On my J1 visa it says " Bearer is not subject to Section 212(E). Two year rule does not apply".Do i need J1 waiver to apply for Green card(EB1) or H1B
Good annotation. He happy. No home residency requirement.
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Annotations on J-1 visa stamps and DS-2019s are frequently incorrect and are not legally binding.
You need to determine whether you are subject to the two-year foreign residence requirement. One can become subject the following ways: (1) government funding (U.S. or foreign government funding); (2) home country skills list; (3) participation in graduate medical education. You need to look at whether your program would’ve made you subject irrespective of the annotations on your visa stamps and the DS-2019.
Being subject to the two-year foreign residence requirement creates three legal disabilities that do not go away until one subject fulfills the requirement or obtains a waiver. Specifically, one subject cannot: (1) apply for H or L visa stamps; (2) apply for a green card; and (3) apply for an immigrant visa. Further, one subject cannot change status in the United States from J-1 to any other nonimmigrant visa status, except A or G visa status.
If you are not subject, there is no need to apply for a waiver and you can process employment based petitions.
I recommend you consult with a lawyer experienced in J-1 matters.
Hake & Schmitt
Attorneys at Law
P.O. Box 540 (419 Main St.), New Windsor, Maryland 21776
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