M Visa Law

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8 CFR Sec. 214.2(m) Students in established vocational or other recognized nonacademic institutions, other than in language training programs

(1) Admission of student
(i) Eligibility for admission . A nonimmigrant student may be admitted into the United States in nonimmigrant status under section 101(a)(15)(M) of the Act, if: (Paragraph (m)(1)(i) revised effective 1/1/03; 67 FR 76256 )  
(A) The student presents a SEVIS Form I-20 issued in his or her own name by a school approved by the Service for attendance by M-1 foreign students. (In the alternative, for a student seeking admission prior to August 1, 2003, the student may present a currently-valid Form I-20M-N/I-20ID, if that form was issued by the school prior to January 30, 2003);  
(B) The student has documentary evidence of financial support in the amount indicated on the SEVIS Form I-20 (or the Form I-20M-N/I-20ID); and  
(C) For students seeking initial admission only, the student intends to attend the school specified in the student's visa (or, where the student is exempt from the requirement for a visa, the school indicated on the SEVIS Form I-20 (or the Form I-20M-N/I-20ID)).  
(ii) Disposition of Form I - 20M - N . When a student is admitted to the United States, the inspecting officer shall forward Form I - 20M - N to the Service's processing center. The processing center shall forward Form I - 20N to the school which issued the form to notify the school of the student's admission.  
(iii) Use of SEVIS . On January 30, 2003, the use of the Student and Exchange Visitor Information System (SEVIS) will become mandatory for the issuance of any new Form I-20. A student or dependent who presents a non-SEVIS Form I-20 issued on or after January 30, 2003, will not be accepted for admission to the United States. Non-SEVIS Forms I-20 issued prior to January 30, 2003, will continue to be accepted for admission to the United States until August 1, 2003. However, schools must issue a SEVIS Form I-20 to any current stu dent requiring a reportable action (e.g., extension of status, practical training, and requests for employment authorization) or a new Form I-20, or for any aliens who must obtain a new nonimmigrant student visa. As of August 1, 2003, the records of all current or continuing students must be entered in SEVIS. (Added effective 1/1/03; 67 FR 76256 )  
 

(2) Form I - 20 ID copy 
The first time an M - 1 student comes into contact with the Service for any reason, the student must present to the Service a Form I - 20M - N properly and completely filled out by the student and by the designated official of the school the student is attending or intends to attend. The student will be issued a Form I - 20 ID copy with his or her admission number. The student must have the Form I - 20 ID copy with him or her at all times. If the student loses the Form I - 20 ID copy, the student must req uest a new Form I - 20 ID copy on Form I - 102 from the Service office having jurisdiction over the school the student was last authorized to attend.  
 

(3) Admission of the spouse and minor children of an M-1 student 
The spouse and minor children accompanying an M-1 student are eligible for admission in M-2 status if the student is admitted in M-1 status. The spouse and minor children following-to-join an M-1 student are eligible for admission to the United States in M-2 status if they are able to demonstrate that the M-1 student has been admitted and is, or will be within 30 days, enrolled in a full course of study, or engaged in approved practical training following completion of studies. In either case, at the time they seek admission, the eligible spouse and minor children of an M-1 student with a SEVIS Form I-20 must individually present an original SEVIS Form I-20 issued in the name of each M-2 dependent issued by a school authorized by the Service for attendance by M-1 foreign students. Prior to August 1, 2003, if exigent circumstances are demonstrated, the Service will allow the dependent of an M-1 student in possession of a SEVIS Form I-20 to enter the United States using a copy of the M-1 student's SEVIS Form I-20. (In the alternative, for dependents seeking admission to the United States prior to August 1, 2003, a copy of the M-1 student's current Form I-20ID issued prior to January 30, 2003, with proper endorsement by the DSO will satisfy this requirement.) A new SEVIS Form I-20 (or Form I-20M-N) is required for a dependent where there has been any substantive change in the M-1 student's current information. (Paragraph heading and introductory text revised effective 1/1/03; 67 FR 76256 )  
(i) A properly endorsed page 4 of Form I - 20M - N if there has been no substantive change in the information on the student's most recent Form I - 20M since the form was initially issued; or  
(ii) A new Form I - 20M - N if there has been any substantive change in the information on the student's most recent Form I - 20M since the form was initially issued.  
 

