Blog for Postdocs / Phds, National Interest Waiver, Extraordinary Ability

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.

J1 applying for EB2-NIW

My story in nutshell:

Indian national married to Polish national. PhD from Ireland. Applied for J1 (J2 for wife as well) from Ireland. My visa and the ds2019 came with ‘Not subjected to 212e’.

Now I am 2 and 1/2 years into the visa and its time for me to move to another place. So my J1 needs to be transferred. However the issue now is that with this transfer, I am afraid that we might become subjected to the 212e rule especially because at my new place i will be funded by an US govt agency. Can you please suggest what is way out or best solution to this situation?

With less than 2 months in hand, is there enough time to file petition under eb2-niw and/or eb1a?


If it is possible to obtain a H1B at your new place that would be ideal. Most US universities and national labs do sponsor H1Bs which are not subject to any limits and are easier to obtain (if the sponsoring agency is willing to apply). 
You can apply for EB2-NIW i-140 any time and the approvals are generally very quick. They can take between 1-4 mo. However if you were born in India, then eb2 visa numbers are not current and USCIS is only accepting i-485 applications from people applied in 2008 as of August 2015.  
Best wishes
Green card for Phd Team
Helping NIW and EB1A applications
with our DIY packages

2 Responses to J1 applying for EB2-NIW

  • Sherif Ahmed says:

    My fiancee is currently applying for a touristic visa to visit USA. Then she will go back to my home country (Egypt) where were are going to marry. Then she will apply for J-2 visa to join me here in USA (I have been in USA for 3 years on J1). Im wondering if her applying for touristic visa then J2 visa in short interval might make the embassy people doubt and may not give her the J2 visa ?\


    • GCforPhD says:


      We do not think that would be a reason for USCIS to not grant her a J2 visa. So it should not pose a problem. That said USCIS can deny a visa without an explanation (sometimes just to not exceed a certain number of visas) randomly.

      Best wishes

Leave a Reply

Your email address will not be published. Required fields are marked *