Is It Possible for Me to Apply for Green Card in EB1 with J1 Visa?

Dr. William:

I am working as a post-doc with J-1 visa, is it possible for me to apply for green card in EB1 category?


You can submit I-140 based on EB-1 (EA or OR) and EB-2 (National Interest Waiver). If  you has J-1 visa with two years home resident requirement and have submitted I-140 to the Bureau of Citizenship and Immigration Services (USCIS), during you are waiting for I-140 approval, you can try to get J-1 waiver. For J-1 visa, it is important that you have to get its waiver for two years home resident requirement, before changing to H1 or any other immigrant visa.

If you do not know whether the two year home residency condition applies to you, look at your J-1 visa on your passport. Usually, it's mentioned on the passport: 212E does apply or something like that. If nothing is there, look at your IAP-66 (left bottom corner), there should be something. Also, if your program number starts with "G" for government funding, you are under 2-year home residence. In that case, it's very difficult to get waiver. If your program no. start with "P", you are safe and you may get J-1 waiver.







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