Immigration Terms (F, G, H)
foreign residency requirement
See Home Residency Requirement.
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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.)
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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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green card
Synonym for the lawful permanent resident card, which is evidence of lawful permanent resident (LPR) status. The term comes from the former practice of issuing cards that were green in color. If one files for adjustment of status (I-485), then s/he becomes an LPR upon approval of that application. If one goes through consular processing, then s/he becomes an LPR from the time when s/he enters the U.S. with the immigrant visa from the consulate. (See Green Card Section on MurthyDotCom.)
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H1B visa
The most commonly used type of temporary work visa. To qualify for the H1B, the position must require at least a bachelor’s degree in a related field and one must have earned that degree or its equivalent. Although there is no list of specific occupations, the H1B is intended for professional positions, i.e. teachers, accountants, computer professionals, physicians, therapists, market research analysts, financial analysts, and architects. The employer files a petition on the individual’s behalf and, on that basis, the individual is either granted the H1B status or issued an approval for consular processing. (See also, H1B status issues articles on MurthyDotCom.)
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H1B cap
An annual limit on the number of new H1B visas that can be granted in each fiscal year. There are certain types of sponsors that are exempt from the annual cap and the first 20,000 (at the time of this writing) beneficiaries who have earned masters’ (or higher) degrees from U.S. institutions are exempt from the cap.
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home residency requirement (HRR)
The requirement for certain J visa holders to return to the last previous country of residence for a minimum of two years before eligibility (with certain exceptions) to change status, adjust status, or apply for an immigrant visa as stipulated under section 212(e) of the Immigration and Nationality Act. This requirement applies to any individual whose program was funded, at least in part, by a U.S. government agency or the home country of the individual; to any individual participating in graduate medical training; and to programs involving a filed of study listed in the Exchange Visitor’s Skill List for her/his home country. Note: If one is subject to the HRR, a waiver may be possible under certain circumstances.