U Visa Law

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 8 CFR 214.14  Alien victims of certain qualifying criminal activity.


 (a) Definitions. As used in this section, the term:


    (1) BIWPA means Battered Immigrant Women Protection Act of 2000 of the Victims of Trafficking and Violence Protection Act of 2000, div. B, Violence Against Women Act of 2000, tit. V, Pub. L. 106-386, 114 Stat. 1464, (2000), amended by Violence Against Women and Department of Justice Reauthorization Act of 2005, tit. VIII, Pub. L. 109-162, 119 Stat. 2960 (2006), amended by Violence Against Women and Department of


Justice Reauthorization Act--Technical Corrections, Pub. L. 109-271, 120 Stat. 750 (2006).


    (2) Certifying agency means a Federal, State, or local law enforcement agency, prosecutor, judge, or other authority, that has responsibility for the investigation or prosecution of a qualifying crime or criminal activity. This definition includes agencies that have criminal investigative jurisdiction in their respective areas of expertise, including, but not limited to, Child Protective Services, the Equal Employment Opportunity Commission, and the Department of Labor.


    (3) Certifying official means:


    (i) The head of the certifying agency, or any person(s) in a supervisory role who has been specifically designated by the head of the certifying agency to issue U nonimmigrant status certifications on behalf of that agency; or


    (ii) A Federal, State, or local judge.


    (4) Indian Country is defined as:


    (i) All land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and including rights-of-way running through the reservation;


    (ii) All dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state; and


    (iii) All Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through such allotments.


    (5) Investigation or prosecution refers to the detection or investigation of a qualifying crime or criminal activity, as well as to the prosecution, conviction, or sentencing of the perpetrator of the qualifying crime or criminal activity.


    (6) Military Installation means any facility, base, camp, post, encampment, station, yard, center, port, aircraft, vehicle, or vessel under the jurisdiction of the Department of Defense, including any leased facility, or any other location under military control.


    (7) Next friend means a person who appears in a lawsuit to act for the benefit of an alien under the age of 16 or incapacitated or incompetent, who has suffered substantial physical or mental abuse as a result of being a victim of qualifying criminal activity. The next friend is not a party to the legal proceeding and is not appointed as a guardian.


    (8) Physical or mental abuse means injury or harm to the victim's physical person, or harm to or impairment of the emotional or psychological soundness of the victim.


    (9) Qualifying crime or qualifying criminal activity includes one or more of the following or any similar activities in violation of Federal, State or local criminal law of the United States: Rape; torture; trafficking; incest; domestic violence; sexual assault; abusive sexual contact; prostitution; sexual exploitation; female genital mutilation; being held hostage; peonage; involuntary servitude; slave trade; kidnapping; abduction; unlawful criminal restraint; false imprisonment; blackmail; extortion; manslaughter; murder; felonious assault; witness tampering; obstruction of justice; perjury; or attempt, conspiracy, or solicitation to commit any of the above mentioned crimes. The term "any similar activity'' refers to criminal offenses in which the nature and elements of the offenses are substantially similar to the statutorily enumerated list of criminal activities.


    (10) Qualifying family member means, in the case of an alien victim 21 years of age or older who is eligible for U nonimmigrant status as described in section 101(a)(15)(U) of the Act, 8 U.S.C. 1101(a)(15)(U), the spouse or child(ren) of such alien; and, in the case of an alien victim under the age of 21 who is eligible for U nonimmigrant status as described in section 101(a)(15)(U) of the Act, qualifying family member means the spouse, child(ren), parents, or unmarried siblings under the age of 18 of such an alien.


    (11) Territories and Possessions of the United States means American Samoa, Swains Island, Bajo Nuevo (the Petrel Islands), Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Atoll, Navassa Island, Northern Mariana Islands, Palmyra Atoll, Serranilla Bank, and Wake Atoll.


    (12) U nonimmigrant status certification means Form I-918, Supplement B, "U Nonimmigrant Status Certification,'' which confirms that the petitioner has been helpful, is being helpful, or is likely to be helpful in the investigation or prosecution of the qualifying criminal activity of which he or she is a victim.