(4) Temporary absence
(i) General. An M - 1 student returning to the United States from a temporary absence to attend the school which the student was previously authorized to attend must present either --  
(A) A properly endorsed page 4 of Form I - 20M - N if there has been no substantive change in the information on the student's most recent Form I - 20M since the form was initially issued; or  
(B) A new Form I - 20M - N if there has been any substantive change in the information on the student's most recent Form I - 20M since the form was initially issued.  
(ii) Student who transferred between schools. If an M - 1 student has been authorized to transfer between schools and is returning to the United States from a temporary absence in order to attend the school to which transfer was authorized as indicated on the student's Form I - 20 ID copy, the name of the school to which the student is destined does not need to be specified in the student's visa.  
 

(5) Period of stay .
A student in M nonimmigrant status is admitted for a fixed time period, which is the period necessary to complete the course of study indicated on the Form I-20, plus practical training following completion of the course of study, plus an additional 30 days to depart the United States, but not to exceed a total period of one year. An M-1 student may be admitted for a period up to 30 days before the report date or start date of the course of study listed on the Form I-20. An M-1 student who fails to mainta in a full course of study or otherwise fails to maintain status is not eligible for the additional 30-day period of stay. (Revised effective 1/1/03; 67 FR 76256 )  
 

(6) [Reserved] (Removed and reserved effective 1/1/03; 67 FR 76256 )  
 

(7) [Reserved] (Removed and reserved effective 1/1/03; 67 FR 76256 )  
 

(8) [Reserved] (Removed and reserved effective 1/1/03; 67 FR 76256 )  
 

(9) Full course of study
Successful completion of the course of study must lead to the attainment of a specific educational or vocational objective. A "full course of study" as required by section 101(a)(15)(M)(i) of the Act means --  
(i) Study at a community college or junior college, certified by a school official to consist of at least twelve semester or quarter hours of instruction per academic term in those institutions using standard semester, trimester, or quarter-hour systems, where all students enrolled for a minimum of twelve semester or quarter hours are charged full-time tuition or considered full-time for other administrative purposes, or its equivalent (as determined by the district director) except when the student needs a lesser course load to complete the course of study during the current term;  
(ii) Study at a postsecondary vocational or business school, other than in a language training program except as provided in § 214.3(a)(2)(iv) , which confers upon its graduates recognized associate or other degrees or has established that its credits have been and are accepted unconditionally by at least three institutions of higher learning which are either: (1) A school (or school system) owned and operated as a public educational institution by the United States or a State or political subdivision thereof; or (2) a school accredited by a nationally recognized accrediting body; and which has been certified by a designated school official to con sist of at least twelve hours of instruction a week, or its equivalent as determined by the district director; (Revised 10/29/93; 58 FR 58097)  
(iii) Study in a vocational or other nonacademic curriculum, other than in a language training program except as provided in Sec. 214.3(a)(2)(iv), certified by a designated school official to consist of at least eighteen clock hours of attendance a week if the dominant part of the course of study consists of classroom instruction, or at least twenty-two clock hours a week if the dominant part of the course of study consists of shop or laboratory work; or  
(iv) Study in a vocational or other nonacademic high school curriculum, certified by a designated school official to consist of class attendance for not less than the minimum number of hours a week prescribed by the school for normal progress towards graduation.  
(v) On-line courses/distance education programs . No on-line or distance education classes may be considered to count toward an M-1 student's full course of study requirement if such classes do not require the student's physical attendance for classes, examination or other purposes integral to completion of the class. An on-line or distance education course is a course that is offered principally through the use of television, audio, or computer transmission including open broadcast, closed circuit, cable, microwave, or satellite, audio conferencing, or computer conferencing. (Added effective 1/1/03; 67 FR 76256 )  
(vi) Reduced course load . The designated school official may authorize an M-1 student to engage in less than a full course of study only where the student has been compelled by illness or a medical condition that has been documented by a licensed medical doctor, doctor of osteopathy, or licensed clinical psychologist, to interrupt or reduce his or her course of study. A DSO may not authorize a reduced course load for more than an aggregate of 5 months per course of study. An M-1 student previously authorized to drop below a full c ourse of study due to illness or medical condition for an aggregate of 5 months, may not be authorized by the DSO to reduce his or her course load on subsequent occasions during his or her particular course of study. (Paragraph (m)(9)(vi) added effective 1/1/03; 67 FR 76256 )  

