    In April of 1994, the Department of State opened a permanent Immigrant Visa processing facility at the National Visa Center (NVC) in Portsmouth, NH. The NVC processes all approved immigrant visa petitions after they are received from Citizenship and Immigration Services in the Department of Homeland Security (CIS) and retains them until the cases are ready for adjudication by a consular officer abroad.

    Every month, the Visa Office (VO) establishes Qualifying Dates that determine if a petition will be eligible for processing. Qualifying Dates are the latest priority dates that can be processed for certain visa categories. An immigrant visa petition can only become ready for further processing when the Qualifying Date in the appropriate visa category has advanced up to the priority date of the petition. Petitions may remain at NVC for several months or for many years depending on the visa category and country of birth of the visa applicant.

    NVC’s Role

    The NVC is responsible for the collection of visa application fees and visa application documentation. When an applicant's priority date meets the most recent Qualifying Date, the NVC will contact the applicant and petitioner with instructions for submitting the appropriate processing fees. After the appropriate processing fees are paid, the NVC will again contact the applicant and petitioner to request that the necessary immigrant visa documentation be submitted to the NVC.

    The U.S. Department of State's official site for U.S. visa information

    InfoPass is an Internet-based system that enables the public to go online to schedule appointments with immigration information officers at U.S. Citizenship and Immigration Services (USCIS) offices. If you have a complex immigration question or need that is best addressed by a trained USCIS officer in person, InfoPass offers a convenient alternative to waiting in line for assistance. InfoPass is a secure Internet site.

    8 C.F.R. ง 214.3(l)(1)(ii):

    (l) Designated official.

    (1) Meaning of term Designated Official. As used in งง 214.1(b), 214.2(b),
    214.2(f), 214.2(m), and 214.4, a Designated Official, Designated School
    Official (DSO), or Principal Designated School Official (PDSO), means a
    regularly employed member of the school administration whose office is
    located at the school and whose compensation does not come from commissions
    for recruitment of foreign students. An individual whose principal
    obligation to the school is to recruit foreign students for compensation
    does not qualify as a designated official. The PDSO and any other DSO must
    be named by the president, owner, or head of a school or school system. The
    PDSO and DSO may not delegate this designation to any other person.

    (i) A PDSO and DSO must be either a citizen or lawful permanent resident of
    the United States.

    (ii) Each campus must have one PDSO. The PDSO is responsible for updating
    SEVIS to reflect the addition or deletion of any DSO on his or her
    associated campus. SEVP will use the PDSO as the point of contact on any
    issues that relate to the school's compliance with the regulations, as well
    as any system alerts generated by SEVIS. SEVP may also designate certain
    functions in SEVIS for use by the PDSO only. The PDSO of the main campus is
    the only DSO authorized to submit a Form I-17 for recertification. The PDSO
    and DSO will share the same responsibilities in all other respects.

    (iii) Each school may have up to 10 designated officials at any one time,
    including the PDSO. In a multi-campus school, each campus may have up to 10
    designated officials at any one time including a required PDSO. In a private
    elementary or public or private secondary school system, however, the entire
    school system is limited to 10 designated officials at any one time
    including the PDSO.

    The DS-160, Online Nonimmigrant Visa Application, is a fully integrated online application form that is used to collect the necessary application information from a person seeking a nonimmigrant visa for temporary travel to the United States.

    OFLC processes labor certification applications for employers seeking to bring foreign workers into the United States and grants certifications in those cases where employers can demonstrate that there are not sufficient U.S. workers available, willing and qualified to perform the work at wages that meet or exceed the prevailing wage paid for the occupation in the area of intended employment.

    Designated School Official is a school officer designated to work with students and act as a representative of USCIS/ICE in certain matters.

    Student and Exchange Visitor Information System www.ice.gov/sevis.

    SEVIS is an Internet-based system that maintains accurate and current information on non-immigrant students (F and M visa), exchange visitors (J visa), and their dependents (F-2, M-2, and J-2). SEVIS enables schools and program sponsors to transmit electronic information and event notifications via the Internet, to the ICE and Department of State (DOS) throughout a student or exchange visitor’s stay in the United States. The system will reflect international student or exchange visitor status changes, such as admission at Port of Entry (POE), change of address, change in program of study, and other details. SEVIS will also provide system alerts, event notifications, and basic reports to the end-user schools, programs, and Immigration related field offices.

    SEVP acts as the bridge for government organizations that have an interest in information on foreign students. SEVP helps the Department of Homeland Security and Department of State monitor school and exchange programs and F, M and J category visitors. SEVP administers the F and M visa categories, while the Department of State manages the J exchange visitor program.
    SEVP uses the Student and Exchange Visitor Information System (SEVIS), a web-based solution, to track and monitor schools and programs, students, exchange visitors and their dependents while approved to participate in the U.S. education system.
    SEVP collects, maintains and provides the information so that only legitimate foreign students or exchange visitors gain entry to the United States. The result is an easily accessible information system that provides timely information to the Department of State, U.S. Customs and Border Protection (CBP), U.S. Citizenship and Immigration Services (USCIS) and U. S. Immigration and Customs Enforcement (ICE).
    For more details, please visit the link, http://www.ice.gov/sevis/

    Introduction:

    VIBE is a web-based adjudication tool used by USCIS to validate basic information about companies petitioning to employ alien workers. VIBE uses commercially available data from an independent information provider (IIP) to validate basic information about companies petitioning to employ certain alien workers. Dun and Bradstreet (D&B) is the current IIP for this program.

    This service is available to US based, privately held companies only. It is free of charge, and petitioning employers may access this process via D&B’s iUpdate for U.S. government customers -- a free, password-protected and encrypted online service tool offered by D&B.

    Please note that USCIS does not expect or require petitioners to contact D&B or pay any fees associated with creating or updating an existing record. Employers who wish to update their information through D&B directly may be subject to direct marketing by the organization or encounter D&B representatives who may suggest a purchase of the firm’s products and services.

    Purpose of VIBE:

    The purpose behind VIBE is to increase the efficiency of the visa petitioning process by reducing the amount of documents employers have to submit with each petition in order to prove eligibility. Furthermore, USCIS will also be able to reduce the number of RFEs issued to otherwise eligible petitioners.

    An important point to note is that USCIS will not deny a petition based solely on information from VIBE without at least first giving the petitioner an opportunity to respond to the RFEs or NOIDs issued by USCIS.

    Please note that whether or not you choose to create a record or update your record with D&B, you must respond to any RFE or NOID received from USCIS. Failure to respond could result in the denial of your petition. Furthermore, it is necessary to resolve relevant inconsistencies in the information provided by the employer, on one hand, and information available on VIBE, on the other.

    Employment Authorization Document. This is evidence that a person is authorized to work in USA. People undergoing Adjustment of Status (AOS or I-485 process) are entitled to an EAD.

    Specific information related to our team and this site.

    Deferred Action is consent by the Government not to deport (remove) an otherwise deport-able individual. Usually it is given for humanitarian reasons and work authorization is also provided. Unlawful presence is stopped during deferred action, but any unlawful presence already accrued does not get wiped away. Deferred action is not a visa or a full legal status.

    Automatic Visa Revalidation - Definition from Travel.state.gov

    Re-entering the U.S. with a Valid I-94 Form & Expired Visa is Limited
    What Is Automatic Revalidation?

    The Department of Homeland Security (DHS) U.S. Customs and Border Protection (CBP) has the authority and the responsibility over the admission of travelers to the U.S. Under the automatic revalidation provision of immigration law, certain temporary visitors holding expired nonimmigrant visas who seek to return to the U.S. may be admitted at a U.S. port of entry by CBP, if they meet certain requirements, including, but not limited to the following:

    Nonimmigrants who departed the U.S. for brief travel to Canada, Mexico, or an adjacent island (for F and J nonimmigrants) for thirty days or less;
    Nonimmigrants with a valid (unexpired) Form I-94, Arrival-Departure Record, endorsed by DHS.

    More Information about Automatic Revalidation

    For more information about automatic revalidation provisions and reentry to the U.S., visit the International Visitors webpage and the Automatic Revalidation Fact Sheet on the CBP website. Students and Exchange Visitors should review additional important information about travel outside the U.S. and reentry procedures on the DHS Immigration and Customs Enforcement (ICE) website.

    Automatic revalidation is not the same as applying for a new visa. If you apply for a new nonimmigrant visa, you cannot take advantage of automatic revalidation.
    Who Must Reapply for and Be Reissued a Visa at a U.S. Embassy or Consulate?

    This webpage explains which travelers must reapply and be reissued visas when their existing visas have expired, even if they are in possession of valid I-94 forms, in order to gain admission to reenter the U.S.

    Many nonimmigrants will need to reapply and be reissued visas to reenter the U.S. when their existing visas have expired, even if they are in possession of valid I-94 forms, because automatic revalidation applies to limited categories of travelers. Refer to the Automatic Revalidation Fact Sheet on the CBP website. The following temporary visitors whose nonimmigrant visas have expired, but who have valid I-94 forms, must reapply for and be issued nonimmigrant visas prior to their reentry to the U.S., if one or more of the following situations exists (this is not a complete listing):

    The nonimmigrant traveler with an expired nonimmigrant visa (but valid Form I-94):

    Applied for a new visa which has not yet been issued;
    Applied for a new visa and was denied;
    Has been outside of the United States for more than thirty days;
    Has traveled to a country other than Canada, Mexico, or an adjacent island which is not included in the automatic revalidation provisions;
    Is a national of a State Sponsor of Terrorism designated country, including Cuba, Iran, Syria, and Sudan. Review more about State Sponsors of Terrorism and FAQs on this website;
    Is in possession of an F student visa or J exchange visitor visa and has traveled to Cuba;
    Is in possession of an M student visa and has traveled to a location outside the U.S., other than Canada and Mexico.

    Additional Resources – Laws

    The automatic revalidation provision of U.S. immigration law is described in both 8 CFR 214.1(b) and 22 CFR 112(d).
    We Want You to Know

    Visa News
    Adoption Alerts
    Diversity Visa
    Visa Waiver Program (VWP)
    Iraqis & Afghans-SIV
    Business Visa Center
    Customer Service Statement to Visa Applicants
    Fraud Warning

    Visa denial based upon immigrant intent defined in Section 214(b) of the Immigration and Nationality Act.

    Immigrant intent becomes an issue when an applicant outside or inside USA seeks a benefit (such as a visa, when outside USA, or a change of status, when within USA) that does not allow an applicant to possess the intention of residing permanently in USA ("immigrant intent"). For example, an applicant for a visitor's visa must not have the intention to reside in USA permanently. Their visa can be refused if they have immigrant intent.

    NOIR (Notice of Intent to Revoke) is a notice the government issues when it intends to revoke (cancel) approval of a case that it has already approved. This happens when the government notices that the case either should not have been approved initially or, subsequent to the approval, has become revocable. This notice gives us a last chance to present evidence and arguments why the government should not revoke the approval.

    NOID (Notice of Intent to Deny) is a notice the government issues when it intends to deny a pending case and gives us a last chance to present evidence and arguments why it should not be denied.

    NOID (Notice of Intent to Deny) is a notice the government issues when it intends to deny a case and gives us a last chance to present evidence and arguments why it should not be denied.

    NOIR (Notice of Intent to Revoke) is a notice the government issues when it plans to remove approval of a case that it has already approved. This happens when the government notices that the case either should not have been approved initially or, subsequent to the approval, has become revocable. This notice gives us a last chance to present evidence and arguments why the government should not revoke the approval.

