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Can a current J-1 Visa holder transition to an H1 B Visa status?

Spring Hill, FL |

I am considering hiring someone who is a current J1-Visa holder. How can this person transition to an H1 B Visa, and what would I have to do? Is there a better alternative than H-1 B Visa? Thanks.

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Attorney answers 3


Not if he is subject to 212(e) [two years home residency] otherwise yes. There are many different visa options, and to discuss them you should meet with an immigration attorney.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.


Certain, but not all, J-1 Exchange Visitors may be subject to a Two-Year Home Country Physical Presence Requirement and are not eligible for the H-1B status until the requirement has been satisfied or "waived" by the USCIS based on a recommendation from the U.S. Department of State. If this two-year requirement does not apply, the person is eligible for H-1B status. Consult with an immigration attorney to discuss your case in further details and the process involved in becoming an employment based sponsor. Read more about H-1B nonimmigrant visas and employment based immigration below.

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.


You need to verify whether or not, as Mr. Segal pointed out, there is a 2 year restriction.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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