Good News: The U.S. Officially Lifts the Two-Year Home-Country Residence Requirement for J-1 Exchange Visitors!

Good News: The U.S. Officially Lifts the Two-Year Home-Country Residence Requirement for J-1 Exchange Visitors!

1. During their J-1 status, they may apply to change to another immigration status that allows long-term residence in the U.S.
2. Upon the expiration of their J-1 status, they are not required to return to their home countries to serve for two years.

Work Visa Recommendations

• If your current J-1 sponsoring employer is willing to continue supporting your J-1 status and you also wish to maintain it, you may extend or retain your J-1 status.
• Otherwise, you may seek professional employment in the private sector to apply for an H-1B work visa. However, H-1B visas for private-sector roles are subject to numerical caps and require participation in a lottery system. After securing a private-sector job, J-1 scholars should contact our firm to plan and coordinate the status change or ensure seamless status transition. Under no circumstances should J-1 scholars allow gaps in their nonimmigrant status.

Green Card Application Recommendations

1. Marriage-Based Immigration

   If you marry a U.S. citizen, we can file the immigration petition, allowing you to reside in the U.S. immediately. Of course, the prerequisite is that you are unmarried and have a willing U.S. citizen spouse. After submitting the marriage-based immigration application, J-1 foreign exchange visitors are not required to maintain their J-1 status.
2. EB-5 Investment Immigration

   When we file your EB-5 investment immigration petition, you may reside in the U.S. immediately. The prerequisites are that you can invest $800,000 in a qualifying U.S. project, provide sufficient documentation to prove the lawful source of these funds, and that the concurrent filing window for EB-5 applications remains open. After submitting the EB-5 application, J-1 foreign exchange visitors are not required to maintain their J-1 status.
3. EB-1A Extraordinary Ability Immigration

   This is a first-preference employment-based immigration category, suitable for J-1 foreign exchange visitors who have achieved exceptional accomplishments in their respective fields. If you have published academic papers in professional journals, you should send us your updated complete resume for an eligibility assessment. However, EB-1A applications are currently subject to visa backlogs. Even after we file your immigration petition, you must maintain valid J-1 status or another nonimmigrant status.
4. NIW (National Interest Waiver) Immigration

   This is a second-preference employment-based immigration category, suitable for J-1 foreign exchange visitors who have earned notable achievements in their fields. If you have published several academic papers in professional journals with a reasonable number of citations, you should send us your updated complete resume for an eligibility assessment. Similar to EB-1A, NIW applications are subject to visa backlogs. Even after filing your petition, you must maintain valid J-1 status or another nonimmigrant status.