SAW: See Special Agricultural Worker.
Schedule "A" Occupations: The Department of Labor (DOL) has given DHS, authority to approve labor certifications for these occupations. These occupations are physical therapists, professional nurses and people of exceptional ability in the sciences or arts.
Second Preference: A category of family immigration (F2) for spouses, children and unmarried sons and daughters of lawful permanent residents. Visit our Family Based Immigration webpage for more info.
Section 213A: A section of the Immigration and Nationality Act (INA) which establishes that sponsors have a legal duty to support immigrants they want to bring (sponsor) to the United States. They must complete Form I-864, Affidavit of Support.
Sibling: Brother or sister.
Skills List: The Exchange Visitor Skills List (J Visas) is a list of fields of specialized knowledge and skills that are deemed necessary for the development of an exchange visitor's home country. When you agree to participate in an Exchange Visitor Program, if your skill is on your country’s Skills List you are subject to the two-year foreign residence (home-country physical presence) requirement, which requires you to return to your home country for two years at the end of your exchange visitor program, under U.S. law. Review the Exchange Visitor webpage to learn more.
Son/daughter (married/unmarried): In immigration law, a child becomes a son or daughter when he/she turns 21 or marries. A son or daughter must have once met the definition of a child. Under U.S. immigration law, an unmarried "son or daughter" is a person who was once a "child" but who is now 21 years of age or older. A "married son or daughter" is a person who also satisfied the definition of child, but who is also married, regardless of age.
Special Agricultural Worker: Farm workers in perishable products who worked for a specified period of time and were able to adjust status to lawful permanent resident according to the Immigration Reform and Control Act of 1986.
Special Immigrant: A special category of immigrant visas (E-4) for persons who lost their citizenship by marriage; persons who lost citizenship by serving in foreign armed forces; certain foreign medical school graduates; Panama Canal immigrants; and certain others. Visit our Employment-based Visas webpage for more information.
Sponsor: A sponsor can be one of the following:
- The petitioner (The petitioner must submit an I-864 or I-864EZ);
- A relative with a significant ownership interest in the petitioning entity (I-140s only); or
- A substitute in the case of a deceased petitioner. This person is approved as a substitute by USCIS only.
A sponsor is required to be at least 18 years old and domiciled in the United States, or its territories or possessions. (Note: A sponsor must be an individual and may not be an enterprise, business, or any other type of organization).
Sponsored Immigrant: An immigrant who has had an Affidavit of Support filed for him/her.
Spouse: Legally married husband or wife. A co-habiting partner does not qualify as a spouse for immigration purposes. A common-law husband or wife may or may not qualify as a spouse for immigration purposes, depending on the laws of the country where the relationship occurs.
State Workforce Agency: The agency or bureau in each State that deals with employment and labor issues. For the address of workforce agency in each State go to the U.S. Department of Labor, Foreign Labor Certification site.
Stepchild: A spouse’s child from a previous marriage or other relationship. In order for a stepchild to be able to immigrate as a “child,” the marriage creating the stepchild/stepparent relationship must have happened before the stepchild was 18 years of age.
Substitute Sponsor: A substitute sponsor is a sponsor who is completing a Form I-864 on behalf of an intending immigrant whose original I-130 petitioner is deceased after USCIS approved the Form I-130. The substitute sponsor can only be approved by USCIS.
Successor Mission: The International Security Assistance Force (ISAF) mission in Afghanistan ended on December 31, 2014, and the NATO-led Resolute Support Mission (RSM) began on January 1, 2015. Section 1227 of the National Defense Authorization Act (NDAA) for FY 2015 expanded the Afghan SIV program, authorized under section 602(b) of the Afghan Allies Protection Act of 2009, as amended, to certain Afghans who had been employed by ISAF, but did not provide for SIVs for Afghans employed by successor missions. Section 1216 of the NDAA for FY 2016 expands qualification to now include Afghans employed by ISAF successor missions. Certain Afghans employed by RSM, as well as any future successor missions to ISAF, may now qualify for the Afghan SIV program. Applicants who were employed by ISAF, RSM, or a successor mission, or a combination of these entities, must meet all of the SIV program requirements explained in Step 1 on the Afghan SIV Program webpage.