    (13) U interim relief refers to the interim benefits that were provided by USCIS to petitioners for U nonimmigrant status, who requested such benefits and who were deemed prima facie eligible for U nonimmigrant status prior to the publication of the implementing regulations.


    (14) Victim of qualifying criminal activity generally means an alien who has suffered direct and proximate harm as a result of the commission of qualifying criminal activity.


    (i) The alien spouse, children under 21 years of age and, if the direct victim is under 21 years of age, parents and unmarried siblings under 18 years of age, will be considered victims of qualifying criminal activity where the direct victim is deceased due to murder or manslaughter, or is incompetent or incapacitated, and therefore unable to provide information concerning the criminal activity or be helpful in the investigation or prosecution of the criminal activity. For purposes of determining eligibility under this definition, USCIS will consider the age of the victim at the time the qualifying criminal activity occurred.


    (ii) A petitioner may be considered a victim of witness tampering, obstruction of justice, or perjury, including any attempt, solicitation, or conspiracy to commit one or more of those offenses, if:


    (A) The petitioner has been directly and proximately harmed by the perpetrator of the witness tampering, obstruction of justice, or perjury; and


    (B) There are reasonable grounds to conclude that the perpetrator committed the witness tampering, obstruction of justice, or perjury offense, at least in principal part, as a means:


    (1) To avoid or frustrate efforts to investigate, arrest, prosecute, or otherwise bring to justice the perpetrator for other criminal activity; or


    (2) To further the perpetrator's abuse or exploitation of or undue control over the petitioner through manipulation of the legal system.


    (iii) A person who is culpable for the qualifying criminal activity being investigated or prosecuted is excluded from being recognized as a victim of qualifying criminal activity.


    (b) Eligibility. An alien is eligible for U-1 nonimmigrant status if he or she demonstrates all of the following in accordance with paragraph (c) of this section:


    (1) The alien has suffered substantial physical or mental abuse as a result of having been a victim of qualifying criminal activity. Whether abuse is substantial is based on a number of factors, including but not limited to:



The nature of the injury inflicted or suffered; the severity of the perpetrator's conduct; the severity of the harm suffered; the duration of the infliction of the harm; and the extent to which there is permanent or serious harm to the appearance, health, or physical or mental soundness of the victim, including aggravation of pre-existing conditions. No single factor is a prerequisite to establish that the abuse suffered was substantial. Also, the existence of one or more of the factors automatically does not create a presumption that the abuse suffered was substantial. A series of acts taken together may be considered to constitute substantial physical or mental abuse even where no single act alone rises to that level;


    (2) The alien possesses credible and reliable information establishing that he or she has knowledge of the details concerning the qualifying criminal activity upon which his or her petition is based. The alien must possess specific facts regarding the criminal activity leading a certifying official to determine that the petitioner has, is, or is likely to provide assistance to the investigation or prosecution of the qualifying criminal activity. In the event that the alien has not yet reached 16 years of age on the date on which an act constituting an element of the qualifying criminal activity first occurred, a parent, guardian or next friend of the alien may possess the information regarding a qualifying crime. In addition, if the alien is incapacitated or incompetent, a parent, guardian, or next friend may possess the information regarding the qualifying crime;


    (3) The alien has been helpful, is being helpful, or is likely to be helpful to a certifying agency in the investigation or prosecution of the qualifying criminal activity upon which his or her petition is based, and since the initiation of cooperation, has not refused or failed to provide information and assistance reasonably requested. In the event that the alien has not yet reached 16 years of age on the date on which an act constituting an element of the qualifying criminal activity first occurred, a parent, guardian or next friend of the alien may provide the required assistance. In addition, if the petitioner is incapacitated or incompetent and, therefore, unable to be helpful in the investigation or prosecution of the qualifying criminal activity, a parent, guardian, or next friend may provide the required assistance; and


    (4) The qualifying criminal activity occurred in the United States (including Indian country and U.S. military installations) or in the territories or possessions of the United States, or violated a U.S. federal law that provides for extraterritorial jurisdiction to prosecute the offense in a U.S. federal court.


