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Transitioning from a J-1 Visa to a Green card can be tough as it is filled with complexities. The J-1 visa, designed for individuals participating in work-and-study exchange programs, offers a unique opportunity for cultural and educational exchange. This blog aims to provide a comprehensive guide on how J-1 visa holders can successfully transition to a Green Card.
As you read you will find steps, requirements and other considerations involved in transitioning from a J-1 visa to a Green Card, empowering you with the knowledge needed to navigate this critical phase of your immigration journey.
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Transitioning from J-1 Visa to Green Card: Overview
Transitioning from a J-1 visa to a Green Card can be a significant step for many foreign exchange visitors in the United States. Here’s an overview of both: J-1 Visa and Green Card, their purpose and what are the challenges one faces transitioning from J-1 Visa to Green Card in the US.
What is J-1 Visa and its Purpose?
The J-1 Visa is a non-immigrant visa designed for individuals who wish to be a part of the work-and-study-based exchange visitor programs in the United States. This type of visa is part of the Exchange Visitor Program, which aims to promote cultural and educational exchange between the US and other countries.
The purpose of the J-1 visa is to allow students to pursue educational activities such as teaching, studying, conducting research, or receiving training in their field of expertise. By doing so, they can gain practical experience and training that may not be available in their home countries.
Keep in mind that the J-1 Visa is temporary, meaning, visa holders are expected to return to their home countries after completing their programs. However, one can also apply for an extension or change their status under certain conditions.
What is a Green Card and its Purpose?
A Green Card, also known as a Permanent Resident Card, is an identification document issued by the US government that grants foreign nationals the right to live and work in the United States indefinitely.
The purpose of a Green card is to allow citizens from another country to stay permanently in the US, enjoying most rights similar to those of US citizens, except for certain privileges like voting in federal elections. With this green card, one can easily work in a legal job without any restrictions. Holders can travel abroad and return to the US as long as they do not remain outside the country for more than 12 months at a time.
Interestingly, the term “green card” originated from the card’s historical green colour, although its design has changed over time.
Also Read: What Are The USA J-1 Visa Requirements?
Steps to Transition from J-1 Visa to Green Card
Transitioning from a J-1 visa to a Green Card involves several steps and considerations. Here’s an overview of the process.
- Begin by looking at the eligibility criteria and if you require a J-1 waiver to extend your stay in the USA and then apply for the Green Card.
- After obtaining the J-1 waiver, look if you need to apply for the adjustment of status.
- Next, you will have to prepare all the required forms to move ahead with the process.
- Gather documents such as a Valid passport, two US visa photos, a job offer letter, an approved labour certificate, civil documents (birth certificate marriage certificate), medical examination records and any other supporting documents.
- After all the documents have been submitted, you will then have to attend interviews with the USCIS or with the consulate.
- Since the processing time can vary for each individual, you will have to wait for the final decision.
- Finally, throughout the process, make sure you comply with all US immigration laws and regulations, as any violations could impact your application status.
Green Card Eligibility Requirements
A Green Card can be divided into three categories: Family-Based Green Card, Employment-Based Green Card and Humanitarian-Based Green Card. Each one of them has a different eligibility criteria.
Obtaining J-1 Waiver (If Required)
If you are subject to the Two-Year Home-Country Residence Requirement, you must obtain a waiver before applying for a Green Card. Waivers can be granted based on claims of persecution, exceptional hardship to US citizens or permanent residents, or if an interested government agency requests it on your behalf.
Applying for Adjustment of Status
Adjustment of Status (AOS) is the process through which an individual in the United States can change their nonimmigrant status to that of a lawful permanent resident (Green Card holder) without having to leave the country. To be eligible for the same, one must be physically present in the USA, the individual must have made a lawful entry into the country and must have an immigrant visa immediately available
Processing Time for Transitioning from J-1 Visa to Green Card
The processing time for transitioning from a J-1 visa to a Green Card typically ranges from 18 to 30 months, depending on various factors such as the type of Green Card applied for and the applicant’s country of origin.
Challenges of Converting from J-1 Visa to a Green Card
Converting from a J-1 Visa to a Green Card comes with several challenges, primarily due to specific regulations associated with the J-1 Visa programs. The following are the challenges that the holder needs to encounter during this transition.
- Two-Year Home Residency Permit: Before applying for a Green Card or permanent residency in the US, many J-1 visa holders must fulfil a two-year home residency requirement, which requires them to return to their home country for two years following the conclusion of their program. Upon the completion of the term, people have to apply for a J-1 waiver which is not easily given, causing delays in the process of acquiring a Green Card.
- Complexity of the J-1 Visa Waiver Process: Obtaining a J-1 waiver (extension of a J-1 visa) can be complicated. Therefore, applicants must prove that returning to their home country would be hard.
- Employments-Based Green Card Process: The procedure for obtaining an employment-based Green Card involves submitting an immigrant petition (Form I-140) to USCIS. Topping that, the employer will have to sponsor the application and prove that there is no competent candidate for such a role in the US.
- Limited Immigration Options: Those bound by government funding or specific programs (like graduate medical education) may face continued restrictions, limiting their immigration options
- Financial and Documentation Requirements: There are major financial expenses associated with the switch from a J-1 visa to a Green Card, including application fees and possible legal fees for immigration lawyers.