    NOIR (Notice of Intent to Revoke) is a notice the government issues when it plans to remove approval of a case that it has already approved. This happens when the government notices that the case either should not have been approved initially or, subsequent to the approval, has become revocable. This notice gives us a last chance to present evidence and arguments why the government should not revoke the approval.

    NOID (Notice of Intent to Deny) is a notice the government issues when it intends to deny a case and gives us a last chance to present evidence and arguments why it should not be denied.

    Science, Technology, Engineering, and Math. The term often refers to the Designated Degree program requiring a degree in one of these fields of study. STEM programs, in recognition of their importance to US interests, are awarded special consideration in certain areas under US immigration laws.

    A Returning Resident Permit, or SB-1 Visa, is what a Legal Permanent Resident (LPR or Green Card holder) can get to return to the United States after being out of the country for more than one year. When an LPR leaves the United States, they must return within a year. If they stay more than a year, they must obtain a Returning Resident Permit in order to return. This also applies to those who remain outside of the country longer than is allowed by their reentry permit.
    You apply for a returning residence visa through the consulate in your home country. There, you have to explain in quite some detail the genuine reason for your inability to return to USA within one year. It is discretionary upon the consulate whether they are convinced by the genuineness of your response or not.
    For more information, see this State Department’s webpage: http://travel.state.gov/visa/immigrants/info/info_1333.html

    A Returning Resident Permit, or SB-1 Visa, is what a Legal Permanent Resident (LPR or Green Card holder) can get to return to the United States after being out of the country for more than one year. When an LPR leaves the United States, they must return within a year. If they stay more than a year, they must obtain a Returning Resident Permit in order to return. This also applies to those who remain outside of the country longer than is allowed by their reentry permit.
    You apply for a returning residence visa through the consulate in your home country. There, you have to explain in quite some detail the genuine reason for your inability to return to USA within one year. It is discretionary upon the consulate whether they are convinced by the genuineness of your response or not.
    For more information, see this State Department’s webpage: http://travel.state.gov/visa/immigrants/info/info_1333.html

    U.S. Legislature responsible for making laws. Consists of two houses: Senate and the House of Representatives.

    One of the two houses of U.S. Legislature responsible for making laws. The other is the House of Representatives.

    One of the two houses of U.S. Legislature responsible for making laws. The other is the Senate.

    Default Web Links group

  11. Monday, 20...
    Question: I am planning to apply for H-1 through multiple employers. What are the precautions I need to take. I have my project end date in August, one of my employer will be representing with my current job. Will it be a problem later if the client details does not match ?
    Answer:

    If you are a quota applicant, you can apply through as many unrelated companies as you like. Do not be a party to any misrepresentation. 

    This content is tagged for employers and Human Resources professionals responsible for hiring foreign professionals/workers in USA

    US Department of Labor is charged with protecting the labor market and investigation and enforcement activities related to that.

    Immigration and Custom Enforcement. This agency used to be a part of old INS. When DHS was formed, enforcement personnel of US Customs Service and INS were combined to form ICE, which is now responsible for a large part of immigration enforcement activity.

    Department of State (State Department) is responsible for issuing visas, which are a permission to travel to USA.

    A method to obtain green card used to avoid the need for PERM based labor certification.

    Customs and Border Protection. This agency was spun off from old INS. CBP is responsible for inspecting people when they land at airports, docks and land borders.

    To qualify for an A-1 (or A-2 visa), you must be traveling to the United States on behalf of your national government to engage solely in official activities for that government.  The fact that there may be government interest or control in a given organization is not in itself the defining factor in determining if you qualify for an A visa; the particular duties or services that will be performed must be governmental in character or nature, as determined by the United States Department of State, in accordance with U.S. immigration laws. Government officials traveling to the United States to perform non-governmental functions of a commercial nature, or traveling as tourists, require some other appropriate visa, and do not qualify for A visas.

    To qualify for an A-2 (or A-1 visa), you must be traveling to the United States on behalf of your national government to engage solely in official activities for that government. The fact that there may be government interest or control in a given organization is not in itself the defining factor in determining if you qualify for an A visa; the particular duties or services that will be performed must be governmental in character or nature, as determined by the United States Department of State, in accordance with U.S. immigration laws. Government officials traveling to the United States to perform non-governmental functions of a commercial nature, or traveling as tourists, require some other appropriate visa, and do not qualify for A visas.

    Consulates all over the world issue visas - a permission to enter USA for a specific purpose. Consulates are a part of the State Department (DOS - Department of State).

    Bangladesh Immigration

    Indonesia Immigration

    I-94 aka Arrival Departure Record is what governs your status in the USA. An expired I-94 can lead to bar from entering USA for 3 to 10 years.See details on &quot;Unlawful Presence&quot;.

    When used in relation to immigration, this is another name for being LEGALLY present in the USA

    This is a complicated term. Very simply (there is a lot more to it), you could have your status expire and still be authorized to stay in USA awaiting the outcome of a legally filed petition. This is something less than "Status" but much better than "Unlawful Presence."

    This is another complicated concept with some very serious consequences. Briefly, if you have been unlawfully present in USA for more than 180 days, you cannot come back to USA for 3 years and if unlawfully present for a year or more, you cannot come back for 10 years. Very generally speaking unlawful presence begins after expiration of the I-94 or after having been asked by the govt. to leave USA.

    These are topics related to appeals and motions for reconsideration or reopening of decisions (MTR) by govt. agencies such as USCIS, USDOL, etc.

    These are topics related to appeals and motions for reconsideration or reopening of decisions (MTR) by govt. agencies such as USCIS, USDOL, etc.

    Adjustment of Status

    Includes topics of loss of physical green card papers or the card itself as well as loss of green card through abandonment and criminal activity.

    When used in relation to immigration, this is another name for extending your status.

    Employees working in USA

    Personal employees, attendants and servants of A-1 and A-2 visa holders.

    EB4 category is for religious workers.

    “Priority Date” determines your place in the queue for waiting for green card in the categories where there is a wait. When the govt. has reached your PD, it is said to be “current.” For family-based green cards, PD is the date your I-130 was filed; for PERM-based cases, the date your PERM was filed; for employment-based cases other than through PERM (like EB-1 cases), PD is the date your I-140 was filed. DOS publishes the movement of the PD queue every month in the Visa Bulletin: http://www.immigration.com/visa-bulletin

    A publication of the US State Department that keeps track of the green card backlogs and informs us which "Priority Dates" are current so the applicants can expect to get through the last step of their green card processing. This is published every month around the 14th and tells us the availability for the following month. Note that certain categories of applicants ("immediate relatives") such as spouse of a US citizen are not shown in the visa bulletin because they are entitled to have their applications considered without any wait.

    Bureau of Citizenship and Immigration Services (now USCIS)

    Central Intelligence Agency

    Department of Homeland Security

    Department of Justice

    Federal Bureau of Investigation

    Immigration and Naturalization Service (now reconstituted into USCIS)

    Internal Revenue Service

    Office of Management and Budget

    Social Security Administration

    U.S. Citizenship and Immigration Services. Earlier known as INS. USCIS is responsible for providing immigration benefits to applicants. Homepage http://wwww.uscis.gov

    American Competitiveness and Workforce Improvement Act of 1998.

    Approval Date (When your application was approved)

    Alien Documentation, Identification & Telecommunications System

    Assistant Field Office Director

    Abbreviation for American Immigration Lawyers Association.

    Adjudications Officer

    Administrative Review

    Application Support Center: offers biometric services including fingerprinting services

    Birth Certificate

    Bureau of Citizenship and Immigration Services (now USCIS)

    Board of Immigrant Appeals

    Biometrics (include Digital photo, index finger print and your digital signature). This is needed for the production of Green Card.

    Customs and Border Protection

    Central Intelligence Agency

    Citizenship and Immigration Services

    Consulate Officer

    Consular Processing

    Conditional Permanent Resident

    Curricular Practical Training

    Central Regional Office

    California Service Center

    Cancelled Without Prejudice

    Deputy Field Office Director

    Department of Homeland Security

    Drivers License

    Department of Motor Vehicles

    Department of Justice

    Department of Labor

    Dallas Office Rapid Adjustment of Status

    Department of State

    Detention and Removal Operations

    Diversity Visa (a.k.a. Green Card Lottery)

    Eastern Application Center

    Employment Authorization Document (I-765, approval to work while waiting for Adjustment of Status - AOS Approval)

    Electronic Data Systems

    Executive Office of Immigration Review

    Expedited Removal

    Eastern Regional Office

    Entered Without Inspection

    Foreign Affairs Manual

    Federal Bureau of Investigation

    Field Office Director

    Finger Print

    File Transfer Request

    Green Card

    Immigration Judge

    International Marriage Brokers Act

    Immigration and Nationality Act

    Is an online appointment so you can go to your DO if you have a doubt or want to know something about your case in person or to request your interim EAD

    Immigration and Naturalization Service (now called USCIS)

    Immigration officer / Interviewing officer

    Immigration Reform and Control Act of 1986

    Internal Revenue Service

    Internet Service Provider

    Immigrant Visa

    Immigrant Visa Applicant Control System

    John F. Kennedy International Airport

    Kentucky Consular Center

    Labor Condition Application

    Lawful Permanent Resident

    Lawful Permanent Resident Alien

    Last Update Date on your on-line portfolio at USCIS website. It is the date when they last took action on your application, could be anything.

    Machine Readable Data

    Machine Readable Passport

    Machine Readable Visa

    Missouri Service Center

    Notice Date (When USCIS notified you that they received your application)

    National Data Entry Center

    Non Immigrant Visa

    Notice of Action is your receipt/letter that you received after you filed your forms (indicates I-797C)

    Notice of Proposed Rule Making

    Notice To Appear

    Nebraska Service Center

    National Visa Center

    New York District Office

    Office of Management and Budget

    Optional Practical Training

    Other Than Mexican

    Police Clearance Certificate

    Priority Date

    Port of Entry

    Permanent Resident (Also LPR - Legal Permanent Resident)

    Quality Assurance

    Receipt Date (When USCIS received your application)

    Remote Adjudications Center

    Request for Evidence

    Request for Initial Evidence

    Service Center (this is used with a prefix, eg CSC - California Service Center; MSC - Missouri Service Center, that is the address from where you will received your NOA (Notice of Action))

    Supervisory Detention & Deportation Officer

    Student Exchange Visitor Information System

    Student and Exchange Visitor Program

    Social Security Administration

    Social Security Number

    State Workforce Agency

    When the UCSIS "Touches" your petition or file it means that an action was taken which required your file to be physically touched or moved. Example: Your file is touched when it is given to an adjudicator to process.

    Temporary Protected Status

    Texas Service Center

    Transit Without Visa

    US Citizen

    U.S. Citizenship and Immigration Services

    System in airports that captures biometrics of people entering the country

    Voluntary Return

    Vermont Service Center

    Visa Waiver Program

    Western Application Center

    Western Regional Office

    Alien's Change of Address Form

    NAFTA Professional visa

    NAFTA Professional Dependant visa

    Pre-Flight Inspection

    PERM Processing: Program Electronic Review Management

    Individual Taxpayer Identification Number

    Interim EAD

    Application to Replace Permanent Residence Card

    Employment Eligibility Verification

    Affidavit of Support

    Application for Employment Authorization

    Green Card

    Application To Register Permanent Residence or Adjust Status

    Welcome Notice

    Immigrant Petition for Alien Worker

    Affidavit of Support

    Application for Travel Document

    Advance Parole or AP (Form I-131): The authorization to travel outside the US while your adjustment of status is pending. Note, Form I-131 is also used for Reentry Permit, an application by a US green card holder to be away from USA for over one year.

