P Visa Law

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8 CFR Sec. 214.2(p) Artists, athletes, and entertainers


 
(1) Classifications
(i) General. Under section 101(a)(15)(P) of the Act, an alien having a residence in a foreign country which he or she has no intention of abandoning may be authorized to come to the United States temporarily to perform services for an employer or a sponsor. Under this nonimmigrant category, the alien may be classified under section 101(a)(15)(P)(i) of the Act as an alien who is coming to the United States to perform services as an internationally recognized athlete, individually or as part of a group or team, or member of an internationally recognized entertainment group; under section 101(a)(15)(P)(ii) of the Act, who is coming to perform as an artist or entertainer under a reciprocal exchange program; under section 101(a)(15)(P)(iii) of the Act, as an alien who is coming solely to perform, teach, or coach under a program that is culturally unique; or under section 101(a)(15)(P)(iv) of the Act, as the spouse or child of an alien described in section 101(a)(15)(P)(i) , (ii) , or (iii) of the Act who is accompanying or following to join the alien. These classifications are called P-1, P-2, P-3, and P-4 respectively. The employer or sponsor must file a petition with the Service for review of the services to be performed and for determination of the alien's eligibility for P-1, P-2, or P-3 classification before the alien may apply for a visa or seek admission to the United States. This paragraph sets forth the standards and procedures applicable to these classifications. (Paragraph (p) revised 8/15/94; 59 FR 41818 - 41842)  
(ii) Description of classification
(A) A P-1 classification applies to an alien who is coming temporarily to the United States:  
(1) To perform at a specific athletic competition as an athlete, individually or as part of a group or team, at an internationally recognized level of performance, or  
(2) To perform with, or as an integral and essential part of the performance of, an entertainment group that has been recognized internationally as being outstanding in the discipline for a sustained and substantial period of time, and who has had a sustained and substantial relationship with the group (ordinarily for at least 1 year) and provides functions integral to the performance of the group.  
(B) A P-2 classification applies to an alien who is coming temporarily to the United States to perform as an artist or entertainer, individually or as part of a group, or to perform as an integral part of the performance of such a group, and who seeks to perform under a reciprocal exchange program which is between an organization or organizations in the United States and an organization or organizations in one or more foreign states, and which provides for the temporary exchange of artists and entertainers , or groups of artists and entertainers.  
(C) A P-3 classification applies to an alien artist or entertainer who is coming temporarily to the United States, either individually or as part of a group, or as an integral part of the performance of the group, to perform, teach, or coach under a commercial or noncommercial program that is culturally unique.  
(2) Filing of petitions --  
(i) General . A P-1 petition for an athlete or entertainment group shall be filed by a United States employer, a United States sponsoring organization, a United States agent, or a foreign employer through a United States agent. For purposes of paragraph (p) of this section, a foreign employer is any employer who is not amenable to service of process in the United States. Foreign employers seeking to employ a P-1 alien may not directly petition for the alien but must use a United States agent. A United States agent petit ioning on behalf of a foreign employer must be authorized to file the petition, and to accept service of process in the United States in proceedings under section 274A of the Act, on behalf of the foreign employer. A P-2 petition for an artist or entertainer in a reciprocal exchange program shall be filed by the United States labor organization which negotiated the reciprocal exchange agreement, the sponsoring organization, or a United States employer. A P-3 petition for an artist or entertainer in a culturally unique program shall be filed by the sponsoring organization or a United States employer. Essential support personnel may not be included on the petition filed fo r the principal alien(s). These aliens require a separate petition. Except as provided for in paragraph (p)(2)(iv)(A) of this section, the petitioner shall file a P petition on Form I-129, Petition for Nonimmigrant Worker, with the Service Center which has jurisdiction in the area where the alien will work. The petition may not be filed more than one year before the actual need for the alien's services. A P-1, P-2, or P-3 petition shall be adjudicated at the appropriate Service Center, even in emergency situations. (Amended effective 5/16/07; 72 FR 18856 )(Revised 4/16/97; 62 FR 18508 )

