Common immigration terms, acronyms, and concepts explained in plain language
Common Acronyms
USCIS — United States Citizenship and Immigration Services. The federal agency that adjudicates immigration petitions and applications.
RFE — Request for Evidence. A notice from USCIS asking for additional documentation to support your petition.
NOID — Notice of Intent to Deny. A more serious notice indicating USCIS plans to deny the petition unless you provide compelling evidence.
I-129 — Petition for a Nonimmigrant Worker. The form used to petition for O-1A and O-1B visas.
I-140 — Immigrant Petition for Alien Workers. The form used for EB-1A and EB-2 NIW green card petitions.
EAD — Employment Authorization Document. A work permit issued while a green card application is pending.
PERM — Program Electronic Review Management. The labor certification process required for most employment-based green cards (but waived for EB-1A and EB-2 NIW).
AAO — Administrative Appeals Office. The USCIS body that reviews denied petitions on appeal.
DOS — Department of State. Manages visa issuance at consulates abroad.
Key Concepts
Extraordinary ability — A level of expertise indicating that a person is one of the small percentage who have risen to the very top of their field of endeavor.
Sustained national or international acclaim — Ongoing recognition of achievements in the field, not a single moment of fame.
Preponderance of evidence — The standard of proof in immigration cases. The evidence must show that something is "more likely than not" true.
Totality of evidence — USCIS evaluates all evidence together, not each piece in isolation. A petition may succeed on the combined weight even if individual pieces are modest.
Final merits determination — The second step in evaluating O-1A and EB-1A petitions. Even after meeting the minimum criteria threshold, USCIS evaluates whether the overall evidence demonstrates extraordinary ability.
Comparable evidence — Alternative evidence submitted when the standard criteria don't readily apply to a beneficiary's occupation.
Labor certification — A process proving no qualified U.S. workers are available for a position. Waived for EB-1A (self-petition) and EB-2 NIW.
Beneficiary — The person who will receive the visa or immigration benefit.
Petitioner — The entity (employer or individual) filing the petition.
Advisory opinion — A letter from a peer group, labor organization, or management organization evaluating the beneficiary's abilities. Required for O-1 visas.
Visa Categories
O-1A — Nonimmigrant (temporary) visa for extraordinary ability in sciences, education, business, or athletics.
O-1B — Nonimmigrant (temporary) visa for extraordinary ability in the arts, or extraordinary achievement in the motion picture or television industry.
EB-1A — Employment-based first preference immigrant visa (green card) for extraordinary ability. Allows self-petition.
EB-2 NIW — Employment-based second preference immigrant visa with a National Interest Waiver. Evaluated under the Dhanasar framework.
Evidentiary Terms
Strong evidence — Documentation that directly and convincingly satisfies a criterion. Typically includes objective metrics, third-party validation, and recognized institutional backing.
Weak evidence — Documentation that partially addresses a criterion but lacks specificity, recognition, or independent verification.
Criterion (plural: criteria) — One of the regulatory evidentiary requirements used to evaluate a visa petition (e.g., "awards," "membership," "judging").
Prong — Used specifically for EB-2 NIW, which uses a three-prong test (the Dhanasar framework) instead of the criteria system used by O-1A and EB-1A.