Can a J-1 visa holder apply for a green card?
Unfortunately, neither the J-1 nor the F-1 visa are dual intent. This means that applying for a green card could cause your J-1 or F-1 status to be revoked and a bar to potentially be placed on you, preventing you from returning to the U.S. for a certain period of time.
What is the difference between a J-1 and F-1 visa?
A large difference between the J-1 and F-1 visas is the access you may have to regular employment. J-1 students are permitted to work provided that they obtain work authorization. However, most J-1 programs (meaning schools), will only allow you to work on campus for 20 hours per week (part time).
Is the J-1 visa dual intent?
Some nonimmigrant visas are considered “dual intent” visas due to the fact that they allow you to pursue immigrant status (green card status) without impacting your current nonimmigrant status. Unfortunately, neither the J-1 nor the F-1 visa are dual intent.
Do you have to return to the US after J-1 visa?
For this reason, each person the enters the U.S. under J-1 status is required to return home for at least two years before coming back to the U.S., a feature called the “home residency requirement”. However, avoiding the home residency requirement is relatively easy.
Yes, a J-1 visa holder is eligible for a green card. To obtain a green card, the alien must first file a petition I-140 with the USCIS. After this, it is essential to apply for an Adjustment of Status (AOS) or for an immigrant visa. If the alien resides in the U.S., they should use an AOS application.
What happens to my J-1 visa after it expires?
This requirement obligates almost all J-1 visa holders to return to their home country after their J-1 status has ended and remain there for two years before pursuing any further visas or green cards.
How do I Change my J1 visa to a permanent resident?
Submit your immigration petition first, wait until it is approved, then submit your J1 waiver. Many J1 visa holders seeking permanent resident status also first change their visa status to a nonimmigrant visa with dual intent, like an H-1B. This lets them avoid potentially violating the terms of their J1 visa and the problem of immigrant intent.
How long does it take to process J-1 waiver to green card?
If your employer is audited or subjected to supervised recruitment, your J-1 waiver to green card processing time will be greatly increased. The I-140 also takes an average time of about six months to process. If you would like to shorten this processing time, you can opt for premium processing.