(ii) Evidence required to accompany a petition for a P nonimmigrant . Petitions for P nonimmigrant aliens shall be accompanied by the following:  
(A) The evidence specified in the specific section of this part for the classification;  
(B) Copies of any written contracts between the petitioner and the alien beneficiary or, if there is no written contract, a summary of the terms of the oral agreement under which the alien(s) will be employed;  
(C) An explanation of the nature of the events or activities, the beginning and ending dates for the events or activities, and a copy of any itinerary for the events or activities; and  
(D) A written consultation from a labor organization.  
(iii) Form of documentation . The evidence submitted with a P petition should conform to the following:  
(A) Affidavits, contracts, awards, and similar documentation must reflect the nature of the alien's achievement and be executed by an officer or responsible person employed by the institution, establishment, or organization where the work was performed.  
(B) Affidavits written by present or former employers or recognized experts certifying to the recognition and extraordinary ability, or, in the case of a motion picture or television production, the extraordinary achievement of the alien, which shall specifically describe the alien's recognition and ability or achievement in factual terms. The affidavit must also set forth the expertise of the affiant and the manner in which the affiant acquired such information.  
(C) A legible copy of a document in support of the petition may be submitted in lieu of the original. However, the original document shall be submitted if requested by the Director.  
(iv) Other filing situations --  
(A) Services in more than one location . A petition which requires the alien to work in more than one location ( e.g., a tour) must include an itinerary with the dates and locations of the performances and must be filed with the Service Center which as jurisdiction in the area where the petitioner is located. The address which the petitioner specifies as its location on the petition shall be where the petitioner is located for purposes of this paragraph. (Paragraph (p)(2)(iv) revised 4/16/97; 62 FR 18508 )

(B) Servcies for more than one employer . If the beneficiary or beneficiaries will work for more than one employer within the same time period, each employer must file a separate petition with the Service Center that has jurisdiction over the area where the alien will perform the services, unless an agent files the petition pursuant to paragraph (p)(2)(iv)(E) of this section.

(C) Change of employer -        


( 1 ) General . If a P-1, P-2, or P-3 alien in the United States seeks to change employers or sponsors, the new employer or sponsor must file both a petition and a request to extend the alien's stay in the United States. The alien may not commence employment with the new employer or sponsor until the petition and request for extension have been approved.

( 2 ) Traded professional P-1 athletes . In the case of a professional P-1 athlete who is traded from one organization to another organization, employment authorization for the player will automatically continue for a period of 30 days after acquisition by the new organization, within which time the new organization is expected to file a new Form I-129 for P-1 nonimmigrant classification. If a new Form I-129 is not filed within 30 days, employment authorization will cease. If a new Form I-129 is filed within 30 days, the professional athlete sha ll be deemed to be in valid P-1 status, and employment shall continue to be authorized, until the petition is adjudicated. If the new petition is denied, employment authorization will cease.  
(D) Amended petition . The petitioner shall file an amended petition, with fee, with the Service Center where the original petition was filed to reflect any material changes in the terms and conditions of employment or the beneficiary's eligibility as specified in the original approved petition. A petitioner may add additional similar or comparable performances, engagements, or competitions during the validity period of the petition without filing an amended petition.  
(E) Agents as petitioners . A United States agent may file a petition in cases involving workers who are traditionally self-employed or workers who use agents to arrange short-term employment on their behalf with numerous employers, and in cases where a foreign employer authorizes the agent to act on its behalf. A United States agent may be: the actual employer of the beneficiary; the representative of both the employer and the beneficiary; or, a person or entity authorized by the employer to act for, or in place of, the employer as its agent. A petition filed by an United States agent is subject to the following conditions:

( 1 ) An agent performing the function of an employer must specify the wage offered and the other terms and conditions of employment by contractual agreement with the beneficiary or beneficiaries. The agent/employer must also provide an itinerary of definite employment and information on any other services planned for the period of time requested.

( 2 ) A person or company in business as an agent may file the P petition involving multiple employers as the representative of both the employers and the beneficiary or beneficiaries if the supporting documentation includes a complete itinerary of services or engagements. The itinerary shall specify the dates of each service or engagement, the names and addresses of the actual employers, the names and addresses of the establishment, venues, or locations where the services will be performed. In questionable cas es, a contract between the employer(s) and the beneficiary or beneficiaries may be required. The burden is on the agent to explain the terms and conditions of the employment and to provide any required documentation.  
( 3 ) A foreign employer who, through a United States agent, files a petition for a P nonimmigrant alien is responsible for complying with all of the employer sanctions provisions of section 274A of the Act and 8 CFR part 274a .

(F) Multiple beneficiaries . More than one beneficiary may be included in a P petition if they are members of a group seeking classification based on the reputation of the group as an entity, or if they will provide essential support to P-1, P-2, or P-3 beneficiaries performing in the same location and in the same occupation.

(G) Named beneficiaries . Petitions for P classification must include the names of beneficiaries and other required information at the time of filing.

