Copyright © MURTHY LAW FIRM. All Rights Reserved

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

A|B|C|D|E|F|G|H|I|J|K|L|M|N|O|P|Q|R|S|T|U|V|W|X|Y|Z

For articles or NewsBriefs including any of these terms, please Search the highlighted word or abbreviation.





J-1 - Exchange Visitor nonimmigrant visa. J-2 is the dependent classification.



K-1 - Fiancé/e visa. K-2 is the dependent classification.

K-3 - nonimmigrant visa permitting the spouse of a U.S. citizen who is the beneficiary of a currently-pending I-130 immigrant petition to come to the United States




Labor Certification (LC) (now commonly referred to as PERM) - a competitive recruitment process for determining that there are not enough able, willing, and qualified U.S. workers for a specific position. Labor Certification is the necessary the first step for most Employment-Based permanent residency cases.

Labor Condition Application (LCA) - a form filed by the H1B employer with the U.S. Department of Labor (DOL) as part of the H1B petition process, making several attestations or promises. The employer agrees to pay the H1B employee the greater of (a) the actual wage paid to U.S. workers in the same position with the employer or (b) the prevailing wage for the position in that local area. The employer promises to provide the same working conditions to H1B workers as to U.S. workers, that there is no strike or work stoppage, and that notice of the LCA has been posted at the worksite. A copy of the LCA must also be given to the H1B worker. For employers defined as "H1B dependent" there are additional attestations with regard to recruitment and displacement of U.S. workers.

Lawful Permanent Resident (LPR; also, green card holder) - one having the right to reside permanently and work in the U.S. Unlike a U.S. citizen, however, an LPR does not have the right to vote and can be removed (deported) if, for example, convicted of certain crimes.

LCA - See Labor Condition Application.

Legacy INS - term used in reference to the Immigration and Naturalization Service (INS), prior to its being replaced by the United States Citizenship and Immigration Services (USCIS), following the enactment of the Homeland Security Act of 2002




Mandamus - 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.

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




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) - 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, but the Murthy Law Firm continues to obtain approvals for clients in this category.

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 - a person who legally enters the United States on a temporary basis in a specific class (i.e. visitor, student, worker). Many categories, such as visitor and student (not H1B or L-1), require one to show s/he has nonimmigrant intent. Under the law, one is presumed to be an immigrant unless s/he proves otherwise. It is this rule that makes it difficult to obtain tourist and student visas at consulates.

Nonimmigrant Visa (NIV) - 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.)

Notice to Appear (also, 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).

A|B|C|D|E|F|G|H|I|J|K|L|M|N|O|P|Q|R|S|T|U|V|W|X|Y|Z