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Jessica
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LawEducator, Expert
Hello and welcome to Just Answer. I am Law Educator and I am pleased to assist you today with providing you the answers you are seeking for educational purposes only.
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LawEducator, Expert
Good morining
You are asking about the 2 year residency rule with the J-1 visa
When you file the NIW you can file the J-1 waiver as well and you can get the 2 year residency period waived.
See: https://immigrationroad.com/green-card/national-interest-waiver-niw.php
LawEducator, Expert
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LawEducator
LawEducator, Expert
Hello.
LawEducator, Expert
If you read the link, if your research is important as you said it was and as it sounds, then you would file a NIW EB-2 AND you would file a J-1 waiver, which would seek to waive the 2 year return to your country.
This is the process to try to get around the 2 year rule without the IGA and EB-5
It is an alternative for you to pursue.
LawEducator, Expert
Yes, I told you above, you have to file a J-1 waiver for the 2 year residency in addition to the NIW, that is exactly what the article says as well.
Again, the J-1 waiver/NIW is an alternative means to your EB-5 IGA route because the IGA is way more difficult than you getting the J-1 Waiver and NIW.
LawEducator, Expert
You can also ask for the J-1 waiver based on the eb-2 NIW, not just for the IGA.
In fact, you copied and pasted the same answer back to me, see the emphasis I am putting in:
If you are in J-1 status and have already received NIW approval, you still must obtain the J1 waiver or fulfill the 2-year residency requirement before you can adjust your status.
So the above statement is telling you that you can do the NIW and get that approved and then file the J1 waiver to get around the 2 year requirement.
LawEducator, Expert
Not just the IGA qualifies you.
LawEducator, Expert
You apply for the J-1 waiver based on the research needing to be continued and no objection from your home country.
If you are not an MD, you cannot rely on that waiver ground.
LawEducator, Expert
Ahh, okay, then your only other basis is as you said the IGA in that case, unless you qualify under some family hardship or persecution in your country if you return.
LawEducator, Expert
I said that you can seek waiver of the J-1 requirement and I also said it was a potential option for you to explore.
Option is not a guarantee.
LawEducator, Expert
Just because you have options, you should try them and see if you can get them to work out for you.
Some may, some may not, but they are worth exploring just in case.
LawEducator, Expert
That is up to you it is one avenue to try, since you asked if you had other options.
LawEducator, Expert
It only helps if you can get the J-1 waiver,it was an option for you
Of course, if it will not work because you cannot put the proper proof together to get the J-1 waiver, then you are limited to only your IGA.
LawEducator, Expert
Unfortunately, I have given you the options if they do not fit you then I am afraid you are pretty much out of options.
LawEducator, Expert
If you get the no objection letter, you would be good to go with the NIW and you can shift to H1 or file your I-140 for permanent status and I-485 to change your status.
LawEducator, Expert
That is right the government can still issue the NORI
LawEducator, Expert
Yes, if you get the NORI from India that is correct.
LawEducator, Expert
Yes, you could switch to J2 with that interesting twist in information and it will not interfere with your Eb-5
LawEducator, Expert
No it should not impact your job profile either.
LawEducator, Expert
No you only need to file one waiver, no double waiver needed.
LawEducator, Expert
No you should not need the waiver when your I-526 is approved, you wait for waiver to file the adjustment.
LawEducator, Expert
Yes, that is true as well.
LawEducator, Expert
Yes, that is correct and if you need an H1b later, you can do that as well.
LawEducator, Expert
Sure, sorry, I was dealing with several other issues.
Your husband can file the J-2 for you
The 2 year requirement means 2 years not every 6 months I am afraid. It is 2 years continuously.
LawEducator, Expert
I would hire a local attorney, yes, I mentioned that yesterday.
LawEducator, Expert
You can if you want, but I would use an attorney
LawEducator, Expert
I do not suggest you do it on your own, I would use an attorney, which is what I mentioned yesterday to you too.
LawEducator, Expert
You do not have to leave the US to get the J2 if you were both in the US at same time, but you would your husband's employer's support.
LawEducator, Expert
Is that true, no, the USCIS may require you to leave the US to get your visa stamped but that doesn't mean you have to go to your home country you can go to Mexico or Canada to the US Embassy and get it stamped.
LawEducator, Expert
You can with an advance parole document. You can apply to leave and return.
LawEducator, Expert
You can be, it is up to the reason for leaving and the USCIS officer.
LawEducator, Expert
There is no prohibition against leaving and re-entering the U.S. while the I-526 is being processed, but you may encounter issues with border officials regarding your intent if you enter with a nonimmigrant visa as the filing of the I-526 can be viewed as evidence that you intend to immigrate to the U.S. permanently.
This is why you need to consider filing for advance permission to reenter, to prevent some border agent from denying you to reenter, that is why. Travel is not prohibited, but they can claim you are coming back with improper intent.
LawEducator, Expert
Yes
LawEducator, Expert
Okay, now it is 6:30PM, I have been on since 6:30 AM, you have a wonderful rest of your night.
LawEducator, Expert
And I am wrapping up and I am not a site employee nor am I your attorney.
You have a wonderful night.
LawEducator, Expert
You are welcome
LawEducator, Expert
You too.