EB-1A: what if I have a home residency requirement in my country because of a J-1 (e.g., a scholarship)?

No. The EB-1A is the extraordinary ability green card category that allows self-petition, with no job offer or sponsoring employer required. It does not, however, cancel a pending obligation carried over from another visa: the home residency requirement that some J-1 holders (including scholarship recipients) are subject to.

That requirement operates independently of whatever immigrant category you intend to use. While it remains active, you cannot adjust status inside the United States or receive an immigrant visa, even if your EB-1A extraordinary ability petition has been approved. In other words, getting the EB-1A approved and resolving the J-1 obligation are two separate steps.

There are two ways to address it:

• Fulfill the home residency period required in your country of origin; or
• Obtain a formal waiver through the appropriate channel, which involves a recommendation from the competent authority and its own criteria evaluated on a case-by-case basis.

Because every background is unique and the waiver rules vary depending on the reason you became subject to the requirement, it is worth confirming your situation with the official sources (USCIS and the Department of State) and reviewing your case with a specialist before filing. Be wary of promises of quick or guaranteed results.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.