If I worked in the US with a J-1 visa, can I apply for EB-2 NIW?

The EB-2 NIW visa is a highly sought-after immigration route for skilled professionals who wish to obtain permanent residency in the United States without relying on a job offer tied to a specific employer. It is intended for those who possess exceptional abilities or advanced degrees and can demonstrate, through their contributions, that the US national interest would benefit from their stay in the country.

In the case of those who have worked in the US with a J-1 visa, the situation can be somewhat more complex and depends on some important factors. First of all, the J-1 visa may come with a two-year home-country residency requirement after the program ends, the so-called ‘two-year rule’ (section 212(e) of the Immigration and Nationality Act). If you are still subject to this requirement, you will need to obtain a waiver before proceeding with the EB-2 NIW petition. This waiver is a separate process and must be carefully evaluated, considering the specific circumstances of each case.

Furthermore, it is important to emphasize that eligibility for the EB-2 NIW is more related to your academic and professional background and to the potential impact of your contributions to the United States than to the type of visa you previously used to enter the country. In other words, even having worked with a J-1 visa, you can, in principle, apply for the EB-2 NIW, provided that you meet the requirements regarding qualifications, area of expertise, and demonstration of benefit to the national interest.

Each case is unique, and the details of your electoral, academic, and professional history will be analyzed in the evaluation of the petition. It is always essential to strictly follow US immigration laws, seek updated information, and consult specialized advisors – avoiding approaches that promise easy or guaranteed solutions, as these campaigns can lead to mistakes and losses.

Every immigration journey has its particularities, and a thorough study of your case is essential to guide the next steps. In summary, yes, it is possible to apply for the EB-2 NIW even if you have worked in the US with a J-1 visa, but it is essential to verify that there are no restrictions arising from your previous status, such as the home-country residency requirement, and to prove that you meet the specific criteria of this visa.

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.