U.S. Immigration Glossary: E - H

E


Employer Sanctions - The employer sanctions provision of the Immigration Reform and Control Act of 1986 prohibits employers from hiring, recruiting, or referring for a fee aliens known to be unauthorized to work in the United States. Violators of the law are subject to a series of civil fines for violations or criminal penalties when there is a pattern or practice of violations.


Exchange Visitor
- An alien coming temporarily to the United States as a participant in a program approved by the Secretary of State for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, or receiving training.


Exclusion - Prior to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, exclusion was the formal term for denial of an alien’s entry into the United States. The decision to exclude an alien was made by an immigration judge after an exclusion hearing. Since April 1, 1997, the process of adjudicating inadmissibility may take place in either an expedited removal process or in removal proceedings before an immigration judge.


Expedited Removal - The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 authorized the INS to quickly remove certain inadmissible aliens from the United States. The authority covers aliens who are inadmissible because they have no entry documents or because they have used counterfeit, altered, or otherwise fraudulent or improper documents.


F


Fiance(e)s of U.S. Citizen - A nonimmigrant alien coming to the United States to conclude a valid marriage with a U.S. citizen within ninety days after entry.


Field Offices
- Offices found in some Districts that serve a portion of the District’s jurisdiction. A Field Office, headed by an Officer-in-Charge, provides many services and enforcement functions. Their locations are determined, in part, to increase convenience to USCIS’ customers.


Files Control Office
- An USCIS field office--either a district (including USCIS overseas offices) or a suboffice of that district--where alien case files are maintained and controlled.


Fiscal Year
- Currently, the twelve-month period beginning October 1 and ending September 30. Historically, until 1831 and from 1843-49, the twelve-month period ending September 30 of the respective year; from 1832-42 and 1850-67, ending December 31 of the respective year; from 1868-1976, ending June 30 of the respective year. The transition quarter (TQ) for 1976 covers the three-month period, July-September 1976.


Foreign Government Official
- As a nonimmigrant class of admission, an alien coming temporarily to the United States who has been accredited by a foreign government to function as an ambassador, public minister, career diplomatic or consular officer, other accredited official, or an attendant, servant or personal employee of an accredited official, and all above aliens’ spouses and unmarried minor (or dependent) children.


Foreign Information Media Representative
- As a nonimmigrant class of admission, an alien coming temporarily to the United States as a bona fide representative of foreign press, radio, film, or other foreign information media and the alien’s spouse and unmarried minor (or dependent) children.


Foreign State of Chargeability
- The independent country to which an immigrant entering under the preference system is accredited. No more than 7 percent of the family-sponsored and employment-based visas may be issued to natives of any one independent country in a fiscal year. No one dependency of any independent country may receive more than 2 percent of the family-sponsored and employment-based visas issued. Since these limits are based on visa issuance rather than entries into the United States, and immigrant visas are valid for 6 months, there is not total correspondence between these two occurrences. Chargeability is usually determined by country of birth. Exceptions are made to prevent the separation of family members when the limitation for the country of birth has been met.


G


General Naturalization Provisions - The basic requirements for naturalization that every applicant must meet, unless a member of a special class. General provisions require an applicant to be at least 18 years of age and a lawful permanent resident with five years of continuous residence in the United States, have been physically present in the country for half that period, and establish good moral character for at least that period.


Geographic Area of Chargeability
- Any one of five regions--Africa, East Asia, Latin America and the Caribbean, Near East and South Asia, and the former Soviet Union and Eastern Europe--into which the world is divided for the initial admission of refugees to the United States. Annual consultations between the Executive Branch and the Congress determine the ceiling on the number of refugees who can be admitted to the United States from each area. Beginning in fiscal year 1987, an unallocated reserve was incorporated into the admission ceilings.


Green Card -  Green Card - It is the synonym for the lawful permanent resident card, which is evidence of lawful permanent resident (LPR) status. The term comes from the former practice of issuing cards that were green in color. If one files for adjustment of status (I-485), then s/he becomes an LPR upon approval of that application. If one goes through consular processing, then s/he becomes an LPR from the time when s/he enters the U.S. with the immigrant visa from the consulate.  

Green Card Holder - See Lawuful Permanet Resident.

H


Hemispheric Ceilings - Statutory limits on immigration to the United States in effect from 1968 to October 1978. Mandated by the Immigration and Nationality Act Amendments of 1965, the ceiling on immigration from the Eastern Hemisphere was set at 170,000, with a per-country limit of 20,000. Immigration from the Western Hemisphere was held to 120,000, without a per-country limit until January 1, 1977. The Western Hemisphere was then made subject to a 20,000 per country limit. Effective October 1978, the separate hemisphere limits were abolished in favor of a worldwide limit.


H1B - The most commonly used type of temporary work visa. To qualify for the H1B, the position must require at least a bachelor's degree in a related field and one must have earned that degree or its equivalent. Although there is no list of specific occupations, the H1B is intended for professional positions, i.e. teachers, accountants, computer professionals, physicians, therapists, market research analysts, financial analysts, and architects. The employer files a petition on the individual’s behalf and, on that basis, the individual is either granted the H1B status or issued an approval for Consular Processing. <See also,

H1B Status- Non-immigrant status granted to specialty occupation temporary worker. It is usually granted for 3 years with an extension for an additional 3 years. An H-1B visa/styatus holder may seek additional extension beyond 6 years statutory limitation if the alien has an applicationfor alien labor certification, or I-140 Petition or an I-485 application for adjustment of status pending where the first application filed has been pending at least for 365 days.

H1B Cap - an annual limit on the number of new H1B visas that can be granted in each fiscal year. There are certain types of sponsors that are exempt from the annual cap and the first 20,000 (at the time of this writing) beneficiaries who have earned masters' (or higher) degrees from U.S. institutions are exempt from the cap.

Home Residency Requirement
- the requirement for certain J visa holders to return to the last previous country of residence for a minimum of two years before eligibility (with certain exceptions) to change status, adjust status, or apply for an immigrant visa as stipulated under section 212(e) of the Immigration and Nationality Act. This requirement applies to any individual whose program was funded, at least in part, by a U.S. government agency or the home country of the individual; to any individual participating in graduate medical training; and to programs involving a filed of study listed in the Exchange Visitor's Skill List for her/his home country. Note: If one is subject to the HRR, a waiver may be possible under certain circumstances.

 

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Immigration Glossary_ D- H

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