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Note : All definitions in this Glossary are provided in the context of U.S. immigration law.

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Deferred Inspection - the process of allowing a person into the U.S. on a provisional basis, requiring him/her to return to the Port of Entry (POE) at a later date with specific additional documentation demonstrating admissibility. This process is invoked if it is unclear to the Inspector at the POE whether the individual is eligible to enter the U.S. but it is believed the necessary information could be obtained after s/he reaches the U.S.

Deportation - generally refers to the removal of a foreign national from a country after a hearing before an Immigration Judge. After the enactment of the Illegal Immigration and Immigrant Responsibility Act of 1996, deportation was replaced with removal proceedings.

Derivative Beneficiary - See beneficiary.

Derivative Citizenship - generally grants U.S. citizenship to the LPR child of a U.S. citizen parent (by birth or naturalization), in a case where the child resides in the U.S. under the legal and physical custody of the U.S. citizen parent. Note:  Different criteria can apply depending on the specific situation. One should consult an attorney to determine eligibility for derivative citizenship.

DHS - see U.S. Department of Homeland Security

Diversity Visa (Lottery) - <see Lottery Section on MurthyDotCom> a U.S. immigration program the purpose of which is to increase the proportion of immigrants from countries with low rates of emigration to the U.S. People from high admission countries are therefore ineligible. Applications are submitted to the U.S. Department of State (DOS) according to guidelines and winners are chosen by random selection. Lottery winners then apply for AOS or CP to obtain the green card. However, the lottery is only valid for the fiscal year in which the selection is made, and applicants may run into problems if the USCIS or the consulates are unable to approve these applications before the end of the fiscal year, rendering the Diversity Visas no longer available.

DOL - See U.S. Department of Labor.

DOS - See U.S. Department of State.

Dual Citizenship - condition under which an individual is recognized as citizen by more than one country. While the U.S. generally does not recognize dual citizenship, there may be various situations in which another country considers a U.S. citizen to also be a citizen of that country. For example, a child born in the U.S. is a U.S. citizen until s/he voluntarily renounces that citizenship upon reaching the age of majority. But the country of his/her parents' citizenship may also consider him/her to be their citizen, and s/he may have obtained a passport or other documentation from that country. Under that country's law, there may also be particular requirements as to how to retain or renounce that citizenship.

Dual Intent - a doctrine that permits a nonimmigrant to have both the intent to leave (nonimmigrant) and the intent to remain permanently (immigrant) at the same time, allowing extension of nonimmigrant status even after the filing of AOS. USCIS currently only recognizes dual intent for certain visa categories. Note: Although the dual intent doctrine permits extension of status, it does not necessarily permit travel while the AOS application is pending. AOS applicants should always consult their attorneys to determine whether they are permitted to travel.

Duration of Status (D/S) - indication on the I-94 card for an F-1 or J-1 visa holder instead of a fixed expiration date. The USCIS regulations define duration of status for F-1s as the period of study (as indicated on the I-20) plus any authorized optional practical training period (as indicated on the employment authorization document) plus a 60-day grace period. For J-1s, it is the duration of the program as indicated on the DS 2019 (formerly IAP-66), plus a 30-day grace period.



Employment-Based (EB) Immigration - general term for the permanent residency (green card) process in any category that relates to employment. It includes the usual employer-sponsored process as well as special categories, such as Extraordinary Ability, that are based upon the individual beneficiary's achievements. Also included is the special immigrant category (i.e. religious workers, EB4), and persons obtaining the green card through investment in and creation of a business in the U.S. (EB5). EB1, EB2, and EB3 are most common preference categories.

E-1/E-2 Treaty Trader / Investor - These two visa categories are based upon the existence of a commercial treaty between the U.S. and the applicant's country of nationality. Some of the treaties allow for both E-1 and E-2, while others allow for only one of the two. E-1 is for those conducting substantial trade in goods and/or services between the U.S. and the country of nationality. E-2 is for a person who has invested in an active business in the U.S. Note that the person as an individual can be carrying out trade or investment activities, or the person can be a key employee of a company that is engaged in such activities. Note: There are specific definitions for such terms as "substantial trade," and specific requirements for the nature and source of the investment, the nationality of a company, etc. Generally detailed financial information must be disclosed when applying for an E visa. (The list of participating countries changes often as new treaties enter into force. There are about 70 qualifying countries, - India not being among them.)

E-3 Visa - although grouped in the same category as the E-1 and E-2 visas, and carrying the same conditions of stay, the E-3 has very different requirements. The E-3 is a nonimmigrant work visa limited to Australian citizens for employment in specialty occupations. The E-3, in many respects, is similar to the H1B visa, however, the E-3 permits dependents and spouses to work.