    Administrative Appeals Office

    Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student’s major area of study. Under the prior rules, an F-1 student could be authorized to receive up to a total of 12 months of practical training either before (pre-) and/or after (post-) completion of studies.

    This is an abbreviation for test_term and can be deleted

    AC21 is the name given to a law that provides for several matters including the ability to change jobs while an employment-based green card is pending (I-485 AC21 portability) and to start working for an H-1B employer as soon as transfer petition is filed with the USCIS.

    AC21 is the name given to a law that provides for several matters including the ability to change jobs while an employment-based green card is pending (I-485 AC21 portability) and to start working for an H-1B employer as soon as transfer petition is filed with the USCIS.

    American Immigration Lawyers Association

    Bureau of Educational and Cultural Affairs

    The process though which a person within USA obtains a change in their status to green card holder. This is usually the last step for (most not all) green card process.

    Includes Zoologists, Botanists

    Includes occupations in biochemistry, cytology, genetics, physiology

    Fashion Models

    Hotel management and related professions

    An alternative to obtaining the last step in the green card through the consulates outside USA. This is an alternative to adjustment of status.

    DOD (Department of Defense) project visas.

    Includes CPA's CA's and all other accountants and auditors

    Violence Against Women Act

    Child Status Protection Act

    Labor Condition Application. This is a part of some nonimmigrant visa applications process including H-1 visas. Not to be confused with "Labor Certification" also known as PERM, which is a part of the green card process. An LCA, or Labor Condition Application, is required to be submitted to and certified by the U.S. Department of Labor as a part of an H-1B application. The LCA serves to ensure that U.S. wages will not be depressed by the hiring of the H-1B employee and that the H-1B worker will not be exploited. In the LCA, the employer guarantees that it will pay the H-1B worker the required wage, which is the greater of the prevailing wage or the actual wage paid to other employees in the same position; that the H-1B employee will not displace a U.S. worker; and that the employment will not adversely affect the working conditions of workers similarly employed in the area of intended employment.

    Also known as CIS Ombudsman, this office provides recommendations for resolving individual and employer problems with the USCIS. As mandated by the Homeland Security Act of 2002 § 452, CIS Ombudsman is an independent office that reports directly to the Deputy Secretary of Homeland Security. http://www.dhs.gov/xabout/structure/editorial_0482.shtm

    PERM audits typically involve questions from the USDOL regarding the PERM filing.

    Used mostly in the context of the last step in green card processing (Adjustment of Status), preadjudication means USCIS is proceeding to make decision on the file even though priority date is not yet current. The idea is that way when the PD gets current, all they need to do is send approval notice and then the green card. So if the AOS is preadjudicated, you still need to wait for the PD to become current.

    Petition for a conditional resident who obtained status through marriage to apply to remove the conditions on his or her residence.

    Vermont Service Center

    California Service Center

    Nebraska Service Center

    Texas Service Center

    Office of the Chief Administrative Hearing Officer (OCAHO) is one of the three adjudicative bodies within the Executive Office for Immigration Review (EOIR). It has jurisdiction over three types of civil penalty cases: employer sanctions (INA § 274A - 8 USC § 1324a), unfair immigration-related employment practices (INA § 274B - 8 USC § 1324b), and immigration-related document fraud (INA § 274C - 8 USC § 1324c).

    Board of Alien Labor Certification Appeals is an adjudicative agency that decides in appeal PERM and wage disputes.

    Certifying Officer is the highest Department of Labor officer for a region. They are charged, amongst other things, with the responsibility to adjudicate PERM and LCA cases.

    Fraud Detection and National Security. FDNS was created to strengthen the ability of the U.S. Citizenship and
    Immigration Services (USCIS) to provide the right benefit to the right person at the right time, and no benefit to the wrong person.

    Citizenship in USA can be obtained through naturalization or through birth in USA.

    The process through which a person becomes a US Citizen.

    N-470 helps you preserve your stay abroad for naturalization under certain circumstances. So, even though you are living outside USA, you can accumulate that time for naturalization.

    Electronic System for Travel Authorization

    Congressional Research Service. A "think tank" that provides reports to members of Congress on a variety of topics relevant to current political events.

    Missouri Service Center (MSC) was transitioned into the National Benefits Center (NBC). The NBC was established to serve as the hub and conduit for USCIS local field offices by completing all pre-interview processing of Forms generally requiring an interview. This pre-processing includes conducting background security checks, performing initial evidence reviews, adjudication of associated I-765 and I-131 applications (filed with the I-485 or separately), denial of adjustment of status cases for applicants who are statutorily ineligible, and forwarding scheduled cases to the USCIS local office for adjudication. In employment based cases, transfer to NBC usually means an interview can be expected. This can occur even if PD is retrogressed.

    Online Form DS-160, Nonimmigrant Visa Electronic Application can only be used by visa applicants applying at a U.S. Embassy or Consulate which has converted to the new electronic fully online form and process. For more information visit travel.state.gov DS-160 informational webpage for a listing of embassy locations using Form DS-160. Next, visit one of the U.S. Embassy websites using the Form DS-160 and where you will apply, to review detailed nonimmigrant visa how-to-apply instructions, in addition to these FAQs.

    1. Where can I find the DS-160?
    You can access the DS-160 from the Consular Electronic Application Center website or from the link on the U.S. Embassy or Consulate website.

    The mission of the Employment and Training Administration is to contribute to the more efficient functioning of the U.S. labor market by providing high quality job training, employment, labor market information, and income maintenance services primarily through state and local workforce development systems.

    A form issued by school for applicants to obtain a Student Visa.

    A form issued by school or sponsor for applicants to obtain a J Visa.

    United Kingdom

    Cyprus Immigration

    Japan

    France

    Germany

    Ireland

    Kuwait Immigration

    Saudi Arabia Immigration

    United Arab Emirates Immigration

    Singapore Immigration

    Chile Immigration

    China Immigration new

    Egypt Immigration

    France Immigration

    Malaysia Immigration

    Maldives Immigration

    Malta Immigration

    Mauritius Immigration

    Nepal Immigration

    Norway Immigration

    New Zealand Immigration

    Romania Immigration

    South Africa Immigration

    South Korea Immigration

    Sweden Immigration

    Switzerland immigration

    Trinidad immigration

    In April of 1994, the Department of State opened a permanent Immigrant Visa processing facility at the National Visa Center (NVC) in Portsmouth, NH. The NVC processes all approved immigrant visa petitions after they are received from Citizenship and Immigration Services in the Department of Homeland Security (CIS) and retains them until the cases are ready for adjudication by a consular officer abroad.

    Every month, the Visa Office (VO) establishes Qualifying Dates that determine if a petition will be eligible for processing. Qualifying Dates are the latest priority dates that can be processed for certain visa categories. An immigrant visa petition can only become ready for further processing when the Qualifying Date in the appropriate visa category has advanced up to the priority date of the petition. Petitions may remain at NVC for several months or for many years depending on the visa category and country of birth of the visa applicant.

    NVC’s Role

    The NVC is responsible for the collection of visa application fees and visa application documentation. When an applicant's priority date meets the most recent Qualifying Date, the NVC will contact the applicant and petitioner with instructions for submitting the appropriate processing fees. After the appropriate processing fees are paid, the NVC will again contact the applicant and petitioner to request that the necessary immigrant visa documentation be submitted to the NVC.

    The U.S. Department of State's official site for U.S. visa information

    InfoPass is an Internet-based system that enables the public to go online to schedule appointments with immigration information officers at U.S. Citizenship and Immigration Services (USCIS) offices. If you have a complex immigration question or need that is best addressed by a trained USCIS officer in person, InfoPass offers a convenient alternative to waiting in line for assistance. InfoPass is a secure Internet site.

    8 C.F.R. ง 214.3(l)(1)(ii):

    (l) Designated official.

    (1) Meaning of term Designated Official. As used in งง 214.1(b), 214.2(b),
    214.2(f), 214.2(m), and 214.4, a Designated Official, Designated School
    Official (DSO), or Principal Designated School Official (PDSO), means a
    regularly employed member of the school administration whose office is
    located at the school and whose compensation does not come from commissions
    for recruitment of foreign students. An individual whose principal
    obligation to the school is to recruit foreign students for compensation
    does not qualify as a designated official. The PDSO and any other DSO must
    be named by the president, owner, or head of a school or school system. The
    PDSO and DSO may not delegate this designation to any other person.

    (i) A PDSO and DSO must be either a citizen or lawful permanent resident of
    the United States.

    (ii) Each campus must have one PDSO. The PDSO is responsible for updating
    SEVIS to reflect the addition or deletion of any DSO on his or her
    associated campus. SEVP will use the PDSO as the point of contact on any
    issues that relate to the school's compliance with the regulations, as well
    as any system alerts generated by SEVIS. SEVP may also designate certain
    functions in SEVIS for use by the PDSO only. The PDSO of the main campus is
    the only DSO authorized to submit a Form I-17 for recertification. The PDSO
    and DSO will share the same responsibilities in all other respects.

    (iii) Each school may have up to 10 designated officials at any one time,
    including the PDSO. In a multi-campus school, each campus may have up to 10
    designated officials at any one time including a required PDSO. In a private
    elementary or public or private secondary school system, however, the entire
    school system is limited to 10 designated officials at any one time
    including the PDSO.

    The DS-160, Online Nonimmigrant Visa Application, is a fully integrated online application form that is used to collect the necessary application information from a person seeking a nonimmigrant visa for temporary travel to the United States.

    OFLC processes labor certification applications for employers seeking to bring foreign workers into the United States and grants certifications in those cases where employers can demonstrate that there are not sufficient U.S. workers available, willing and qualified to perform the work at wages that meet or exceed the prevailing wage paid for the occupation in the area of intended employment.

    Designated School Official is a school officer designated to work with students and act as a representative of USCIS/ICE in certain matters.

    Student and Exchange Visitor Information System www.ice.gov/sevis.

    SEVIS is an Internet-based system that maintains accurate and current information on non-immigrant students (F and M visa), exchange visitors (J visa), and their dependents (F-2, M-2, and J-2). SEVIS enables schools and program sponsors to transmit electronic information and event notifications via the Internet, to the ICE and Department of State (DOS) throughout a student or exchange visitor’s stay in the United States. The system will reflect international student or exchange visitor status changes, such as admission at Port of Entry (POE), change of address, change in program of study, and other details. SEVIS will also provide system alerts, event notifications, and basic reports to the end-user schools, programs, and Immigration related field offices.

