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International Employment

Glossary of Immigration Terms

Academic Calendar Year: 9-month period during which the regular spring and fall semester classes are held. The exact dates vary from year to year.
Adjudication: The USCIS procedure of considering and processing applications and petitions.
Adjustment of Status Application, 1-485: USCIS application forms comprising the I-485s and supporting applications and documentation to change status from a nonimmigrant to a Permanent Resident.
Advance Parole: A permit allowing an alien with a pending change of status or permanent residency application to travel out of the country and return. It is filed using form I-131. An individual with a pending permanent residency application who maintains a valid H-1B status does not need advance parole to travel.
Alien: Anyone who is not a US citizen or national
Application: A form and supporting documentation that is filed by an individual in his own behalf For an exception, see Self-Sponsored Petition.
Approval Notice: A Notice of Action bearing Good News.
B1/B2: A visa for short-term visitors who are coming to the United States usually for duration of 3 months or less. One may not legally work in the United States on this visa; however, honorariums may be approved.
Beneficiary: The person or persons who have had an application filed on their behalf.
Bureau of Customs and Border Protection (CBP): The agency now charged with enforcing the US borders and responsible for inspecting all admissions to the United States
Change of Address: All non-immigrant and immigrant aliens are required to inform the USCIS of any address change within 10 days
Denial: An exhaustive document in which the USCIS says "no"
Department of Labor (DOL): The Executive Branch Department with jurisdiction over working conditions. For our purposes, DOL generates the Labor Condition Application (LCA) and the Labor Certification
Department of State; also State Department, DOS, "State": The Executive Branch Department with jurisdiction over non-domestic issues
Dependent: The spouse or children of a principal
Department of Homeland Security (DHS): The umbrella agency for the USCIS and the CBP
Diversity Visa Also commonly known as the visa lottery.: Each fall 50,000 visas are given away in a lottery. The visas are allotted to individuals based on country of origin. Some countries are ineligible.
Employment Authorization Document (EAD): Employment Authorization Document; a card issued by USCIS to certain applicants who have requested work authorization. In size and format, it resembles a driver's license.
Employment Security Commission (ESC): For our purposes, provides a "prevailing wage" for the H-1B and permanent cases
Employment-based Petition: Any form and supporting documentation that is filed on behalf of an individual ("beneficiary") who will benefit from an affirmative decision. Submitted to the BCIS for the agency's adjudication. For an exception, see Self-Sponsored Petition
Entry Visa: Entry visas are the labels that State Department personnel apply to the page of a passport. They represent the State Department's belief that the person is eligible to enter the US to pursue a particular activity. There is a nonimmigrant classification defined by an entry visa to comprehend many activities. Entry visas may have a limited validity, depending upon the holder's country of citizenship. Citizens of Canada, Canadian landed immigrants with a Commonwealth nationality and residents of some British territories (principally Bermuda) are (largely) exempt from the entry visa requirement. An expired entry visa does not affect a holder's ability to remain in the US; only the I-94 card does. This is because the entry visa is only an authorization for an individual to present him or herself to an USCIS officer at a port of entry (such as an airport) for consideration of admission. The USCIS determines how long an individual may remain in the US. An expired entry visa means that the holder must get a new one before trying to come back in to the US again in the status indicated on the visa label. There are some exceptions to this, probably best explained by a referral to the web site or the International Employment office. See also Visa.
Extension of Stay: The process of extending the validity of an alien's authorized stay in the United States. A form I-129 is used for the primary beneficiary. Form I-539 is used for all dependents of the primary beneficiary.
Fiscal Year: For USCIS purposes, the US government fiscal year that begins on October 1 and ends on September 30. See also Academic, Calendar Year.
Green Card: The document issued by USCIS to permanent residents as evidence of their status. It is not green; it resembles a driver's license in size and format. Permanent Residents are authorized to work without further proof other than a Social Security Card.
H-1B: The non-immigrant employment visa most commonly used for the temporary employment of professionals and professors. It is valid for a total of 6 years. Dependents may not have work authorization.
I-9: The employment verification form. It is required of all employees regardless of citizenship.
I-129: Form on which employers submit a variety of employment-based petitions to the USCIS. It is most commonly used by the University in connection with H-1B temporary worker petitions and O1 temporary workers who are international renown. I-130 USCIS form on which individuals petition the BCIS to allow their relatives to become permanent residents.
I-140: USCIS form on which employment-based petitions are filed. This is the main conduit to allow the beneficiaries of the I-140 to obtain Permanent Residency.
I-485: Application to Register Permanent Residence or Adjust Status is submitted by the individual wishing to obtain permanent resident status (the "applicant). It is generally filed with supporting evidence, and may be filed in conjunction with several other applications or petitions.
I-539: An USCIS form on which an applicant can request an extension of his or her nonimmigrant stay. The form is used for dependents needing to change or extend their status in concert with a principal who is also either changing or extending non-immigrant status.
I-551: BCIS form number for the Green Card. A Permanent Resident applicant may receive an I-551 stamp after a Permanent Residency interview or on entry to the United States as evidence of their Permanent Residency status until they receive the actual card.
I-797: The form number USCIS assigned to its "Notice of Action." Varies slightly depending upon the type of Action taken, and can include a new I-94 card if generated in response to an extension of stay or change of status.
