• An alien in and admitted to the United States subject to any grounds of removal specified in the Immigration and Nationality Act. This includes any alien illegally in the United States, regardless of whether the alien entered the country by fraud or misrepresentation or entered legally but subsequently violated the terms of his or her nonimmigrant classification or status.

• The formal removal of an alien from the United States when the alien has been found removable for violating the immigration laws. Deportation is ordered by an immigration judge without any punishment being imposed or contemplated. Prior to April 1997 deportation and exclusion were separate removal procedures. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 consolidated these procedures. After April 1, 1997, aliens in and admitted to the United States may be subject to removal based on deportability. Now called Removal, this function is managed by U.S. Immigration and Customs Enforcement. For acts subject to deportation, click http://www.hooyou.com/badacts/sub2deportation.html.

• Derivative beneficiary is the dependent of the principal beneficiary. For more information about petitioner and beneficiary in immigration petitions, please click http://www.hooyou.com/ip/index.html.For more information about petitioner and beneficiary in H-1B petition, please click http://www.hooyou.com/h-1b/index.html.

• Citizenship conveyed to children through the naturalization of parents or, under certain circumstances, to foreign-born children adopted by U.S. citizen parents, provided certain conditions are met.

Designated State Health Agency Request

• Certain classes of J-1 "Exchange Visitor" require that the alien return to his/her home country or country of last permanent residency for a period of two (2) years after completion of the J-1 status. However, a designated State Health Agency or its equivalent may request a waiver on behalf of medical doctors who have been offered a full-time job with a health care facility serving an area with a shortage of medical professionals. In order to qualify for the waiver, the person must agree in writing to work at the facility for forty hours per week, for a minimum of three years and must begin work at the health care facility within ninety days of the approval of the waiver. For more information about J-1 Waiver, please click http://www.hooyou.com/j-1/j1_waiver.html.

DHS

• DHS stands for Department of Homeland Security, a federal agency created by the National Strategy for Homeland Security and the Homeland Security Act of 2002. The U.S. Citizenship and Immigration Services (USCIS), previously known as Immigration and Naturalization Services (INS), is now within the Department of Homeland Security (DHS). For more information of DHS, please click http://www.dhs.gov/.

Diversity Visa

• Also known as visa lottery. By way of a lottery, the State Department annually makes a total of 50,000 immigrant visas available to aliens who come from countries with low rates of immigration to the United States. Every year, the NationalVisaCenter holds this lottery and chooses winners randomly from all qualified applicants. If an alien is selected from the random draw, s/he will have an opportunity to apply for permanent residence either through consular processing or adjustment of status. For details of visa lottery, please click http://www.hooyou.com/visa_lottery/index.html.

 Divorce

• A divorce is a legal termination of a marriage. For immigration law purposes, whether a termination of a marriage is deemed legal, and as a result effective, depends on the law of the state or country where the divorce took place. Generally speaking, if the state law recognizes an action to terminate a marriage as a divorce, a marriage no longer exists between the affected parties for immigration law purposes.For the most part, physical or legal separation (i.e., a separation formalized by a court) of married parties does not constitute a legal termination of a marriage. This is the case even in circumstances where each party of the marriage has no intention of residing with each other again. However, in some instances, a legal separation may be considered a legal termination of a marriage for immigration law purposes. This occurs when the law of a state or country converts legal separations automatically into divorces after a period of time. For details of divorce under immigration law, please click http://www.hooyou.com/divorce/validity.html.

• DOL stands for Department of Labor. As a government agency, Department of Labor actively involves in H-1B, Labor Certification and RIR processing. For more information about DOL, please click http://www.dol.gov/.

• DOS stands for the Department of State, which is the lead federal agency responsible for U.S. foreign affairs, including issuing visas through its consulates located in foreign countries. For more information about DOS, please click http://www.state.gov/aboutstate/.

• Formerly known as IAP-66, is a document issued by the U.S. Department of State to foreign exchange visitors. If the alien is physically outside the U.S., he/she need take the SEVIS Form DS-3036 to the appropriate U.S. Embassy or Consulate with jurisdiction over his/her place of permanent residence to apply for an exchange visitor’s visa (J-1 visa). When the alien is already in the U.S. in another non-immigrant status, he may change his nonimmigrant status to J-1 status by submitting the SEVIS Form DS-3036 and other required documents to the USCIS service center that has jurisdiction over his/her application. For details of J visa and status, please click http://www.hooyou.com/j-1/j1_j2_visa_faq.html.

Duration of Status (D/S)

• In contrast to most other non-immigrants who receive a specific period of time to remain in the U.S. indicated on his/her I-94 card, an alien who obtains F-1 or J-1 status is allowed to remain in the U.S. for the duration of status. Duration of status for F-1 students is defined as the period of study as indicated on the I-20 plus any authorized post-completion practical training period as indicated on the employment authorization card, plus a 60-day grace period. For J-1 visitors, it is the duration of the program as indicated on the DS-2019 form (previously IAP-66), plus a 30-day grace period. For more informational about D/S for F-1 students, please click http://www.hooyou.com/f-1/duration.html. For more informational about D/S for J-1 visitors, please click http://www.hooyou.com/j-1/j1_j2_visa_faq.html.

