Immigration Glossary_ M

Immigration Glossary: M - P

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Mandamus - It is a command (writ) from a court having jurisdiction requiring and entity take action where the court has determined that the entity has a duty to act in some manner.

Metropolitan Statistical Areas (MSAs) – MSAs consist of a core area with a large population and adjacent communities having a high degree of social and economic integration with the core. They are defined by the U.S. Office of Management and Budget (OMB). MSAs are generally counties (cities and towns in New England) containing at least one city or urbanized area with a population of at least 50,000 and a total metropolitan population of at least 100,000 (75,000 in New England). MSAs of one million or more population may be recognized as Consolidated Metropolitan Statistical Areas (CMSAs). Primary Metropolitan Statistical Areas (PSMAs) are component areas within MSAs. New England County Metropolitan Areas (NECMAs) are the county based metropolitan alternative of the New England states for the city and town based MSAs and CMSAs.

Migrant - A person who leaves his/her country of origin to seek residence in another country.

Motion to Reconsider - formal request that the relevant decision maker take another look at a case if an application or petition, or relief in immigration proceedings is denied with a legal error in the decision. In the Motion to Reconsider it is necessary to explain why one believes that the decision to deny the case was incorrect under the law.

Motion to Reopen - formal request that the relevant decision maker take another look at a case if an application or petition, or relief in immigration proceedings is denied with a legal error in the decision. The Motion to Reopen is requested based upon additional evidence or information that was not available previously. In the Motion it is necessary to explain why one believes that the new information should change the outcome of the case.

Multinational Manager / Executive Transfer - available as both a nonimmigrant (L1A) and immigrant (EB1) visa for an individual who was a manager / executive overseas and is coming to the United States to work in a manager / executive position for a parent, subsidiary, or affiliate of that overseas employer

NACARA - Nicaraguan Adjustment and Central American Relief Act.

National - A person owing permanent allegiance to a state.

NATO Official - As a nonimmigrant class of admission, an alien coming temporarily to the United States as a member of the armed forces or as a civilian employed by the armed forces on assignment with a foreign government signatory to NATO (North Atlantic Treaty Organization), and the alien’s spouse and unmarried minor (or dependent) children.

Naturalization - The conferring, by any means, of citizenship upon a person after birth.

Naturalization Application - The form used by a lawful permanent resident to apply for U.S. citizenship. The application is filed with the Immigration and Naturalization Service at the Service Center with jurisdiction over the applicant’s place of residence.

NCLEX-RN® Examination (National Council Licensure Examination for Registered Nurses) - A national licensure examination that tests the knowledge, skills, and abilities required for the safe and effective practice of nursing at the entry level. The NCLEX-RN® Examination is one of the components used by state boards of nursing to make decisions about licensure. The exam is only administered in the United States and its territories.

National Council Licensure Examination for Registered Nurses - See NCLEX-RN® Examination.

National Interest Waiver (NIW) - It is a green card category that requests a waiver of the Labor Certification (LC) requirement, based upon the beneficiary's significant contributions to her/his field of expertise. The NIW comes under the EB2 category of employment-based immigration, and therefore it requires an advanced degree or exceptional ability. In addition, there must be extensive proof as to why the person's presence in the U.S. is in the national interest, based upon the importance of her/his contributions to U.S. society. The NIW is one of two categories allowing one to self-petition for the employment-based green card. Note: The NIW criteria became more strict in 1998.

Naturalization - the application process by which one not a citizen by birth may become a U.S. citizen (USC). The basic criteria for naturalization are (a) Lawful Permanent Resident (LPR) status for 5 years (3 years if married to USC); (b) at least 18 years old; (c) physically present for half of the 5-year (or 3- year) period; (d) maintenance of U.S. residence with no lengthy trips abroad; and (e) good moral character.

Nonimmigrant - An alien who seeks temporary entry to the United States for a specific purpose. The alien must have a permanent residence abroad (for most classes of admission) and qualify for the nonimmigrant classification sought. The nonimmigrant classifications include: foreign government officials, visitors for business and for pleasure, aliens in transit through the United States, treaty traders and investors, students, international representatives, temporary workers and trainees, representatives of foreign information media, exchange visitors, fiance(e)s of U.S. citizens, intracompany transferees, NATO officials, religious workers, and some others. Most nonimmigrants can be accompanied or joined by spouses and unmarried minor (or dependent) children.

Nonimmigrant Visa (NIV) - It is a visa stamp in the passport authorizing one to come to the U.S. on a temporary basis. The particular nonimmigrant category is specified on the visa. Please note that a visa is not a guarantee that one will be permitted to enter. At the time of entry, the foreign national is inspected by a CBP officer who determines the applicant's eligibility for admission in the visa category.