    (c) Application procedures for U nonimmigrant status (1) Filing a petition. USCIS has sole jurisdiction over all petitions for U nonimmigrant status. An alien seeking U-1 nonimmigrant status must  submit, by mail, Form I-918, ``Petition for U Nonimmigrant Status,'' applicable biometric fee (or request for a fee waiver as provided in 8 CFR 103.7(c)), and initial evidence to USCIS in accordance with this paragraph and the instructions to Form I-918. A petitioner who received interim relief is not required to submit initial evidence with Form I- 918 if he or she wishes to rely on the law enforcement certification and other evidence that was submitted with the request for interim relief.


    (i) Petitioners in pending immigration proceedings. An alien who is in removal proceedings under section 240 of the Act, 8 U.S.C. 1229a, or in exclusion or deportation proceedings initiated under former sections 236 or 242 of the Act, 8 U.S.C. 1226 and 1252 (as in effect prior to April 1, 1997), and who would like to apply for U nonimmigrant status must file a Form I-918 directly with USCIS. U.S. Immigration and Customs Enforcement (ICE) counsel may agree, as a matter of discretion, to file, at the request of the alien petitioner, a joint motion to terminate proceedings without prejudice with the immigration judge or Board of Immigration Appeals, whichever is appropriate, while a petition for U nonimmigrant status is being adjudicated by USCIS.


    (ii) Petitioners with final orders of removal, deportation, or exclusion. An alien who is the subject of a final order of removal, deportation, or exclusion is not precluded from filing a petition for U-1 nonimmigrant status directly with USCIS. The filing of a petition for U-1 nonimmigrant status has no effect on ICE's authority to execute a final order, although the alien may file a request for a stay of removal pursuant to 8 CFR 241.6(a) and 8 CFR 1241.6(a). If the alien is in detention pending execution of the final order, the time during which a stay is in effect will extend the period of detention (under the standards of 8 CFR 241.4) reasonably necessary to bring about the petitioner's removal.


    (2) Initial evidence
    Form I-918 must include the following initial evidence:


    (i) Form I-918, Supplement B, ``U Nonimmigrant Status Certification,'' signed by a certifying official within the six months immediately preceding the filing of Form I-918. The certification must state that: the person signing the certificate is the head of the certifying agency, or any person(s) in a supervisory role who has been specifically designated by the head of the certifying agency to issue U nonimmigrant status certifications on behalf of that agency, or is a Federal, State, or local judge; the agency is a Federal, State, or local law enforcement agency, or prosecutor, judge or other authority, that has responsibility for the detection, investigation, prosecution, conviction, or sentencing of qualifying criminal activity; the applicant has been a victim of qualifying criminal activity that the certifying official's agency is investigating or prosecuting; the petitioner possesses information concerning the qualifying criminal activity of which he or she has been a victim; the petitioner has been, is being, or is likely to be helpful to an investigation or prosecution of that qualifying criminal activity; and the qualifying criminal activity violated U.S. law, or  occurred in the United States, its territories, its possessions, Indian country, or at military installations abroad.


    (ii) Any additional evidence that the petitioner wants USCIS to consider to establish that: the petitioner is a victim of qualifying criminal activity; the petitioner has suffered substantial physical or mental abuse as a result of being a victim of qualifying criminal activity; the petitioner (or, in the case of a child under the age of 16 or petitioner who is incompetent or incapacitated, a parent, guardian or next friend of the petitioner) possesses information establishing that he or she has knowledge of the details concerning the qualifying criminal activity of which he or she was a victim and upon which his or her application is based; the petitioner (or, in the case of a child under the age of 16 or petitioner who is incompetent or incapacitated, a parent, guardian or next friend of the petitioner) has been helpful, is being helpful, or is likely to be helpful to a Federal, State, or local law enforcement agency, prosecutor, or authority, or Federal or State judge, investigating or prosecuting the criminal activity of which the petitioner is a victim; or the criminal activity is qualifying and occurred in the United States (including Indian country and U.S. military installations) or in the territories or possessions of the United States, or violates a U.S. federal law that provides for extraterritorial jurisdiction to prosecute the offense in a U.S. federal court;


    (iii) A signed statement by the petitioner describing the facts of the victimization. The statement also may include information supporting any of the eligibility requirements set out in paragraph (b) of this section. When the petitioner is under the age of 16, incapacitated, or incompetent, a parent, guardian, or next friend may submit a statement on behalf of the petitioner; and


    (iv) If the petitioner is inadmissible, Form I-192, ``Application for Advance Permission to Enter as Non-Immigrant,'' in accordance with 8 CFR 212.17.