- Cultural and Social Challenges: When moving to the United States, holders of J-1 visas frequently struggle with cultural adjustment, which can negatively impact their overall experience.
Also Read: Is it Easy to Get a PR in USA?
Green Card Options for J-1 Visa Holders
J-1 Via holders have several pathways through which they can transition to a Green Card. However, the process can be complex due to the two-year home residency requirement which applies to them. The following are the Green Card options that J-1 Visa holders can transition to.
Employment-based Green Card (EB-2, EB-3)
Through employment, foreign nationals can acquire employment-based green cards, which allow them to become permanent residents of the United States. The US Immigration has two types of green cards in terms of Employment-based Green Card: EB-2 category and EB-3 category.
EB-2 Category Green Card
The EB-2 category is designed for professionals with advanced degrees or exceptional abilities in their fields. It includes two main subcategories: Advanced Degree Professionals and Exceptional Ability.
EB-3 Category Green Card
The EB-3 category is broader and encompasses three subcategories: Skilled Workers, Professionals and Unskilled Workers.
The employment-based Green card
Family-Sponsored Green Card
Family-sponsored green cards are a common pathway for individuals seeking lawful permanent residency in the United States. These green cards are divided into two main categories: Immediate Relative Immigrant Visas and Family Preference Immigrant Visas.
Immediate Relative Immigrant Visas
There is no yearly cap on the number of family members that US citizens may sponsor under this category. Eligible relationships that can be included in this category are: Firstly, US citizens aged 21 or older can sponsor their parents by filing Form I-130. Secondly, immediate relatives such as spouses and unmarried children under 21 of US citizens.
Family Preference Immigrant Visas
Family Preference Immigrant Visas are subject to annual caps, leading to potential waiting periods for visa availability. This category includes: F1 Visa (unmarried sons and daughters of US citizens and must be 21 years or older), F2 Visa (spouses and children of lawful permanent residents).
Diversity Visa Lottery
Up to 50,000 immigrant visas are distributed each year through the US government’s Diversity Visa Lottery, also called the Diversity Immigrant Visa Program (DV Program). These visas are given to people from nations with low immigration rates to the US through a random selection procedure. The US Department of State (DOS) oversees the initiative.
Special Cases (Asylum, Extraordinary Ability)
Asylum seekers and people with exceptional talent are examples of unusual instances that significantly influence the immigration landscape under US immigration law. For those with remarkable abilities or confronting particular situations, these groups offer particular pathways.
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Understanding the J-1 Waiver Requirements
Now that we have understood the J-1 visa, we must look at the J-1 waiver which is a legal mechanism allowing J-1 visa holders (issued to exchange visitors) in the US to bypass the two-year home residency requirement that is usually mandated upon completion of their program.
This waiver is particularly relevant for individuals who wish to remain in the U.S. for further study, work, or to adjust their immigration status.
What is a Two-Year Home Residency Requirement?
The Two-Year Home Residency Requirement, often referred to as the “212(e) rule,” is a regulation that applies to certain J-1 visa holders, requiring them to return to their home country for a minimum of two years after completing their program in the United States.
This requirement is designed to ensure that participants contribute their skills and experiences back to their home countries.
All J-1 Exchange visitors and their J-2 dependents are subject to this requirement.
How to Get a J-1 Waiver in the US?
To obtain a J-1 waiver in the United States, applicants must follow a structured application process. But before that, we must look at the eligibility criteria for a J-1 waiver and then move ahead with the application process.
Eligibility Criteria for J-1 Waiver
Applicants may qualify for a J-1 waiver under several bases:
- No Objection Statement: A letter from the home country not object to the waiver.
- Request from a US Government Agency: A letter from an interested US federal agency supporting the waiver.
- Persecution: Evidence that returning to the home country would result in persecution.
- Exceptional Hardship: Proof that returning would cause significant hardship to the applicant or their family.
- Conrad State 30 Program: For medical professionals who agree to work in underserved areas.
Application Process for J-1 Waiver
Here is the application process for J-1 Waiver for all those who wish to apply:
- Complete form DS-3035 which should be completed online for generating a barcode and case number.
Next, prepare all the required documents: completed form DS-3035 with barcode, copies of all previously issued Forms DS-2019 or IAP-66, two self-addressed stamped envelopes (legal-size) and payment of the application fee (USD 930).
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FAQs
Yes, to get a green card after J-1 Visa, you will have to apply and meet specific eligibility requirements and address any restrictions, such as the two-year home residency requirement, if applicable.
The time it takes to get a Green Card after having a J-1 visa depends on the type of green card you apply, which could be Marriage-based green card, J-1 waiver or PERM and NIW.
The two-year home residency requirement, also known as Section 212(e) of the Immigration and Nationality Act, applies to some J-1 exchange students. In this program, the student must be physically present in your home country or legal permanent residence for two years after your J-1 program.
For trainees, it’s 18 months. For interns and Exchange Visitors in the hospitality field, it’s 12 months. For professors and research scholars, J-1 visas max out at 5 years.
So this was all about the “J1 Visa to Green Card.” Want regular updates on study abroad universities and jobs abroad opportunities? Then make sure to subscribe to Leverage Edu today!
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