I'm guessing each State has its own definitions of legal abortions and how far along a woman can choose to perform an abortion but here in Los Angeles according to the planned parenthood website an abortion can be done up to the 22nd week. So to answer your question, until then it's an embryo/fetus.
If you were curious these were some of the prices that I've downloaded from their website;
Abortion Services
Abortion Pill ("At home" abortion)1 $525.00
Surgical Abortion up to 13 weeks1
with General Anesthesia $450.00
with Local Anesthesia $425.00
Surgical Abortion over 13 weeks1,2
13.5 to 16.0 weeks $765.00
16.5 to 18.0 weeks $975.00
18.5 to 19.0 weeks $1,175.00
19.5 to 21.5 weeks $2,165.00