No Objection Letter - a possible waiver available to certain J-1s subject to the Home Residency Requirement (HRR) if the home country does not object to their remaining in the U.S. The "no objection" waiver is not available to persons in the U.S. for graduate medical training. The no objection type of waiver is the least complex of all the HRR waivers. One contacts his/her home country consulate in the U.S. to request the no objection letter, which will be submitted directly to the Department of State by that consulate. See also Waiver

Nonpreference Category - Nonpreference visas were available to qualified applicants not entitled to a visa under the preferences until the category was eliminated by the Immigration Act of 1990. Nonpreference visas for persons not entitled to the other preferences had not been available since September 1978 because of high demand in the preference categories. An additional 5,000 nonpreference visas were available in each of fiscal years 1987 and 1988 under a provision of the Immigration Reform and Control Act of 1986. This program was extended into 1989, 1990, and 1991 with 15,000 visas issued each year. Aliens born in countries from which immigration was adversely affected by the Immigration and Nationality Act Amendments of 1965 (Public Law 89-236) were eligible for the special nonpreference visas.

North American Free-Trade Agreement (NAFTA) - Public Law 103-182 (Act of 12/8/93), superseded the United States-Canada Free-Trade Agreement as of 1/1/94. It continues the special, reciprocal trading relationship between the United States and Canada (see United States-Canada Free-Trade Agreement), and establishes a similar relationship with Mexico.

Notice to Appear (NTA) - document that places a person in removal proceedings. Once the USCIS files this document with the Immigration Court, one is officially in proceedings. The NTA is the equivalent of what used to be called an Order to Show Cause (OSC).

Numerical Limit, Exempt from - Those aliens accorded lawful permanent residence who are exempt from the provisions of the flexible numerical limit of 675,000 set by the Immigration Act of 1990. Exempt categories include immediate relatives of U.S. citizens, refugees, asylees (limited to 10,000 per year by section 209(b) of the Immigration and Nationality Act), Amerasians, aliens adjusted under the legalization provisions of the Immigration Reform and Control Act of 1986, and certain parolees from the former Soviet Union and Indochina.

Nursing Relief Act of 1989 - Public Law 101-238 (Act of 12/18/89), provides for the adjustment to permanent resident status of certain nonimmigrants who as of September 1, 1989, had H-1 nonimmigrant status as registered nurses; who had been employed in that capacity for at least 3 years; and whose continued nursing employment meets certain labor certification requirements.

ND - Notice Date

Occupation - For an alien entering the United States or adjusting without a labor certification, occupation refers to the employment held in the country of last legal residence or in the United States. For an alien with a labor certification, occupation is the employment for which certification has been issued.

O-1 Visa - nonimmigrant visa classification for individuals of extraordinary ability in sciences, arts, education, business, or athletics. The O-2 visa is designed for support personnel of the O-1 visa holder and O-3 is the dependent classification for spouses and children.

O*NET - created in 1995 to convert the information of the detailed Dictionary of Occupational Titles (DOT) into a simpler and more user-friendly format. Effective March 28, 2005, PERM regulations require the use of the O*Net classification, rather than the DOT, to determine industry-norm for education, training, and experience in particular occupations. The O*Net system uses five job zones for Special Vocational Preparation (SVP) classification that are published on www.flcdatacenter.com.

Optional Practical Training (OPT) - type of authorized student employment. Curricular Practical Training (CPT) is another type. May be available during annual vacations, during the school year (generally after the first full academic year) and after completion of the study program. OPT must be authorized by the school and an Employment Authorization Document (EAD) must be obtained from the USCIS before the individual begins the employment.

Out of Status - an imprecise term used loosely to describe a variety of very different situations in which a foreign national has failed to maintain valid nonimmigrant status, including overstay, entry without inspection, as well as the status of an H1B worker who has lost his or her job.

Orphan - For immigration purposes, a child whose parents have died or disappeared, or who has been abandoned or otherwise separated from both parents. An orphan may also be a child whose sole or surviving parent is incapable of providing that child with proper care and who has, in writing, irrevocably released the child for emigration and adoption. In order to qualify as an immediate relative, the orphan must be under the age of sixteen at the time a petition is filed on his or her behalf. To enter the United States, an orphan must have been adopted abroad by a U.S. citizen (and spouse, if married) or be coming to the United States for adoption by a citizen.

Overstay - the act of remaining in the United States past the expiration date on one's I-94 card. For an F-1 or J-1 visa holder with an I-94 card marked D/S, an overstay occurs at the expiration of that program, including any practical training. An individual with D/S marked on the I-94 card does not begin to accrue unlawful presence until an official determination is made by the USCIS that s/he is no longer in status.

