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60-Day Grace Period
A period after job loss during which an H-1B worker may remain in the U.S. to seek new sponsorship or change status.
AC21
American Competitiveness in the 21st Century Act of 2000, a law with provisions benefiting H-1Bs.
Benching
The practice of placing an H-1B worker in unpaid status when there is not work – a violation of H-1B rules.
Beneficiary
The person who will receive the immigration benefit being sought (e.g., the H-1B worker).
Cap-Gap
Automatic extension of F-1 status/OPT bridging the gap until H-1B start date (Oct 1).
Change of Status
An application to change from one nonimmigrant status to another without leaving the U.S.
Confirmation Number (H-1B Registration)
A unique identifier given when an H-1B registration is submitted.
Consular Processing
Obtaining a visa at a U.S. consulate/embassy abroad, as opposed to change of status within the U.S.
DSO (Designated School Official)
A school representative responsible for assisting and overseeing F-1 students' immigration matters.
Dual Intent
An immigration doctrine allowing nonimmigrant visa holders to have immigrant (permanent) intent as well.
E-3 Visa
A work visa exclusively for Australian nationals in specialty occupations, similar to H-1B but not cap-subject in the same way.
Employer-Employee Relationship
A requirement that the H-1B employer have the right to control the worker's employment.
FDNS (Fraud Detection and National Security)
A unit within USCIS focused on detecting immigration fraud and threats to national security.
Fiscal Year (FY)
The U.S. government's accounting year, running from October 1 to September 30.
Form I-129
The petition form used by employers to apply for H-1B and other nonimmigrant workers.
Fraud Prevention and Detection Fee
A $500 fee for new H-1B and L-1 petitions used to fund anti-fraud measures.
Green Card
Slang for U.S. lawful permanent resident status, evidenced by a green-colored card.
H-1B Dependent Employer
An employer that has a high ratio of H-1B workers to total employees, triggering additional obligations.
H-1B Registration
The online lottery entry process employers must complete to try to secure an H-1B cap number.
H-1B1
A variant of the H-1B visa for citizens of Chile and Singapore, with its own annual quota.
I-140 Petition
Immigrant petition for alien worker – second step employment-based green card filing by employer.
I-797 Notice
Official communication from USCIS, often refers to approval or receipt notices.
I-94
Arrival/Departure Record issued to international visitors indicating status and authorized stay period in the U.S.
Itinerary Requirement
Old USCIS rule that required a detailed work itinerary for H-1B workers at multiple worksites.
Labor Condition Application (LCA)
A required filing with DOL attesting to wage and labor standards for H-1B workers.
Maximum Admissibility (6-year limit)
The general limit that an individual can only be in H-1B status for 6 years total, with some exceptions.
O-1 Visa
A nonimmigrant visa for individuals of extraordinary ability in sciences, arts, education, business, or athletics.
OPT (Optional Practical Training)
Temporary work authorization for F-1 students to work in their field of study after graduation.
Organizational Account (USCIS)
A type of USCIS online account for companies to submit H-1B registrations and petitions.
Out of Status
Not in compliance with the terms of one's visa status, or beyond the authorized stay.
PERM Labor Certification
The process where the Department of Labor certifies no qualified U.S. workers are available for a job – prerequisite for many employment green cards.
Petition
In immigration, a request filed by a sponsor (like an employer) for a benefit on behalf of a beneficiary.
Petitioner
The entity (person or organization) filing an immigration petition on someone's behalf.
Premium Processing
An optional USCIS service that expedites processing of certain petitions for a fee.
Prevailing Wage
The average wage paid to similarly employed workers in the same occupation and area.
Public Access File (PAF)
A file that employers must keep, containing certain documents related to the H-1B worker's employment and LCA.
Public Law 114-113 Fee
A $4,000 additional fee required for certain large H-1B employers who heavily employ H-1B/L workers.
RFE (Request for Evidence)
A letter from USCIS asking for additional information before making a decision.
Selection Notice
The notification USCIS provides when an H-1B registration is selected in the lottery.
SEVIS
Student and Exchange Visitor Information System – a DHS database for F, M, J visa holders.
Site Visit
An unannounced inspection by USCIS's FDNS officers to verify H-1B petition details on the ground.
Specialty Occupation
An occupation that requires at least a bachelor's degree in a specific field of study.
Specialty Occupation RFE
An RFE questioning whether the job truly requires a specialized degree.
Third-Party Worksite
A location that is not the H-1B employer's own office, but a client or partner site where the worker performs duties.
TN Visa
A work visa for Canadian and Mexican professionals under the USMCA (NAFTA) agreement.
Unlawful Presence
Period of stay in the U.S. after one's I-94 expiration (or violation) without legal authorization, which can trigger bars to reentry.
USCIS
U.S. Citizenship and Immigration Services, the agency that handles immigration benefits.
Visa Stamp
The sticker placed in a passport by a U.S. consulate allowing travel to a U.S. port of entry in a specific visa category.
