Green card in the category EB1

This is a discussion on Green card in the category EB1 within the Green Card Issues forum, part of the Naturalization & Citizenship category; Is it more difficult to get a green card in the category EB1 ("foreign nationals that are outstanding professors or ...

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Old Jul 24th, 2008, 12:02 PM   #1
Default Green card in the category EB1
Is it more difficult to get a green card in the category EB1 ("foreign nationals that are outstanding professors or researchers") when holding a J1 visa versus an H1B visa?

I am currently on an H1B visa but consider changing to J1 (because I am no longer an employee of the University I work at but privately sponsored). Down the line I want to apply for a green card and wonder if this move would affect my chances. Thanks.
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Old Jul 24th, 2008, 01:53 PM   #2
Default Re: Green card in the category EB1
First, keep in mind that the EB-1 outstanding professor/researcher category is fairly difficult to qualify for to begin with. However, I shall assume that
you have the level of international recognition of your work that would be required.

The issue that arises with the J-1 is not at the EB-1 petition stage but at the I-485 adjustment of status stage. Some J-1's are subject to 212(e), the two-year home residence requirement. After completing their J-1 program in the U.S., they must spend two years in their home country before they are eligible to apply for a green card, including an EB-1 green card.

Therefore, if you wish to get a green card later and are considering switching to J-1 now, make sure that the J-1 program will NOT subject you to the 212(e) two-year home residence requirement.
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