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I am a J-1 holder subjected to the two-year foreign country residency requirement. May I apply under EB-1 or National Interest Waiver now, and get my J-1 waiver later?

April 26, 2017country eb-1 foreign J-1 requirement residency subjected

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I am a J-1 holder subjected to the two-year foreign country residency requirement. May I apply under EB-1 or National Interest Waiver now, and get my J-1 waiver later?

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A; Yes, you can apply for the EB-1 or National Interest Waiver now, and get your J-1 waiver later. Even with a I-140 approval, you are still subject to the two-year foreign country residency requirement, and need to get the J-1 waiver before you can adjust your status to permanent resident. You do not have to have a J-1 waiver before submitting an I-140 petition. The two-year foreign residency requirement does not allow you to adjust the status from J-1 to permanent residency, but it does not prevent you from submitting I-140 petition. Also, you may prepare for I-140 and J-1 waiver concurrently. If you receive an I-140 approval before a J-1 waiver, you need to wait for the J-1 waiver to submit the I-485 application for adjustment of status.