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Disclaimer: The contents in this web site are only for your information and are not intended to be legal advice. While many of our applicants successfully obtain their I-140 approvals, the information here should not be considered as a guarantee of your green card application outcome.

Do I need a waiver to apply for EB2 NIW I-140?

Question:

 

I read with interest your online book but my situation was not addressed.

 

I have a J1 visa with a two years home restriction. I know I must have a waiver from my home government to apply for change of status. Do I require the waiver to apply for the EB2?

 

Thank you

 

 

Answer:

 

You do not need a wavier to apply for I-140 petition. You can apply this any time on almost on any visa.
However as you mentioned you need a wavier to apply for a change of status (I-485).
You should also be aware that once you apply for I-140 it may become harder to extend J1 visa.
best of luck
Sincerely
Green card for Phd Team
Helping NIW and EB1A applications
with our DIY packages

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