    (3) Biometric capture
All petitioners for U-1 nonimmigrant status must submit to biometric capture and pay a biometric capture fee. USCIS will notify the petitioner of the proper time and location to appear for biometric capture after the petitioner files Form I-918.


    (4) Evidentiary standards and burden of proof


The burden shall be on the petitioner to demonstrate eligibility for U-1 nonimmigrant status. The petitioner may submit any credible evidence relating to his  or her Form I-918 for consideration by USCIS. USCIS shall conduct a de novo review of all evidence submitted in connection with Form I-918 and may investigate any aspect of the petition. Evidence previously submitted for this or other immigration benefit or relief may be used by USCIS in evaluating the eligibility of a petitioner for U-1 nonimmigrant status. However, USCIS will not be bound by its previous factual determinations. USCIS will determine, in its sole discretion, the evidentiary value of previously or concurrently submitted evidence, including Form I-918, Supplement B, ``U Nonimmigrant Status Certification.''


    (5) Decision
After completing its de novo review of the petition and evidence, USCIS will issue a written decision approving or denying Form I-918 and notify the petitioner of this decision. USCIS will include in a decision approving Form I-918 a list of nongovernmental organizations to which the petitioner can refer regarding his or her options while in the United States and available resources.    
(i) Approval of Form I-918, generally. If USCIS determines that the petitioner has met the requirements for U-1 nonimmigrant status, USCIS will approve Form I-918. For a petitioner who is within the United States, USCIS also will concurrently grant U-1 nonimmigrant status, subject to the annual limitation as provided in paragraph (d) of this section. For a petitioner who is subject to an order of exclusion, deportation, or removal issued by the Secretary, the order will be deemed canceled by operation of law as of the date of USCIS' approval of Form I-918. A petitioner who is subject to an order of exclusion, deportation, or removal issued by an immigration judge or the Board may seek cancellation of such order by filing, with the immigration judge or the Board, a motion to reopen and terminate removal proceedings. ICE counsel may agree, as a matter of discretion, to join such a motion to overcome any applicable time and numerical limitations of 8 CFR 1003.2 and 1003.23.    

     (A) Notice of Approval of Form I-918 for U-1 petitioners within the United States. After USCIS approves Form I-918 for an alien who filed his or her petition from within the United States, USCIS will notify the alien of such approval on Form I-797, ``Notice of Action,'' and include Form I-94, ``Arrival-Departure Record,'' indicating U-1 nonimmigrant status.


    (B) Notice of Approval of Form I-918 for U-1 petitioners outside the United States. After USCIS approves Form I-918 for an alien who filed his or her petition from outside the United States, USCIS will notify the alien of such approval on Form I-797, ``Notice of Action,'' and will forward notice to the Department of State for delivery to the U.S. Embassy or Consulate having jurisdiction over the area in which the alien is located, or, for a visa exempt alien, to the appropriate port of entry.


    (ii) Denial of Form I-918. USCIS will provide written notification to the petitioner of the reasons for the denial. The petitioner may appeal a denial of Form I-918 to the Administrative Appeals Office (AAO) in accordance with the provisions of 8 CFR 103.3. For petitioners who appeal a denial of their Form I-918 to the AAO, the denial will not be deemed administratively final until the AAO issues a decision affirming the denial. Upon USCIS' final denial of a petition for a petitioner who was in removal proceedings that were terminated pursuant to 8 CFR 214.14(c)(1)(i), DHS may file a new Notice to Appear (see section 239 of the Act, 8 U.S.C. 1229) to place the individual in proceedings again. For petitioners who are subject to an order of removal, deportation, or exclusion and whose order has been stayed, USCIS' denial of the petition will result in the stay being lifted automatically as of the date the denial becomes administratively final.    

(6) Petitioners granted U interim relief. Petitioners who were granted U interim relief as defined in paragraph (a)(13) of this section and whose Form I-918 is approved will be accorded U-1 nonimmigrant status as of the date that a request for U interim relief was initially approved.