(A) Non-SEVIS schools . A DSO must report any student who has been authorized by the DSO to carry a reduced course load. Within 21 days of the authorization, the DSO must send a photocopy of the student's Form I-20 to the Service's data processing center indicating the date that authorization was granted. The DSO must also report to the Service's data processing center when the student has resumed a full course of study, no more than 21 days from the date the student resumed a full course of study. In this case, the DSO must sub mit a photocopy of the student's Form I-20 indicating the date that a full course of study was resumed, with a new program end date.  

(B) SEVIS reporting . In order for a student to be authorized to drop below a full course of study, the DSO must update SEVIS prior to the student reducing his or her course load. The DSO must update SEVIS with the date, reason for authorization, and the start date of the next term or session. The DSO must also notify SEVIS within 21 days of the student's commencement of a full course of study.  
 

(10) Extension of stay  (Paragraph (M)(10) revised effective 1/1/03; 67 FR 76256 )
(i) Eligibility . The cumulative time of extensions that can be granted to an M-1 student is limited to a period of 3 years from the M-1 student's original start date, plus 30 days. No extension can be granted to an M-1 student if the M-1 student is unable to complete the course of study within 3 years of the original program start date. This limit includes extensions that have been granted due to a drop below full course of study, a transfer of schools, or reinstatement. An M-1 student may be granted an extension of stay if it is established that:  
(A) He or she is a bona fide nonimmigrant currently maintaining student status;  
(B) Compelling educational or medical reasons have resulted in a delay to his or her course of study. Delays caused by academic probation or suspension are not acceptable reasons for program extension; and  
(C) He or she is able to, and in good faith intends to, continue to maintain that status for the period for which the extension is granted.  
(ii) Application . A student must apply to the Service for an extension on Form I-539, Application to Extend/Change Nonimmigrant Status. A student's M-2 spouse and children seeking an extension of stay must be included in the application. The student must submit the application to the service center having jurisdiction over the school the student is currently authorized to attend, at least 15 days but not more than 60 days before the program end date on the student's Form I-20. The application must also be accompanied by th e student's Form I-20 and the Forms I-94 of the student's spouse and children, if applicable.  
(iii) Period of stay . If an application for extension is granted, the student and the student's spouse and children, if applicable, are to be given an extension of stay for the period of time necessary to complete the course of study, plus 30 days within which to depart from the United States, or for a total period of one year, whichever is less. A student's M-2 spouse and children are not eligible for an extension unless the M-1 student is granted an extension of stay, or for a longer period than is granted to the M-1 student .  
(iv) SEVIS update . A DSO must update SEVIS to recommend that a student be approved for an extension of stay. The SEVIS Form I-20 must be printed with the recommendation and new program end date for submission by mail to the service center, with Form I-539, and Forms I-94 if applicable.  
 

(11) School transfer  
(i) Eligibility. An M - 1 student may not transfer to another school after six months from the date the student is first admitted as, or changes nonimmigrant classification to that of, an M - 1 student unless the student is unable to remain at the school to which the student was initially admitted due to circumstances beyond the student's control. An M - 1 student may be otherwise eligible to transfer to another school if the student --  
(A) Is a bona fide nonimmigrant;  
(B) Has been pursuing a full course of study at the school the student was last authorized to attend;  
(C) Intends to pursue a full course of study at the school to which the student intends to transfer; and  
(D) Is financially able to attend the school to which the student intends to transfer.  
(ii) Procedure . A student must apply to the Service on Form I-539 for permission to transfer between schools. Upon application for school transfer, a student may effect the transfer subject to approval of the application. A student who transfers without complying with this requirement or whose application is denied after transfer pursuant to this regulation is considered to be out of status. If the application is approved, the approval of the transfer will be determined to be the program start date listed on the Form I-2 0, and the student will be granted an extension of stay for the period of time necessary to complete the new course of study plus 30 days, or for a total period of one year, whichever is less. (Paragraph (m)(11)(ii) revised effective 1/1/03; 67 FR 76256 )  

