Glossary of Terms

See "American Competitiveness in the 21st Century Act."

For individuals completing the permanent residence process in the U.S., this is the final stage USCIS filing in the process of getting permanent residence. USCIS at this stage checks to ensure that there are no grounds of inadmissibility or ineligibility for the Adjustment process. Procedurally, this is accomplished by filings the form I-485.

The stamp placed into an I-94 card or passport upon entry (see I-94 Card)

A travel document, normally applied for along with an application to Adjust Status to Permanent Residence. This allows most applicants to travel during the time the Application to Adjust Status is pending without abandonment of this application (exception: those with a valid H or L visa can travel safely even without an Advance Parole).

The term used by most U.S. government agencies involved in immigration matters - and many individuals and organizations not part of the government - to refer to an individual who is not a citizen or a national of the United States. The term has taken on a negative connotation, and tends to be dehumanizing - we therefore use the term "foreign national" throughout this web site.

A law passed in the year 2000 which contained a great many provisions - mostly beneficial to foreign nationals and employers. Among the most important provisions: An increase in the H-1B cap for a three-year period. An H-1B nonimmigrant who is running out of the allowable six years of H-1B time but who has filed some form of permanent residence application or petition before the beginning of the sixth year may get additional H-1B time (one year increments if simply waiting or processing of a labor certification or I-140 to complete, three years at a time if waiting for a priority date to become current). An H-1B nonimmigrant who wished to switch employers could in most cases begin work with the new employer as soon as the H-1B amendment petition is on file. A foreign national with an adjustment of status application pending more than 180 days may change employers without forfeiting the existing permanent residence case as long as the I-140 has been or is eventually approved and the new position is in the same basic field.

Often referred to as the "I-485," which is the number of the primary government form used in filing this application is filed. The application with which Adjustment of Status to permanent residence is requested.

Nonimmigrant visa permitting admission as a visitor for business or visitor for recreational purposes, respectively. Usually for a very limited period of time, and often difficult to get if the applicant cannot convince the consulate of ties to their home country and intent to return to that home country at the end of their period of stay.

The two centralized processing facilities set up by the U.S. Department of Labor to process older-style, pre-PERM labor certifications (both traditional recruitment and Reduction-in-Recruitment) after the PERM program was implemented and the old program shut down. The State Workforce Agencies ("SWAs") and the Regional Certifying Officers under the old labor certification system had a tremendous backlog of cases file under the older method, and the centralized BECs were the Department of Labor's chosen method of processing these cases in an efficient manner. By the end of 2007, they had largely completed their work and were effectively shut down.

As used in immigration, a prohibition against re-entry into the U.S. after leaving. For instance, a foreign national who accrues 180 days of "unlawful presence" in the U.S. and then departs is subject to a three-year bar to reentry (the person cannot return to the U.S. for three years from departure). There is a ten year bar for departure after one year of unlawful presence, and other bars of varying lengths are applicable to other circumstances.

A form of the intracompany transferee visa where a company meeting certain criteria can petition USCIS for advance approval that the U.S. entity and a list of foreign entities submitted qualify as related entities for L-1 purposes. Then, when the company plans on bringing a foreign national to the U.S. under the L-1 Blanket, the individual can apply directly to the U.S. consulate without first needing to go through USCIS - and in doing so need only prove that they have been with the overseas related entity for the required time and that the proposed U.S. employment is either executive/managerial or specialized knowledge in nature.

The act of changing from one valid nonimmigrant visa type to another nonimmigrant visa type while present in the U.S. (for instance, after completing a baccalaureate academic degree in F-1 Student status, a foreign national might obtain a job offer from a U.S. company and - through the company - file a petition for change of status from F-1 to H-1B).

The idea that the use of an immigrant visa by a person born in a foreign country is "chargeable" to that country's allotment. Immigrant visas under the preference classification system are allotted to each foreign country individually as well as by preference classification. An explanation of how the preference classification system works can be found in our Priority Dates and Preference Classes Explained FAQ.

Citizenship and Immigration Services, the name used by the current USCIS when it was first transferred from the U.S. Department of Justice to the newly-created Department of Homeland Security in March of 2003. The name was later changed to US Citizenship and Immigration Services.

The most comprehensive level of status an individual can attain in a country. In the U.S., citizenship carries all the rights of permanent residence plus the right to vote in national elections and eligibility for certain other benefits. Once granted, it can generally only be taken away on grounds of fraud committed in obtaining citizenship.