I-94: A 3 x 4 inch white card usually stapled into an individual's passport when s/he is admitted to the US by the BCIS. BCIS inspectors must enter the classification in which the individual is admitted, and the date to which s/he may remain in the US, or D/S (duration of status) in the case of F-1 or J-1 non-immigrants. Also frequently takes the form of a tear-off portion of the bottom of an I-797 Notice of Action when USCIS grants an extension of stay or change of status. I-94s are normally returned to BCIS on exit from the country unless one is going to contiguous territories (Canada or Mexico) or Caribbean islands, excluding Cuba, for less than 30 days.
Immigrant: See Permanent Resident.
INFO-Pass: The online process to obtain an appointment at a USCIS local office to inquire about the status of a case or request an interview.
Immigration and Naturalization Service (INS) (former): Immigrant and Naturalization Service is now known generally as USCIS. Formerly an arm of the Justice Department with primary responsibility for the admission and control of aliens. See USCIS.
International Employment Group (IE): The IE group resides in Human Resources at NC State as a resource to assist the University obtain employment based non-immigrant and immigrant visas for current or potential employees. The OISS office provides services for students and scholars.
Labor Certification: The first step in most employment-based permanent residency applications. It is filed with the US Department of Labor to show that NC State adequately tested the labor market through competitive recruitment.
Labor Condition Application (LCA): Labor Condition Application submitted by NC State to the US Department of Labor for the purpose of NC State's going on the record as paying a particular wage to a particular H-1B employee or group of employees.
Naturalization: The process to become a US Citizen. Usually one must be a Permanent Resident for 5 years to be eligible.
Nonimmigrant: An alien who has been admitted by the USCIS for a specific purpose for a definite period of time.
Notice of Action: Issued by the USCIS after that agency's adjudication of a petition or application. Also issued as a receipt for fees tendered. See I-797.
Office for International Students and Scholars (OISS) at NC State.: The office is responsible for obtaining and monitoring non-immigrant visas for students and scholars.
Permanent Residence: An alien the INS/USCIS has given the right to remain in the US permanently. Also known as immigrant.
Petitioner: Usually the employer who petitions for the beneficiary. The petitioner is the one who "opens the door" for the beneficiary.
Portability: The process of moving from one employer to another whereby the new employer must file a new petition. It is most often used to transfer an H-1B nonimmigrant from one institution to another.
Prevailing Wage: The wage provided by ESC after we submit a Prevailing Wage Determination Request. This is a benchmark wage the University cannot undercut for H-1B application purposes.
Principal: As opposed to dependent, the primary person holding a nonimmigrant classification. H-1B, for example, is a principal classification; H-4 is the dependent. Dependents cannot hold their classification independently of the principal. Dependents are not defined to include parents, cousins, siblings, etc.
Receipt Notice: A Notice of Action evidencing BCIS' receipt of fees tendered. Also bears "SRC" number. See I-797.
Self-Sponsored Petition: An Employment-Based Petition filed by an individual in his or her own behalf. In this case, the petitioner is the beneficiary. Used only for Extraordinary aliens or for petitions filed in the national Interest of the US. Used only in rare circumstances.
SRC: Number used to identify an applicant or petitioner's place in the BCIS fee receipt and case tracking system. SRC is the acronymic artifact of the Texas Service Center. The alphanumeric identifier is ten (10) digits in the format SRC-NN-NN-NNNNN. The first two (2) digits are the current fiscal year, the second three (3) are the sequentially numbered working day of the fiscal year (known as the Julian date) on which the case was originally receipted, and the final five (5) digits are a serial number (which always begins with 5). There are three (3) other BCIS Regional Service Centers, in Lincoln, NE (LIN); St. Albans, VT (EAC); and Western Adjudication Center (WAC).
Status: The nonimmigrant classification granted by the USCIS to an individual who has presented him or herself to the BCIS at a port of entry, or who has subsequently requested a change of status, say, by asking and employer like NC State to submit an I-129 for a change to H-1B. See also Visa.
TN Visa: A special visa limited to Canadian and Mexican nationals who are coming to the US to work in a skilled position normally requiring a bachelor's degree. One must have an employment offer, and the visa is only valid in one-year increments.
Transfer: Nomenclature associated with the J-1 exchange program. There are procedures for transferring J-1 exchange visitors from the sponsorship of one institution to another. Employment-based non-immigrants such as H-1B and O-1 cannot transfer between institutions. A move like this requires that the "receiving" institution file a new petition. See Portability.
Two-Year Rule: Also known as the two-year-residence requirement, this is a restriction applied to certain J-1 exchange visitors who meet conditions defined by the State Department. The conditions have to do with funding, country of origin, or type of activity undertaken while in J-1 status, and the restriction prevents these visitors from changing status within the US. It also prevents them from securing entry visas in the H-1B, L-1 or immigrant categories.
US Citizenship and Immigration Services (USCIS) formerly INS): Newly created bureau under the Department of Homeland Security. Replaced INS on 3/1/2003.
Visa: A term used almost always incorrectly. Correctly, a security-printed label or "foil" applied by the State Department to the page of a passport belonging to someone who wishes to enter the US for a particular purpose identified by an alphanumeric code (e.g. H-1B). We use the term "entry visa" to distinguish this item from the conventional usage, which (incorrectly, now) refers to almost anything the speaker wants it to mean. This can include the I-797, Notice of Action/Approval, an I-94 card or the status an individual claims for him/herself, rightly or wrongly. See also Entry Visa.