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Advising International Students

Advising International Scholars and Faculty

Non-Immigrant Employment Process

Glossary of Terms

 

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Photo: J. Mimura

 

Glossary of Terms

The following is a list of frequently used immigration terms. This information is very general. Please consider that rules and regulations limit the applicability of these terms. For any specific questions, please contact the IC. Information is subject to change.

 

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I M M I G R A T I O N   T E R M S
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12 MONTH BAR: Not eligible for new program in Research Scholar or Professor category if present in U.S. in any J category for any or part of the previous 12 months; exceptions: 1) Short-term Scholar; 2) Is transferring in J-1 status

24 MONTH BAR: This bar states that when a J-1 scholar (Research Scholar or Professor) ends a J program at any time up to the 5 years maximum, the scholar cannot begin a new J program (Research Scholar or Professor category) for 24 months.
Favorable option- use J-1 Short-term Scholar category when scholar come to UCI for less than 6 months

ACADEMIC TRAINING: Employment authorization granted to J-1 students by the Responsible Officer/Alternate Responsible Officer in the student's field of study.

ADMISSION/DEPARTURE NUMBER: The number on a non-immigrant's I-94 card. Most non-immigrants retain the same number even after travel and/or change of status.

ADJUSTMENT OF STATUS: Process of changing from non-immigrant to immigrant status while in the U.S.

ALTERNATE RESPONSIBLE OFFICER: See "Responsible Officer."

ARRIVAL-DEPARTURE RECORD (FORM I-94): Issued at port of entry to non-immigrants, it is approximately 3.5” X 4.24” piece of white paper usually stapled in the passport by the entry visa indicating: the non-immigrant status; expiration of stay in the U.S.; date and place of admission to the U.S.; may also indicate extensions of stay authorized; change of status; and any other USCIS actions affecting the visitor.

ASYLEE: An individual in the U.S. or at a port of entry unable or unwilling to return ti his/her country of nationality, or to seek the protection from that country because of persecution or a well-founded fear of persecution.

CHANGE OF STATUS: An application submitted to USCIS within the U.S. to change from one non-immigrant visa to another non-immigrant visa.

CURRICULAR PRACTICAL TRAINING (CPT): Employment authorization granted to F-1 students that allows a student to engage in internship that is an integral or required part of their curriculum.

DEFERRED INSPECTION: Process in which an international visitor's entry inspection is conducted at a date other than the date entered the U.S. A visitor appearing to be inadmissible to the inspecting officer is paroled in and allowed to enter the U.S. Parole does not constitute a formal admission to the U.S. and confers temporary admission status only. The individual will alter need to appear at a USCIS office where more information is available and the inspection can be completed.

DEPARTMENT OF LABOR (DOL): The government agency involved in the H-1B application process.

DEPARTMENT OF STATE: The Department of State was established in 1789 to advise the President of the United States on the formulation and execution of foreign affairs. It is responsible for carrying out U.S. foreign policy at home and abroad.

DEPENDENTS: Spouse, unmarried dependent child under 21 years of age.

DESIGNATED SCHOOL OFFICIAL (DSO): An employee at a designated school responsible for the administration of the school's foreign-student program.

DS-2019: Certificate of Eligibility for Exchange Visitor (J-1) Status. This document is for obtaining a J exchange visitor visa and obtaining and maintaining J non-immigrant status.

DURATION OF STATUS (D/S): Given to F-1 students and J-1 exchange visitors and their dependents. Permits F-1 students to stay in U.S. until the completion date of educational objective stated on the I-20, and any approved periods of practical training plus 60 days to depart the U.S. Permits J-1 exchange visitors to complete their objectives and stay in the U.S. until date of IAP-66 plus 30 days to depart the U.S.

EDUCATIONAL COMMISSION FOR FOREIGN MEDICAL GRADUATES (ECFMG): sheila!!!

EMPLOYMENT AUTHORIZATION DOCUMENT (EAD): Authorizes the bearer to work in the U.S. It is not evidence of citizenship or permanent residence. The document is issued by USCIS.

EXCHANGE VISITOR: A foreign national coming temporarily to the U.S. as a participant in a program (J-1) approved by the Secretary of State for the purpose of teaching, research, or studying.

EXCHANGE VISITOR PROGRAM: The international exchange program administered by the DOS to implement the Fulbright-Hays act by means of educational and cultural program.

EXCHANGE VISITOR SKILLS LIST: Official list of countries and specific fields of knowledge and skills needed in each country. Exchange Visitors (J-1, J-2 status) with skills from countries on the Skills List are subject to the Two Year Home Country Residency Requirement.

