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.

Can I get NIW without applying J1-waiver?

I am currently on J-1 visa and thinking to apply NIW, for this do I need to apply or get approval of J-1 waiver first? I heard employment authorization card will not get approved without having J-1 waiver?



2 Responses to Can I get NIW without applying J1-waiver?

  • Tigran Kalaydzhyan says:

    First, check if you are subject to the 2 years ban – this is written on your visa stamp and in the DS2019 form. If both of them say you are, then you have to get the waiver before you apply for the adjustment of status and work authorization. At the same time, you may file I-140 without the waiver. If you are not subject to the ban, then you don’t need the waiver at all. If the visa stamp and DS2019 state two different things, then you have to request the so-called Advisory Opinion to figure out if you are subject to 2 years ban.

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