    SEVP acts as the bridge for government organizations that have an interest in information on foreign students. SEVP helps the Department of Homeland Security and Department of State monitor school and exchange programs and F, M and J category visitors. SEVP administers the F and M visa categories, while the Department of State manages the J exchange visitor program.
    SEVP uses the Student and Exchange Visitor Information System (SEVIS), a web-based solution, to track and monitor schools and programs, students, exchange visitors and their dependents while approved to participate in the U.S. education system.
    SEVP collects, maintains and provides the information so that only legitimate foreign students or exchange visitors gain entry to the United States. The result is an easily accessible information system that provides timely information to the Department of State, U.S. Customs and Border Protection (CBP), U.S. Citizenship and Immigration Services (USCIS) and U. S. Immigration and Customs Enforcement (ICE).
    For more details, please visit the link, http://www.ice.gov/sevis/

    Introduction:

    VIBE is a web-based adjudication tool used by USCIS to validate basic information about companies petitioning to employ alien workers. VIBE uses commercially available data from an independent information provider (IIP) to validate basic information about companies petitioning to employ certain alien workers. Dun and Bradstreet (D&B) is the current IIP for this program.

    This service is available to US based, privately held companies only. It is free of charge, and petitioning employers may access this process via D&B’s iUpdate for U.S. government customers -- a free, password-protected and encrypted online service tool offered by D&B.

    Please note that USCIS does not expect or require petitioners to contact D&B or pay any fees associated with creating or updating an existing record. Employers who wish to update their information through D&B directly may be subject to direct marketing by the organization or encounter D&B representatives who may suggest a purchase of the firm’s products and services.

    Purpose of VIBE:

    The purpose behind VIBE is to increase the efficiency of the visa petitioning process by reducing the amount of documents employers have to submit with each petition in order to prove eligibility. Furthermore, USCIS will also be able to reduce the number of RFEs issued to otherwise eligible petitioners.

    An important point to note is that USCIS will not deny a petition based solely on information from VIBE without at least first giving the petitioner an opportunity to respond to the RFEs or NOIDs issued by USCIS.

    Please note that whether or not you choose to create a record or update your record with D&B, you must respond to any RFE or NOID received from USCIS. Failure to respond could result in the denial of your petition. Furthermore, it is necessary to resolve relevant inconsistencies in the information provided by the employer, on one hand, and information available on VIBE, on the other.

    Employment Authorization Document. This is evidence that a person is authorized to work in USA. People undergoing Adjustment of Status (AOS or I-485 process) are entitled to an EAD.

    Specific information related to our team and this site.

    Deferred Action is consent by the Government not to deport (remove) an otherwise deport-able individual. Usually it is given for humanitarian reasons and work authorization is also provided. Unlawful presence is stopped during deferred action, but any unlawful presence already accrued does not get wiped away. Deferred action is not a visa or a full legal status.

    Automatic Visa Revalidation - Definition from Travel.state.gov

    Re-entering the U.S. with a Valid I-94 Form & Expired Visa is Limited
    What Is Automatic Revalidation?

    The Department of Homeland Security (DHS) U.S. Customs and Border Protection (CBP) has the authority and the responsibility over the admission of travelers to the U.S. Under the automatic revalidation provision of immigration law, certain temporary visitors holding expired nonimmigrant visas who seek to return to the U.S. may be admitted at a U.S. port of entry by CBP, if they meet certain requirements, including, but not limited to the following:

    Nonimmigrants who departed the U.S. for brief travel to Canada, Mexico, or an adjacent island (for F and J nonimmigrants) for thirty days or less;
    Nonimmigrants with a valid (unexpired) Form I-94, Arrival-Departure Record, endorsed by DHS.

    More Information about Automatic Revalidation

    For more information about automatic revalidation provisions and reentry to the U.S., visit the International Visitors webpage and the Automatic Revalidation Fact Sheet on the CBP website. Students and Exchange Visitors should review additional important information about travel outside the U.S. and reentry procedures on the DHS Immigration and Customs Enforcement (ICE) website.

    Automatic revalidation is not the same as applying for a new visa. If you apply for a new nonimmigrant visa, you cannot take advantage of automatic revalidation.
    Who Must Reapply for and Be Reissued a Visa at a U.S. Embassy or Consulate?

    This webpage explains which travelers must reapply and be reissued visas when their existing visas have expired, even if they are in possession of valid I-94 forms, in order to gain admission to reenter the U.S.

    Many nonimmigrants will need to reapply and be reissued visas to reenter the U.S. when their existing visas have expired, even if they are in possession of valid I-94 forms, because automatic revalidation applies to limited categories of travelers. Refer to the Automatic Revalidation Fact Sheet on the CBP website. The following temporary visitors whose nonimmigrant visas have expired, but who have valid I-94 forms, must reapply for and be issued nonimmigrant visas prior to their reentry to the U.S., if one or more of the following situations exists (this is not a complete listing):

    The nonimmigrant traveler with an expired nonimmigrant visa (but valid Form I-94):

    Applied for a new visa which has not yet been issued;
    Applied for a new visa and was denied;
    Has been outside of the United States for more than thirty days;
    Has traveled to a country other than Canada, Mexico, or an adjacent island which is not included in the automatic revalidation provisions;
    Is a national of a State Sponsor of Terrorism designated country, including Cuba, Iran, Syria, and Sudan. Review more about State Sponsors of Terrorism and FAQs on this website;
    Is in possession of an F student visa or J exchange visitor visa and has traveled to Cuba;
    Is in possession of an M student visa and has traveled to a location outside the U.S., other than Canada and Mexico.

    Additional Resources – Laws

    The automatic revalidation provision of U.S. immigration law is described in both 8 CFR 214.1(b) and 22 CFR 112(d).
    We Want You to Know

    Visa News
    Adoption Alerts
    Diversity Visa
    Visa Waiver Program (VWP)
    Iraqis & Afghans-SIV
    Business Visa Center
    Customer Service Statement to Visa Applicants
    Fraud Warning

    Visa denial based upon immigrant intent defined in Section 214(b) of the Immigration and Nationality Act.

    Immigrant intent becomes an issue when an applicant outside or inside USA seeks a benefit (such as a visa, when outside USA, or a change of status, when within USA) that does not allow an applicant to possess the intention of residing permanently in USA ("immigrant intent"). For example, an applicant for a visitor's visa must not have the intention to reside in USA permanently. Their visa can be refused if they have immigrant intent.

    NOIR (Notice of Intent to Revoke) is a notice the government issues when it intends to revoke (cancel) approval of a case that it has already approved. This happens when the government notices that the case either should not have been approved initially or, subsequent to the approval, has become revocable. This notice gives us a last chance to present evidence and arguments why the government should not revoke the approval.

    NOID (Notice of Intent to Deny) is a notice the government issues when it intends to deny a pending case and gives us a last chance to present evidence and arguments why it should not be denied.

    NOID (Notice of Intent to Deny) is a notice the government issues when it intends to deny a case and gives us a last chance to present evidence and arguments why it should not be denied.

    NOIR (Notice of Intent to Revoke) is a notice the government issues when it plans to remove approval of a case that it has already approved. This happens when the government notices that the case either should not have been approved initially or, subsequent to the approval, has become revocable. This notice gives us a last chance to present evidence and arguments why the government should not revoke the approval.

    NOIR (Notice of Intent to Revoke) is a notice the government issues when it plans to remove approval of a case that it has already approved. This happens when the government notices that the case either should not have been approved initially or, subsequent to the approval, has become revocable. This notice gives us a last chance to present evidence and arguments why the government should not revoke the approval.

    NOID (Notice of Intent to Deny) is a notice the government issues when it intends to deny a case and gives us a last chance to present evidence and arguments why it should not be denied.

    Science, Technology, Engineering, and Math. The term often refers to the Designated Degree program requiring a degree in one of these fields of study. STEM programs, in recognition of their importance to US interests, are awarded special consideration in certain areas under US immigration laws.

    A Returning Resident Permit, or SB-1 Visa, is what a Legal Permanent Resident (LPR or Green Card holder) can get to return to the United States after being out of the country for more than one year. When an LPR leaves the United States, they must return within a year. If they stay more than a year, they must obtain a Returning Resident Permit in order to return. This also applies to those who remain outside of the country longer than is allowed by their reentry permit.
    You apply for a returning residence visa through the consulate in your home country. There, you have to explain in quite some detail the genuine reason for your inability to return to USA within one year. It is discretionary upon the consulate whether they are convinced by the genuineness of your response or not.
    For more information, see this State Department’s webpage: http://travel.state.gov/visa/immigrants/info/info_1333.html

    A Returning Resident Permit, or SB-1 Visa, is what a Legal Permanent Resident (LPR or Green Card holder) can get to return to the United States after being out of the country for more than one year. When an LPR leaves the United States, they must return within a year. If they stay more than a year, they must obtain a Returning Resident Permit in order to return. This also applies to those who remain outside of the country longer than is allowed by their reentry permit.
    You apply for a returning residence visa through the consulate in your home country. There, you have to explain in quite some detail the genuine reason for your inability to return to USA within one year. It is discretionary upon the consulate whether they are convinced by the genuineness of your response or not.
    For more information, see this State Department’s webpage: http://travel.state.gov/visa/immigrants/info/info_1333.html

    U.S. Legislature responsible for making laws. Consists of two houses: Senate and the House of Representatives.

    One of the two houses of U.S. Legislature responsible for making laws. The other is the House of Representatives.

    One of the two houses of U.S. Legislature responsible for making laws. The other is the Senate.

    Default Web Links group

  12. Tuesday, 14...
    Question: I have a three year Bachelors from India and 16 years of experience in US. Currently I have a pending EB-3 with a PD of 10/2006. I am wondering, if I do MS here (Online or Executive course), will I then qualify for EB-2 or do I need to show progressive experience from the time I get my MS?
    Answer:

    If the Master's degree is accredited, you do not need post-Master's experience for EB-2. There can be some issue about the 3+2 pattern of education, but an accredited Master's should fix it.

    This content is tagged for employers and Human Resources professionals responsible for hiring foreign professionals/workers in USA

    US Department of Labor is charged with protecting the labor market and investigation and enforcement activities related to that.

    Immigration and Custom Enforcement. This agency used to be a part of old INS. When DHS was formed, enforcement personnel of US Customs Service and INS were combined to form ICE, which is now responsible for a large part of immigration enforcement activity.

    Department of State (State Department) is responsible for issuing visas, which are a permission to travel to USA.

    A method to obtain green card used to avoid the need for PERM based labor certification.

    Customs and Border Protection. This agency was spun off from old INS. CBP is responsible for inspecting people when they land at airports, docks and land borders.

    To qualify for an A-1 (or A-2 visa), you must be traveling to the United States on behalf of your national government to engage solely in official activities for that government.  The fact that there may be government interest or control in a given organization is not in itself the defining factor in determining if you qualify for an A visa; the particular duties or services that will be performed must be governmental in character or nature, as determined by the United States Department of State, in accordance with U.S. immigration laws. Government officials traveling to the United States to perform non-governmental functions of a commercial nature, or traveling as tourists, require some other appropriate visa, and do not qualify for A visas.

    To qualify for an A-2 (or A-1 visa), you must be traveling to the United States on behalf of your national government to engage solely in official activities for that government. The fact that there may be government interest or control in a given organization is not in itself the defining factor in determining if you qualify for an A visa; the particular duties or services that will be performed must be governmental in character or nature, as determined by the United States Department of State, in accordance with U.S. immigration laws. Government officials traveling to the United States to perform non-governmental functions of a commercial nature, or traveling as tourists, require some other appropriate visa, and do not qualify for A visas.

    Consulates all over the world issue visas - a permission to enter USA for a specific purpose. Consulates are a part of the State Department (DOS - Department of State).

    Bangladesh Immigration

    Indonesia Immigration

    I-94 aka Arrival Departure Record is what governs your status in the USA. An expired I-94 can lead to bar from entering USA for 3 to 10 years.See details on &quot;Unlawful Presence&quot;.

