Immigration Terms (N, O)
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.
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National Council Licensure Examination for Registered Nurses
See NCLEX-RN® Examination.
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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.
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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.
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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.
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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.
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no objection letter (See also, waiver.)
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.
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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).
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nunc pro tunc (sometimes, NPT)
Legal term in Latin, meaning “now for then.” Requests to change or extend status are supposed to be filed before expiration of the current nonimmigrant status, usually reflected on the foreign national’s I-94 card. Through mistakes, misunderstanding, or illnesses, however, this does not always happen as it should. In such an event, it is sometimes possible to request forgiveness and file for a backdated, nunc pro tunc, approval. Nunc pro tunc (NPT) is a discretionary remedy by which the USCIS permits a late filed request to change or extend status, based on the facts and extenuating circumstances presented.
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O-1 visa
Nonimmigrant visa classification for individuals of extraordinary ability in sciences, arts, education, business, or athletics. The O-2 visa is designed for support personnel of the O-1 visa holder and O-3 is the dependent classification for spouses and children.
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O*NET
Created in 1995 to convert the information of the detailed Dictionary of Occupational Titles (DOT) into a simpler and more user-friendly format. Effective March 28, 2005, PERM regulations require the use of the O*Net classification, rather than the DOT, to determine industry-norm for education, training, and experience in particular occupations. The O*Net system uses five job zones for Special Vocational Preparation (SVP) classification that are published on www.flcdatacenter.com.
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Optional Practical Training (also, OPT)
Type of authorized student employment. Curricular Practical Training (CPT) is another type. May be available during annual vacations, during the school year (generally after the first full academic year) and after completion of the study program. OPT must be authorized by the school and an Employment Authorization Document (EAD) must be obtained from the USCIS before the individual begins the employment.
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out of status
An imprecise term used loosely to describe a variety of very different situations in which a foreign national has failed to maintain valid nonimmigrant status, including overstay, entry without inspection, as well as the status of an H1B worker who has lost his or her job.
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overstay
The act of remaining in the United States past the expiration date on one’s I-94 card. For an F-1 or J-1 visa holder with an I-94 card marked D/S, an overstay occurs at the expiration of that program, including any practical training. An individual with D/S marked on the I-94 card does not begin to accrue unlawful presence until an official determination is made by the USCIS that s/he is no longer in status.