(H) Substitution of beneficiaries . A petitioner may request substitution of beneficiaries in approved P-1, P-2, and P-3 petitions for groups. To request substitution, the petitioner shall submit a letter requesting such substitution, along with a copy of the petitioner's approval notice, to the consular office at which the alien will apply for a visa or the Port-of-Entry where the alien will apply for admission. Essential support personnel may not be substituted at consular offices or at Ports-of-entry. In order to add additional new essential support personnel, a new I-129 petition must be filed with the appropriate Service Center.  
(3) Definitions . As used in this paragraph, the term::

Arts includes fields of creative activity or endeavor such as, but not limited to, fine arts, visual arts, and performing arts.

Competition, event, or performance means an activity such as an athletic competition, athletic season, tournament, tour, exhibit, project, entertainment event, or engagement. Such activity could include short vacations, promotional appearances for the petitioning employer relating to the competition, event, or performance, and stopovers which are incidental and/or related to the activity. An athletic competition or entertainment event could include an entire season of performances. A group of related activities will also be considered an event. In the case of a P-2 petition, the event may be the duration of the reciprocal exchange agreement. In the case of a P-1 athlete, the event may be the duration of the alien's contract.

Contract means the written agreement between the petitioner and the beneficiary(ies) that explains the terms and conditions of employment. The contract shall describe the services to be performed, and specify the wages, hours of work, working conditions, and any fringe benefits.

Culturally unique means a style of artistic expression, methodology, or medium which is unique to a particular country, nation, society, class, ethnicity, religion, tribe, or other group of persons.

Essential support alien means a highly skilled, essential person determined by the Director to be an integral part of the performance of a P-1, P-2, or P-3 alien because he or she performs support services which cannot be readily performed by a United States worker and which are essential to the successful performance of services by the P-1, P-2, or P-3 alien. Such alien must have appropriate qualifications to perform the services, critical knowledge of the specific services to be performed, and experience in providing such support to the P-1, P-2, or P-3 alien.

Group means two or more persons established as one entity or unit to perform or to provide a service.

Internationally recognized means having a high level of achievement in a field evidenced by a degree of skill and recognition substantially above that ordinarily encountered, to the extent that such achievement is renowned, leading, or well-known in more than one country.

Member of a group means a person who is actually performing the entertainment services.

Sponsor means an established organization in the United States which will not directly employ a P-1, P-2, or P-3 alien but will assume responsibility for the accuracy of the terms and conditions specified in the petition.  
Team means two or more persons organized to perform together as a competitive unit in a competitive event.  
(4) Petition for an internationally recognized athlete or member of an internationally recognized entertainment group (P-1) --

(i) Types of classification

(A) P-1 classification as an athlete in an individual capacity. A P-1 classification may be granted to an alien who is an internationally recognized athlete based on his or her own reputation and achievements as an individual. The alien must be coming to the United States to perform services which require an internationally recognized athlete.

(B) P-1 classification as a member of an entertainment group or an athletic team. An entertainment group or athletic team consists of two or more persons who function as a unit. The entertainment group or athletic team as a unit must be internationally recognized as outstanding in the discipline and must be coming to perform services which require an internationally recognized entertainment group or athletic team. A person who is a member of an internationally recognized entertainment group or athletic team may be granted P-1 classification based on that relationship, but may not pe rform services separate and apart from the entertainment group or athletic team. An entertainment group must have been established for a minimum of 1 year, and 75 percent of the members of the group must have been performing entertainment services for the group for a minimum of 1 year.
   
(ii) Criteria and documentary requirements for P-1 athletes

(A) General. A P-1 athlete must have an internationally recognized reputation as an international athlete or he or she must be a member of a foreign team that is internationally recognized. The athlete or team must be coming to the United States to participate in an athletic competition which has a distinguished reputation and which requires participation of an athlete or athletic team that has an international reputation.

(B) Evidentiary requirements for an internationally recognized athlete or athletic team. A petition for an athletic team must be accompanied by evidence that the team as a unit has achieved international recognition in the sport. Each member of the team is accorded P-1 classification based on the international reputation of the team. A petition for an athlete who will compete individually or as a member of a U.S. team must be accompanied by evidence that the athlete has achieved international recognition in the sport based on his or her reputation. A petition for a P-1 athlete or athletic team shall include:

(1) A tendered contract with a major United States sports league or team, or a tendered contract in an individual sport commensurate with international recognition in that sport, if such contracts are normally executed in the sport, and

(2) Documentation of at least two of the following:

(i) Evidence of having participated to a significant extent in a prior season with a major United States sports league;

(ii) Evidence of having participated in international competition with a national team;

(iii) Evidence of having participated to a significant extent in a prior season for a U.S. college or university in intercollegiate competition;

(iv) A written statement from an official of a major U.S. sports league or an official of the governing body of the sport which details how the alien or team is internationally recognized;

(v) A written statement from a member of the sports media or a recognized expert in the sport which details how the alien or team is internationally recognized;

(vi) Evidence that the individual or team is ranked if the sport has international rankings; or

(vii) Evidence that the alien or team has received a significant honor or award in the sport.