    When used in relation to immigration, this is another name for being LEGALLY present in the USA

    This is a complicated term. Very simply (there is a lot more to it), you could have your status expire and still be authorized to stay in USA awaiting the outcome of a legally filed petition. This is something less than "Status" but much better than "Unlawful Presence."

    This is another complicated concept with some very serious consequences. Briefly, if you have been unlawfully present in USA for more than 180 days, you cannot come back to USA for 3 years and if unlawfully present for a year or more, you cannot come back for 10 years. Very generally speaking unlawful presence begins after expiration of the I-94 or after having been asked by the govt. to leave USA.

    These are topics related to appeals and motions for reconsideration or reopening of decisions (MTR) by govt. agencies such as USCIS, USDOL, etc.

    These are topics related to appeals and motions for reconsideration or reopening of decisions (MTR) by govt. agencies such as USCIS, USDOL, etc.

    Adjustment of Status

    Includes topics of loss of physical green card papers or the card itself as well as loss of green card through abandonment and criminal activity.

    When used in relation to immigration, this is another name for extending your status.

    Employees working in USA

    Personal employees, attendants and servants of A-1 and A-2 visa holders.

    EB4 category is for religious workers.

    “Priority Date” determines your place in the queue for waiting for green card in the categories where there is a wait. When the govt. has reached your PD, it is said to be “current.” For family-based green cards, PD is the date your I-130 was filed; for PERM-based cases, the date your PERM was filed; for employment-based cases other than through PERM (like EB-1 cases), PD is the date your I-140 was filed. DOS publishes the movement of the PD queue every month in the Visa Bulletin: http://www.immigration.com/visa-bulletin

    A publication of the US State Department that keeps track of the green card backlogs and informs us which "Priority Dates" are current so the applicants can expect to get through the last step of their green card processing. This is published every month around the 14th and tells us the availability for the following month. Note that certain categories of applicants ("immediate relatives") such as spouse of a US citizen are not shown in the visa bulletin because they are entitled to have their applications considered without any wait.

    Bureau of Citizenship and Immigration Services (now USCIS)

    Central Intelligence Agency

    Department of Homeland Security

    Department of Justice

    Federal Bureau of Investigation

    Immigration and Naturalization Service (now reconstituted into USCIS)

    Internal Revenue Service

    Office of Management and Budget

    Social Security Administration

    U.S. Citizenship and Immigration Services. Earlier known as INS. USCIS is responsible for providing immigration benefits to applicants. Homepage http://wwww.uscis.gov

    American Competitiveness and Workforce Improvement Act of 1998.

    Approval Date (When your application was approved)

    Alien Documentation, Identification & Telecommunications System

    Assistant Field Office Director

    Abbreviation for American Immigration Lawyers Association.

    Adjudications Officer

    Administrative Review

    Application Support Center: offers biometric services including fingerprinting services

    Birth Certificate

    Bureau of Citizenship and Immigration Services (now USCIS)

    Board of Immigrant Appeals

    Biometrics (include Digital photo, index finger print and your digital signature). This is needed for the production of Green Card.

    Customs and Border Protection

    Central Intelligence Agency

    Citizenship and Immigration Services

    Consulate Officer

    Consular Processing

    Conditional Permanent Resident

    Curricular Practical Training

    Central Regional Office

    California Service Center

    Cancelled Without Prejudice

    Deputy Field Office Director

    Department of Homeland Security

    Drivers License

    Department of Motor Vehicles

    Department of Justice

    Department of Labor

    Dallas Office Rapid Adjustment of Status

    Department of State

    Detention and Removal Operations

    Diversity Visa (a.k.a. Green Card Lottery)

    Eastern Application Center

    Employment Authorization Document (I-765, approval to work while waiting for Adjustment of Status - AOS Approval)

    Electronic Data Systems

    Executive Office of Immigration Review

    Expedited Removal

    Eastern Regional Office

    Entered Without Inspection

    Foreign Affairs Manual

    Federal Bureau of Investigation

    Field Office Director

    Finger Print

    File Transfer Request

    Green Card

    Immigration Judge

    International Marriage Brokers Act

    Immigration and Nationality Act

    Is an online appointment so you can go to your DO if you have a doubt or want to know something about your case in person or to request your interim EAD

    Immigration and Naturalization Service (now called USCIS)

    Immigration officer / Interviewing officer

    Immigration Reform and Control Act of 1986

    Internal Revenue Service

    Internet Service Provider

    Immigrant Visa

    Immigrant Visa Applicant Control System

    John F. Kennedy International Airport

    Kentucky Consular Center

    Labor Condition Application

    Lawful Permanent Resident

    Lawful Permanent Resident Alien

    Last Update Date on your on-line portfolio at USCIS website. It is the date when they last took action on your application, could be anything.

    Machine Readable Data

    Machine Readable Passport

    Machine Readable Visa

    Missouri Service Center

    Notice Date (When USCIS notified you that they received your application)

    National Data Entry Center

    Non Immigrant Visa

    Notice of Action is your receipt/letter that you received after you filed your forms (indicates I-797C)

    Notice of Proposed Rule Making

    Notice To Appear

    Nebraska Service Center

    National Visa Center

    New York District Office

    Office of Management and Budget

    Optional Practical Training

    Other Than Mexican

    Police Clearance Certificate

    Priority Date

    Port of Entry

    Permanent Resident (Also LPR - Legal Permanent Resident)

    Quality Assurance

    Receipt Date (When USCIS received your application)

    Remote Adjudications Center

    Request for Evidence

    Request for Initial Evidence

    Service Center (this is used with a prefix, eg CSC - California Service Center; MSC - Missouri Service Center, that is the address from where you will received your NOA (Notice of Action))

    Supervisory Detention & Deportation Officer

    Student Exchange Visitor Information System

    Student and Exchange Visitor Program

    Social Security Administration

    Social Security Number

    State Workforce Agency

    When the UCSIS "Touches" your petition or file it means that an action was taken which required your file to be physically touched or moved. Example: Your file is touched when it is given to an adjudicator to process.

    Temporary Protected Status

    Texas Service Center

    Transit Without Visa

    US Citizen

    U.S. Citizenship and Immigration Services

    System in airports that captures biometrics of people entering the country

    Voluntary Return

    Vermont Service Center

    Visa Waiver Program

    Western Application Center

    Western Regional Office

    Alien's Change of Address Form

    NAFTA Professional visa

    NAFTA Professional Dependant visa

    Pre-Flight Inspection

    PERM Processing: Program Electronic Review Management

    Individual Taxpayer Identification Number

    Interim EAD

    Application to Replace Permanent Residence Card

    Employment Eligibility Verification

    Affidavit of Support

    Application for Employment Authorization

    Green Card

    Application To Register Permanent Residence or Adjust Status

    Welcome Notice

    Immigrant Petition for Alien Worker

    Affidavit of Support

    Application for Travel Document

    Advance Parole or AP (Form I-131): The authorization to travel outside the US while your adjustment of status is pending. Note, Form I-131 is also used for Reentry Permit, an application by a US green card holder to be away from USA for over one year.

    Administrative Appeals Office

    Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student’s major area of study. Under the prior rules, an F-1 student could be authorized to receive up to a total of 12 months of practical training either before (pre-) and/or after (post-) completion of studies.

    This is an abbreviation for test_term and can be deleted

    AC21 is the name given to a law that provides for several matters including the ability to change jobs while an employment-based green card is pending (I-485 AC21 portability) and to start working for an H-1B employer as soon as transfer petition is filed with the USCIS.

    AC21 is the name given to a law that provides for several matters including the ability to change jobs while an employment-based green card is pending (I-485 AC21 portability) and to start working for an H-1B employer as soon as transfer petition is filed with the USCIS.

    American Immigration Lawyers Association

    Bureau of Educational and Cultural Affairs

    The process though which a person within USA obtains a change in their status to green card holder. This is usually the last step for (most not all) green card process.

    Includes Zoologists, Botanists

    Includes occupations in biochemistry, cytology, genetics, physiology

    Fashion Models

    Hotel management and related professions

    An alternative to obtaining the last step in the green card through the consulates outside USA. This is an alternative to adjustment of status.

    DOD (Department of Defense) project visas.

    Includes CPA's CA's and all other accountants and auditors

    Violence Against Women Act

    Child Status Protection Act

    Labor Condition Application. This is a part of some nonimmigrant visa applications process including H-1 visas. Not to be confused with "Labor Certification" also known as PERM, which is a part of the green card process. An LCA, or Labor Condition Application, is required to be submitted to and certified by the U.S. Department of Labor as a part of an H-1B application. The LCA serves to ensure that U.S. wages will not be depressed by the hiring of the H-1B employee and that the H-1B worker will not be exploited. In the LCA, the employer guarantees that it will pay the H-1B worker the required wage, which is the greater of the prevailing wage or the actual wage paid to other employees in the same position; that the H-1B employee will not displace a U.S. worker; and that the employment will not adversely affect the working conditions of workers similarly employed in the area of intended employment.

    Also known as CIS Ombudsman, this office provides recommendations for resolving individual and employer problems with the USCIS. As mandated by the Homeland Security Act of 2002 § 452, CIS Ombudsman is an independent office that reports directly to the Deputy Secretary of Homeland Security. http://www.dhs.gov/xabout/structure/editorial_0482.shtm

    PERM audits typically involve questions from the USDOL regarding the PERM filing.

    Used mostly in the context of the last step in green card processing (Adjustment of Status), preadjudication means USCIS is proceeding to make decision on the file even though priority date is not yet current. The idea is that way when the PD gets current, all they need to do is send approval notice and then the green card. So if the AOS is preadjudicated, you still need to wait for the PD to become current.

    Petition for a conditional resident who obtained status through marriage to apply to remove the conditions on his or her residence.

    Vermont Service Center

    California Service Center

    Nebraska Service Center

    Texas Service Center

    Office of the Chief Administrative Hearing Officer (OCAHO) is one of the three adjudicative bodies within the Executive Office for Immigration Review (EOIR). It has jurisdiction over three types of civil penalty cases: employer sanctions (INA § 274A - 8 USC § 1324a), unfair immigration-related employment practices (INA § 274B - 8 USC § 1324b), and immigration-related document fraud (INA § 274C - 8 USC § 1324c).

    Board of Alien Labor Certification Appeals is an adjudicative agency that decides in appeal PERM and wage disputes.

    Certifying Officer is the highest Department of Labor officer for a region. They are charged, amongst other things, with the responsibility to adjudicate PERM and LCA cases.

    Fraud Detection and National Security. FDNS was created to strengthen the ability of the U.S. Citizenship and
    Immigration Services (USCIS) to provide the right benefit to the right person at the right time, and no benefit to the wrong person.

    Citizenship in USA can be obtained through naturalization or through birth in USA.

    The process through which a person becomes a US Citizen.

    N-470 helps you preserve your stay abroad for naturalization under certain circumstances. So, even though you are living outside USA, you can accumulate that time for naturalization.

    Electronic System for Travel Authorization

    Congressional Research Service. A "think tank" that provides reports to members of Congress on a variety of topics relevant to current political events.