Surviving Parent: A child’s living parent when the child’s other parent is dead, and the living parent has not remarried.
SWA: See State Workforce Agency.
Tax-exempt: A condition of the law in which an organization or people in some kinds of work do not have to pay taxes which regular citizens or businesses must pay. Religious organizations are often tax-exempt.
Temporary Worker: A foreign worker who will work in the United States for a limited period of time. Some visas classes for temporary workers are H, L, O, P, Q and R. If you are seeking to come to the United States for employment as a temporary worker in the United States (H, L, O, P, and Q visas), your prospective employer must file a petition with DHS, USCIS. This petition must be approved by USCIS before you can apply for a visa. Select temporary workers to visit the USCIS website and learn more. Select temporary worker visas to go to the Department of State website to learn more, and review information about NAFTA workers (TN visa) and treaty traders/investors (E visas).
Termination of a Case: If the applicant fails to reply to the inquiry correspondence sent by the U.S. Embassy or Consulate, or the National Visa Center (NVC), termination of their visa application will begin. The U.S. Embassy or Consulate, or NVC, will first send a Follow-up Letter and Instruction Package to the applicant. If the applicant does not answer within one year, a termination letter is sent. At this point the applicant has one more year to activate the immigrant visa case. If there is no answer in one year, the case is terminated. You can stop termination of a case by notifying the U.S. Embassy or Consulate, or NVC, before the prescribed time period has lapsed, that the applicant does not want the case to be closed (terminated).
Third Country National: Someone who is not a U.S. citizen and not a citizen of the country in which he or she is applying for a visa. Suppose you are a Kenyan visiting Mexico. If you apply for a visa to visit the United States while you are in Mexico, we will consider you a third country national.
Third Preference: A category of family immigration (F3) for married sons and daughters of U.S. citizens and their spouses and children. Before 1992 this was known as fourth preference (P-4). Visit our Family Based Immigration webpage for more info.
Two-Year Home-Country Physical Presence Requirement: This refers to (J) exchange visitors who are required to return to their home country for two years at the end of their exchange visitor program, under U.S. immigration law. To learn more review the Exchange Visitor webpage.
Upgrade a Petition: If you naturalize (become a U.S. citizen) you may ask to change the petitions you filed for family members when you were a lawful permanent resident (LPR) from one category to another. This is called upgrading. For example, a petition for a spouse will be changed/upgraded from F2 to IR1. That is, the petition changes from a preference category with numerical limits to an immediate relative category without numerical limits. The applicant no longer has to wait for her/his priority date to be reached.
Upgrading a petition sometimes has consequences. A preference petition for a spouse permits derivative status for children. An immediate relative petition does not. You, the petitioner, would need to file separate petitions for each of your children.
Visa: A citizen of a foreign country, wishing to enter the United States, generally must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. Visa applicants will need to apply overseas, at the U.S. Embassy or Consulate, generally in their country of permanent residence. The type of visa you must have is defined by immigration law, and relates to the purpose of your travel. A visa allows a foreign citizen to travel to the U.S. port-of entry, and request permission of the U.S. immigration inspector to enter the United States. Issuance of a visa does not guarantee entry to the United States. The CBP Officer at the port-of-entry determines whether you can be admitted and decides how long you can stay for any particular visit. Visit our What Is A Visa? webpage for more information.
Visa Expiration Date: The visa expiration date is shown on the visa. This means the visa is valid, or can be used, from the date it is issued until the date it expires, for travel for the same purpose, when the visa is issued for multiple entries. This time period from the visa issuance date to visa expiration date as shown on the visa, is called visa validity. If you travel frequently as a tourist for example, with a multiple entry visa, you do not have to apply for a new visa each time you want to travel to the United States. As an example of travel for the same purpose, if you have a visitor visa, it cannot be used to enter at a later time to study in the United States. The visa validity is the length of time you are permitted to travel to a port-of-entry in the United States to request permission of the U.S. immigration inspector to permit you to enter the United States. The visa does not guarantee entry to the United States. The Expiration Date for the visa should not be confused with the authorized length of your stay in the United States, given to you by the U.S. immigration inspector at port-of-entry, on the electronic I-94 admission stamp or paper Form I-94, Arrival/Departure Record. The visa expiration date has nothing to do with the authorized length of your stay in the United States for any given visit.
