Immigration Glossary

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

J-1

  • A J-1 Visa is issued for an Exchange Visitor who is participating in an established J Exchange program pre-approved by the State Department (formerly pre-approved by USIA). Exchange Visitors under J-1 visas include secondary school and college students, business trainees, trainees in flight aviation programs, primary and secondary school teachers, college professors, research scholars, medical residents or interns receiving medical training in the U.S., certain specialists, international visitors, and Government visitors. For more details of J visa and status, please click http://www.hooyou.com/j-1/j1_j2_visa_faq.html.

J-1 Waiver

  • 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 if: 1) the J-1 program is financed by the U.S. government or the government of the alien’s home country; 2) the home country of the alien has a short supply of people with skills that the alien has; or 3) the alien receives medical training as interns or residents. The foreign residency requirement may be waived based on several bases. For details of J-1 Waiver, please click http://www.hooyou.com/j-1/j1_waiver.html.

J-1 Waiver Based on Exceptional Hardship

  • 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, if the J-1 holder can show that complying with the Foreign Residency Requirements imposes exceptional hardship on the alien's spouse or child, and the spouse or child is a U.S. citizen or permanent U.S. resident, the Foreign Residency Requirement may be waived. For more information about J-1 Waiver, please click http://www.hooyou.com/j-1/j1_waiver.html.

J-1 Waiver Based on Threat of Persecution

  • 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, if an alien subject to the foreign residency requirement can establish that he/she will suffer persecution upon return to the home country, the foreign residency requirement will be waived. The threat of persecution needs to be based on one of the three grounds: race, religion, or political Opinion. For more information about J-1 Waiver, please click http://www.hooyou.com/j-1/j1_waiver.html.

J-2

  • J-2 is a nonimmigrant dependent visa or status given to J-1 exchange visitor’s spouse or minor children. Aliens in J-2 status may be employed under the authorization of USCIS. For more information about J-2 visa and status, please click http://www.hooyou.com/j-1/j1_j2_visa_faq.html.

K Visa

  • K visas are issued to two groups of people: 1) U.S. citizens' fiancés who are outside the U.S. (issued K-1 visas), and 2) U.S. citizens' spouses who are outside the U.S. (issued K-3 visas). The minor children of such fiancés or spouses who will accompany them to enter into the U.S. may apply for a "K-2" or "K-4" visa respectively. For details of K visas and status, please click http://www.hooyou.com/k-1/index.html.

Labor Certification

  • A Labor Certificate is a pre-requisite for a U.S. employer to file an immigration petition for the alien employee based on EB-2 and EB-3 categories except in the case of national interest waiver. In other words, it is the first step before filing most EB-2 or EB-3 petitions. In Labor Certification process, the U.S. sponsoring employer is the petitioner and the prospective alien employee is the beneficiary. Since the Labor Certification is filed on the basis of prospective employment, it does not matter whether the alien works for the sponsoring employer during the application or after it is approved. Meanwhile, the sponsoring employer does not necessarily need to keep the alien’s employment. However, the foreign employee has to work for a reasonable period of time for the sponsoring employer after receiving permanent residency. For details of Labor Certification, please click http://www.hooyou.com/lc/index.html.

L-1

  • L-1 is a nonimmigrant visa or status specifically designed to facilitate the needs of intra-company transfers by multi-national companies. However, smaller and even starting up companies can also take advantage of the L visa for its business needs as long as the requirements are met. USCIS (the agency that was once known as the INS) will scrutinize L visa petitions filed by a less well-known company more closely. For more information about L-1 visa or status, please click http://www.hooyou.com/L-visa/index.html.

L-1(a)

  • L-1(a) visa was designed for intra-company executive transferees to come and work in the United States. The L-1(a) visa holders must have been employed in an executive or managerial capacity with the foreign company in an overseas location for at least one continuous year out of the past three years. Additionally, the U.S. company and the foreign company must be related in a specific manner, such as by having a parent/subsidiary relationship or by being the same or an affiliate employer. In addition, the L-1(a) holder must be coming to the U.S. to work for the U.S. company in an executive or managerial capacity.For more information about L-1(a) visa or status, please click http://www.hooyou.com/L-visa/index.html.

L-1(b)

  • L-1(b) category covers specialized knowledge personnel. An example of a specialized knowledge personnel would be an individual who possesses proprietary knowledge about a company's product and who travels to the U.S. to impart his or her specialized knowledge to new U.S. employees. For more information about L-1(b) visa or status, please click http://www.hooyou.com/L-visa/index.html.

L-2

  • L-2 category was designed for the family members of the L-1 alien. L-2 aliens may be granted authorization to work in the United States after filing for and being granted an Employment Authorization Document (EAD). For more information about L visas and status, please click http://www.hooyou.com/L-visa/Benefit_of_L_visa.html

Lawful Permanent Resident (LPR)

  • Any person not a citizen of the United States who is residing the in the U.S. under legally recognized and lawfully recorded permanent residence as an immigrant. Also known as "Permanent Resident Alien," "Resident Alien Permit Holder," and "Green Card Holder." For ways to become a LPR, please click http://www.hooyou.com/roadtogreencard/index.html.