    Missouri Service Center (MSC) was transitioned into the National Benefits Center (NBC). The NBC was established to serve as the hub and conduit for USCIS local field offices by completing all pre-interview processing of Forms generally requiring an interview. This pre-processing includes conducting background security checks, performing initial evidence reviews, adjudication of associated I-765 and I-131 applications (filed with the I-485 or separately), denial of adjustment of status cases for applicants who are statutorily ineligible, and forwarding scheduled cases to the USCIS local office for adjudication. In employment based cases, transfer to NBC usually means an interview can be expected. This can occur even if PD is retrogressed.

    Online Form DS-160, Nonimmigrant Visa Electronic Application can only be used by visa applicants applying at a U.S. Embassy or Consulate which has converted to the new electronic fully online form and process. For more information visit travel.state.gov DS-160 informational webpage for a listing of embassy locations using Form DS-160. Next, visit one of the U.S. Embassy websites using the Form DS-160 and where you will apply, to review detailed nonimmigrant visa how-to-apply instructions, in addition to these FAQs.

    1. Where can I find the DS-160?
    You can access the DS-160 from the Consular Electronic Application Center website or from the link on the U.S. Embassy or Consulate website.

    The mission of the Employment and Training Administration is to contribute to the more efficient functioning of the U.S. labor market by providing high quality job training, employment, labor market information, and income maintenance services primarily through state and local workforce development systems.

    A form issued by school for applicants to obtain a Student Visa.

    A form issued by school or sponsor for applicants to obtain a J Visa.

    United Kingdom

    Cyprus Immigration

    Japan

    France

    Germany

    Ireland

    Kuwait Immigration

    Saudi Arabia Immigration

    United Arab Emirates Immigration

    Singapore Immigration

    Chile Immigration

    China Immigration new

    Egypt Immigration

    France Immigration

    Malaysia Immigration

    Maldives Immigration

    Malta Immigration

    Mauritius Immigration

    Nepal Immigration

    Norway Immigration

    New Zealand Immigration

    Romania Immigration

    South Africa Immigration

    South Korea Immigration

    Sweden Immigration

    Switzerland immigration

    Trinidad immigration

    In April of 1994, the Department of State opened a permanent Immigrant Visa processing facility at the National Visa Center (NVC) in Portsmouth, NH. The NVC processes all approved immigrant visa petitions after they are received from Citizenship and Immigration Services in the Department of Homeland Security (CIS) and retains them until the cases are ready for adjudication by a consular officer abroad.

    Every month, the Visa Office (VO) establishes Qualifying Dates that determine if a petition will be eligible for processing. Qualifying Dates are the latest priority dates that can be processed for certain visa categories. An immigrant visa petition can only become ready for further processing when the Qualifying Date in the appropriate visa category has advanced up to the priority date of the petition. Petitions may remain at NVC for several months or for many years depending on the visa category and country of birth of the visa applicant.

    NVC’s Role

    The NVC is responsible for the collection of visa application fees and visa application documentation. When an applicant's priority date meets the most recent Qualifying Date, the NVC will contact the applicant and petitioner with instructions for submitting the appropriate processing fees. After the appropriate processing fees are paid, the NVC will again contact the applicant and petitioner to request that the necessary immigrant visa documentation be submitted to the NVC.

    The U.S. Department of State's official site for U.S. visa information

    InfoPass is an Internet-based system that enables the public to go online to schedule appointments with immigration information officers at U.S. Citizenship and Immigration Services (USCIS) offices. If you have a complex immigration question or need that is best addressed by a trained USCIS officer in person, InfoPass offers a convenient alternative to waiting in line for assistance. InfoPass is a secure Internet site.

    8 C.F.R. ง 214.3(l)(1)(ii):

    (l) Designated official.

    (1) Meaning of term Designated Official. As used in งง 214.1(b), 214.2(b),
    214.2(f), 214.2(m), and 214.4, a Designated Official, Designated School
    Official (DSO), or Principal Designated School Official (PDSO), means a
    regularly employed member of the school administration whose office is
    located at the school and whose compensation does not come from commissions
    for recruitment of foreign students. An individual whose principal
    obligation to the school is to recruit foreign students for compensation
    does not qualify as a designated official. The PDSO and any other DSO must
    be named by the president, owner, or head of a school or school system. The
    PDSO and DSO may not delegate this designation to any other person.

    (i) A PDSO and DSO must be either a citizen or lawful permanent resident of
    the United States.

    (ii) Each campus must have one PDSO. The PDSO is responsible for updating
    SEVIS to reflect the addition or deletion of any DSO on his or her
    associated campus. SEVP will use the PDSO as the point of contact on any
    issues that relate to the school's compliance with the regulations, as well
    as any system alerts generated by SEVIS. SEVP may also designate certain
    functions in SEVIS for use by the PDSO only. The PDSO of the main campus is
    the only DSO authorized to submit a Form I-17 for recertification. The PDSO
    and DSO will share the same responsibilities in all other respects.

    (iii) Each school may have up to 10 designated officials at any one time,
    including the PDSO. In a multi-campus school, each campus may have up to 10
    designated officials at any one time including a required PDSO. In a private
    elementary or public or private secondary school system, however, the entire
    school system is limited to 10 designated officials at any one time
    including the PDSO.

    The DS-160, Online Nonimmigrant Visa Application, is a fully integrated online application form that is used to collect the necessary application information from a person seeking a nonimmigrant visa for temporary travel to the United States.

    OFLC processes labor certification applications for employers seeking to bring foreign workers into the United States and grants certifications in those cases where employers can demonstrate that there are not sufficient U.S. workers available, willing and qualified to perform the work at wages that meet or exceed the prevailing wage paid for the occupation in the area of intended employment.

    Designated School Official is a school officer designated to work with students and act as a representative of USCIS/ICE in certain matters.

    Student and Exchange Visitor Information System www.ice.gov/sevis.

    SEVIS is an Internet-based system that maintains accurate and current information on non-immigrant students (F and M visa), exchange visitors (J visa), and their dependents (F-2, M-2, and J-2). SEVIS enables schools and program sponsors to transmit electronic information and event notifications via the Internet, to the ICE and Department of State (DOS) throughout a student or exchange visitor’s stay in the United States. The system will reflect international student or exchange visitor status changes, such as admission at Port of Entry (POE), change of address, change in program of study, and other details. SEVIS will also provide system alerts, event notifications, and basic reports to the end-user schools, programs, and Immigration related field offices.

    SEVP acts as the bridge for government organizations that have an interest in information on foreign students. SEVP helps the Department of Homeland Security and Department of State monitor school and exchange programs and F, M and J category visitors. SEVP administers the F and M visa categories, while the Department of State manages the J exchange visitor program.
    SEVP uses the Student and Exchange Visitor Information System (SEVIS), a web-based solution, to track and monitor schools and programs, students, exchange visitors and their dependents while approved to participate in the U.S. education system.
    SEVP collects, maintains and provides the information so that only legitimate foreign students or exchange visitors gain entry to the United States. The result is an easily accessible information system that provides timely information to the Department of State, U.S. Customs and Border Protection (CBP), U.S. Citizenship and Immigration Services (USCIS) and U. S. Immigration and Customs Enforcement (ICE).
    For more details, please visit the link, http://www.ice.gov/sevis/

    Introduction:

    VIBE is a web-based adjudication tool used by USCIS to validate basic information about companies petitioning to employ alien workers. VIBE uses commercially available data from an independent information provider (IIP) to validate basic information about companies petitioning to employ certain alien workers. Dun and Bradstreet (D&B) is the current IIP for this program.

    This service is available to US based, privately held companies only. It is free of charge, and petitioning employers may access this process via D&B’s iUpdate for U.S. government customers -- a free, password-protected and encrypted online service tool offered by D&B.

    Please note that USCIS does not expect or require petitioners to contact D&B or pay any fees associated with creating or updating an existing record. Employers who wish to update their information through D&B directly may be subject to direct marketing by the organization or encounter D&B representatives who may suggest a purchase of the firm’s products and services.

    Purpose of VIBE:

    The purpose behind VIBE is to increase the efficiency of the visa petitioning process by reducing the amount of documents employers have to submit with each petition in order to prove eligibility. Furthermore, USCIS will also be able to reduce the number of RFEs issued to otherwise eligible petitioners.

    An important point to note is that USCIS will not deny a petition based solely on information from VIBE without at least first giving the petitioner an opportunity to respond to the RFEs or NOIDs issued by USCIS.

    Please note that whether or not you choose to create a record or update your record with D&B, you must respond to any RFE or NOID received from USCIS. Failure to respond could result in the denial of your petition. Furthermore, it is necessary to resolve relevant inconsistencies in the information provided by the employer, on one hand, and information available on VIBE, on the other.

    Employment Authorization Document. This is evidence that a person is authorized to work in USA. People undergoing Adjustment of Status (AOS or I-485 process) are entitled to an EAD.

    Specific information related to our team and this site.

    Deferred Action is consent by the Government not to deport (remove) an otherwise deport-able individual. Usually it is given for humanitarian reasons and work authorization is also provided. Unlawful presence is stopped during deferred action, but any unlawful presence already accrued does not get wiped away. Deferred action is not a visa or a full legal status.

    Automatic Visa Revalidation - Definition from Travel.state.gov

    Re-entering the U.S. with a Valid I-94 Form & Expired Visa is Limited
    What Is Automatic Revalidation?

    The Department of Homeland Security (DHS) U.S. Customs and Border Protection (CBP) has the authority and the responsibility over the admission of travelers to the U.S. Under the automatic revalidation provision of immigration law, certain temporary visitors holding expired nonimmigrant visas who seek to return to the U.S. may be admitted at a U.S. port of entry by CBP, if they meet certain requirements, including, but not limited to the following:

    Nonimmigrants who departed the U.S. for brief travel to Canada, Mexico, or an adjacent island (for F and J nonimmigrants) for thirty days or less;
    Nonimmigrants with a valid (unexpired) Form I-94, Arrival-Departure Record, endorsed by DHS.

    More Information about Automatic Revalidation

    For more information about automatic revalidation provisions and reentry to the U.S., visit the International Visitors webpage and the Automatic Revalidation Fact Sheet on the CBP website. Students and Exchange Visitors should review additional important information about travel outside the U.S. and reentry procedures on the DHS Immigration and Customs Enforcement (ICE) website.

    Automatic revalidation is not the same as applying for a new visa. If you apply for a new nonimmigrant visa, you cannot take advantage of automatic revalidation.
    Who Must Reapply for and Be Reissued a Visa at a U.S. Embassy or Consulate?

    This webpage explains which travelers must reapply and be reissued visas when their existing visas have expired, even if they are in possession of valid I-94 forms, in order to gain admission to reenter the U.S.

    Many nonimmigrants will need to reapply and be reissued visas to reenter the U.S. when their existing visas have expired, even if they are in possession of valid I-94 forms, because automatic revalidation applies to limited categories of travelers. Refer to the Automatic Revalidation Fact Sheet on the CBP website. The following temporary visitors whose nonimmigrant visas have expired, but who have valid I-94 forms, must reapply for and be issued nonimmigrant visas prior to their reentry to the U.S., if one or more of the following situations exists (this is not a complete listing):

    The nonimmigrant traveler with an expired nonimmigrant visa (but valid Form I-94):

    Applied for a new visa which has not yet been issued;
    Applied for a new visa and was denied;
    Has been outside of the United States for more than thirty days;
    Has traveled to a country other than Canada, Mexico, or an adjacent island which is not included in the automatic revalidation provisions;
    Is a national of a State Sponsor of Terrorism designated country, including Cuba, Iran, Syria, and Sudan. Review more about State Sponsors of Terrorism and FAQs on this website;
    Is in possession of an F student visa or J exchange visitor visa and has traveled to Cuba;
    Is in possession of an M student visa and has traveled to a location outside the U.S., other than Canada and Mexico.

