Immigration Terms I-140 to Nonimmigrant - Immigration Term Glossary

I	I-140: An application to the BCIS by an employer for permission to sponsor an alien for permanent residence. It is the process by which the BCIS determines if the foreign national is qualified for the position certified in stage one (labor certification) of the green card process, and whether s/he is admissible to or excludable from the U.S.
	I-485: An application to the BCIS made by people who are present in the U.S., have received an approved I-140, and who are not subject to any per country limitations. It is the process by which a foreign national adjusts her or his status from a nonimmigrant to an immigrant and becomes a permanent resident. This stage requires fingerprints, a medical examination, proof of ability to financially support oneself, and an interview.
	I-765: I-765 is an application made for employment authorization. It is available only to people who are in the green card process and have reached the I-485 stage of processing. A person may submit the I-765 in conjunction with her I-485 petition. If a person has a valid H-1B while the I-485 is pending, she does not need to submit the I-765, but many people feel more comfortable having both at the same time. Having both is not necessary, but it is allowed. In addition, when a person reaches the I-485 stage, she may also submit an I-765 on behalf of her spouse so that he may be able to work.
	I-797: Notice of approval from BCIS.
	Immediate Relatives: Immigrants who are exempt from the numerical limitations imposed on immigration to the United States.They are spouses and children (under 21 years of age and unmarried and parents of citizens 21 years of age or older).
	Immigrant: Person who comes to the U.S. and wishes to stay permanently. Must apply for permanent resident status.
	Inadmissible: Formerly referred to as excludable. A person is not eligible to enter the U.S. This occurs when an alien attempts to enter the U.S. either at a border patrol or other port of entry (airport), and the BCIS officer refuses entry to the alien. The alien is excluded and must return to their home country or the country from which they traveled, and he is not entitled to a hearing on the matter.
	Intracompany Transferee: An alien, employed for at least one continuous year out of the last three by an international firm or corporation, who seeks to enter the United States temporarily in order to continue to work for the same employer, or a subsidiary or affiliate, in a capacity that is primarily managerial, executive, or involves specialized knowledge, and the alien’s spouse and minor unmarried children.
L	Labor Certification: The process by which the employer asks the U.S. Department of Labor to certify that there are no available, qualified, willing, and able U.S. workers to fill certain position within the company. Therefore, the company is requesting the DOL to grant it permission to employ a foreign national on a permanent basis.
	Labor Condition Application: A document filed with the Department of Labor before an H-1B petition is begun. An approved LCA is necessary for all H-1B petitions. On the LCA, the employer makes the following four attestations: it will pay the required wage rate (the higher of the prevailing wage or actual wage) to its H-1B employees; the presence of H-1B workers will not adversely affect the working conditions of other similarly situated workers in the same job category; there is no strike, lockout, or work stoppage pursuant to a labor dispute in the job category at the place of employment; and a copy of the LCA has been, or will be, provided to each H-1B worker and the employer has also provided notice of the filing of the LCA by posting in two conspicuous locations on the work premises.
	L-1B: Transferee from a foreign corporation to its U.S. partner/subsidiary. Transferee must perform executive, managerial, or specialized knowledge duties.
	Legal Entry: Entering the borders of the United States, being inspected by an U.S. Immigration and Naturalization Service official, and being given permission by such official to enter.
M	Migrant: A person who leaves his/her country of origin to seek residence in another country.
N	Naturalization: The process by which a permanent resident (green card holder) becomes a U.S. citizen. For most permanent residents, once they have resided continuously in the United States for five years, they are eligible to apply for citizenship. For people that obtained permanent residence as the spouse of a U.S. citizen, they are eligible to apply after three years of continuous residency. In order to qualify for naturalization, the person must be physically present in the U.S for at least half the time of the required residency, one and a half years for spouses of U.S. citizens, and two and a half years for all others.
	Nonimmigrant: A person who comes to the U.S. with the intent to remain only temporarily. For most classifications, the alien must maintain her/his permanent residence abroad.