A type of permanent residence granted for a two-year period to the foreign national spouse of a U.S. citizen, if the marriage is less than two years' duration at the time of the permanent residence interview. Shortly before the end of the two-year Conditional Permanent Residence period, the couple will normally need to jointly petition to remove the conditions. Once the conditions are removed, the foreign national spouse is awarded unconditional permanent residence status.

Where the law presumes that an individual or entity has knowledge of some fact, regardless of whether the individual or entity actually knows that fact. Constructive knowledge often comes up in the context of sanctioning employers for employing foreign nationals who are unauthorized to accept employment, where circumstances indicate that the employer should have known (or should have asked) about the employee's lack of employment authorization.

Literally, the country in which you were born. This is not necessarily your country of nationality or country of citizenship - your nationality or citizenship can change through your own actions (or even the actions of your parents after your birth). Your country of birth is determined at birth and never changes. Country of Birth is important because it determines to which country your immigrant visa would be charged. Changing citizenship or nationality will not change immigrant visa chargeability; an individual born in India or China - two countries which frequently see backlogs - cannot change his or her situation by obtaining Canadian Landed Immigrant status.

Country in which you currently hold the status of citizen, as opposed to Country of Birth or Country of Nationality.

A visa granted to immediate family (spouse and children) of a principal visa holder so that they may accompany the principal visa holder to the U.S.

The legal theory, only applicable to certain nonimmigrant visas (primarily the H-1B and the L-1), that you can simultaneously want to remain temporarily in the US in nonimmigrant visa status while at the same time eventually wanting to remain in the US as a permanent resident. You must be on a dual intent visa to remain in the US and work while a permanent residence process is ongoing. For this reason, a permanent residence process should not be started while the individual for whom the case is filed remains in TN or F-1 status - neither of these visas are dual intent.

Often noted as "D/S" on the I-94 card, Duration of Status refers to certain situations where the length of the period of legal stay is determined by something other than USCIS assignment of an ending date to the approved period of stay. This is most commonly seen with F-1 and J- visas, where the length of stay is determined by the duration of the educational (F-1) or exchange visitor (J-1) program in which the foreign national is enrolled. Contrast this with H-1B or L-1 visas, where the length of the authorized period of stay is determined by USCIS or the Department of State at the time the petition is granted.

Nonimmigrant Treaty Trader/Treaty Investor Visa. These nonimmigrant visas are available only where explicitly permitted by treaty with the home country of the potential applicant.

See Employment Authorization Document, below.

The right to legally accept employment in the U.S. This right is in some cases conveyed along with another status (H-1B visas, L-1 visas, permanent residence) or conveyed separately (the filing of an Application to Adjust Status to Permanent Residence does not in itself convey authorization to accept employment, but it can form a basis for applying for an Employment Authorization Document or "EAD"). Employment Authorization may be unrestricted, meaning you can work for any employer (an EAD or permanent residence), or restricted meaning it is granted only for one specific employer (all nonimmigrant visas - H-1B, L-1A, etc. - which permit employment incident to status). There are some nonimmigrant visas which do not convey employment authorization incident to status but allow the holder to apply for employment authorization, most notably the F-1 student visa in certain circumstances and the J-2 and L-2 derivative visas.

Also commonly called a "work permit," the legal document which serves as evidence of the right to accept U.S. employment. This document takes the form of a small card which looks like a drivers' license, with a photograph and a single-finger fingerprint of the foreign national to whom the card is issued.

Nonimmigrant Student visa. Allowable period of stay in the US for this visa is normally indicated as "Duration of Status" or "D/S" - this means the period of authorized stay is limited by the duration of the educational program the person was admitted to attend. The I-20 form issued by the school indicates this period, and is needed for admission to the U.S.

Like the term "Alien" this term refers to one who is not a citizen or national of the United States.

Reasons written into the law why an individual foreign national would not be permitted to enter the U.S. These reasons might be medical, financial (inability to support oneself here without public assistance), or criminal. These grounds apply to entry into the U.S. for any reason - from a brief visit on a B-1/B-2 visitor via to adjustment of status to permanent residence (though as a practical matter, they are still more likely to be caught at the permanent residence stage in spite of heightened security checks for nonimmigrant visas). Waivers are available for certain grounds of inadmissibility in some circumstances.

