Immigration Terms (J, K, L, M)
J-1
Exchange Visitor nonimmigrant visa. J-2 is the dependent classification.
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K-1
Fiancé/e visa. K-2 is the dependent classification.
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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.
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labor certification (also, 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.
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labor condition application (also, 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.
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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.
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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.
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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.
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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.
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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.
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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.