EB-1 Immigration Issues Relating to J-1

When consulting with an individual in J status, our initial line of inquiry is usually whether the exchange visitor (EV) is subject to section 212(e) of the Immigration and Nationality Act, also known as the two-year home residence requirement.

Maintaining a Valid Non-Immigrant Status

While the ultimate goal for many foreign nationals is permanent residency (aka the ‘green card’), the reality is that many foreign nationals will need to maintain a valid nonimmigrant status before they obtain the green card.

The PERM Process

PERM is a system through which employers can hire a foreign national by submitting an application to the Department of Labor (DOL). In this application, employers attest that they have taken certain steps to recruit U.S. workers and that they have been unable to locate a qualified U.S. worker for the position.

EA, OR, NIW

We know that post-doctoral fellows and other young scientists and scholars find themselves between a rock and hard place when it comes to applying for the green card. Not only are employer sponsored petitions often difficult to come by, but the visa backlog means even for those with an employer sponsored petition a self-petition may be a better option.

The Greencard & Beyond

The final stage of the permanent residence immigration process is either an I-485 application to adjust status to that of a permanent resident, which is filed with USCIS, or an application for an immigrant visa, which is adjudicated at the U.S. consulate in your home country.