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

The transition from a J-1 visa to an EB-1 involves very specific issues, especially when the two-year residency requirement in the home country, known as the “two-year rule,” applies. This requirement means that, unless you obtain a waiver approved by authorities, you must return to your home country for at least two years before you can request a status change to an immigrant visa.

In the context of the EB-1 – intended for individuals with extraordinary abilities, outstanding professors or researchers, or multinational executives and managers – this barrier can complicate the process. Thus, if you are currently on a J-1 visa and still subject to the “two-year rule,” it is necessary to resolve this issue before progressing with an EB-1 application. One option is to seek approval of a waiver, which must be carefully prepared and supported based on criteria established by U.S. immigration authorities.

It is important to emphasize that each case has its particularities and that strictly following immigration laws is essential to avoid future complications. It is always recommended to check official sources and consider consulting reliable immigration specialists to avoid scams or misleading promises. These professionals can help identify the best approaches, especially when it comes to transitioning from a J-1 visa to an EB-1 without compromising your compliance with the country’s legal requirements.

Remember that each situation must be analyzed individually and carefully, always prioritizing transparency and security in the status change process.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.