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

Published Jun 29,2014 By GCforPhD

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
Posted in J1

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