    (7) Employment authorization. An alien granted U-1 nonimmigrant status is employment authorized incident to status. USCIS automatically will issue an initial Employment Authorization Document (EAD) to such aliens who are in the United States. For principal aliens who applied from outside the United States, the initial EAD will not be issued until the petitioner has been admitted to the United States in U nonimmigrant status. After admission, the alien may receive an initial EAD, upon request and submission of a copy of his or her Form I-94, ``Arrival- Departure Record,'' to the USCIS office having jurisdiction over the adjudication of petitions for U nonimmigrant status. No additional fee is required. An alien granted U-1 nonimmigrant status seeking to renew his or her expiring EAD or replace an EAD that was lost, stolen, or destroyed, must file Form I-765 in accordance with the instructions to the form.


    (d) Annual cap on U-1 nonimmigrant status--(1) General. In accordance with section 214(p)(2) of the Act, 8 U.S.C. 1184(p)(2), the total number of aliens who may be issued a U-1 nonimmigrant visa or granted U-1 nonimmigrant status may not exceed 10,000 in any fiscal year.


    (2) Waiting list. All eligible petitioners who, due solely to the cap, are not granted U-1 nonimmigrant status must be placed on a waiting list and receive written notice of such placement. Priority on the waiting list will be determined by the date the petition was filed with the oldest petitions receiving the highest priority. In the next fiscal year, USCIS will issue a number to each petition on the waiting list, in the order of highest priority, providing the petitioner remains admissible and eligible for U nonimmigrant status. After U-1 nonimmigrant status has been issued to qualifying petitioners on the waiting list, any remaining U-1 nonimmigrant numbers for that fiscal year will be issued to new qualifying petitioners in the order that the petitions were properly filed. USCIS will grant deferred action or parole to U-1 petitioners and qualifying family members while the U-1 petitioners are on the waiting list. USCIS, in its discretion, may authorize employment for such petitioners and qualifying family members.


    (3) Unlawful presence. During the time a petitioner for U nonimmigrant status who was granted deferred action or parole is on the waiting list, no accrual of unlawful presence under section 212(a)(9)(B)  of the INA, 8 U.S.C. 1182(a)(9)(B), will result. However, a petitioner may be removed from the waiting list, and the deferred action or parole may be terminated at the discretion of USCIS.


    (e) Restrictions on use and disclosure of information relating to petitioners for U nonimmigrant classification--(1) General. The use or disclosure (other than to a sworn officer or employee of DHS, the Department of Justice, the Department of State, or a bureau or agency of any of those departments, for legitimate department,  bureau, or agency purposes) of any information relating to the beneficiary of a pending or approved petition for U nonimmigrant status is prohibited unless the disclosure is made:


    (i) By the Secretary of Homeland Security, at his discretion, in the same manner and circumstances as census information may be disclosed by the Secretary of Commerce under 13 U.S.C. 8;


    (ii) By the Secretary of Homeland Security, at his discretion, to law enforcement officials to be used solely for a legitimate law enforcement purpose;


    (iii) In conjunction with judicial review of a determination in a manner that protects the confidentiality of such information;


    (iv) After adult petitioners for U nonimmigrant status or U nonimmigrant status holders have provided written consent to waive the restrictions prohibiting the release of information;


    (v) To Federal, State, and local public and private agencies providing benefits, to be used solely in making determinations of eligibility for benefits pursuant to 8 U.S.C. 1641(c);


    (vi) After a petition for U nonimmigrant status has been denied in a final decision;


    (vii) To the chairmen and ranking members of the Committee on the Judiciary of the Senate or the Committee on the Judiciary of the House of Representatives, for the exercise of congressional oversight authority, provided the disclosure relates to information about a closed case and is made in a manner that protects the confidentiality of the information and omits personally identifying information (including locational information about individuals);


    (viii) With prior written consent from the petitioner or derivative family members, to nonprofit, nongovernmental victims' service providers for the sole purpose of assisting the victim in obtaining victim services from programs with expertise working with immigrant victims; or


    (ix) To federal prosecutors to comply with constitutional obligations to provide statements by witnesses and certain other documents to defendants in pending federal criminal proceedings.


    (2) Agencies receiving information under this section, whether governmental or non-governmental, are bound by the confidentiality provisions and other restrictions set out in 8 U.S.C. 1367.


