Immigration
Glossary and Terminology
Learn more about the key terms, definitions, and forms that will help you navigate this EB-3 Unskilled Visa journey.
Adjustment of Status (AOS): If a Foreign National is inside the U.S. in valid status, they could elect to file their green card application as "AOS". This would mean that they can adjust their status from inside the U.S., without having to travel abroad.
Advance Parole (AP): Foreign Nationals (FNs) who are applying for the green card as Adjustment of Status (AOS) will receive AP. Once the AP is approved, they can travel internationally and re-enter the U.S. while their green card application is pending.
A-Number: A unique number assigned to Foreign Nationals by the Department of Homeland Security. A-Number is also referred to as the Alien Registration Number.
Adjustment of Status (AOS) Interview: Foreign Nationals (FNs) who are applying for the green card as Adjustment of Status (AOS) will attend an AOS interview before their green card can be approved.
Argo: Argo provides interview prep for both Consular and AOS clients. For example, interview prep before the immigrant visa interview at the U.S. Consulate.
Articles: We have a large selection of articles in Intercom. Articles are a great resource for further information.
Audit: The Department of Labor (DOL) can issue audits to filed Labor Certification (LCs), typically asking for recruitment documents to ensure that all mandatory recruitment steps were completed. If an audit is issued, this will typically extend the timeline for when DOL will approve the LC.
Beneficiary: In the EB-3 Unskilled context, the Beneficiary is the foreign national being sponsored for the EB-3 job.
Child: Under immigration law, a "child" must be under 21 years old and unmarried. Children of the primary applicant may be eligible for immigration benefits.
Citizenship: "Citizenship" is different than "nationality". Typically, citizenship is evidenced by a person's passport. Nationality is where the person was born. You can change your citizenship but not your nationality. For example, someone can be a U.S. citizen but a national of Vietnam.
Citizenship test: A test administered during an in-person interview as part of the naturalization process to become a U.S. citizen. Candidates for citizenship must show that they can speak, read, and write in English, and must also show a basic knowledge of American civics, including the country’s history and political system.
Client Services (CS): Client Services (CS) is the team at BDV responsible for helping clients with their relocation process after their I-140 is approved and they have obtained their work authorization. CS ensures that clients have housing, transportation, childcare, etc. and coordinate the client's start date with their sponsor. CS also maintains relationships with sponsors and clients after they start work. Through CS, BDV remains accessible to clients throughout their 1-year work commitment to their sponsor.
Consular processing (CP): Consular processing means applying from the green card from outside the U.S. Once approved, the Foreign National (FN) will be issued an immigrant visa to enter the U.S. as a Lawful Permanent Resident.
Consulate: The U.S. Consulate abroad is where Foreign National(s) who are Consular processing will attend their immigrant visa interview and obtain their immigrant visa to enter the U.S.
Cross-chargeability: A Foreign National's (FN's) place in line for when they can apply for and receive their green card is based on their employment-based category plus their country of birth. A few countries of birth have long visa backlogs (such as India and China). “Cross-chargeability” is a useful exception. Under cross-chargeability, if an FN and their spouse were born in different countries and they both want to apply for green cards, they may elect to both be “charged” to one spouse's country if the green card line for that spouse’s country is faster. For example, if one spouse was born in India and one spouse was born in France, they can both be "charged" to France to qualify for green cards more quickly.
Customs & Border Protection (CBP): CBP is a U.S. government agency within the Department of Homeland Security. CBP officials protect the U.S. border, enforce customs and immigration regulations, and inspect new arrivals before admitting them to the United States.
Cut-off date: The dates on the Visa Bulletin are called "cut-off" dates. The Foreign National's (FN's) priority date must be before the relevant cut-off date on the Visa Bulletin to file the green card application and/or receive the green card.
Department of Homeland Security (DHS): The U.S. government agency that handles domestic security, including most immigration functions. USCIS and the CBP are both a part of the DHS.
Department of Justice (DOJ): The U.S. government agency that handles criminal justice and law enforcement. Immigration courts and some immigration appeals are administered by the DOJ.
Department of Labor (DOL): DOL is the U.S. department responsible for reviewing and approval Prevailing Wage Determinations (PWDs) and Labor Certifications (LCs), which are necessary for the EB-3 employment-based green card process.
Department of State (DOS): The U.S. government agency that handles foreign affairs and diplomacy, and runs U.S. consulates and embassies around the world.
Dependents: Dependents are the legal spouse and/or children (unmarried and under 21) of the primary applicant.