• E-1 visa is designed for alien business owners, business managers, and employees who are required to stay in the United States for prolonged periods of time to oversee or work for an enterprise that is engaged in trade between the U.S. and a foreign country. For more information about E-1, please click http://www.hooyou.com/e1e2/requirement.html.

• An E-2 Treaty Investor visa is available to an alien who is a citizen or national of a treaty country and who wishes to enter the United States solely to develop and direct the operation of an enterprise in which he or she has invested or is in the process of investing a substantial amount of capital. If the applicant is not the principal investor, he or she must be employed in a supervisory, executive, or highly specialized capacity. Ordinary skilled and unskilled workers do not qualify. For more information about E-2 application, please click http://www.hooyou.com/e2/description.html.

• Employment Authorization Document (EAD) is a document that authorizes an alien to work in the U.S. for a period of time, usually one year. Also, it is called a work permit. Moreover, it is in the form of a card, with the alien's name, photo, date of birth, country of citizenship, and expiration date. With an EAD, an alien may legally work in the United States for any employer. However, an alien may also be authorized to work for a specific employer without an EAD. For example, a valid status, like H-1B, L-1, or O-1, authorizes the alien to work for a specific employer. There is no EAD card for such work authorization. For more information about EAD, please click http://www.hooyou.com/ead/index.html.

• An employment-based First Preference Immigration Petition (EB-1) is reserved for those who are among the most able and accomplished in their respective fields within the arts, sciences, education, business, or sports. There are three (3) types of EB-1 petitions: a) Alien of Extraordinary Ability EB-1(a); b) Outstanding Researcher/Outstanding Professor EB-1(b); c) Managers and Executive Transferees EB-1(c). For details of Eb-1 petitions, please click http://www.hooyou.com/eb-1/index.html.

• An Alien of Extraordinary Ability or EB-1(a) classification applies to aliens who can demonstrate that they "have risen to the very top of their field of endeavor." To establish that he/she is a top member within his/her respective field, evidence of receipt of an internationally recognized award such as the Nobel Prize or Academy Award is accepted. In the absence of an internationally recognized award, one can establish him/herself as an Alien of Extraordinary Ability by providing documentation of any three (3) of the following: a) Receipt of lesser nationally or internationally recognized prizes or awards for excellence; b) Membership in associations which require outstanding achievements of their members, as judged by recognized national or international experts in their fields; c) Published material in professional/major trade publications or major media about the alien and relating to the alien's work field; d) Participation as a judge (individually or as a part of a panel) evaluating the work of others; e) Original scientific, scholarly, or artistic contributions of major significance; f) Authorship of scholarly article in professional journals or other major media; g) Artistic exhibitions/shows; h) Leading role within an organization/establishment with a distinguished reputation; I) High salary/compensation for services in comparison to others; j) Commercial success within the performing arts, as shown by either box office receipt figures or cassette, compact disk, video, or DVD sales figures. The alien must also show that the alien's admittance into the United States will substantially benefit the United States in the future.For details of EB-1(a) petition, please click http://www.hooyou.com/eb-1/requirementaea.html.

• An "Outstanding Researcher or Professor" EB-1(b) petition is for those who are internationally recognized as outstanding in a particular scientific or scholarly field. There are three (3) main requirements for someone seeking a petition as an "Outstanding Researcher/Professor", including: a) International recognition as being outstanding in a specific academic field; b) At least three years of relevant research or teaching experience: Research or teaching experience obtained while in pursuit of an advanced degree, such as a Ph.D., can be counted toward the three year requirement, but only if the alien has acquired the degree, and if the teaching duties were such that he or she had full responsibility for the class taught or if the research conducted toward the degree has been recognized within the academic field as outstanding.The alien must document his/her work history with letters from current and/or former employers describing work duties and years of employment; and c) A job offer for a permanent research position or a tenured or tenure-track teaching position: Generally, the job offer is given by a university or other similar academic or scientific institution, but it can also be offered by a private employer. If the offer is from a private employer, the employer must have at least three full-time researchers along with accompanying documentation supporting their accomplishments within the field. For details of Eb-1(b) petition, please click http://www.hooyou.com/eb-1/requirementor.html.

• The Multinational Managerial or Executive EB-1(c) petition allows international companies to transfer top-level executives and managers to the U.S. as permanent residents.The following requirements must be satisfied: a) The candidate must have been employed for one year within the past three years by either the oversees affiliate, parent, subsidiary or branch of the U.S. employer and he/she must work in the United States in a managerial or executive capacity; b) The company must conduct business within the United States and another country in the regular, systematic, and continuous provision of goods or services; and c) The company must have been in existence in the United States for at least one year.For details of EB-1(c) petition, please click http://www.hooyou.com/eb-1/requirementmet.html.