    (3) Officials of the Department of Homeland Security are prohibited from making adverse determinations of admissibility or deportability based on information obtained solely from the perpetrator of substantial physical or mental abuse and the criminal activity.


    (f) Admission of qualifying family members
(1) Eligibility. An alien who has petitioned for or has been granted U-1 nonimmigrant status (i.e., principal alien) may petition for the admission of a qualifying family member in a U-2 (spouse), U-3 (child), U-4 (parent of a U-1 alien who is a child under 21 years of age), or U-5 (unmarried sibling under the age of 18) derivative status, if accompanying or following to join such principal alien. A qualifying family member who committed the qualifying criminal activity in a family violence or trafficking context which established the principal alien's eligibility for U nonimmigrant status shall not be granted U-2, U-3, U-4, or U-5 nonimmigrant status.


To be eligible for U-2, U-3, U-4, or U-5 nonimmigrant status, it must be demonstrated that:


    (i) The alien for whom U-2, U-3, U-4, or U-5 status is being sought is a qualifying family member, as defined in paragraph (a)(10) of this section; and


    (ii) The qualifying family member is admissible to the United States.


    (2) Filing procedures. A petitioner for U-1 nonimmigrant status may apply for derivative U nonimmigrant status on behalf of qualifying family members by submitting a Form I-918, Supplement A, ``Petition for Qualifying Family Member of U-1 Recipient,'' for each family member either at the same time the petition for U-1 nonimmigrant status is filed, or at a later date. An alien who has been granted U-1 nonimmigrant status may apply for derivative U nonimmigrant status on behalf of qualifying family members by submitting Form I-918, Supplement A for each family member. All Forms I-918, Supplement A must be accompanied by initial evidence and the required fees specified in the instructions to the form. Forms I-918, Supplement A that are not filed at the same time as Form I-918 but are filed at a later date must be accompanied by a copy of the Form I-918 that was filed by the principal petitioner or a copy of his or her Form I-94 demonstrating proof of U-1 nonimmigrant status, as applicable.


    (i) Qualifying family members in pending immigration proceedings.


The principal alien of a qualifying family member who is in removal proceedings under section 240 of the Act, 8 U.S.C. 1229a, or in exclusion or deportation proceedings initiated under former sections 236 or 242 of the Act, 8 U.S.C. 1226 and 1252 (as in effect prior to April 1, 1997), and who is seeking U nonimmigrant status, must file a Form I- 918, Supplement A directly with USCIS. ICE counsel may agree to file, at the request of the qualifying family member, a joint motion to terminate proceedings without prejudice with the immigration judge or Board of Immigration Appeals, whichever is appropriate, while the petition for U nonimmigrant  status is being adjudicated by USCIS.


    (ii) Qualifying family members with final orders of removal, deportation, or exclusion. An alien who is the subject of a final order of removal, deportation, or exclusion is not precluded from filing a petition for U-2, U-3, U-4, or U-5 nonimmigrant status directly with USCIS. The filing of a petition for U-2, U-3, U-4, or U-5 nonimmigrant status has no effect on ICE's authority to execute a final order, although the alien may file a request for a stay of removal pursuant to 8 CFR 241.6(a) and 8 CFR 1241.6(a). If the alien is in detention pending execution of the final order, the time during which a stay is in effect will extend the period of detention (under the standards of 8 CFR 241.4) reasonably necessary to bring about the alien's removal.


    (3) Initial evidence. Form I-918, Supplement A, must include the following initial evidence:


    (i) Evidence demonstrating the relationship of a qualifying family member, as provided in paragraph (f)(4) of this section;


    (ii) If the qualifying family member is inadmissible, Form I-192, ``Application for Advance Permission to Enter as a Non-Immigrant,'' in accordance with 8 CFR 212.17.


    (4) Relationship. Except as set forth in paragraphs (f)(4)(i) and (ii) of this section, the relationship between the U-1 principal alien and the qualifying family member must exist at the time Form I-918 was filed, and the relationship must continue to exist at the time Form I- 918, Supplement A is adjudicated, and at the time of the qualifying family member's subsequent admission to the United States.


