Glossary
The words, and what they actually mean
Several of these mean something specific and counterintuitive. A priority date is not a deadline. “Current” does not mean approved. “Exceptional ability” is a lower bar than “extraordinary ability” despite sounding like a higher one. Where a term is routinely misread, the entry says so.
- A-Number
- Alien Registration Number, a unique identifier USCIS assigns to non-citizens. Nine digits, usually written with a leading A.
- Not everyone has one. If you have never been issued one, leave the field blank rather than inventing a number.
- AAO
- The Administrative Appeals Office, which reviews appeals of denied petitions. Its non-precedent decisions are published and are the clearest available record of why petitions fail.
- see also: Matter of Dhanasar · RFE
- Adjustment of status
- Applying for a green card from inside the United States, on Form I-485, rather than through a consulate abroad.
- Only available if your priority date is current under the Dates for Filing or Final Action chart, depending on which USCIS accepts that month.
- see also: Consular processing · Priority date · Visa Bulletin
- Advanced degree
- A US master's or higher, or a US bachelor's plus five years of progressive post-degree experience in the speciality.
- The five-year path requires the experience to be progressive, increasing responsibility, and to come after the degree. Concurrent study and work does not count twice.
- see also: EB-2 · Credential evaluation · Exceptional ability
- Beneficiary
- The person who would receive the immigration benefit. On a National Interest Waiver you are both the petitioner and the beneficiary.
- see also: Petitioner · Self-petition
- Consular processing
- Completing the green card process at a US consulate abroad rather than by adjusting status inside the country.
- see also: Adjustment of status
- Credential evaluation
- A report from a recognised evaluator stating the US equivalent of a foreign degree. This is what establishes the advanced-degree basis for a foreign qualification.
- Order it early. It commonly takes one to two weeks, and nothing else in the petition can substitute for it.
- see also: Advanced degree · EB-2
- Dates for Filing
- The more generous of the two Visa Bulletin charts. When USCIS says it will honour this chart for a month, you may file Form I-485 earlier than the Final Action Date would allow.
- USCIS decides monthly which chart applies. Being current under Dates for Filing lets you file; it does not mean a visa is available to approve.
- see also: Final Action Date · Visa Bulletin · Priority date
- EB-1A
- The extraordinary-ability category. A materially higher standard than EB-2 NIW, requiring sustained national or international acclaim.
- Recommendation-letter templates written for EB-1A, 'extraordinary', 'among the top in the field', read as a misunderstanding of the standard when used in an NIW petition.
- see also: EB-2 · National Interest Waiver
- EB-2
- The employment-based second preference category, for those holding an advanced degree or possessing exceptional ability.
- EB-2 eligibility is a threshold question, decided before the Dhanasar prongs are considered at all. Petitions have been denied at this step without the waiver argument ever being reached.
- see also: Advanced degree · Exceptional ability · National Interest Waiver
- Exceptional ability
- A degree of expertise significantly above that ordinarily encountered, established by meeting at least three of six regulatory criteria.
- A lower bar than EB-1A's 'extraordinary ability', despite sounding higher. Since January 2025 the ability must also relate to the proposed endeavor, a credential in an unrelated field no longer helps.
- see also: EB-2 · EB-1A
- Final Action Date
- The Visa Bulletin date that governs when a green card can actually be approved and issued.
- see also: Dates for Filing · Visa Bulletin · Priority date
- Form I-140
- The Immigrant Petition for Alien Worker. This is the petition itself; for an NIW you file it for yourself.
- Part 2 box h is the National Interest Waiver. Box d is the advanced-degree category without the waiver and requires a job offer and labor certification.
- see also: Self-petition · Form I-485 · Premium processing
- Form I-485
- Application to Register Permanent Residence or Adjust Status, the green card application itself, filed from inside the US.
- Filing it is a commitment to immigrant intent, which can complicate a later nonimmigrant visa application. Worth discussing with an attorney before filing concurrently.
- see also: Adjustment of status · Priority date
- Labor certification
- The PERM process, in which an employer proves no qualified US worker is available for a role. Ordinarily required for EB-2.
- Waiving this requirement is precisely what a National Interest Waiver does. It is why the waiver needs its own argument rather than a restatement of your merits.
- see also: National Interest Waiver · PERM
- Matter of Dhanasar
- The 2016 AAO decision that sets the current three-part test for a National Interest Waiver: substantial merit and national importance, well positioned to advance it, and beneficial to waive the job offer requirement.
- see also: National Interest Waiver · Proposed endeavor
- National Interest Waiver
- A waiver of the job offer and labor certification requirements for an EB-2 petition, where doing so benefits the United States. Lets you petition for yourself.
- see also: Matter of Dhanasar · Self-petition · Labor certification
- NOID
- Notice of Intent to Deny, more serious than an RFE. The officer has reached a negative conclusion and is giving you an opportunity to rebut it.
- see also: RFE
- Notario fraud
- Fraud by unlicensed people presenting themselves as qualified to give immigration advice, often exploiting the fact that a notario is a lawyer in some countries but not in the US.
- Only a licensed attorney or an accredited representative may advise you on your case. A platform, including this one, cannot.
- PERM
- The Department of Labor's electronic labor certification programme. Typically twelve to eighteen months, and tied to a specific employer and role.
- see also: Labor certification · National Interest Waiver
- Petitioner
- The party filing the petition. Usually an employer; on a National Interest Waiver, you.
- see also: Beneficiary · Self-petition
- Priority date
- The date USCIS receives your I-140. It fixes your place in the queue for an immigrant visa number.
- Not a deadline and not an expiry. It is a position in a line, and it is retained if the petition is approved, which is the main argument for filing sooner rather than waiting for a stronger record.
- see also: Visa Bulletin · Final Action Date · Retrogression
- Proposed endeavor
- The specific undertaking you propose to pursue. The first Dhanasar prong is assessed against this, not against your field.
- Describing it at field level, 'advancing artificial intelligence', is a documented failure. It must be specific enough that a stranger could evaluate it and narrow enough that not every credentialed person could claim it.
- see also: Matter of Dhanasar
- Retrogression
- When a Visa Bulletin cutoff date moves backwards, making applicants who were current no longer current.
- It happens without warning and has stranded people mid-process. A category being current today is not a reason to assume it will be current next quarter.
- see also: Visa Bulletin · Priority date
- RFE
- Request for Evidence, a notice that the officer needs more before deciding. Not a denial, and frequently recoverable.
- The deadline is strict and no extension is available. Every RFE is effectively a second full adjudication, which is why a clean initial filing is worth the extra week.
- see also: NOID · AAO
- Self-petition
- Filing a petition on your own behalf, with no employer. Available in EB-1A, EB-2 NIW, and a few humanitarian categories.
- see also: National Interest Waiver · Petitioner
- Visa Bulletin
- A monthly State Department publication showing which priority dates are eligible to proceed, by category and country of chargeability.
- Your chargeability follows your country of birth, not your citizenship or where you live.
- see also: Priority date · Final Action Date · Dates for Filing
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Definitions are written for orientation, not as legal advice, and the rules behind several of them change. Check the USCIS Policy Manual and the current Visa Bulletin before you rely on anything here.