Panama Canal Act Immigrants - Three categories of special immigrants established by Public Law 96-70 (Act of 9/27/79): 1) certain former employees of the Panama Canal Company or Canal Zone Government, their spouses and accompanying children; 2) certain former employees of the U.S. Government in the Panama Canal Zone who are Panamanian nationals, their spouses and children; and 3) certain former employees of the Panama Canal Company or Canal Zone Government on April 1, 1979, their spouses and children. The Act provides for admission of a maximum of 15,000 immigrants, at a rate of no more than 5,000 each year.

Parolee - A parolee is an alien, appearing to be inadmissible to the inspecting officer, allowed into the United States for urgent humanitarian reasons or when that alien’s entry is determined to be for significant public benefit. Parole does not constitute a formal admission to the United States and confers temporary status only, requiring parolees to leave when the conditions supporting their parole cease to exist. Types of parolees include:

1) Deferred inspection: authorized at the port upon alien’s arrival; may be conferred by an immigration inspector when aliens appear at a port of entry with documentation, but after preliminary examination, some question remains about their admissibility which can best be answered at their point of destination.

2) Advance parole: authorized at an INS District office in advance of alien’s arrival; may be issued to aliens residing in the United States in other than lawful permanent resident status who have an unexpected need to travel and return, and whose conditions of stay do not otherwise allow for readmission to the United States if they depart.

3) Port-of-entry parole: authorized at the port upon alien’s arrival; applies to a wide variety of situations and is used at the discretion of the supervisory immigration inspector, usually to allow short periods of entry. Examples include allowing aliens who could not be issued the necessary documentation within the required time period, or who were otherwise inadmissible, to attend a funeral and permitting the entry of emergency workers, such as fire fighters, to assist with an emergency.

4) Humanitarian parole: authorized at INS headquarters for "urgent humanitarian reasons" specified in the law. It is used in cases of medical emergency and comparable situations.

5) Public interest parole: authorized at INS headquarters for "significant public benefit" specified in the law. It is generally used for aliens who enter to take part in legal proceedings.

6) Overseas parole: authorized at an INS District or suboffice while the alien is still overseas; designed to constitute long-term admission to the United States. In recent years, most of the aliens the INS has processed through overseas parole have arrived under special legislation or international migration agreements.

Passport - a travel document issued by one's country of citizenship. It can be used for identification purposes as well as for visa applications or entry to other countries.

Per-Country Limit - The maximum number of family-sponsored and employment-based preference visas that can be issued to citizens of any country in a fiscal year. The limits are calculated each fiscal year depending on the total number of family-sponsored and employment-based visas available. No more than 7 percent of the visas may be issued to natives of any one independent country in a fiscal year; no more than 2 percent may issued to any one dependency of any independent country. The per-country limit does not indicate, however, that a country is entitled to the maximum number of visas each year, just that it cannot receive more than that number. Because of the combined workings of the preference system and per-country limits, most countries do not reach this level of visa issuance.

PERM - (Program Electronic Review Management System). (See also, Labor Certification) - As of March 28, 2005, all labor certifications are filed under the PERM system of rules and regulations. PERM is an attestation and audit-based system designed to streamline the process for obtaining an alien employment certification (labor certification). PERM requires the employer to engage in set recruitment efforts in advance of filing the labor certification, to attest to the fact that the employer has been unable to find an able, willing, and qualified U.S. worker for that position, and that the employer maintain documentation of the recruitment and its results for five years.

Permanent Resident Alien - an alien admitted to the United States as a lawful permanent resident. Permanent residents are also commonly referred to as immigrants; however, the Immigration and Nationality Act (INA) broadly defines an immigrant as any alien in the United States, except one legally admitted under specific nonimmigrant categories (INA section 101(a)(15)). An illegal alien who entered the United States without inspection, for example, would be strictly defined as an immigrant under the INA but is not a permanent resident alien. Lawful permanent residents are legally accorded the privilege of residing permanently in the United States. They may be issued immigrant visas by the Department of State overseas or adjusted to permanent resident status by the Immigration and Naturalization Service in the United States.

Petition - the paperwork itself or the act of submitting the formal request filed by a person or a company on behalf of someone else. In contrast, an application is filed on one's own behalf. A petition type can either be nonimmigrant (temporary) or immigrant (permanent). Petitions for nonimmigrant workers are filed on Form I-129. The most common immigrant petitions are the I-130 for FB and the I-140 for EB. There are also other special types of petition forms for certain situations. Note: There are some situations where a person can also self-petition (file a petition for him/herself). These include the NIW and Extraordinary Ability (EB1) immigrant petitions, as well as special situations such as battered spouse petitions.

Petitioner - the individual or organization filing a formal request or petition to benefit another person. Examples of more specific terminology are “petitioning employer” or “petitioning relative.”