    (i) If the U-1 principal alien proves that he or she has become the parent of a child after Form I-918 was filed, the child shall be eligible to accompany or follow to join the U-1 principal alien.


    (ii) If the principal alien was under 21 years of age at the time he or she filed Form I-918, and filed Form I-918, Supplement A for an unmarried sibling under the age of 18, USCIS will continue to consider such sibling as a qualifying family member for purposes of U nonimmigrant status even if the principal alien is no longer under 21 years of age at the time of adjudication, and even if the sibling is no longer under 18 years of age at the time of adjudication.


    (5) Biometric capture and evidentiary standards. The provisions for biometric capture and evidentiary standards in paragraphs (c)(3) and (c)(4) of this section also are applicable to petitions for qualifying family members.


    (6) Decision. USCIS will issue a written decision approving or denying Form I-918, Supplement A and send notice of this decision to the U-1 principal petitioner. USCIS will include in a decision approving Form I-918 a list of nongovernmental organizations to which the qualifying family member can refer regarding his or her options while in the United States and available resources. For a qualifying family member who is subject to an order of exclusion, deportation, or removal issued by the Secretary, the order will be deemed canceled by operation of law as of the date of USCIS' approval of Form I-918, Supplement A. A qualifying family member who is subject to an order of exclusion, deportation, or removal issued by an immigration judge or the Board may seek cancellation of such order by filing, with the immigration judge or the Board, a motion to reopen and terminate removal proceedings. ICE counsel may agree, as a matter of discretion, to join such a motion to overcome any applicable time and numerical limitations of 8 CFR 1003.2 and 1003.23.


    (i) Approvals for qualifying family members within the United States. When USCIS approves a Form I-918, Supplement A for a qualifying family member who is within the United States, it will concurrently grant that alien U-2, U-3, U-4, or U-5 nonimmigrant status. USCIS will notify the principal of such approval on Form I-797, ``Notice of Action,'' with Form I-94, ``Arrival-Departure Record,'' indicating U-2, U-3, U-4, or U-5 nonimmigrant status. Aliens who were previously granted U interim relief as defined in paragraph (a)(13) of this section will be accorded U nonimmigrant status as of the date that the request for U interim relief was approved. Aliens who are granted U-2, U-3, U-4, or U- 5 nonimmigrant status are not subject to an annual numerical limit. USCIS may not approve Form I-918, Supplement A unless it has approved the principal alien's Form I-918.


    (ii) Approvals for qualifying family members outside the United States. When USCIS approves Form I-918, Supplement A for a qualifying family member who is outside the United States, USCIS will notify the principal alien of such approval on Form I-797. USCIS will forward the approved Form I-918, Supplement A to the Department of State for delivery to the U.S. Embassy or Consulate having jurisdiction over the area in which the qualifying family member is located, or, for a visa exempt alien, to the appropriate port of entry.


    (iii) Denial of the Form I-918, Supplement A. In accordance with 8 CFR 103.3(a)(1), USCIS will provide written notification of the reasons for the denial. The principal alien may appeal the denial of Form I-918, Supplement A to the Administrative Appeals Office in accordance with the provisions of 8 CFR 103.3. Upon USCIS' final denial of Form I-918, Supplement A for a qualifying family member who was in removal proceedings that were terminated pursuant to 8 CFR 214.14(f)(2)(i), DHS may file a new Notice to Appear (see section 239 of the INA, 8 U.S.C. 1229) to place the individual in proceedings again. For qualifying family members who are subject to an order of removal, deportation, or exclusion and whose order has been stayed, USCIS' denial of the petition will result in the stay being lifted automatically as of the date the denial becomes administratively final.


    (7) Employment authorization. An alien granted U-2, U-3, U-4, or U-5 nonimmigrant status is employment authorized incident to status. To obtain an Employment Authorization Document (EAD), such alien must file Form I-765, ``Application for Employment Authorization,'' with the appropriate fee or a request for a fee waiver, in accordance with the instructions to the form. For qualifying family members within the United States, the Form I-765 may be filed concurrently with Form I-918,  Supplement A, or at any time thereafter. For qualifying family members who are outside the United States, Form I-765 only may be filed after admission to the United States in U nonimmigrant status.