(A) Non-SEVIS school . The application must be accompanied by the Form I-20ID copy and the Form I-94 of the student's spouse and children, if applicable. The Form I-539 must also be accompanied by Form I-20M-N properly and completely filled out by the student and by the designated official of the school which the student wishes to attend. The student must submit the application for school transfer to the service center having jurisdiction over the school the student is currently authorized to attend. Upon approval, the adjudica ting officer will endorse the name of the school to which the transfer is authorized on the student's Form I-20ID copy and return it to the student. The officer will also endorse Form I-20M-N to indicate that a school transfer has been authorized and forward it to the Service's processing center for updating. The processing center will forward Form I-20M-N to the school to which the transfer has been authorized to notify the school of the action taken.  

(B) SEVIS school . The student must first notify his or her current school of the intent to transfer and indicate the school to which the student intends to transfer. Upon notification by the student, the current school must update SEVIS to show the student as a "transfer out" and input the "release date" for transfer. Once updated as a "transfer out" the transfer school is permitted to generate a SEVIS Form I-20 for transfer but will not gain access to the student's SEVIS record until the release date is reached. Upon rece ipt of the SEVIS Form I-20 from the transfer school, the student must submit Form I-539 in accordance with § 214.2(m)(11) to the service center with jurisdiction over the current school. The student may enroll in the transfer school at the next available term or session and is required to notify the DSO of the transfer school immediately upon beginning attendance. The transfer school must update the student's registration record in SEVIS in accordance with § 214.3(g)(3) . Upon approval of the transfer application, the Service officer will endorse the name of the school to which the transfer is authorized on the student's SEVIS Form I-20 and return it to the student.  

(C) Transition process . Once SEVIS is fully operational and interfaced with the service center benefit processing system, the Service officer will transmit the approval of the transfer to SEVIS and endorse the name of the school to which transfer is authorized on the student's SEVIS Form I-20 and return it to the student. As part of a transitional process until that time, the student is required to notify the DSO at the transfer school of the decision of the Service within 15 days of the receipt of the adjudication by the Servic e. Upon notification by the student of the approval of the Service, the DSO must immediately update SEVIS to show that approval of the transfer has been granted. The DSO must then print an updated SEVIS Form I-20 for the student indicating that the transfer has been completed. If the application for transfer is denied, the student is out of status and the DSO must terminate the student's record in SEVIS.  
(iii) Student who has not been pursuing a full course of study. If an M - 1 student who has not been pursuing a full course of study at the school the student was last authorized to attend desires to attend a different school, the student must apply for reinstatement to student status under paragraph (m)(16) of this section.  
 

(12) Change in educational objective 
An M - 1 student may not change educational objective.  
 

(13) Employment .
Except as provided in paragraph (m)(14) of this section, a student may not accept employment. (Revised effective 1/1/03; 67 FR 76256 )  


