Immigration Terms (Q, R, S, T)

reduction in recruitment (RIR)

Formerly, this was one of two types of labor certification (LC). For the RIR the employer advertised prior to filing the LC application. It was also necessary to show a shortage of qualified workers in the local area. A case that was denied as RIR would then be processed as a regular LC case.

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reentry permit

A document issued for the purpose of maintaining one’s LPR status, despite a lengthy trip abroad. If an LPR is going abroad for up to two years, it is possible to apply for this permit while still in the U.S. and use it when returning to facilitate reentry. Without a reentry permit, a trip abroad of over six months can lead to problems at reentry and one may be called upon to prove continuous U.S. residence. Note: While a Reentry Permit can help to maintain the LPR status, the long trip abroad can still result in a longer wait to qualify for U.S. citizenship. For maintaining residence for naturalization purposes, there is another type of application that can be filed only in limited circumstances.

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refugee

By legal definition, one who is unable or unwilling to return to the home country due to persecution, past persecution, or a well-founded fear of future persecution, based upon race, religion, nationality, political opinion, or membership in a particular social group. While often used to define one who flees his or her country, this is the definition under international convention / treaties. One may apply for refugee status from abroad to be admitted to the United States in that status, or, if in the U.S., one would apply for Asylum. In order to qualify for Asylum, one must meet the definition of refugee. (See also, Asylum.)

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refugee travel document

Authorization that can be used instead of a passport by a refugee or asylee. One who has fled the home country may not have obtained a passport before leaving and it may be impossible or impractical to obtain one later, since the application would need to be made to the government of the persecuting country. In lieu of the passport, it is possible to apply to the U.S. government for the refugee travel document. A United Nations travel document may be another possibility.

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removal

Formerly referred to as deportation. The Illegal Immigration and Immigrant Responsibility Act of 1996 (IIRIRA) introduced “removal” instead of the former term. Deportation and removal are still frequently used interchangeably, despite the significant legal differences between the two terms. Under IIRIRA, persons seeking admission to the United States, or persons who were admitted but are removable (i.e. overstay, or for certain criminal convictions) are placed in removal proceedings. Removal proceedings are conducted by immigration judges under the auspices of the Executive Office for Immigration Review (EOIR).

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request for evidence (RFE)

A notice from USCIS requesting more information or clarification with respect to an application or petition that was filed.

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retrogression

The movement of the availability of priority dates backward in time, so that a case that is current one month is not current the next. The U.S. Department of State (DOS) visa bulletin lists the priority dates for which visa numbers are available on a month-to-month basis. If an individual’s priority date is on or before the date listed in the visa bulletin for the category in which s/he is eligible to pursue permanent residence through either the I-485 or consular processing for an immigrant visa during that month.

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SEVIS (Student and Exchange Visitor Information System)

It is an internet-based system used by the Department of Homeland Security (DHS) to record all significant events in the educational careers of international students while they are in the United States. Designated school officials (DSOs), consular officers of the U.S. Department of State, and officials of the DHS have access to the database. SEVIS collects information such as biographical data, academic status, dates of entry, employment, completion of studies, transfers and other information and significant events that transpire during the course of an international student’s academic career.

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State Workforce Agency (SWA)

Division of the U.S. Department of Labor with jurisdiction over a specific state. An H2B labor certification is filed with the local SWA. For PERM labor certifications, a Prevailing Wage Determination (PWD) must be requested from the SWA and a job order must be placed with the SWA.

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status

Controlled by the I-94 card and given by the CBP officer at the port of entry when one arrives in the United States. One’s status can also be changed or extended, in appropriate circumstances, by the USCIS from within the U.S. The terms visa and status are sometimes used interchangeably but the two concepts are very different, a visa controls one’s ability to enter the United States, while one’s status controls his/her ability to remain inside the U.S. Note: There are many nonimmigrant visa statuses, from A through V, and there are also lawful permanent resident (LPR) status, conditional permanent resident status, asylee or refugee status, temporary protected status, etc. See About Visas and Statuses for more detail.

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successor-in-interest

A person or entity assuming the rights and responsibilities of another. For example, if a corporate merger creates a new entity, that new company may be a successor-in-interest. If a company is sponsoring employees, such as for the H1B or the green card, the successor employer is required to assume all immigration-related responsibilities / liabilities, even if it does not assume all corporate responsibilities. Note: The determination of whether a company is a successor-in-interest can have a significant impact upon an individual’s current nonimmigrant status and ability to continue the green card process. If one’s company is about to undergo a corporate restructuring of some kind, be it a simple name change or a merger / acquisition, an attorney should be consulted regarding all potential immigration ramifications of the change.

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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.

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TPS

See Temporary Protected Status.