    (g) Duration of U nonimmigrant status


(1) In general. Unonimmigrant status may be approved for a period not to exceed 4 years in the aggregate. A qualifying family member granted U-2, U-3, U-4, and U-5 nonimmigrant status will be approved for an initial period that does not exceed the expiration date of the initial period approved for the principal alien.


    (2) Extension of status. (i) Where a U nonimmigrant's approved period of stay on Form I-94 is less than 4 years, he or she may file Form I-539, ``Application to Extend/Change Nonimmigrant Status,'' to request an extension of U nonimmigrant status for an aggregate period not to exceed 4 years. USCIS may approve an extension of status for a qualifying family member beyond the date when the U-1 nonimmigrant's status expires when the qualifying family member is unable to enter the United States timely due to delays in consular processing, and an extension of status is necessary to ensure that the qualifying family member is able to attain at least 3 years in nonimmigrant status for purposes of adjusting status under section 245(m) of the Act, 8 U.S.C. 1255.


    (ii) Extensions of U nonimmigrant status beyond the 4-year period are available upon attestation by the certifying official that the alien's presence in the United States continues to be necessary to assist in the investigation or prosecution of qualifying criminal activity. In order to obtain an extension of U nonimmigrant status based upon such an attestation, the alien must file Form I-539 and a newly executed Form I-918, Supplement B in accordance with the instructions to Form I-539.


    (h) Revocation of approved petitions for U nonimmigrant status--


(1) Automatic revocation. An approved petition for U-1 nonimmigrant status will be revoked automatically if, pursuant to 8 CFR 214.14(d)(1), the beneficiary of the approved petition notifies the USCIS office that approved the petition that he or she will not apply for admission to the United States and, therefore, the petition will not be used.


    (2) Revocation on notice. (i) USCIS may revoke an approved petition for U nonimmigrant status following a notice of intent to revoke. USCIS may revoke an approved petition for U nonimmigrant status based on one or more of the following reasons:


    (A) The certifying official withdraws the U nonimmigrant status certification referred to in 8 CFR 214.14(c)(2)(i) or disavows the contents in writing;


    (B) Approval of the petition was in error;


    (C) Where there was fraud in the petition;


    (D) In the case of a U-2, U-3, U-4, or U-5 nonimmigrant, the  relationship to the principal petitioner has terminated; or


    (E) In the case of a U-2, U-3, U-4, or U-5 nonimmigrant, the principal U-1's nonimmigrant status is revoked.


    (ii) The notice of intent to revoke must be in writing and contain a statement of the grounds for the revocation and the time period allowed for the U nonimmigrant's rebuttal. The alien may submit evidence in rebuttal within 30 days of the date of the notice. USCIS shall consider all relevant evidence presented in deciding whether to revoke the approved petition for U nonimmigrant status. The determination of what is relevant evidence and the weight to be given to that evidence will be within the sole discretion of USCIS. If USCIS revokes approval of a petition and thereby terminates U nonimmigrant status, USCIS will provide the alien with a written notice of revocation that explains the specific reasons for the revocation.


    (3) Appeal of a revocation of approval. A revocation on notice may be appealed to the Administrative Appeals Office in accordance with 8 CFR 103.3 within 30 days after the date of the notice of revocation.Automatic revocations may not be appealed.


    (4) Effects of revocation of approval. Revocation of a principal alien's approved Form I-918 will result in termination of status for the principal alien, as well as in the denial of any pending Form I-918, Supplement A filed for qualifying family members seeking U-2, U-3, U-4, or U-5 nonimmigrant status. Revocation of a qualifying family member's approved Form I-918, Supplement A will result in termination of status for the qualifying family member. Revocation of an approved Form I-918 or Form I-918, Supplement A also revokes any waiver of inadmissibility granted in conjunction with such petition.


    (i) Removal proceedings. Nothing in this section prohibits USCIS from instituting removal proceedings under section 240 of the Act, 8 U.S.C. 1229(a), for conduct committed after admission, for conduct or a condition that was not disclosed to USCIS prior to the granting of U nonimmigrant status, for misrepresentations of material facts in Form I-918 or Form I-918, Supplement A and supporting documentation, or after revocation of U nonimmigrant status.


 
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).
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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: