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After a J1 Visa, what type of Visa can I get to return to work in the United States of America?

New Orleans, LA |

Hello, I recently finished a J1 program for one year in hospitality, and I have returned to my home country. The DS2019 I have is not subject to the two year residence requirement. I would like to know what is the best Visa to get in hospitality(with the exception of another J1), because I would like to continue to live and work in the United States of America. Thank you

Attorney Answers 3


There is no such thing as the "best visa." Visas have different advantages and what's best for you depends on your personal situation. You may consider H1B if you have an employer who is willing to file for you.

This answer is for informational purposes only and should not be construed as legal advice.

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If you get a job offer which which requires a four-year college degree, and you have such a degree, you may be eligible for an H-1B visa.

Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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As my colleagues pointed out, there you will probably want to consider a H-1B visa. You must have a job offer from a U.S. employer, the employer would need to sponsor you and show that the position requires a "specialty occupation." A specialty occupation is an occupation that requires the attainment of a bachelor's or higher degree in the specific specialty or its equivalent as a minimum for entry into the occupation. Consult with an immigration attorney to discuss the options that may be available to you.

The information provided is intended for informational purposes only and should not substitute for the advice and counsel of an attorney. This information does not constitute legal advice. We ask that you consult with a lawyer, as your facts are unique and because each situation requires analysis from many different perspectives. We cannot be responsible if you rely on information based on this website without the consultation of an attorney.

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