Duration of Status (D/S): A mark or stamp made on a temporary visitor’s I-94 record (in the admit-until date section) when they are admitted to the United States. The D/S mark (sometimes also referred to as “Duration of Stay”) allows a visitor to remain in the United States for as long as they maintain their current immigration status. For example, an F-1 student holder can often remain in the United States until they complete their educational program.
EB-3 Unskilled: EB-3 Unskilled, also known as "EB-3 Other Worker" is the employment-based immigrant category used to sponsor foreign workers who will be performing unskilled jobs in the U.S., such as janitors, food preps (fast food workers), factory workers, etc.
Embassy: A diplomatic office, usually located in a foreign country’s capital city and headed by an ambassador. In many countries, the United States also maintains smaller diplomatic offices called consulates in important towns and cities. Both consulates and embassies offer a wide range of immigration services.
Employment Authorization Document (EAD): In the EB-3 Unskilled context: Foreign Nationals (FNs) who are applying for the green card as Adjustment of Status (AOS) will also apply for the EAD through Form I-765. Once the EAD is approved and issued, the FN can work in the U.S. while their green card application is pending. The EAD can also be referred to as the "work permit".
Employment Verification Letter (EVL): The EVL is typically provided to Foreign Nationals (FNs) for their green card interview. It either documents that the FN is already working for the sponsor (listing the FN's job title, work location, and salary), or that the sponsor is still willing to employ the FN for the offered, full-time position.
ETA-9089: ETA-9089, Labor Certification (LC), and PERM are all the same thing. Internally, we use the term Labor Certification (LC), but this same form can be referred to externally as either the ETA-9089 or PERM. The LC is the first step in the EB-3 green card process. This form is filed with the Department of Labor (DOL) to show that the employer completed the necessary recruitment steps and that there were not enough willing and qualified U.S. workers for the role, which is why the employer is looking to sponsor foreign workers.
Field Office: A regional USCIS office that provides services for people resident in a given district.
Filing Fee: Fee(s) that must be paid to the government when submitting certain immigration petitions or applications.
Global Mobility (GM): GM is the team responsible for working with employers throughout the recruitment process, and working with Foreign Nationals (FNs) to prepare and file the Labor Certifications (LCs).
Green card: The green card is evidence of Lawful Permanent Resident (LPR) status, meaning that the Foreign National can permanently live and work in the U.S.
I-131: Advance Parole (AP) allows foreign nationals to travel abroad and re-enter the U.S. while their green card application is pending. AP is requested by submitting Form I-131 with USCIS.
I-140: The I-140 immigrant petition is a form that is filed with USCIS once the Labor Certification (LC) is approved. The I-140 states that the employer is sponsoring the Foreign National (FN) for a specific position in the U.S. The I-140, by itself, does not provide the FN with status to remain in the U.S. or U.S. work authorization.
I-290B: If the filing is denied, the attorney may use Form I-290B to appeal the denial to the Administrative Appeals Office (AAO) or file a motion to reconsider or reopen (MTR) with USCIS.
I-485: The I-485 application is used to apply for a green card from within the U.S., in what is known as the Adjustment of Status (AOS) process.
I-551 stamp: I-551 stamp is a sticker in the passport that will provide temporary evidence of someone's Lawful Permanent Resident (LPR) status.
I-765: In the EB-3 Unskilled context: Foreign Nationals (FNs) who are applying for the green card as Adjustment of Status (AOS) will also apply for the EAD through Form I-765. Once the EAD is approved and issued, the FN can work in the U.S. while their green card application is pending.
I-9: I-9 is a form used to verify the identity and work authorization of people employed in the U.S. The employer is required to promptly complete the I-9 form each new hire. The worker must provide documentation of their identity and work authorization.
I-94: The I-94 is evidence of a Foreign National's (FN) authorized period of stay in the U.S.
Immigrant visa: Clients who are Consular processing will receive an immigrant visa. Consular processing means applying from the green card from outside the U.S. Once approved, the Foreign National (FN) will be issued an immigrant visa to enter the U.S. as a Lawful Permanent Resident.
Immigration and Customs Enforcement (ICE): The U.S. law enforcement agency tasked with enforcing immigration law, and with identifying and deporting unlawful immigrants. Part of the Department of Homeland Security.
Internal Revenue Service (IRS): IRS is the U.S. government agency that collects taxes from individuals and businesses.
Labor Certification (LC): Labor Certification (LC), ETA-9089, and PERM are all the same thing. Internally, we use the term LC, but this same form can be referred to externally as either the ETA-9089 or PERM. The LC is the first step in the EB-3 green card process. This form is filed with the Department of Labor (DOL) to show that the employer completed the necessary recruitment steps and that there were not enough willing and qualified U.S. workers for the role, which is why the employer is looking to sponsor foreign workers.