    Additional Resources – Laws

    The automatic revalidation provision of U.S. immigration law is described in both 8 CFR 214.1(b) and 22 CFR 112(d).
    We Want You to Know

    Visa News
    Adoption Alerts
    Diversity Visa
    Visa Waiver Program (VWP)
    Iraqis & Afghans-SIV
    Business Visa Center
    Customer Service Statement to Visa Applicants
    Fraud Warning

    Visa denial based upon immigrant intent defined in Section 214(b) of the Immigration and Nationality Act.

    Immigrant intent becomes an issue when an applicant outside or inside USA seeks a benefit (such as a visa, when outside USA, or a change of status, when within USA) that does not allow an applicant to possess the intention of residing permanently in USA ("immigrant intent"). For example, an applicant for a visitor's visa must not have the intention to reside in USA permanently. Their visa can be refused if they have immigrant intent.

    NOIR (Notice of Intent to Revoke) is a notice the government issues when it intends to revoke (cancel) approval of a case that it has already approved. This happens when the government notices that the case either should not have been approved initially or, subsequent to the approval, has become revocable. This notice gives us a last chance to present evidence and arguments why the government should not revoke the approval.

    NOID (Notice of Intent to Deny) is a notice the government issues when it intends to deny a pending case and gives us a last chance to present evidence and arguments why it should not be denied.

    NOID (Notice of Intent to Deny) is a notice the government issues when it intends to deny a case and gives us a last chance to present evidence and arguments why it should not be denied.

    NOIR (Notice of Intent to Revoke) is a notice the government issues when it plans to remove approval of a case that it has already approved. This happens when the government notices that the case either should not have been approved initially or, subsequent to the approval, has become revocable. This notice gives us a last chance to present evidence and arguments why the government should not revoke the approval.

    NOIR (Notice of Intent to Revoke) is a notice the government issues when it plans to remove approval of a case that it has already approved. This happens when the government notices that the case either should not have been approved initially or, subsequent to the approval, has become revocable. This notice gives us a last chance to present evidence and arguments why the government should not revoke the approval.

    NOID (Notice of Intent to Deny) is a notice the government issues when it intends to deny a case and gives us a last chance to present evidence and arguments why it should not be denied.

    Science, Technology, Engineering, and Math. The term often refers to the Designated Degree program requiring a degree in one of these fields of study. STEM programs, in recognition of their importance to US interests, are awarded special consideration in certain areas under US immigration laws.

    A Returning Resident Permit, or SB-1 Visa, is what a Legal Permanent Resident (LPR or Green Card holder) can get to return to the United States after being out of the country for more than one year. When an LPR leaves the United States, they must return within a year. If they stay more than a year, they must obtain a Returning Resident Permit in order to return. This also applies to those who remain outside of the country longer than is allowed by their reentry permit.
    You apply for a returning residence visa through the consulate in your home country. There, you have to explain in quite some detail the genuine reason for your inability to return to USA within one year. It is discretionary upon the consulate whether they are convinced by the genuineness of your response or not.
    For more information, see this State Department’s webpage: http://travel.state.gov/visa/immigrants/info/info_1333.html

    A Returning Resident Permit, or SB-1 Visa, is what a Legal Permanent Resident (LPR or Green Card holder) can get to return to the United States after being out of the country for more than one year. When an LPR leaves the United States, they must return within a year. If they stay more than a year, they must obtain a Returning Resident Permit in order to return. This also applies to those who remain outside of the country longer than is allowed by their reentry permit.
    You apply for a returning residence visa through the consulate in your home country. There, you have to explain in quite some detail the genuine reason for your inability to return to USA within one year. It is discretionary upon the consulate whether they are convinced by the genuineness of your response or not.
    For more information, see this State Department’s webpage: http://travel.state.gov/visa/immigrants/info/info_1333.html

    U.S. Legislature responsible for making laws. Consists of two houses: Senate and the House of Representatives.

    One of the two houses of U.S. Legislature responsible for making laws. The other is the House of Representatives.

    One of the two houses of U.S. Legislature responsible for making laws. The other is the Senate.

    Default Web Links group

  13. Thursday, 2...
    Question: When is a foreign person considered an employee? If residing overseas, is the foreign person employee considered a broker? Should current authorizations be replaced or amended to be consistent with current guidance? Can multiple employees be covered under one authorization? How is an employee providing marketing services overseas identified in a license application? What if the foreign person’s place of birth is different from the country he/she now resides in and holds citizenship from? What value should be entered on the license application? How should the foreign person employee of a U.S. person be identified in the TAA or MLA? Who should sign the DSP-83 for the transfer of U.S. classified information?
    Answer:

    When is a foreign person considered an employee?
    A foreign person is considered an employee when the foreign person is a full time regular employee, directly paid, insured, hired/fired and/or promoted exclusively by the U.S. person. The employee, however, need not LIVE in the U.S. to be employed by the U.S. person. The U.S. person is liable to ensure all foreign person employees are compliant with U.S. export laws regardless of residence.

    If residing overseas, is the foreign person employee considered a broker?
    If truly employed by the U.S. person, the foreign person is NOT considered a broker when performing the U.S. person’s business (must be within the scope of the employment authorization) since he/she is a company employee.

    Should current authorizations be replaced or amended to be consistent with current guidance?
    Currently approved authorizations are still valid. As expiration dates are reached, industry will be expected to submit the appropriate authorization as delineated in the current guidance.

    Can multiple employees be covered under one authorization?
    Yes. Multiple foreign person employees can be covered under one authorization so long as they are all of the same nationality working on the same program/commodity, i.e., all French nationals working on the same radar program.

    How is an employee providing marketing services overseas identified in a license application?
    If the U.S. person desires for the foreign person employee to market their products to other countries and the product is within the scope of the DSP-5, the U.S. person should obtain a license to market a particular technology to a particular country identifying the foreign person employee as a foreign consignee. Once the marketing license is approved the foreign employee may perform his/her job duties. The case number of the employment DSP-5 should be identified in the marketing license application.

    What if the foreign person’s place of birth is different from the country he/she now resides in and holds citizenship from?
    This would bring into question the issue of dual nationality and whether the individual had ties to his country of birth which would indicate a degree of loyalty and allegiance to that country. The license would be considered on the basis that it could be an export to both countries. Normally, this does not present a problem unless the country of birth is proscribed under 22 CFR 126.1 in which case we have to secure additional information to confirm lack of significant ties to the country of birth.

    Wha value should be entered on the license application?
    DDTC suggests identifying the foreign person employee’s annual salary and/or value of the technical data/defense services transferred/received.

    How should the foreign person employee of a U.S. person be identified in the TAA or MLA?
    The agreement holder must amend the agreement to specifically identify the foreign person employees of all U.S. signatories. The statement should be made in 22 CFR 124.7(4) with other statements regarding transfer territory. If the foreign person employees are not already identified, this statement should be included in the next amendment submitted to DDTC for approval. 

    Who should sign the DSP-83 for the transfer of U.S. classified information?
    The U.S. person and the foreign person employee must execute the DSP-83 when the transfer of U.S. classified information is required. DDTC may require the foreign government to execute the DSP-83 on a case-by-case basis. 

    For more information visit these links: http://www.pmddtc.state.gov/faqs/license_foreignpersons.html#1

    http://www.uscis.gov/working-united-states/temporary-workers/frequently-asked-questions-about-part-6-form-i-129-petition-nonimmigrant-worker 
    http://www.bis.doc.gov/

    This content is tagged for employers and Human Resources professionals responsible for hiring foreign professionals/workers in USA

    US Department of Labor is charged with protecting the labor market and investigation and enforcement activities related to that.

    Immigration and Custom Enforcement. This agency used to be a part of old INS. When DHS was formed, enforcement personnel of US Customs Service and INS were combined to form ICE, which is now responsible for a large part of immigration enforcement activity.

    Department of State (State Department) is responsible for issuing visas, which are a permission to travel to USA.

    A method to obtain green card used to avoid the need for PERM based labor certification.

    Customs and Border Protection. This agency was spun off from old INS. CBP is responsible for inspecting people when they land at airports, docks and land borders.

    To qualify for an A-1 (or A-2 visa), you must be traveling to the United States on behalf of your national government to engage solely in official activities for that government.  The fact that there may be government interest or control in a given organization is not in itself the defining factor in determining if you qualify for an A visa; the particular duties or services that will be performed must be governmental in character or nature, as determined by the United States Department of State, in accordance with U.S. immigration laws. Government officials traveling to the United States to perform non-governmental functions of a commercial nature, or traveling as tourists, require some other appropriate visa, and do not qualify for A visas.

    To qualify for an A-2 (or A-1 visa), you must be traveling to the United States on behalf of your national government to engage solely in official activities for that government. The fact that there may be government interest or control in a given organization is not in itself the defining factor in determining if you qualify for an A visa; the particular duties or services that will be performed must be governmental in character or nature, as determined by the United States Department of State, in accordance with U.S. immigration laws. Government officials traveling to the United States to perform non-governmental functions of a commercial nature, or traveling as tourists, require some other appropriate visa, and do not qualify for A visas.

    Consulates all over the world issue visas - a permission to enter USA for a specific purpose. Consulates are a part of the State Department (DOS - Department of State).

    Bangladesh Immigration

    Indonesia Immigration

    I-94 aka Arrival Departure Record is what governs your status in the USA. An expired I-94 can lead to bar from entering USA for 3 to 10 years.See details on &quot;Unlawful Presence&quot;.

    When used in relation to immigration, this is another name for being LEGALLY present in the USA

    This is a complicated term. Very simply (there is a lot more to it), you could have your status expire and still be authorized to stay in USA awaiting the outcome of a legally filed petition. This is something less than "Status" but much better than "Unlawful Presence."

    This is another complicated concept with some very serious consequences. Briefly, if you have been unlawfully present in USA for more than 180 days, you cannot come back to USA for 3 years and if unlawfully present for a year or more, you cannot come back for 10 years. Very generally speaking unlawful presence begins after expiration of the I-94 or after having been asked by the govt. to leave USA.

    These are topics related to appeals and motions for reconsideration or reopening of decisions (MTR) by govt. agencies such as USCIS, USDOL, etc.

    These are topics related to appeals and motions for reconsideration or reopening of decisions (MTR) by govt. agencies such as USCIS, USDOL, etc.

    Adjustment of Status

    Includes topics of loss of physical green card papers or the card itself as well as loss of green card through abandonment and criminal activity.

    When used in relation to immigration, this is another name for extending your status.

    Employees working in USA

    Personal employees, attendants and servants of A-1 and A-2 visa holders.

    EB4 category is for religious workers.

    “Priority Date” determines your place in the queue for waiting for green card in the categories where there is a wait. When the govt. has reached your PD, it is said to be “current.” For family-based green cards, PD is the date your I-130 was filed; for PERM-based cases, the date your PERM was filed; for employment-based cases other than through PERM (like EB-1 cases), PD is the date your I-140 was filed. DOS publishes the movement of the PD queue every month in the Visa Bulletin: http://www.immigration.com/visa-bulletin

    A publication of the US State Department that keeps track of the green card backlogs and informs us which "Priority Dates" are current so the applicants can expect to get through the last step of their green card processing. This is published every month around the 14th and tells us the availability for the following month. Note that certain categories of applicants ("immediate relatives") such as spouse of a US citizen are not shown in the visa bulletin because they are entitled to have their applications considered without any wait.

