Immigration Terms (P)
parole
An accommodation for special circumstances as opposed to Admission. Most common is advance parole. There are also other types of parole. Some examples are (1) being paroled into the United States to appear at an immigration hearing; (2) humanitarian parole, which can be granted on a case-by-case basis in truly urgent humanitarian circumstances, usually applied for when one is still in the home country. When paroled into the U.S., one is given an I-94 card with an expiration date, but is not given a particular nonimmigrant status. Rather, her/his status is parolee. Despite the date listed on the I-94 card, I-485 applicants with advance parole are allowed to remain in the U.S. in a period of authorized stay for the duration of the application process.
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parolee
One who has been paroled into the U.S. (See also, Parole.)
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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.
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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.
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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.
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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.”
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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.
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preconceived intent
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.
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prevailing wage
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.
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private bill
Bill that restricts applicability, usually to only one or a very small group of individuals. If it is passed, it becomes a private law.
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port of entry (POE)
The location in the U.S., where one applies for entry and shows his/her documents to the CBP Inspector. It can be at an airport, sea port, or a land border.
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priority date (PD) – (See DOS Visa Bulletin on MurthyDotCom.)
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.
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public charge
One who is dependent upon government assistance. Public charge is one of the grounds for inadmissibility.
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public law
A public bill or joint resolution that is enacted into law. Public laws have general applicability.
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PWD
Prevailing wage determination (See prevailing wage.)