Nonimmigrant Specialized Knowledge Visa. This is the most commonly used professional worker visa. To be eligible for this visa, the employer must make certain attestations necessary to get a Labor Condition Application approved by the Department of Labor. Also, with the exception of fashion models, the job must require at least a U.S. Bachelor's-level degree or the equivalent and the proposed foreign national employee must have at least a U.S. Bachelor's degree or the equivalent.

Nonimmigrant visa for professional Registered Nurses. Requires that the job location be in a designated Health Professional Shortage Area ("HPSA").

Nonimmigrant visa for temporary, seasonal non-professional agricultural workers.

Nonimmigrant visa for temporary, seasonal workers of a non-agricultural nature (for example, athletes playing season-specific sports).

Nonimmigrant visa for trainees. Individual must be coming to the U.S. to participate in structured training program with well-defined curriculum.

The derivative visa for the other H classifications which allows immediate family members to enter with the principal visa holder.

Nonimmigrant visa for journalists or other representatives of foreign information media entering solely to engage in their vocation. Derivative family members given the same visa, with the spouse permitted to work as well.

The form issued by USCIS to provide notice of some activity on a case filed with that agency. This can be a Receipt Notice (acknowledging receipt of the filing fee and providing the case number), an Appointment Notice (for a biometric or interview appointment) or an Approval Notice (providing notice that an application or petition has been approved), among other possible notices.

A small card placed in the passport upon admission to the US of a non-permanent resident, upon which is written the status in which admitted and the expiration state of that status. When a nonimmigrant visa is renewed in the US through Citizenship and Immigration Services, the Approval Notice contains a new I-94 with a new expiration date, which supersedes the one placed into the passport on entry.

The 11-digit number on the I-94 card, normally required on requests to CIS for extension or change of current legal status.

A foreign national who possesses the intent to permanently reside in the United States, rather than simply to remain in the U.S. for a limited period of time. Alternatively, the term is often used to describe someone who has already achieved permanent residence status in the U.S. or who has naturalized as a citizen.

The intent to remain in the U.S. on a permanent basis rather than to remain only temporarily. Most nonimmigrant visas require that the applicant for admission in that nonimmigrant status have nonimmigrant intent rather than immigrant intent. A few nonimmigrant visas permit future immigrant intent and so allow a foreign national present in that nonimmigrant status to be in the process of applying for permanent residence while here.

The visa which allows an individual to obtain U.S. permanent residence. A limited number of immigrant visas are available every year and are allotted by preference category and by country of birth. An explanation of how the preference classification system works can be found in our Priority Dates and Preference Classes Explained FAQ.

A nonimmigrant visa for exchange visitors, intended to provide an interchange of knowledge, ideas and cultures. In some cases the J-1 carries a two-year home country residence requirement, meaning that the J-1 holder must return to his or her home country for two years before changing status to most other nonimmigrant visas or adjusting to permanent residence. These circumstances include J-1 holders coming for graduate medical training, J-1 holders coming for training on the U.S. Department of State's Skills List of skills felt much needed in the person's home country, or J- holders who receive significant financial assistance from the U.S. or a home country government.

A waiver of the two-year home residence requirement so that a J-1 visa holder who is subject to this requirement (not all J-1s are subject to it) may change status to most other nonimmigrant visas or adjust status to permanent residence. There are several pathways to obtain such a waiver, which vary depending upon he circumstances of the J-1 visa holder and the basis for the basis for that person's two-year home residence requirement.

The derivative visa for the other J classification which allows immediate family members to enter with the principal visa holder.

A nonimmigrant visa for a fiancé of a U.S. citizen entering to participate in the marriage within 90 days of entry into the U.S.

Nonimmigrant visa for a derivative child of a K-1 nonimmigrant.

A nonimmigrant visa for spouse of a U.S. citizen who is already the beneficiary of an I-130 petition filed by a U.S. citizen. Normally used where the foreign national spouse resides abroad and the marriage occurs abroad.

Nonimmigrant visa for a derivative child of a K-3 nonimmigrant.

A nonimmigrant visa for intracompany transferees - those transferring from an overseas subsidiary, parent, or affiliated company to a U.S. parent, subsidiary, or affiliate. This may be an executive or manager (an L-1A) or a worker with specialized knowledge of the company's practices, procedures or technologies (an L-1B).

