I worked in the U.S. on a J-1 visa. Can I apply for the EB-2 NIW?

Generally yes, but there is a specific aspect of the J-1 visa that needs close attention before pursuing the EB-2 NIW. Eligibility for the NIW depends on the merit of your work; however, the J-1 experience may bring with it a separate condition that affects the path to permanent residence.

Some J-1 program participants become subject to a home residency requirement, which requires them to return to and remain in their home country for a period of time before they can seek certain statuses in the U.S., including lawful permanent residence. Not every J-1 holder is subject to this requirement: it depends on factors such as the type of program and any funding involved. When it applies, it does not make the NIW unattainable, but it must be satisfied or waived at the right stage.

• The EB-2 NIW remains available to those who held a J-1, based on their own merit.
• The concern is the possible home residency requirement attached to some J-1 programs.
• When that requirement exists, there are ways to fulfill it or petition for a waiver.

Determining whether this condition applies to your J-1 and how to address it is a technical analysis. It is advisable to review your history with a specialist before filing, to avoid stumbling at this step.

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.