Lawful Permanent Resident (LPR): Lawful Permanent Resident (LPR) status, means that the Foreign National can permanently live and work in the U.S. LPR is used interchangeably with "green card holder".
Maiden Name: A woman’s family name prior to marriage.
Motion to Reopen/Motion to Reconsider (MTR): If a petition/application is denied by USCIS, the attorney may recommend filing a MTR. A Motion to Reopen is based on documentary evidence of new facts to request that the case be reopened. A Motion to Reconsider is based on the argument that the government incorrectly applied the law in denying the filing.
National Visa Center (NVC): For Consular processing EB-3 Unskilled clients, once the I-140 immigrant petition is approved, the NVC provides initial review of submitted documentation and then forwards approved petitions to a U.S. Embassy/Consulate for processing.
Nationality: Nationality is where the person was born. You can change your citizenship but not your nationality. For example, someone can become a U.S. citizen but will remain a national of Vietnam.
Naturalization: The process of gaining U.S. citizenship. Green card holders are generally eligible to naturalize after between 3 and 5 years as permanent residents.
Offering: The specific job and work location offered by a Sponsor. One sponsor could have one offering or multiple offerings (ex: different jobs or multiple work locations in different Metropolitan Statistical Areas).
PERM: PERM, Labor Certification (LC), and ETA-9089 are all the same thing. Internally, we use the term Labor Certification (LC), but this same form can be referred to externally as either the ETA-9089 or PERM. The LC is the first step in the EB-3 green card process. This form is filed with the Department of Labor (DOL) to show that the employer completed the necessary recruitment steps and that there were not enough willing and qualified U.S. workers for the role, which is why the employer is looking to sponsor foreign workers.
Petitioner: In the EB-3 Unskilled context, the Petitioner is the employer sponsoring the foreign workers. Sponsor, Employer, and Petitioner refers to the same thing and are used interchangeably.
Port of entry: Any border crossing, seaport, or airport where people enter the United States.
Primary: "Primary" refers to the main applicant. For example, if Mary wants to go through the EB-3 unskilled process and she has a spouse. Mary would be considered the Primary, and her spouse would be considered her Dependent.
Priority Date: The priority date is the date the Labor Certification (LC) was filed. Think of the priority date as the Foreign National's place in line, because it determines when their green card application can be filed and when their green card can be issued.
Receipt number: A tracking number issued by USCIS to help track the status of a filed application/petition.
Request For Evidence (RFE): USCIS may issue a RFE if the government thinks that they need more information/documentation before making a final decision on the petition/application. A RFE request does not mean that the case will be denied.
Retrogression: Usually, the Visa Bulletin’s cut-off dates move forward over time. When there are more applications for a green card category than the government was expecting, the cut-off dates may move backwards. Retrogression is the cut-off date in the Visa Bulletin moving backwards due to increase in demand.
Sponsor: The "sponsor" is the employer sponsoring the foreign workers. Sponsor, Employer, and Petitioner refer to the same thing and are used interchangeably.
Temporary Protected Status (TPS): A program that allows people from certain countries hit by conflict, civil disorder, or natural disaster to live and work in the United States.
Unauthorized work: Unauthorized work refers to when Foreign Nationals (FNs) work in the U.S. without the necessary work authorization. Unauthorized work may have an immigration impact.
Unlawful presence: A period of time when a Foreign National (FN) is present in the United States without authorization, such as when a FN stays in the U.S. after their I-94 has expired. Unlawful presence may have an immigration impact.
USCIS: U.S. Citizenship and Immigration Services (USCIS) is responsible for reviewing immigration-related applications/petitions. For example, the I-140 immigration petition, I-485 green card application, I-765 work authorization (EAD), and I-131 advance parole (AP) are reviewed and approved by USCIS.
Visa Bulletin:
The Visa Bulletin is issued every month by the Department of State. It shows which green card applications can be filed, and which filed applications can move forward to green card issuance, based on when the labor certification (LC) was filed. The Visa Bulletin also lets you estimate how long it will take before you get your green card.
Visa stamp: The visa stamp is the sticker in the Foreign National's (FN's) passport. Typically, FNs will need a valid visa stamp to enter the U.S. The visa stamp is an entry document.
Work permit: The Employment Authorization Document (EAD) can also be referred to as the "work permit".
Worksite (WS): The priority date is the date the Labor Certification (LC) was filed. Think of the priority date as the Foreign National's place in line, because it determines when their green card application can be filed and when their green card can be issued.
YOW: YOW is the EB-3 client login portal for BDV Solutions.
YOW chat: The Employment Authorization Document (EAD) can also be referred to as the "work permit".