The derivative visa for the other L classification which allows immediate family members to enter with the principal visa holder. An L-2 spouse may obtain unrestricted employment authorization by application to USCIS (such employment authorization is not automatic with L-2 status).

The first stage in the permanent residence process for most employment-based cases, through which certification is obtained from the Department of Labor that there is no qualified U.S. worker is available for this position. This certification is a prerequisite to obtaining an employment-based immigrant visa in all third preference and most second preference classifications. See also PERM, which describes the metrhod throgh which Labor Certification is obtained.

An application made to the Department of Labor (DOL) as a prerequisite to filing a petition for an H-1B visa with USCIS. The LCA informs the DOL of the job involved and its location, the wage to be paid the proposed foreign national employee and the prevailing wage for the job. The employer must make certain promises or "attestations" concerning the application.

Nonimmigrant visa for study in vocational occupations.

An individual who, though not a citizen of a country, hs a permanent allegiance to that country (often a permanent resident or the equivalent).

The process of acquiring citizenship by applying to the government (as opposed to through birth within the country or by birth abroad to parents who are citizens of the country). There are several strict requirements for naturalization, among them possession of permanent residence status for defined periods of time.

A letter sent to an employer by the Social Security Administration indicating that an employee's social security number and name as they are being provided to the SSA by the employer do not match the SSA's records. Such a letter triggers certain obligations by the employer if it weants to avail itself of certain legal protections.

A foreign national who has the intent to remain in the U.S. only for a limited period of time but not permanently.

The intent of a foreign national to enter the U.S. only for a temporary period, and to depart at the end of that period for their home country. Also, nonimmigrant visas which require a foreign national seeking entry to the U.S. to have this intent and to NOT intend to remain in the U.S. permanently. Often evidence such as maintenance of a home, job, property and family abroad will be required for admission in a nonimmigrant intent status, such as B-1/B-2 or F-1. Contrast with Dual Intent.

A temporary visa allowing physical presence in the US for a limited period of time for a purpose specific to that visa. These visas are named with a letter, a dash, a number, and sometimes an additional letter and/or number (for instance, a B-1 is to be used for a brief business visit, and H-1B for a worker in a specialty occupation, etc.) Each nonimmigrant visa has its own purpose and allowable length of stay. Some nonimmigrant visas allow the holder of that visa to work here in various capacities depending upon the type of visa. Most nonimmigrant visas require nonimmigrant intent, while some allow for dual intent.

Nonimmigrant visa for an individual of extraordinary ability in their field. To obtain an O-1, an individual's work and background must meet at least three of seven possible tests, and submit letters from others who have an excellent reputation within the field to attest to the beneficiary's extraordinary ability in their field.

Nonimmigrant visa for an individual accompanying an O-1 visa holder who is an integral part of the O-1's work (for instance, an extraordinary singer's usual piano accompanist).

The derivative visa for the other O classifications which allows immediate family members to enter with the principal visa holder.

A period of authorized employment permitted to a foreign national who has completed a degree program in the U.S. on an F-1 Student nonimmigrant visa following graduation from the program. Optional Practical Training requires that the F-1 foreign national apply for and obtain an Employment Authorization Document, and is not automatic. The period of authorized employment is 12 months. However, graduates in Sciences, Technology, Engineering and Mathematics ("STEM") fields may extend this period for an additional 17 months, for a total of 29 months.

Nonimmigrant visa for athletes and group entertainers.

Nonimmigrant visa for artists or entertainers entering as part of a reciprocal exchange program.

Nonimmigrant visa for artists and entertainers entering to perform in a culturally unique program.

The derivative visa for the other P classifications which allows immediate family members to enter with the principal visa holder.

The status of being permitted into the U.S. temporarily under specific circumstances, or a document evidencing this. See "Advance Parole" above.

A foreign national allowed into the U.S. under Parole.

PERM, which stands for Program Electronic Review Management, is the current method through which labor certification is accomplished. PERM changed the old highly-supervised process to an electronic attestation-based process like the Labor Condition Application used for H-1Bs and therefore is much faster. Under PERM, an application is submitted online by the employer, who would be promising that they have complied with the requirements of the program, and approved within a matter of months. The Department of Labor randomly audits selected applications to ensure compliance by the employers under this system, rather than supervises recruitment or reviews the results of recruitment as under the older system.