EXTENSION OF STAY (EOS): Short-term scholar: 6 months max.
Professor/Research Scholar: 5 years max.
(Scholar has a 30 Day Grace Period after completion of program to remain in the U.S. for own personal business)

GREEN CARD: Term used to refer to as Alien Registration Receipt Card Form I-551 (Forms I-151, AR-3 or AR-103 should have been replaced with I-551 by September 20, 1994). Issued by USCIS as evidence of lawful immigrant status. It shows the name, photo, fingerprints and signature of holder and has colored printing superimposed over a white background.

IMMIGRANT: An alien admitted to the U.S. as a lawful permanent resident. Immigrants are those persons lawfully accorded the privilege of residing permanently in the U.S. They may be issued immigrant visas by the DOS overseas or adjusted to permanent resident status by USCIS.

IMMIGRATION REFORM & CONTROL ACT (IRCA) OF 1986: Law passed in order to control and deter illegal immigration to the U.S. One major provision stipulates sanctions for employers who knowingly hire undocumented workers.

USCIS: U.S. Citizenship and Immigration Services (USCIS) formerly INS.

NON-IMMIGRANT STATUS: Classification issued to one who had been granted temporary admission to the U.S. for a specified purpose (e.g. F-1 for study, H-1 for working) and requires departure from the U.S. when the purpose of the temporary stay has been accomplished.

An alien who seeks temporary entry to the U.S. for specific purpose. the alien must have a permanent residence abroad and qualify for the non-immigrant classification sought.

OPTIONAL PRACTICAL TRAINING (OPT): Employment authorized for F-1 students by USCIS based on recommendation from the DSO for employment in a student's field of study. Students are issued an EAD card.

PASSPORT: A travel document issued by government entity showing bearer's origin, identity, and nationality, if any, which is valid for entry of the country. Passports of all non-immigrants must be kept valid for a minimum period of six months into the future unless agreements are made between governments to the contrary. The IC recommends that passports are kept valid for at least six months into the future.

PORT OF ENTRY: Any location in the U.S. or its territories which is designated as a point of entry to the U.S.

PROFESSOR: An individual primarily teaching, lecturing, observing or consulting at a post-secondary accredited education institution. The research scholar may also conduct research, unless disallowed by the sponsor.

REFUGEE: Any person who is outside his/her country of nationality who is unable or unwilling to return to that country because of persecution or a well-founded fear or persecution. Application is completed while the individual is outside the U.S.

REINSTATEMENT: Process by which a student or scholar on F-1 or J-1 status, who has fallen out of status for an infraction that is reinstated back to legal F-1 or J-1 status.

RESEARCH SCHOLAR: An individual primarily conducting research, observing or consulting in connection with a research project at a research institution. The Research Scholar may also teach or lecture, unless disallowed by the sponsor.

RESPONSIBLE OFFICER: Employee of a designated sponsor who has been listed with DOS as assuming the responsibilities and administration of a designated exchange visitor program (J-1 visa).

SHORT-TERM SCHOLAR/VISITOR: A professor, research scholar, specialist, or person with similar education or accomplishments coming to the U.S. on a short visit for the purpose of lecturing, observing, consulting, training or demonstrating special skills at research institution or post-secondary accredited educational institution.

SPONSOR: A legal entity designated by DOS to conduct an Exchange Visitor Program (J-1).

STUDENT: A non-immigrant class of admission. An alien? coming temporarily to the U.S. to pursue a full course of study in a an approved academic, vocational language training and/or other recognized non-academic institution.

TRANSFER (F-1): A process whereby the student meets specific conditions to change visa documents from one U.S. institution to another U.S. institution.

TRANSFER (J-1): A process in which an institution releases a participant in the Exchange Visitor Program to participate at another institution's Exchange Visitor Program, limitations apply.

TWO YEAR HOME COUNTRY PHYSICAL PRESENCE REQUIREMENT: Exchange Visitors financed in whole or in part by the U.S. Government or their home government, or have skills listed on the USIA's Exchange Visitor Skills List are not eligible for immigrant visa, or temporary worker (H-1B status) in the U.S. until they have resided and been physically present in their country of nationality or last permanent residence for at least two years after leaving the U.S.

2 YEAR HOME RESIDENCY: Exchange visitors who are subject to this bar must “reside and be physically present” in their “home” country for a aggregate of two-years before being eligible for certain immigration benefits (H, L, or permanent resident). Those subject to this rule cannot apply for a change of immigration status while inside the U.S. This requirement can be satisfied by returning home for the two-year period, or applying for a waiver.

VISA (VISA STAMP): Issued by the Department of State at a United States Embassy or Consulate. Refers to stamp in passport. Must be valid to ENTER the U.S.; has no bearing on length of stay in U.S.

This "visa" that allows a foreign individual to legally remain in the U.S.

WAIVER TO 212(e) TWO-YEAR HOME RESIDENCY REQUIREMENT: If an individual obtains a "waiver," which means he/she is no longer required to meet the two-year home residency requirement.

 

 

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