Portability - Regulatory provisions established by AC21 permitting increased job mobility in both nonimmigrant and immigrant cases. For example, an H1B holder may begin work for a new H1B employer as soon as the new H1B petition is filed with the USCIS and an individual whose I-485 application has been pending for at least 180 days may move to a position that is the "same or similar" to the one that was originally sponsored, even with a different employer, without having to restart the green card process.

Port of Entry - Any location in the United States or its territories that is designated as a point of entry for aliens and U.S. citizens. All district and files control offices are also considered ports, since they become locations of entry for aliens adjusting to immigrant status.

Preconceived Intent - A determination that an individual has entered the United States in a manner not consistent with his or her visa. One is prohibited from entering the U.S. for a purpose other than that permitted under the visa, i.e. entering on a B-1 visa in order to file a change of status to F-1 or an I-485 application, rather than go through consular processing. A finding of preconceived intent can render an individual inadmissible under INA 212(a)(6)(c) (fraud / misrepresentation). The U.S. Department of State applies a 30- or 60-day rule in evaluating intent. If a foreign national takes action contrary to the intent of that visa (i.e. applies for change of status or begins employment) within 30 days of entry, there is a presumption of misrepresentation at the time of entry. If the action occurs between 30 days and 60 days of entry to the U.S., that presumption is rebuttable, and if the action occurs 60 days after entry to the U.S., there is no presumption, although the government has the discretion to raise the intent issue.

Pre-inspection - Complete immigration inspection of airport passengers before departure from a foreign country. No further immigration inspection is required upon arrival in the United States other than submission of INS Form I-94 for nonimmigrant aliens.

Preference System (prior to fiscal year 1992) - The six categories among which 270,000 immigrant visa numbers were distributed each year during the period 1981-91. This preference system was amended by the Immigration Act of 1990, effective fiscal year 1992. (see Preference System - Immigration Act of 1990). The six categories were: 1) unmarried sons and daughters (over 21 years of age) of U.S. citizens (20 percent); 2) spouses and unmarried sons and daughters of aliens lawfully admitted for permanent residence (26 percent); 3) members of the professions or persons of exceptional ability in the sciences and arts (10 percent); 4) married sons and daughters of U.S. citizens (10 percent); 5) brothers and sisters of U.S. citizens over 21 years of age (24 percent); and 6) needed skilled or unskilled workers (10 percent). A nonpreference category, historically open to immigrants not entitled to a visa number under one of the six preferences just listed, had no numbers available beginning in September 1978.

Preference System (Immigration Act of 1990) - The nine categories since fiscal year 1992 among which the family-sponsored and employment-based immigrant preference visas are distributed. The family-sponsored preferences are: 1) unmarried sons and daughters of U.S. citizens; 2) spouses, children, and unmarried sons and daughters of permanent resident aliens; 3) married sons and daughters of U.S. citizens; 4) brothers and sisters of U.S. citizens. The employment-based preferences are: 1) priority workers (persons of extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers); 2) professionals with advanced degrees or aliens with exceptional ability; 3) skilled workers, professionals (without advanced degrees), and needed unskilled workers; 4) special immigrants; and 5) employment creation immigrants (investors).

Prevailing Wage - It is the average wage for similarly-employed workers in a specific geographic location. For H1Bs, the employer is required to pay the greater of the prevailing wage or the actual wage paid to other workers in similar jobs at the company. For labor certification, the employer-offered wage must be at least equal to the prevailing wage rate, as determined by the State Workforce Agency (SWA). The SWA relies primarily on its online wage library in making the prevailing wage determination (PWD). However, an employer may submit an alternative wage that meets the requirements of U.S. Department of Labor (DOL) regulations, and request that the alternative be the prevailing wage.

Principal Alien - The alien who applies for immigrant status and from whom another alien may derive lawful status under immigration law or regulations (usually spouses and minor unmarried children).

Private Bill - A bill that restricts applicability, usually to only one or a very small group of individuals. If it is passed, it becomes a private law.

Priority Date (PD) - It is the date that sets one's place in the queue for a permanent residency case in a category subject to a quota. In a case that requires labor certification (LC), the priority date is the officially acknowledged date that the case was filed with the U.S. Department of Labor. For an employment-based case not requiring the LC, or for a family-based case (other than Immediate Relatives), the PD is the date the petition was filed with the USCIS. The law provides a quota or limit on the number of people who can receive the permanent residency status in a given year in the various categories. Note: Monthly, the U.S. Department of State publishes the Visa Bulletin, containing a chart that indicates the waiting period, if any, to file the final stage of the application (AOS or CP). A "C" on the Visa Bulletin indicates that the numbers are all current in that specific category and that there is no waiting period for filing. If the numbers are backlogged, as indicated on the Visa Bulletin, there will be a date mentioned from which one may determine when s/he is able to file the papers for his/her AOS or CP. One may file the AOS application if the priority date is BEFORE the date indicated on the Visa Bulletin chart.