(14) Practical training
(i) When practical training may be authorized. Temporary employment for practical training may be authorized only after completion of the student's course of study.  
(ii) Application . A M-1 student must apply for permission to accept employment for practical training on Form I-765, with fee as contained in 8 CFR 103.7(b)(1) , accompanied by a Form I-20 that has been endorsed for practical training by the designated school official. The application must be submitted prior to the program end date listed on the student's Form I-20 but not more than 90 days before the program end date. The designated school official must certify on Form I-538 that ­ (Introductory text revised effective 1/1/03; 67 FR 76256 ) (Amended 6/3/95; 60 FR 21973 )  
(A) The proposed employment is recommended for the purpose of practical training;  
(B) The proposed employment is related to the student's course of study; and  
(C) Upon the designated school official's information and belief, employment comparable to the proposed employment is not available to the student in the country of the student's foreign residence.  
(iii) Duration of practical training. When the student is authorized to engage in employment for practical training, he or she will be issued an employment authorization document. The M-1 student may not begin employment until he or she has been issued an employment authorization document by the Service. One month of employment authorization will be granted for each four months of full-time study that the M-1 student has completed. However, an M-1 student may not engage in more than six months of practi cal training in the aggregate. The student will not be granted employment authorization if he or she cannot complete the requested practical training within six months.  
(iv) Temporary absence of M - 1 student granted practical training. An M - 1 student who has been granted permission to accept employment for practical training and who temporarily departs from the United States, may be readmitted for the remainder of the authorized period indicated on the student's Form I - 20 ID copy. The student must be returning to the United States to perform the authorized practical training. A student may not be readmitted to begin practical training which was not authorized prior to the student's departure from the United States.  
(v) Effect of strike or other labor dispute. Authorization for all employment for practical training is automatically suspended upon certification by the Secretary of Labor or the Secretary's designee to the Commissioner of Immigration and Naturalization or the Commissioner's designee that a strike or other labor dispute involving a work stoppage of workers is in progress in the occupation at the place of employment. As used in this paragraph, "place of employment" means wherever the employer or joint emplo yer does business.  
(vi) SEVIS process . The DSO must update the student's record in SEVIS to recommend that the Service approve the student for practical training, and print SEVIS Form I-20 with the recommendation, for the student to submit to the Service with Form I-765 as provided in this paragraph (m)(14). (Added effective 1/1/03; 67 FR 76256 )  
 

(15) Decision on application for extension, permission to transfer to another school, or permission to accept employment for practical training.
The Service shall notify the applicant of the decision and, if the application is denied, of the reason(s) for the denial. The applicant may not appeal the decision. (Amended 6/3/95; 60 FR 21973 

 
(16) Reinstatement to student status . (Paragraph (m)(16) revised effective 1/1/03; 67 FR 76256 )  
(i) General . A district director may consider reinstating a student who makes a request for reinstatement on Form I-539, Application to Extend/Change Nonimmigrant Status, accompanied by a properly completed SEVIS Form I-20 indicating the DSO's recommendation for reinstatement (or a properly completed Form I-20M-N issued prior to January 30, 2003, from the school the student is attending or intends to attend prior to August 1, 2003). The district director may consider granting the request only if the student:  
(A) Has not been out of status for more than 5 months at the time of filing the request for reinstatement (or demonstrates that the failure to file within the 5 month period was the result of exceptional circumstances and that the student filed the request for reinstatement as promptly as possible under these exceptional circumstances);  
(B) Does not have a record of repeated or willful violations of the Service regulations;  
(C) Is currently pursuing, or intends to pursue, a full course of study at the school which issued the Form I-20M-N or SEVIS Form I-20;  
(D) Has not engaged in unlawful employment;  
(E) Is not deportable on any ground other than section 237(a)(1)(B) or (C)(i) of the Act; and  
(F) Establishes to the satisfaction of the Service, by a detailed showing, either that:  
( 1 ) The violation of status resulted from circumstances beyond the student's control. Such circumstances might include serious injury or illness, closure of the institution, a natural disaster, or inadvertence, oversight or neglect on the part of the DSO, but do not include instances where a pattern of repeated violations or where a willful failure on the part of the student resulted in the need for reinstatement; or  
( 2 ) The violation relates to a reduction in the student's course load that would have been within a DSO's power to authorize, and that failure to approve reinstatement would result in extreme hardship to the student.  
(ii) Decision . If the Service reinstates the student, the Service shall endorse the student's copy of Form I-20 to indicate that the student has been reinstated and return the form to the student. If the Form I-20 is from a non-SEVIS school, the school copy will be forwarded to the school. If the Form I-20 is from a SEVIS school, the adjudicating officer will update SEVIS to reflect the Service's decision. In either case, if the Service does not reinstate the student, the student may not appeal the decision. The distric t director will send notification to the school of the decision.  
 