(iii) Criteria and documentary requirements for members of an internationally recognized entertainment group --

(A) General. A P-1 classification shall be accorded to an entertainment group to perform as a unit based on the international reputation of the group. Individual entertainers shall not be accorded P-1 classification to perform separate and apart from a group. Except as provided in paragraph (p)(4)(iii)(C)((2)) of this section, it must be established that the group has been internationally recognized as outstanding in the discipline for a sustained and substantial period of time. Seventy-five percent of the members of the group must have had a sustained and substantial relationship with the group for at least 1 year and must provide functions integral to the group's performance.

(B) Evidentiary criteria for members of internationally recognized entertainment groups. A petition for P-1 classification for the members of an entertainment group shall be accompanied by:

(1) Evidence that the group has been established and performing regularly for a period of at least 1 year;

(2) A statement from the petitioner listing each member of the group and the exact dates for which each member has been employed on a regular basis by the group; and

(3) Evidence that the group has been internationally recognized in the discipline for a sustained and substantial period of time. This may be demonstrated by the submission of evidence of the group's nomination or receipt of significant international awards or prizes for outstanding achievement in its field or by three of the following different types of documentation:

(i) Evidence that the group has performed, and will perform, as a starring or leading entertainment group in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications, contracts, or endorsements;

(ii) Evidence that the group has achieved international recognition and acclaim for outstanding achievement in its field as evidenced by reviews in major newspapers, trade journals, magazines, or other published material;

(iii) Evidence that the group has performed, and will perform, services as a leading or starring group for organizations and establishments that have a distinguished reputation evidenced by articles in newspapers, trade journals, publications, or testimonials;

(iv) Evidence that the group has a record of major commercial or critically acclaimed successes, as evidenced by such indicators as ratings; standing in the field; box office receipts; record, cassette, or video sales; and other achievements in the field as reported in trade journals, major newspapers, or other publications;

(v) Evidence that the group has achieved significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field. Such testimonials must be in a form that clearly indicates the author's authority, expertise, and knowledge of the alien's achievements; or

(vi) Evidence that the group has either commanded a high salary or will command a high salary or other substantial remuneration for services comparable to others similarly situated in the field as evidenced by contracts or other reliable evidence.

(C) Special provisions for certain entertainment groups

(1) Alien circus personnel. The 1-year group membership requirement and the international recognition requirement are not applicable to alien circus personnel who perform as part of a circus or circus group, or who constitute an integral and essential part of the performance of such circus or circus group, provided that the alien or aliens are coming to join a circus that has been recognized nationally as outstanding for a sustained and substantial period of time or as part of such a circus.

(2) Certain nationally known entertainment groups . The Director may waive the international recognition requirement in the case of an entertainment group which has been recognized nationally as being outstanding in its discipline for a sustained and substantial period of time in consideration of special circumstances. An example of a special circumstance would be when an entertainment group may find it difficult to demonstrate recognition in more than one country due to such factors as limited access to news media or consequences of geography.

(3) Waiver of 1-year relationship in exigent circumstances. The Director may waive the 1-year relationship requirement for an alien who, because of illness or unanticipated and exigent circumstances, replaces an essential member of a P-1 entertainment group or an alien who augments the group by performing a critical role. The Department of State is hereby delegated the authority to waive the 1-year relationship requirement in the case of consular substitutions involving P-1 entertainment groups.

(iv) P-1 classification as an essential support alien

(A) General. An essential support alien as defined in paragraph (p)(3) of this section may be granted P-1 classification based on a support relationship with an individual P-1 athlete, P-1 athletic team, or a P-1 entertainment group.

(B) Evidentiary criteria for a P-1 essential support petition. A petition for P-1 essential support personnel must be accompanied by:

(1) A consultation from a labor organization with expertise in the area of the alien's skill;

(2) A statement describing the alien(s) prior essentiality, critical skills, and experience with the principal alien(s); and

(3) A copy of the written contract or a summary of the terms of the oral agreement between the alien(s) and the employer.  


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


 

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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.

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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.

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Includes Zoologists, Botanists

Includes occupations in biochemistry, cytology, genetics, physiology

Fashion Models

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Nonimmigrant Visas: