I am on a J-1 and subject to the two-year rule. Can I apply for EB-1?

Being subject to the two-year rule of the J-1 does not, by itself, eliminate the possibility of pursuing EB-1, but it creates a step that must be resolved before you can adjust status to a green card. The EB-1 evaluates your merit (extraordinary ability, outstanding professor or researcher, or multinational executive or manager) independently; however, the home-country residency requirement acts as a barrier to the final step.

In practice, you have two paths to remove that barrier:

• Fulfill the return and residence requirement in your home country for the prescribed period.
• Obtain a waiver of the rule, approved by the competent authorities, within the accepted grounds.

Each of these routes has its own requirements, and the analysis depends heavily on your specific situation. It is common, therefore, to begin planning the waiver or the fulfillment of the rule in parallel with building the EB-1 case, so as not to lose time.

Since this topic involves two sensitive fronts, it is worth reviewing your strategy with a specialist and confirming the updated requirements with USCIS before filing.

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.