• A Second Preference Immigration Petition (EB-2) is an employment-based petition for permanent residence reserved for members of the professions holding advanced degree or aliens of exceptional ability. Applicants must have a job offer and labor certification. However, USCIS may waive the job offer and labor certification requirements if it is in the national interest to do so. For more information about EB-2 petitions, please click http://www.hooyou.com/employmentbased/index.html. For more information about national interest waiver, please click http://www.hooyou.com/niw/index.html.

• A Third Preference Immigration Petition (EB-3) is an employment-based petition for permanent residence reserved for skilled workers, professionals and other workers including foreign nationals with less than two years of training and work experience. All applicants in EB-3 category must have a job offer and labor certification. For more information about EB-3 petitions, please click http://www.hooyou.com/employmentbased/index.html. For information about labor certification, please click http://www.hooyou.com/lc/index.html.

• A Fourth Preference Immigration Petition (EB-4) is an employment-based petition for permanent residence reserved for special Immigrants. Among the types of individuals who qualify under this preference are: a) Religious workers coming to carry on the vocation of a minister of religion, or to work in a professional capacity in a religious vocation, or to work for a tax-exempt organization affiliated with a religious denomination; b) Certain overseas employees of the U.S. Government; c) Former employees of the Panama Canal Company; d) Retired employees of international organizations; e) Certain dependents of international organization employees; and f) Certain members of the U.S. Armed Forces.For more information about EB-4 petitions, please click http://www.hooyou.com/employmentbased/index.html.

• A Fifth Preference Immigration Petition (EB-5) is an employment-based petition for permanent residence reserved for employment creation investors. To qualify, an alien must invest between U.S. $500,000 and $1,000,000, depending on the employment rate in the geographical area, in a commercial enterprise in the United States which creates at least 10 new full-time jobs for U.S. citizens, permanent resident aliens, or other lawful immigrants, not including the investor and his or her family. For more information about EB-5 petition, please click
  http://www.hooyou.com/eb-5/index.htm.

• Under the 1986 Immigration Reform and Control Act (IRCA), penalties will be imposed on employers who knowingly employ, continue to employ, or refer for a fee, aliens who are unauthorized to work in the U.S. To avoid sanctions, the employer must comply with employment verification procedures by completing USCIS Form I-9. For details of employer sanction, please click http://www.hooyou.com/hr/employer_compliance.html.

• Employment-based immigration petition include all petitions of permanent residency based on an alien’s employment in the U.S. The Immigration and Nationality Act provides 140,000 employment-based immigrant visas yearly. These available visas are divided among five preference categories. Most employment-based permanent residence petitions require submission of a USCIS form I-140 by the petitioning employer. However, for the categories of EB-1A (Alien of Extraordinary Ability) and Eb2 National Interest Waiver, a sponsoring employer is not required. For details of the five preference categories of employment-based immigration petitions, please click http://www.hooyou.com/employmentbased/index.html.

Employment Verification

• The Immigration Reform and Control Act of 1986 (IRCA) mandates employers to verify the identity and eligibility for employment of all employees by completing the I-9 form within 3 days of their employment.For details of employment verification, please click http://www.hooyou.com/hr/employer_compliance.html.

• An alien coming temporarily to the United States as a participant in a program approved by the Secretary of State for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, or receiving training.

• Prior to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, exclusion was the formal term for denial of an alien’s entry into the United States. The decision to exclude an alien was made by an immigration judge after an exclusion hearing. Since April 1, 1997, the process of adjudicating inadmissibility may take place in either an expedited removal process or in removal proceedings before an immigration judge. . For relief from removal, click http://www.hooyou.com/asylum/index.html.

Exemption of Two-year Residence and Legal Custody

• Orphan adoptions are exempt from the two-year residence and legal custody requirement for immigration. However, such adoptions must comply with local state adoption rules. For more information of Exemption of Two-year Residence and Legal Custody of Orphan Adoption, please click http://www.hooyou.com/adoption/fbo.html.

Existence of Marriage

• To confer and enjoy immigration benefits, two parties of a valid marriage shall keep the marriage in existence. Existence of a marriage does not require that the couple live together or share a household. The bottom line is that this couple must not have legally terminated the marriage. However, in the state where a legal separation may be deemed as a divorce, it is likely that the marriage no longer exists.For more information about marriage and immigration, please click http://www.hooyou.com/marriage/index.html.

• An alien staying in the U.S. with non-immigrant status (B, F, H, J, K, L, M, O, P, Q, etc) may apply for extension of status before his/her current legal status expires. For information about extension of status in F, please click http://www.hooyou.com/f-1/extension.html. For information about extension of status in H, please click http://www.hooyou.com/h-1b/index.html. For information about extension of J status, please click http://www.hooyou.com/j-1/j1_extension.html. For information about extension of O status, please click http://www.hooyou.com/o-1/duration.html

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