(17) Spouse and children of M-1 student
The M-2 spouse and minor children of an M-1 student shall each be issued an individual SEVIS Form I-20 in accordance with the provisions of § 214.3(k) . (Paragraph (m)(17) revised effective 1/1/03; 67 FR 76256 )  
(i) Employment . The M-2 spouse and children may not accept employment.  
(ii) Study . (A) The M-2 spouse may not engage in full time study, and the M-2 child may only engage in full time study if the study is in an elementary or secondary school (kindergarten through twelfth grade). The M-2 spouse and child may engage in study that is avocational or recreational in nature.  
(B) An M-2 spouse or M-2 child desiring to engage in full time study, other than that allowed for a child in paragraph (m)(17)(ii) of this section, must apply for and obtain a change of nonimmigrant classification to F-1, J-1, or M-1 status. An M-2 spouse or child who was enrolled on a full time basis prior to January 1, 2003, will be allowed to continue study but must file for a change of nonimmigrant classification to F-1, J-1, or M-1 status on or before March 11, 2003.  
(C) An M-2 spouse or M-2 child violates his or her nonimmigrant status by engaging in full time study except as provided in paragraph (m)(17)(i) and (ii) of this section.  
(18) Current name and address 
A student must inform the Service and the DSO of any legal changes to his or her name or of any change of address, within 10 days of the change, in a manner prescribed by the school. A student enrolled at a SEVIS school can satisfy the requirement in 8 CFR 265.1 of notifying the Service by providing a notice of a change of address within 10 days to the DSO, and the DSO in turn shall enter the information in SEVIS within 21 days of notification by the student. A nonimmigrant student enrolled at a non-SEVIS institution must submit a notice of change of address to the Service, as provided in 8 CFR 265.1 , within 10 days of the change. Except in the case of a student who cannot receive mail where he or she resides, the address provided by the student must be the actual physical location where the student resides rather than a mailing address. In cases where a student provides a mailing address, the school must maintain a record of, and must provide upon request from the Service, the actual physical location where the student resides.(Added effective 1/1/03; 67 FR 76256 ) (Added and reserved 8/27/02; 67 FR 54941 )  
 

(19) Special rules for certain border commuter students 
(Paragraph (m)(19) added 8/27/02; 67 FR 54941 )  
(i) Applicability . For purposes of the special rules in this paragraph (m)(19), the term "border commuter student" means a national of Canada or Mexico who is admitted to the United States as an M-1 student to enroll in a full course of study, albeit on a part-time basis, in an approved school located within 75 miles of a United States land border. The border commuter student must maintain actual residence and place of abode in the student's country of nationality, and seek admission to the United States at a land border po rt-of-entry. These special rules do not apply to a national of Canada or Mexico who is:  
(A) Residing in the United States while attending an approved school as an M-1 student, or  
(B) Enrolled in a full course of study as defined in paragraph (m)(9) of this section.  
(ii) Full course of study . The border commuter student must be enrolled in a full course of study at the school that leads to the attainment of a specific educational or vocational objective, albeit on a part-time basis. A designated school official at the school may authorize an eligible border commuter student to enroll in a course load below that otherwise required for a full course of study under paragraph (m)(9) of this section, provided that the reduced course load is consistent with the border commuter student's approved cou rse of study.  
(iii) Period of stay . An M-1 border commuter student is not entitled to an additional 30-day period of stay otherwise available under paragraph (m)(5) of this section.  
(iv) Employment . A border commuter student may not be authorized to accept any employment in connection with his or her M-1 student status, except for practical training as provided in paragraph (m)(14) of this section.  
 

(20) Remittance of the fee 
An alien who applies for M-1 or M-3 nonimmigrant status in order to enroll in a program of study at a DHS-approved vocational educational institution is required to pay the SEVIS fee to DHS, pursuant to 8 CFR 214.13 , except as otherwise provided in that section. (Added effective 9/1/04; 69 FR 39814 )    

This information can be found in the Code of Federal Regulations.

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

We host free calls for the community every other Thursday at 12:30 pm Eastern Standard Time.  All are welcome to call in phone 202-800-8394 and ask their questions.

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.

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Nonimmigrant Visas: