As a CAPES/CNPq scholar from Brazil, I have previously lived in the U.S. with a J-1 visa and was subject to the 2-year rule. Do I need a waiver?

The two-year rule on the J-1 visa requires the beneficiary to return to their home country for at least two years before obtaining certain visas or adjusting their status in the U.S. Being a CAPES/CNPq scholar and having lived in the U.S. on a J-1 under this rule, it is essential to verify whether this obligation is still in effect.

If the rule has not been fulfilled, this may affect your eligibility when applying for the EB-2 NIW visa. Often, it will be necessary to request a waiver to be exempted from this requirement, which can be based on no-objection statements from the government, humanitarian reasons, or national interest.

Each case should be analyzed carefully, considering specific documents and conditions of the J-1 visa. It is emphasized that respecting U.S. immigration laws and seeking specialized guidance is crucial to avoid fraud, as the process is complex and individual. Therefore, a detailed study of the history is essential for the correct decision.

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.