Glossary
Updated: Author: Alina Kanametova
Plain definitions of key US talent-visa terms (O-1, EB-1A, EB-2 NIW). Criteria and process terms link to detailed breakdowns. Every definition is directly linkable.
Criteria
The ten evidentiary criteria for EB-1A / O-1. You must satisfy at least three for approval. Each links to a detailed breakdown.
- Awards
- National or international prizes for excellence
- Memberships
- Membership requiring outstanding achievement
- Media about you
- Published material about you in major media
- Judging
- Judging the work of others in your field
- Original contribution
- Original contributions of major significance
- Leading role
- Leading or critical role for distinguished organizations
- High remuneration
- High salary or remuneration relative to the field
- Commercial success
- Commercial success in the performing arts
- Exhibitions
- Display of your work at artistic exhibitions or showcases
Visa types
The main talent visas and their subcategories.
- O-1
- A nonimmigrant work visa for people with extraordinary ability in the sciences, arts, education, business or athletics. Granted for work with a specific employer or agent.
- EB-1A
- A green card for individuals of extraordinary ability. Self-petitioning is possible - no employer or sponsor required.
- EB-1B
- A green card for outstanding professors and researchers. Requires an employer-sponsor and a permanent position.
- EB-2 NIW
- An EB-2 green card with a National Interest Waiver. Self-petitioning is possible; evaluated under the Matter of Dhanasar test.
Preparation stages
The path from the first self-assessment to getting the visa, step by step.
Process and USCIS acronyms
Forms, precedents and abbreviations you meet at every step.
- USCIS
- US Citizenship and Immigration Services. Receives and adjudicates petitions for visas and green cards. This independent project is not affiliated with USCIS.
- NIW (National Interest Waiver)
- A national-interest waiver in the EB-2 category. Lets you skip the employer and labor certification if your work matters to the US. Evaluated under the Matter of Dhanasar test.
- RFE (Request for Evidence)
- A request for additional evidence from USCIS. Not a denial: the officer needed more material and gives a deadline (usually up to ~87 days) to supply it. Answer fully and on time.
- NOID (Notice of Intent to Deny)
- A notice of intent to deny. More serious than an RFE: the officer is leaning toward denial and gives a last chance to rebut their reasoning.
- AAO (Administrative Appeals Office)
- USCIS's Administrative Appeals Office. Reviews appeals of denials. Its decisions are published and serve as examples of what persuades officers and what does not.
- Priority date
- The date USCIS received your petition. It sets your place in the green-card queue. When your priority date becomes current in the visa bulletin, you can finish the process.
- Visa Bulletin
- A monthly US State Department bulletin. Shows which priority dates, by country and category, have reached green-card issuance.
- Form I-140
- The immigrant petition for a worker. Filed for EB-1A and EB-2 NIW - it begins the talent-category green-card path.
- Form I-129
- The petition for a nonimmigrant worker. Used for the O-1 visa.
- Form I-485 (Adjustment of Status)
- The application to adjust status inside the US - getting a green card without leaving, if you are already in the US in lawful status.
- EB-1
- The first employment-based immigration category (priority workers). Includes EB-1A, EB-1B and EB-1C.
- Final merits determination
- The second stage of EB-1A review. First they check whether at least 3 criteria are met, then they holistically decide whether the evidence, taken together, shows extraordinary ability.
- Matter of Dhanasar
- A 2016 precedent that set the three-part test for EB-2 NIW: the work has substantial merit and broad benefit; you are well positioned to advance it; and it benefits the US to waive the requirements for you.
- Kazarian
- A precedent that established the two-step EB-1A review: first counting the criteria, then the final merits determination.
- Exhibit
- A single numbered piece of evidence in the petition package (Exhibit 1, 2, ...): a letter, article, diploma, screenshot. The cover letter references the exhibits.
- Cover letter
- The petition's main document. It explains your story to the officer, ties the criteria to the exhibits and walks them through the evidence.
- Recommendation letter
- An expert letter attesting to your achievements. They split into independent ones (from people outside your circle) and ones from direct colleagues.
- Beneficiary
- The person the petition is filed for - you. For O-1, an employer or agent files the petition, but you remain the beneficiary.
- Petitioner
- The party who files the petition. For EB-1A and EB-2 NIW you can be the petitioner yourself; for O-1 it is the employer or agent.
- RFE response
- The package you send back in response to an RFE: new exhibits and explanations that resolve the officer's doubts. Filed as one set before the deadline.
- Consular processing
- Getting the visa through a US embassy or consulate abroad - the alternative to adjusting status inside the country (I-485).
- NVC (National Visa Center)
- The National Visa Center. The intermediate step between I-140 approval and the consular interview: it collects documents and fees before forwarding the case to the consulate.
Per-term breakdowns
Each of these terms has its own page: a plain-language definition, what to do, tools and deeper reads.
- Form I-94
- Form I-140
- Form I-485
- Form I-129
- Form I-765
- Form I-131
- DS-260
- NVC
- AOS (Adjustment of Status)
- Consular processing
- Port of entry
- 221(g)
- EAD (work permit)
- RFE
- RFIE and RFAE
- NOID
- NOIR
- AAO
- Premium processing
- Priority date
- Visa Bulletin
- Final merits
- Kazarian
- Matter of Dhanasar
- Comparable evidence
- Exhibit index
- Petition letter
- Advisory opinion
- Agent petition
- Dual intent
- EB-1A
- EB-1B
- EB-2 NIW
- O-1A
- O-1B
- Extraordinary ability
- National interest (NIW)
- Sustained acclaim
- Major media
- Judging
- Original contribution
- Scholarly articles
- VAK (VAK-list journals)
- Scopus
- Leading role
- High salary
- Membership
- Awards
- Form I-907
- Form DS-160
- Form I-797
- Receipt number (USCIS case number)
- USCIS case status
- USCIS service center
- Form G-1450
- Biometrics
- USCIS Immigrant Fee
- MRV fee
- DQ (Documentarily Qualified)
- Administrative processing
- Change of status
- Concurrent filing
- Advance Parole
- Motion to reopen / reconsider (I-290B)
- Writ of mandamus
- Expedite request
- TAL (Technology Alert List)
- EB-1C
- PERM (labor certification)
- Retrogression
- Final Action Dates vs Dates for Filing
- Form I-693 (medical exam)
- Panel physician (consular medical exam)
- Public charge
- SSN (Social Security Number)
- Green card
- O-3 visa
- Petitioner
- Beneficiary
- Letter of intent
- Exceptional ability
- Per-country cap (annual cap)
- Translator certificate
- 8 CFR 204.5