EB1 (also Priority Workers) - employment-based permanent residency category consisting of three distinct subcategories: persons of extraordinary ability (EA); outstanding professors and researchers (OPR); and multinational executives and managers. EA does not require sponsorship, but is limited to persons considered internationally to be at the top of their respective fields. OPR also requires international recognition and an employment sponsor. The criteria for both EA and OPR are quite high. The regulations set forth various types of evidence that can be used as proof of one's high standing. The multinational executives and managers category is similar to the L-1 nonimmigrant category.

EB2 - employment-based permanent residency category requiring either an advanced degree (master's degree or equivalent) or what is known as "exceptional ability." EB2 is utilized for two distinct types of cases. The more common type is that of professionals in jobs requiring advanced degrees, who are being sponsored through the usual employer-sponsored process requiring Labor Certification. The other type is the National Interest Waiver (NIW), which involves requesting a waiver of the labor certification requirement based upon the person's significant contributions to his/her field of expertise.

EB3 - employment-based permanent residency category consisting of three distinct subcategories: professionals in jobs requiring Bachelor's degrees; skilled workers in jobs requiring at least 2 years of experience; and "other workers" (also referred to as unskilled workers). All of these categories require Labor Certification. At the time of this writing, there is an annual limit of 10,000 for other worker visa numbers that has created a severe backlog in that category.

EB5 - investor green card enabling a person who invests one million U.S. dollars ($500,000 in certain low-employment areas targeted for development) in creating or reorganizing an active U.S. business that will employ ten U.S. workers. The criteria for qualifying are quite strict, very detailed, and one is initially granted the green card only on a conditional basis. Note: There are specific requirements for the source and nature of the investment. Since about 2000, USCIS has been scrutinizing these applications extremely carefully. Owing to the difficulty in qualifying, not many people apply.

Employer Sanctions - civil and possible criminal penalties for knowingly employing, continuing to employ, or referring for a fee, persons who are unauthorized to work as established under the 1986 Immigration Reform and Control Act (IRCA). For all employees, it is necessary for the employer to comply with employment verification procedures by completing USCIS Form I-9.

Employment Authorization Document (EAD) - a work permit issued by USCIS to qualifying individuals after application. Employment authorization can only be granted if there is a relevant provision of law for that category, i.e. individuals with pending AOS or asylum applications, students who have been authorized for practical training, certain dependent visa (J-2, L-2) holders, persons granted temporary protected status (TPS), etc.

Employment Verification - process required of employers to confirm the legal employment status of all hires within three business days. In order to comply with this requirement, it is necessary to complete USCIS Form I-9 and to require the employee to show the documentation listed on the I-9. There are various documents, or combinations of documents, that may qualify according to the instructions on the form. Employers may not express a preference for one type of qualifying document over another; such a practice may constitute unlawful discrimination.

Entry Without Inspection (EWI) - The act of illegally entering the United States without inspection (examination of passport and entry document / visa by an immigration officer). All time spent in the U.S. after EWI is unlawful presence and an EWI foreign national generally is inadmissible unless s/he qualifies for a specific form of relief, such as §245(i).

EOIR - See Executive Office for Immigration Review.

Exchange Visitor - category of J-1 visa holder sponsored by U.S. Department of State (DOS)

Exchange Visitors Skills List - the U.S. Department of State (DOS) has identified specific fields that involve skills and knowledge that certain countries require. If a J-1 program involves one of those identified fields for an individual's home country, s/he will be subject to the two-year home residency requirement.

Executive Office for Immigration Review (EOIR) - Agency within the Department of Justice that incorporates both Immigration Judges presiding over removal proceedings and the Board of Immigration Appeals (BIA).

Foreign Residency Requirement - See Home Residency Requirement.



Family-Based (FB) Immigration - permanent residency (green card) process that is based on the relationship to a relative who is a U.S. citizen (USC) or lawful permanent resident (LPR). USCs can petition for their spouses, children of any age whether married or unmarried, siblings, or parents. LPRs can petition for their spouses and their unmarried children of any age. Family-based beneficiaries, other than immediate relatives, are subject to an annual quota or limit that can require them to wait many years, depending upon the category. (See also, Priority Date.)

Fiancé/e Visa (K-1) - special visa for one who is engaged-to-be-married to a U.S. citizen (USC). The USC first files a petition with a USCIS Service Center in the U.S. and the beneficiary is then interviewed at the consulate abroad. Though a nonimmigrant visa, the K-1 visa acts as an immigrant visa in that it enables one to enter and settle in the U.S. The process at the consulate is similar to that used for an immigrant visa, including medical exam. Within 90 days of the K-1 visa holder's arrival, s/he is required to marry the USC. S/he can then file the remaining paperwork for the green card. If, for any reason, the marriage does not happen, the K-1 visa holder must leave the U.S.

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