Some J-1 professionals are subject to the two-year home residency requirement, and require a waiver before being able to apply for an H-1B, or adjust status to a permanent resident. Options for waivers include:
Hardship and persecution waivers can be pursued simultaneously with IGA waivers, however the waiver that is approved first controls. Under very limited circumstances will the DOS consider a second waiver application when a waiver is already approved.
**Note that only IGA waiver beneficiaries can change status to H-1B. An applicant who has had a hardship or persecution waiver approved, will have to exit the US to obtain future status such as an H-1B or O-1. The beneficiary may avoid having to leave the US if he/she is in a position to adjust status.
No objection waiver (not available for physicians who received clinical training):
Must obtain a “no objection statement” from the home country’s embassy, which in turn is forwarded to the Department of State. The Department of State will typically approve the waiver.
Radu C. Vasilescu
The treaty investor visa is a great option for those who are looking to start a business in the United States.
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Companies in the US who also have an affiliate, subsidiary or other related company abroad, is allowed to transfer certain employees to the US company.
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Perhaps the most coveted of all immigrant petitions, the EB-1A does not require the offer of employment.
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An immigrant petition in the EB-2 category that waives the requirement of a job offer.
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Non-immigrant visa/status that allows one to work in the USA.
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The Labor Certification, also commonly referred to as PERM, is the process by which an employer sponsors an employee for an immigrant petition.
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The H-1B is a non-immigrant visa/status that allows one to work in the United States.
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Immigration through a qualified family member requires an I-130 (petition for alien relative) where the familial relationship has to be established.
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