Glossary

Ability to pay

The employer's proof that it can pay the offered salary from the priority date until the worker becomes a permanent resident, using annual reports, federal tax returns or audited financial statements.^[1,2]

AC21 portability (INA 204(j))

The rule that keeps an I-140 valid for a new job in the same or a similar occupational classification once the I-485 has been pending 180 days or more. The I-140 must be approved, or have been approvable when filed, and the move is requested on Form I-485 Supplement J.^[3,4]

Adjustment of status

Applying for a green card from inside the U.S. on Form I-485, without going abroad for an immigrant visa. Among other conditions, a visa must be available when you file and when USCIS decides.^[5,6]

Administrative Appeals Office (AAO)AAO

The USCIS office that decides appeals of many denied petitions, including I-140s. Most of its decisions are non-precedent and bind only the parties; USCIS can adopt a decision as policy guidance, and some become binding precedents.^[7,8]

Approval notice (Form I-797)

The Form I-797 notice USCIS issues when it approves a case. For an I-140, approval confirms the classification but doesn't by itself grant a green card or work authorization.^[9,10]

Business day

For premium processing, a day the federal government is open. Weekends, federal holidays and days federal offices are closed, nationwide or in the region deciding the case, don't count.^[11,12]

Case status: 'Case Is Being Actively Reviewed'

◇Interpretation An online case status message. USCIS doesn't publish a definition, and Case Status Online shows the most recent action recorded, so the message doesn't tell you whether an approval, an RFE or a decision date is coming.^[13]

Consular processing

Getting a green card by applying for an immigrant visa at a U.S. consulate abroad. After I-140 approval the case goes to the National Visa Center, and the applicant files Form DS-260 and attends an interview.^[6,14]

Date for Filing

The cutoff on the Visa Bulletin's second chart, which tells immigrant visa applicants when to start submitting documents to the National Visa Center. Adjustment applicants can use it only in months USCIS says so.^[15,16]

Derivative beneficiary

A spouse or unmarried child under 21 who gets immigrant status through the principal's petition when accompanying or following to join. EB-1C derivatives use codes E14 (spouse) and E15 (child).^[17,18]

Doing business

The regular, systematic and continuous provision of goods or services, not just having an agent or an office. An EB-1C employer must have done so for at least a year before filing; business with related companies can count.^[1,19]

Executive capacity

A role in which the person primarily directs the management of the organization or a major part of it, sets goals and policies, has wide discretion, and answers only generally to higher executives, the board or stockholders.^[1,20]

Final Action Date

The cutoff date on the Visa Bulletin's main chart: a visa can be issued, or a green card approved, only when your priority date is earlier than it or the category is current. USCIS uses this chart for adjustment filings unless it announces otherwise.^[15,16]

Form I-290B

The form for filing an appeal with the AAO or a motion to reopen or reconsider. The fee is $800, and it is generally due within 30 days of the decision, or 33 if the decision was mailed.^[21,22,23]

Function manager

A manager who primarily manages an essential function rather than people. Under Matter of G-, the function must be clearly defined and core, and the person must manage rather than perform it, at a senior level, with day-to-day discretion.^[20,24]

Labor certification (PERM)PERM

A Department of Labor certification that there aren't enough qualified U.S. workers for a job and that hiring the foreign worker won't hurt U.S. workers' wages and conditions. Many employment green cards need one first; EB-1C does not.^[1,25]

Managerial capacity

A role in which the person primarily manages the organization or a unit or function; supervises supervisors, managers or professionals, or manages an essential function; has personnel authority over staff supervised directly, or holds a senior position if no one is directly supervised; and directs day-to-day operations.^[1,20]

Motion to reconsider

A request to revisit a decision because it misapplied law or USCIS policy based on the record at the time, supported by relevant precedent. It must be filed on time; lateness can't be excused.^[26,27]

Motion to reopen

A request to the office that made the latest decision to reopen the case based on new facts supported by affidavits or documents. A late one may be excused only if the delay was reasonable and beyond your control.^[21,26]

Notice of Intent to Deny (NOID)NOID

A USCIS notice that it plans to deny a case, stating the reasons and giving at most 30 days, plus 3 if mailed, to respond. For an I-140, USCIS isn't required to send one before denying.^[28,29]

Notice of Intent to Revoke (NOIR)NOIR

A notice that USCIS plans to revoke an approved petition, giving the petitioner a chance to submit evidence against revocation. If USCIS revokes, it must explain why in writing, and an appeal is due within 15 days, or 18 if the decision was mailed.^[21,30]

Officer or desk code

◇Interpretation A short code, such as XM followed by digits, printed on some USCIS notices, which applicants call an officer or desk code. We have not verified an official explanation of these codes, or official evidence linking a code to outcomes.^[29]

Premium processing

A paid service requested on Form I-907 that requires USCIS to issue an approval, denial, RFE or NOID within a set number of business days, 45 for EB-1C, or refund the fee. For EB-1C the count starts once USCIS has the form, the fee and all prerequisites for adjudication; the fee is $2,965.^[11,22,31]

Priority date

Your place in the visa line. For EB-1C, which needs no labor certification, it is the date the complete, signed I-140 with the correct fee is properly filed with USCIS. A denied petition doesn't establish one.^[1,15]

Proffered wage

The salary the employer offers in the petition. Ability to pay is measured against this amount.^[1,2]

Qualifying relationship

The required link between the U.S. and foreign employers: the same company, parent and subsidiary, or affiliates, judged by ownership and control. It must exist at filing and continue through the decision.^[1,32,33]

Receipt notice (Form I-797C)

The Form I-797C notice USCIS sends to confirm it received a filing; the same form is used for rejections, transfers and appointments. It shows the receipt number used to track the case online.^[9,13]

Request for Evidence (RFE)RFE

A USCIS notice asking for more evidence before a case is decided. It names the requirement not yet shown, explains why the evidence falls short, and sets a deadline of at most 12 weeks, plus 3 days if mailed, that can't be extended.^[28,29,34]

Service center

A USCIS office that processes petitions filed by mail or online, such as the I-140. USCIS lists the Texas, Nebraska, Vermont and California Service Centers among the offices where an I-140 may be pending.^[4,31]

Visa Bulletin

The Department of State's monthly bulletin showing visa availability by category and country of chargeability. It has two charts, Final Action Dates and Dates for Filing, and USCIS says each month which one applies to adjustment filings.^[15,16]