There are circumstances which can serve to void or cancel the period of time your visa is valid. If you overstay the end date of your authorized stay, as provided by the DHS's U.S. immigration officer at port of entry, or USCIS, then this action on your part generally will automatically void or cancel your visa. However, if you have filed an application in a timely manner for extension of stay or a change of status, and that application is pending and not frivolous, and if you did not engage in unauthorized employment, then this normally does not automatically cancel your visa. If you have applied for adjustment of status to become a permanent resident alien (“green card” holder), you should contact USCIS regarding obtaining Advance Parole before leaving the United States.
Visa Numbers: Congress establishes the amount of immigration each year. Immigration for immediate relatives is unlimited; however, family and employment preference categories are limited. To distribute the visas fairly among all categories of immigration, the Visa Office in the Department of State distributes the visas by providing visa numbers according to preference and priority date. To learn more on how the numbers are created each month, review our Operation of the Immigrant Numerical Control System webpage.
Visa Validity: This generally means the visa is valid, or can be used, from the date it is issued until the date it expires, for travel for the same purpose for visas, when the visa is issued for multiple entries. The visa expiration date is shown on the visa. Depending on the alien’s nationality, visas can be issued for any number of entries, from as little as one entry to as many as multiple (unlimited) entries, for the same purpose of travel. If you travel frequently as a tourist for example, with a multiple entry visa, you do not have to apply for a new visa each time you want to travel to the United States. As an example of travel for the same purpose, if you have a visitor visa, it cannot be used to enter at a later time to study in the United States. The visa validity is the length of time you are permitted to travel to a port-of-entry in the United States to request permission of the U.S. immigration inspector to enter the United States. The visa does not guarantee entry to the United States. The Expiration Date for the visa should not be confused with the authorized length of your stay in the United States, given to you by the U.S. immigration inspector at port-of-entry, on the admission stamp or paper Form I-94 Arrival/Departure Record.
The visa expiration date has nothing to do with the authorized length of your stay in the United States for any given visit.There are circumstances which can serve to void or cancel the period of time your visa is valid. If you overstay the end date of your authorized stay, as provided by the DHS's U.S. immigration officer at port of entry, or USCIS, then this action on your part generally will automatically void or cancel your visa. However, if you have filed an application in a timely manner for extension of stay or a change of status, and that application is pending and not frivolous, and if you did not engage in unauthorized employment, then this normally does not automatically cancel your visa. If you have applied for adjustment of status to become a permanent resident alien (“green card” holder), you should contact USCIS regarding obtaining Advance Parole before leaving the U.S. See Visa Expiration Date.
Visa Waiver Program (VWP): Citizens of participating countries meeting the Visa Waiver Program requirements may be allowed to enter the United States as visitors for pleasure or business without first getting a visa. Visitors can stay only 90 days and cannot extend their stay. Go to our information on the Visa Waiver Program to learn more, or visit the Department of Homeland Security (DHS) website.
Voluntary Service Program: An organized project that a religious or nonprofit charitable organization does to provide help to the poor or needy or to further a religious or charitable cause. Participants may be eligible for B visas.
Waiver of Ineligibility: In immigration law certain foreign nationals are ineligible for visas to enter the U.S. for medical, criminal, security or other conditions and activities. Some applicants for visas are able to apply for permission to enter the U.S. despite the ineligibility. The applicant must apply for permission to enter the U.S. (waiver). See Classes of Aliens Ineligible to Receive Visas for more information.
Work Authorization: If you are not a citizen or a lawful permanent resident, you may need to apply for an Employment Authorization Document to prove you may work in the U.S. To learn more visit USCIS’s webpage.