Traditionally known as a "green card," this status allows a foreign national to remain in the U.S. indefinitely (i.e.: without time limitation) and with an unlimited and unrestricted ability to work. Permanent residence carries an almost unrestricted ability to travel out of the U.S. and re-enter, with the exception that an individual staying abroad for an extended period may under some circumstances be deemed to have abandoned permanent residence status (and thus not permitted to reenter). Permanent residence status may also be lost by committing certain crimes or through renunciation. Permanent residence status does not permit an individual to vote in U.S. elections.

The classification which governs which queue a case is in for available immigrant visas. This classification, determined by U.S.C.I.S. at the Immigrant Visa Petition stage (most often the I-140 filing for employment-based filings or the I-130 filing for family-based cases), determines how quickly the foreign national can actuall be processed for permanent residence since the queue varies in length by preference class and country of birth. See our Priority Date and Preference Classification FAQs for more information.

The person granted a visa to enter the U.S. for a specific purpose other than to accompany a family member. See also Derivative Visa.

The date on which the first step towards permanent residence is taken. This may be the filing of the Immigrant Petition (normally the I-140 for employment-based cases, the I-130 for family-based cases) or the filing of a labor certification for certain types of employment-based cases. The priority date establishes a place in the waiting queue for immigrant visas.

Nonimmigrant visa for individual coming to take part in a cultural exchange program intended to provide insight into the history, culture and traditions of the person's country of nationality while allowing the foreign national to obtain training through employment in the U.S. The employment must be with a U.S. employer in the business of providing cultural exchange experiences (performances, lectures, etc.)

Similar to the Q-1 visa, but applicable solely to individuals under 35 from certain parts of Northern Ireland.

The derivative visa for the other Q classifications which allows immediate family members to enter with the principal visa holder.

The system of employment- and family-based preference classifications that determines allotment of immigrant visas.

Nonimmigrant visa for individuals entering to act as clergy or a religious vocation for an established religious denomination.

The derivative visa for the other R classification which allows immediate family members to enter with the principal visa holder.

Also called RIR, this was a way of filing an older-style labor certification which considerably shortened the time the case will take. The recruitment process which was supervised by the State Workforce Commission in a traditional recruitment was moved forward to the pre-filing stage, and certain documentation of recruitment and inability to locate a qualified and available U.S. worker is submitted with the initial application. The DOL scrutinizes this documentation rather than instructing the employer to undergo traditional supervised recruitment. This, and the fact that RIR cases are handled by the SWA in a separate, shorter queue considerably accelerates processing.

A permit available to a US Permanent Resident upon application, which essentially serves as advance permission to depart the U.S. for a prolonged period of time (a year or more) without needing to worry that the person's permanent residence status will be deemed "abandoned" upon attempt to reenter. Remember that a period of prolonged absence can sometimes cause a determination that an individual has abandoned their permanent residence status - in other words, a subjective determination is made by U.S. immigration officials that the person intended to abandon their permanent residence status. However, sometimes life's realities (perhaps an overseas work assignment, or long-term care of an ill relative) sometimes demand prolonged overseas stays even when the permanent resident has no intention of abandoning the status. A reentry permit allows such long-term stays for periods up to two years (and can often be renewed for an additional two years), but must be requested before departure from the U.S.

A request from USCIS for additional evidence or clarification on a case which it is currently adjudicating. The agency will often issue such notices where it feels that the case as submitted contains insufficient information to warrant approval. Normally, a USCIS office will provide the foreign national, petitioner, and/or their attorney with a chance to provide additional evidence to address whatever questions the agency has rather than denying the case outright. RFEs have sometimes also been called "Remand Notices," although this term technically refers to inquiries sent back by a State or Federal Department of Labor Office under the pre-PERM labor certification system.

Employment authorization which is limited to the one employer. Usually this authorization is granted incident to a nonimmigrant visa petitioned for by this employer.

Nonimmigrant visa for an individual acting as a witness for the government.

A legal concept of safety from criminal or civil liability, where an individual or entity can protect themselves from such liability by following a set of instructions or procedures prescribed by law when presented with a specific set of circumstances. Often applies in the employer sanctions arena.

One of the centralized locations established by Citizenship and Immigration Services to process applications and issue inquiries and final decisions. There are four regional service centers handling employment-based nonimmigrant and immigrant cases north, south, east, and west regions as well as a centralized facility to handle initial processing for family-based Adjustment of Status applications (which are filed initially at local district offices).