LCA

  • LCA stands for Labor Condition Application, which is filed with the US Department of Labor as part of H-1B petitions. Basically, an LCA is a document that contains a series of attestations including, among others, an agreement to pay H-1B employees at least the "prevailing wage" for the offered position. For more information about LCA and the H-1B petition process, please click http://www.hooyou.com/h-1b/h1b_process.html.

Legalized Aliens

  • Legalized Aliens are certain illegal aliens who were eligible to apply for temporary resident status under the legalization provision of the Immigration Reform and Control Act of 1986. To be eligible, aliens must have continuously resided in the United States in an unlawful status since January 1, 1982, not be excludable, and have entered the United States either 1) illegally before January 1, 1982, or 2) as temporary visitors before January 1, 1982, with their authorized stay expiring before that date or with the Government’s knowledge of their unlawful status before that date. Legalization consists of two stages--temporary and then permanent residency. In order to adjust to permanent status aliens must have had continuous residence in the United States, be admissible as an immigrant, and demonstrate at least a minimal understanding and knowledge of the English language and U.S. history and government.

Legal Stay

  • A non-immigrant alien may enter and stay in the U.S. legally if he/she is admitted by the USCIS. However, an alien’s non-immigrant status in the U.S. remains valid only for the duration of the authorized stay as evidenced by the I-94. Therefore, if an alien's non-immigrant status expired and the alien still stays in the United States, the alien is out of status. To continue to stay legally in the U.S., an alien, before his/her authorized status expires, must either leave the U.S. or apply for an extension or change of his/her current status, or alternatively apply for adjustment of status, if applicable. For more information about legal stay, please click http://www.hooyou.com/nonimmigration/difference.html.

Marriage

  • There is no exact definition of marriage in the immigration laws. Marriage is a subject matter of the laws of the state or country where the marriage was entered into. Federal laws usually recognize the validity of a marriage if the marriage was valid in a state or another country where the marriage was entered into. However, according to The Defense of Marriage Act, U.S. Congress clarifies that the word "marriage" means only a legal union between one man and one woman as husband and wife and the word "spouse" refers only to a person of the opposite sex who is a husband or wife. Apparently, U.S. Congress interprets that marriage exists only between male and female. Thus immigration laws do not accept gay or lesbian marriages. For more information of marriage and immigration, please click http://www.hooyou.com/marriage/index.html.

Medical Waiver

  • A medical waiver permits an immigration applicant to be allowed into, or remain in the United States despite having a health condition identified as grounds of inadmissibility. Terms and conditions can be applied to a medical waiver on a case by case basis.

Migrant

  • A person who leaves his/her country of origin to seek residence in another country.

Motion to Reconsider

  • Immigration applicants or petitioners can make a formal request that the USCIS take another look at the case if an application or petition, or relief in immigration proceedings is denied with a legal error in the decision. For more information about motion to reconsider and appeal, please click http://www.hooyou.com/ead/appeal.html.

Motion to Reopen

  • Immigration applicants or petitioners can make a formal request that the USCIS take another look at the case if an application or petition, or relief in immigration proceedings is denied with a legal error in the decision. Additional evidence or information that was not available previously must be provided. For more information about motion to reopen and appeal, please click http://www.hooyou.com/ead/appeal.html.

Multinational Managerial or Executive

  • Also known as EB-1(c), is a category of L-1 nonimmigrant petition or Eb-1(c) first preference immigrant petition for international companies to transfer top-level executives and managers to the U.S. as permanent residents.For details of L-1 multinational managerial or executive petition, please click http://www.hooyou.com/L-visa/index.html. For details of Eb-1(c) multinational managerial or executive petition, please click http://www.hooyou.com/eb-1/requirementmet.html.

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

If you can not find what you are looking for, please kindly click here for the search engine and search the articles on www.hooyou.com.

Adjustment of Status | Adoption | Advance Parole | Application Fees | Asylum & Removal | Business Entities | Corporate Clients | Consular Processing | Divorce | E-1 & E-2 | EAD | F-1 | Family Immigration | FAQs | Forms | Investor Visa | Immigration Glossary |
K Visa
| L Visa | Marriage | Naturalization | Non-immigrant Visas | O-1 | Processing Time | Road to Green Card | TN | Visa Bulletin

"The best way to
predict your future is
simply to create it."
- Peter Drucker.
.

Copyright © 1999-2005. Zhang & Associates, P.C. All Rights Reserved
New York   Houston Chicago Austin Los Angeles  
Tel: 1.800.230.7040 • E-mail: info@hooyou.comPrivacy Policy