    Bureau of Citizenship and Immigration Services (now USCIS)

    Central Intelligence Agency

    Department of Homeland Security

    Department of Justice

    Federal Bureau of Investigation

    Immigration and Naturalization Service (now reconstituted into USCIS)

    Internal Revenue Service

    Office of Management and Budget

    Social Security Administration

    U.S. Citizenship and Immigration Services. Earlier known as INS. USCIS is responsible for providing immigration benefits to applicants. Homepage http://wwww.uscis.gov

    American Competitiveness and Workforce Improvement Act of 1998.

    Approval Date (When your application was approved)

    Alien Documentation, Identification & Telecommunications System

    Assistant Field Office Director

    Abbreviation for American Immigration Lawyers Association.

    Adjudications Officer

    Administrative Review

    Application Support Center: offers biometric services including fingerprinting services

    Birth Certificate

    Bureau of Citizenship and Immigration Services (now USCIS)

    Board of Immigrant Appeals

    Biometrics (include Digital photo, index finger print and your digital signature). This is needed for the production of Green Card.

    Customs and Border Protection

    Central Intelligence Agency

    Citizenship and Immigration Services

    Consulate Officer

    Consular Processing

    Conditional Permanent Resident

    Curricular Practical Training

    Central Regional Office

    California Service Center

    Cancelled Without Prejudice

    Deputy Field Office Director

    Department of Homeland Security

    Drivers License

    Department of Motor Vehicles

    Department of Justice

    Department of Labor

    Dallas Office Rapid Adjustment of Status

    Department of State

    Detention and Removal Operations

    Diversity Visa (a.k.a. Green Card Lottery)

    Eastern Application Center

    Employment Authorization Document (I-765, approval to work while waiting for Adjustment of Status - AOS Approval)

    Electronic Data Systems

    Executive Office of Immigration Review

    Expedited Removal

    Eastern Regional Office

    Entered Without Inspection

    Foreign Affairs Manual

    Federal Bureau of Investigation

    Field Office Director

    Finger Print

    File Transfer Request

    Green Card

    Immigration Judge

    International Marriage Brokers Act

    Immigration and Nationality Act

    Is an online appointment so you can go to your DO if you have a doubt or want to know something about your case in person or to request your interim EAD

    Immigration and Naturalization Service (now called USCIS)

    Immigration officer / Interviewing officer

    Immigration Reform and Control Act of 1986

    Internal Revenue Service

    Internet Service Provider

    Immigrant Visa

    Immigrant Visa Applicant Control System

    John F. Kennedy International Airport

    Kentucky Consular Center

    Labor Condition Application

    Lawful Permanent Resident

    Lawful Permanent Resident Alien

    Last Update Date on your on-line portfolio at USCIS website. It is the date when they last took action on your application, could be anything.

    Machine Readable Data

    Machine Readable Passport

    Machine Readable Visa

    Missouri Service Center

    Notice Date (When USCIS notified you that they received your application)

    National Data Entry Center

    Non Immigrant Visa

    Notice of Action is your receipt/letter that you received after you filed your forms (indicates I-797C)

    Notice of Proposed Rule Making

    Notice To Appear

    Nebraska Service Center

    National Visa Center

    New York District Office

    Office of Management and Budget

    Optional Practical Training

    Other Than Mexican

    Police Clearance Certificate

    Priority Date

    Port of Entry

    Permanent Resident (Also LPR - Legal Permanent Resident)

    Quality Assurance

    Receipt Date (When USCIS received your application)

    Remote Adjudications Center

    Request for Evidence

    Request for Initial Evidence

    Service Center (this is used with a prefix, eg CSC - California Service Center; MSC - Missouri Service Center, that is the address from where you will received your NOA (Notice of Action))

    Supervisory Detention & Deportation Officer

    Student Exchange Visitor Information System

    Student and Exchange Visitor Program

    Social Security Administration

    Social Security Number

    State Workforce Agency

    When the UCSIS "Touches" your petition or file it means that an action was taken which required your file to be physically touched or moved. Example: Your file is touched when it is given to an adjudicator to process.

    Temporary Protected Status

    Texas Service Center

    Transit Without Visa

    US Citizen

    U.S. Citizenship and Immigration Services

    System in airports that captures biometrics of people entering the country

    Voluntary Return

    Vermont Service Center

    Visa Waiver Program

    Western Application Center

    Western Regional Office

    Alien's Change of Address Form

    NAFTA Professional visa

    NAFTA Professional Dependant visa

    Pre-Flight Inspection

    PERM Processing: Program Electronic Review Management

    Individual Taxpayer Identification Number

    Interim EAD

    Application to Replace Permanent Residence Card

    Employment Eligibility Verification

    Affidavit of Support

    Application for Employment Authorization

    Green Card

    Application To Register Permanent Residence or Adjust Status

    Welcome Notice

    Immigrant Petition for Alien Worker

    Affidavit of Support

    Application for Travel Document

    Advance Parole or AP (Form I-131): The authorization to travel outside the US while your adjustment of status is pending. Note, Form I-131 is also used for Reentry Permit, an application by a US green card holder to be away from USA for over one year.

    Administrative Appeals Office

    Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student’s major area of study. Under the prior rules, an F-1 student could be authorized to receive up to a total of 12 months of practical training either before (pre-) and/or after (post-) completion of studies.

    This is an abbreviation for test_term and can be deleted

    AC21 is the name given to a law that provides for several matters including the ability to change jobs while an employment-based green card is pending (I-485 AC21 portability) and to start working for an H-1B employer as soon as transfer petition is filed with the USCIS.

    AC21 is the name given to a law that provides for several matters including the ability to change jobs while an employment-based green card is pending (I-485 AC21 portability) and to start working for an H-1B employer as soon as transfer petition is filed with the USCIS.

    American Immigration Lawyers Association

    Bureau of Educational and Cultural Affairs

    The process though which a person within USA obtains a change in their status to green card holder. This is usually the last step for (most not all) green card process.

    Includes Zoologists, Botanists

    Includes occupations in biochemistry, cytology, genetics, physiology

    Fashion Models

    Hotel management and related professions

    An alternative to obtaining the last step in the green card through the consulates outside USA. This is an alternative to adjustment of status.

    DOD (Department of Defense) project visas.

    Includes CPA's CA's and all other accountants and auditors

    Violence Against Women Act

    Child Status Protection Act

    Labor Condition Application. This is a part of some nonimmigrant visa applications process including H-1 visas. Not to be confused with "Labor Certification" also known as PERM, which is a part of the green card process. An LCA, or Labor Condition Application, is required to be submitted to and certified by the U.S. Department of Labor as a part of an H-1B application. The LCA serves to ensure that U.S. wages will not be depressed by the hiring of the H-1B employee and that the H-1B worker will not be exploited. In the LCA, the employer guarantees that it will pay the H-1B worker the required wage, which is the greater of the prevailing wage or the actual wage paid to other employees in the same position; that the H-1B employee will not displace a U.S. worker; and that the employment will not adversely affect the working conditions of workers similarly employed in the area of intended employment.

    Also known as CIS Ombudsman, this office provides recommendations for resolving individual and employer problems with the USCIS. As mandated by the Homeland Security Act of 2002 § 452, CIS Ombudsman is an independent office that reports directly to the Deputy Secretary of Homeland Security. http://www.dhs.gov/xabout/structure/editorial_0482.shtm

    PERM audits typically involve questions from the USDOL regarding the PERM filing.

    Used mostly in the context of the last step in green card processing (Adjustment of Status), preadjudication means USCIS is proceeding to make decision on the file even though priority date is not yet current. The idea is that way when the PD gets current, all they need to do is send approval notice and then the green card. So if the AOS is preadjudicated, you still need to wait for the PD to become current.

    Petition for a conditional resident who obtained status through marriage to apply to remove the conditions on his or her residence.

    Vermont Service Center

    California Service Center

    Nebraska Service Center

    Texas Service Center

    Office of the Chief Administrative Hearing Officer (OCAHO) is one of the three adjudicative bodies within the Executive Office for Immigration Review (EOIR). It has jurisdiction over three types of civil penalty cases: employer sanctions (INA § 274A - 8 USC § 1324a), unfair immigration-related employment practices (INA § 274B - 8 USC § 1324b), and immigration-related document fraud (INA § 274C - 8 USC § 1324c).

    Board of Alien Labor Certification Appeals is an adjudicative agency that decides in appeal PERM and wage disputes.

    Certifying Officer is the highest Department of Labor officer for a region. They are charged, amongst other things, with the responsibility to adjudicate PERM and LCA cases.

    Fraud Detection and National Security. FDNS was created to strengthen the ability of the U.S. Citizenship and
    Immigration Services (USCIS) to provide the right benefit to the right person at the right time, and no benefit to the wrong person.

    Citizenship in USA can be obtained through naturalization or through birth in USA.

    The process through which a person becomes a US Citizen.

    N-470 helps you preserve your stay abroad for naturalization under certain circumstances. So, even though you are living outside USA, you can accumulate that time for naturalization.

    Electronic System for Travel Authorization

    Congressional Research Service. A "think tank" that provides reports to members of Congress on a variety of topics relevant to current political events.

    Missouri Service Center (MSC) was transitioned into the National Benefits Center (NBC). The NBC was established to serve as the hub and conduit for USCIS local field offices by completing all pre-interview processing of Forms generally requiring an interview. This pre-processing includes conducting background security checks, performing initial evidence reviews, adjudication of associated I-765 and I-131 applications (filed with the I-485 or separately), denial of adjustment of status cases for applicants who are statutorily ineligible, and forwarding scheduled cases to the USCIS local office for adjudication. In employment based cases, transfer to NBC usually means an interview can be expected. This can occur even if PD is retrogressed.

    Online Form DS-160, Nonimmigrant Visa Electronic Application can only be used by visa applicants applying at a U.S. Embassy or Consulate which has converted to the new electronic fully online form and process. For more information visit travel.state.gov DS-160 informational webpage for a listing of embassy locations using Form DS-160. Next, visit one of the U.S. Embassy websites using the Form DS-160 and where you will apply, to review detailed nonimmigrant visa how-to-apply instructions, in addition to these FAQs.

    1. Where can I find the DS-160?
    You can access the DS-160 from the Consular Electronic Application Center website or from the link on the U.S. Embassy or Consulate website.

    The mission of the Employment and Training Administration is to contribute to the more efficient functioning of the U.S. labor market by providing high quality job training, employment, labor market information, and income maintenance services primarily through state and local workforce development systems.

    A form issued by school for applicants to obtain a Student Visa.

    A form issued by school or sponsor for applicants to obtain a J Visa.

    United Kingdom

    Cyprus Immigration

    Japan

    France

    Germany

    Ireland

    Kuwait Immigration

    Saudi Arabia Immigration

    United Arab Emirates Immigration

    Singapore Immigration

    Chile Immigration

    China Immigration new

    Egypt Immigration

    France Immigration

    Malaysia Immigration

    Maldives Immigration

    Malta Immigration

    Mauritius Immigration

    Nepal Immigration

    Norway Immigration

    New Zealand Immigration

    Romania Immigration

    South Africa Immigration