An occupation which requires a Bachelor's or higher level degree or the equivalent, plus theoretical & practical application of a body of highly specialized knowledge.

For immigration purposes, an individual having the legal status of husband or wife. "Common law" arrangements are not always within the definition of spouse. At this point in time the U.S. government does not recognize any form of same-sex marriage.

The individual state labor offices which handled many functions under the older-style labor certification program. These offices handled determination of prevailing wage (for both permanent labor certification and Labor Condition Application/H-1B programs), inital processing of applictions for completeness and basic compliance, and supervision of the recruitment processes for traditional recruitment, non-RIR cases. Under PERM, SWAs still handle prevailing wage determinations for both PERM labor certifications and the Labor Condition Aopplications used for H-1Bs.

The legal right to be physically present in the U.S. The word may be used in the general sense ("in status") to mean that a person is legally present in the U.S., or specifically to refer to a particular type of legal right to be present in the U.S. (for example: citizen, permanent resident, or H-1B visa holder).

Nonimmigrant visa for a victim of severe alien trafficking as defined by statute.

Derivative nonimmigrant visas for the spouse, child, or parent respectively of a nonimmigrant T-1 principal.

A foreign national coming to the U.S. in a nonimmigrant visa classification which permits employment.

The division of the Department of Homeland Security that handles the review and granting of requests for immigration benefits. This agency was known as the Immigration and Naturalization Service ("INS") until March of 2003, at which time the agency was transferred to the just-created U.S. Department of Homeland Security from the U.S. Department of Justice. It was then known simply as Citizenship and Immigration Services (CIS) for a brief period before formally changing its name to United States Citizenship and Immigration Services (USCIS).

The agency of the U.S. government primarily responsible for matters relating to labor matters. in the immigration context, this department handles Labor Condition Applications for H-1B and TN nonimmigrant visas as well as the PERM labor certification used in the employment-based permanent residence process. The U.S. Department of Labor, often abbreviated as "U.S.D.O.L." or simply "DOL," is also responsible for conducting wage surveys and defining standardized job classifications and requirements.

The agency of the federal government responsible for, among other things, implementing U.S. foreign policy. In the context of immigration, this agency plays a substantial role. They run overseas U.S. embassies and consular posts and are responsible for granting both nonimmigrant and immigrant visas at these posts. The Department of State (abbreviated as "U.S.D.O.S." or "DOS") is responsible for controlling all access to immigrant visas within the guidelines established by law and publishes the monthly visa bulletin.

Employment authorization which is not limited to one employer. Contrast with restricted employment authorization.

Nonimmigrant visa for spouse of a permanent resident who is the beneficiary of an immigrant petition filed before December 21, 2000 and has been waiting for more than three years for an immigrant visa to become available.

Nonimmigrant visa for a child of a permanent resident who is the beneficiary of an immigrant petition filed before December 21, 2000 and has been waiting for more than three years for an immigrant visa to become available.

Nonimmigrant visa for the dependant of a spouse or child of a permanent resident who is the beneficiary of an immigrant petition filed before December 21, 2000 and has been waiting for more than three years for an immigrant visa to become available.

The right to be present in the U.S. for a specific period of time for a specific purpose. Both the type of visa on which a foreign national is present in the U.S. and the length of time during which that foreign national is permitted to remain in the U.S. are governed by the I-94 card.

A "pass" or "ticket" to enter the U.S. It is reviewed upon entry to determine admissibility, but does not control whether the foreign national is legally present while here in the U.S.

A program (still considered a pilot program, though this is continually renewed without much difficulty) through which individuals from certain countries may enter the U.S. for brief visits without first needing to apply for a B-1/B-2 visa at a U.S. consulate in their home country. The listed countries are limited to those with a traditionally low incidence of immigration fraud among citizens. Entry on Visa Waiver is limited to 90 days (except for citizens of Guam, which permits only 15 days), and an individual who enters on visa waiver may not change status to another nonimmigrant visa (for instance, to work or to attend school).

In the context of immigration, a waiver will refer either to a waiver of a prerequisite for admission to the U.S. (i.e.: a National Interest Waiver to waive the labor certification requirement for a 2nd Preference employment based immigrant visa) or to a waiver of something which prevents admission or readmission to the U.S. (such as the two-year home residence requirement of certain J-1 nonimmigrant visas).

See "Employment Authorization"