I am on a J-1 without the home-country residency requirement. Can I adjust status to EB-1?

Yes. Those on a J-1 who are not subject to the home-country return and residency requirement can generally pursue adjustment of status to EB-1, provided they qualify under that category and maintain valid status throughout the process.

EB-1 covers profiles with extraordinary ability, outstanding researchers and professors, and certain multinational executives and managers. The key factor is not the visa you currently hold, but rather whether your profile fits one of those tracks.

When the home-country residency requirement (known as the two-year rule) does not apply or has already been waived, one of the typical J-1 barriers to adjusting status inside the United States is removed. Even so, eligibility depends on factors such as demonstrating the required merits, maintaining valid status, and meeting all other immigration requirements.

Because every immigration history is unique, it is worth verifying updated requirements with USCIS and reviewing your case with a specialist 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.