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

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Temporary Protected Status (TPS) - special program protecting nationals of certain designated countries from removal (or deportation) from the U.S. in emergency situations. TPS also enables these persons to obtain authorization to work in the U.S. TPS is not a program for admitting people from abroad, as one must be in the U.S. There is a set procedure for designating a particular country, based upon a determination by the Attorney General (AG) of the U.S. For each country, there are set requirements as to proving one was present in the U.S. on a certain date. TPS is for a limited duration, but if the circumstances warranting the initial designation of TPS are still in existence in the particular country, the AG can extend the designation and the beneficiaries can then reregister.

Test of English as a Foreign Language/Test of Written English - See TOEFL/TWE.

Test of English in International Communication (TOEIC) - an examination that tests the listening and reading comprehension skills of non-native English speakers. The TOEIC is administered by The Chauncey Group at testing centers worldwide. The TOEIC is one of the approved exams that satisfies the English language proficiency requirements for obtaining a CGFNS Certificate and satisfies the written English examination requirements for the VisaScreen Certification.

TOEFL/TWE (Test of English as a Foreign Language/Test of Written English) - an examination that measures the ability of non-native speakers of English to use and understand North American English. The test is administered by ETS (Educational Testing Services) and is offered throughout most regions of the world. The computer-based TOEFL/TWE consists of four sections: listening, structure, reading, and writing. The TOEFL and the TWE are currently administered together. The TOEFL/TWE is one of the approved exams that satisfies the English language proficiency requirement for obtaining a CGFNS Certificate and satisfies the written English examination requirements for the VisaScreen Certification.

TOEIC - See Test of English in International Communication.

TPS - See Temporary Protected Status.

TSE (Test of Spoken English) - an examination that measures the ability of non-native speakers of English to comprehend and respond to spoken English. The TSE is administered by ETS (Educational Testing Services) and is offered throughout most regions of the world. The TSE is one of the approved exams that satisfies the spoken English language proficiency requirement for obtaining the VisaScreen Certification.




U.S. citizen (USC) - one who is born in or naturalized to the United States of America (U.S.) and is subject to U.S. jurisdiction, owes allegiance to the U.S., and is entitled to full civil rights under U.S. law. Significant examples of those rights include the right to vote, the right to be a candidate in elections, the right to hold a U.S. passport, and eligibility to be considered for U.S. government jobs that may require U.S. citizenship. Note: One born in the U.S. to parents holding diplomatic status as representatives of a foreign government is not subject to U.S. jurisdiction. Such a person would not be a USC at birth.

U.S. Citizenship and Immigration Services (USCIS) - government agency under the U.S. Department of Homeland Security, resulting from the Homeland Security Act of 2002, responsible for the processing of all immigration-related benefits.

U.S. Customs and Border Patrol (CBP) - Office under the U.S. Department of Homeland Security, that assumed Legacy INS's Port of Entry (POE) duties on March 1, 2003. (formerly, Bureau of Customs and Border Patrol or BCBP)

U.S. Department of Homeland Security (DHS) - Agency created to protect the United States against terrorism. The DHS encompasses the U.S. Citizenship and Immigration Services (USCIS), the U.S. Immigration and Customs Enforcement (ICE), and the U.S. Customs and Border Patrol (CBP).

U.S. Department of Labor (DOL) - the government agency (at both the federal and state levels) in charge of the Labor Certification process for the green card, which also processes the LCA form for the H1B.

U.S. Department of State (DOS) - the federal agency in charge of the U.S. Embassies and Consulates worldwide. Overseas, DOS issues visas to foreign nationals, and assists U.S. citizens abroad. The DOS can reissue visas within the U.S. in some instances. Also, in the U.S., the DOS is in charge of administering J-1 programs, including HRR issues and waivers.

U.S. Immigration and Customs Enforcement (ICE) - The government agency under the U.S. Department of Homeland Security that began on March 1, 2003, to perform the functions of the former U.S. Customs Service, Federal Protective Service, and enforcement duties of Legacy INS.

Unlawful Presence - most commonly, being in the U.S. after entering without inspection or after staying past the expiration date on an I-94 card, though there are other, special situations of unlawful presence as well. As defined under the Illegal Immigration and Immigrant Responsibility Act (IIRAIRA) of 1996, unlawful presence is very complex with at least two Legacy INS memos about it. It is also known as a period of stay not authorized by the Attorney General. (See also, overstay.) Note: One who was unlawfully present for 180 days and then leaves voluntarily, before being placed into removal proceedings, is subject to a three-year bar on returning to the U.S. If the period of unlawful presence is a year or more, then the bar is for ten years. A Duration of Status overstay does not qualify as unlawful presence unless an actual determination is made by the USCIS or IJ.

USC - See U.S. Citizen.

USCIS  - See U.S. Citizenship and Immigration Services.




Visa - a stamp in one's passport indicating authorization to come to the U.S., either in a particular nonimmigrant status or as an immigrant (LPR). Note: A visa is not a guarantee that one will be permitted to enter.

Visa Bulletin - published monthly by the U.S. Department of State (DOS) Visa Bulletin to show the movement of priority dates for the various family and employment preferences. When a case that is current one month is not current the next month, this is said to have retrogressed.

Visa Lottery - See Diversity Visa.

VisaScreen Certificate - a document that can be presented to a consular office or, in the case of adjustment of status, the attorney general, as part of a visa application. The VisaScreen Certificate evidences that the holder has completed a required screening program for health care professionals, other than physicians, in order to qualify for certain occupational visas. Screening includes an assessment of the applicant's education to ensure it is comparable to a U.S. graduate in that same profession; verification that licenses are valid and unencumbered; English language proficiency; and, in the case of nurses, verification that the nurse has either earned a CGFNS Certificate or passed the NCLEX-RN® Examination.

Visa Waiver Program (VWP) - program enabling travelers from certain countries to visit the U.S. for business or pleasure for up to 90 days without a Visa. The list of countries changes from time to time. A VWP traveler is not allowed to extend her/his stay or change statuses in the U.S.

Voluntary Departure - 1) as granted in removal / deportation proceedings, the lowest level form of relief, allowing one to leave the U.S. voluntarily, at his/her own expense, by a particular date. If a person fails to depart by the date specified, then the voluntary departure order would generally become a removal order. Leaving, or being expelled, after a removal order has been issued carries a bar on returning to the U.S., and it is difficult to have that bar waived. In contrast, leaving under a grant of voluntary departure is more favorable, though there may still be legal and practical problems in returning to the U.S. Each case is different, depending upon the particular facts. 2) administrative voluntary departure is a second type, which can be applied for in appropriate circumstances for a person who has not been placed into proceedings from the local District Director at USCIS.



Waiver - an exception to a rule, granted on a case-by-case basis. Waivers are discretionary and most types are very difficult to obtain. Particular waivers are set forth in various sections of the immigration law and each has its own criteria. An example of a complex waiver is if a person would otherwise be inadmissible to the U.S. but requests an exception to avoid family hardship. In contrast, the Visa Waiver is quite simple.

Withdrawal - the process of reversing a filed application when the applicant changes his/her mind. Generally withdrawal requires only a letter requesting that the case be withdrawn from consideration. Note that the government filing fees are not returned.

Work Permit - an informal term for what is more properly known as an Employment Authorization Document (EAD).



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