I was a CAPES/CNPq scholar from Brazil, lived in the U.S. on a J-1, and had the 2-year rule. Do I need a waiver?

Possibly. The two-year rule (2-year home-residence requirement) of the J-1 can affect those who plan to pursue other pathways, such as the EB-2 NIW. When it applies, the beneficiary must fulfill a period of residence in their home country before obtaining certain visas or adjusting status in the United States, unless a waiver is granted.

As a CAPES/CNPq scholar, government-funded sponsorship commonly triggers this requirement for your J-1, but it is not automatic. The first step is to confirm whether the obligation actually applies to your case and whether it remains outstanding.

If the rule applies and you have not satisfied it, a waiver will generally be required to lift it before you can proceed. The most common grounds for requesting a waiver include:

• A no-objection statement from the government of your home country.
• Humanitarian grounds, such as exceptional hardship situations.
• A request from an interested government agency that relies on your work.

Each case is reviewed individually, based on the documentation from your exchange program and the specific conditions of your J-1. Because this is a sensitive point, it is worth reviewing your history with a specialist and checking the latest guidance from official sources such as USCIS and the Department of State 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.