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Can I File EB1 Extraordinary Ability Petition before the J1 waiver Approval?

Hi William:

I am in U.S. with J1 visa, and need to meet the 2 year home country service requirement. I want to to apply for my Green Card in the EB2 National Interest Waiver category. Can I file my EB1 Extraordinary Ability (EB-1A) application now? and try to get my J1 waiver later?   


As a J1 visa holder, you can I file the EB1 Extraordinary Ability (EB-1A) petition now, and then get the J1 waiver later. Since you are subject to the 2 year home country service requirement, you need to receive the J1 waiver before you file Form I-485 to get your Green Card to become U.S. permanent resident.

Before filing the Form I-140 based on the EB1 Extraordinary Ability, you do not have to get the J1 waiver approval. Your J1 visa 2 year home country service requirement will prevent you from adjustment status with the USCIS Form I-485 in the United States, but it will not prevent you from filing the EB-1A petition.

After you receive an I-140 approval from USCIS before you get the a J-1 waiver, you should wait for the J-1 waiver approval to submit the I-485 application for adjustment of status.

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