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On my J1 visa it says"Bearer is not subject to Section 212(E). Two year rule does not apply".Do i still need J1 waiver?

Mountain View, CA |

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

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Best Answer

Good annotation. He happy. No home residency requirement.

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Sir, am I eligible now to file Green card(EB1) or H1B ?


Probably not.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


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.

Brian Schmitt
Hake & Schmitt
Attorneys at Law
P.O. Box 540 (419 Main St.), New Windsor, Maryland 21776
Phone: 410-635-3337

Required Disclaimer: This information is generalized and should not be relied upon as legal advice; and this communication does not create an attorney-client relationship.