Steps and process for adjusting a J-1 visa to an EB-3 Green Card

J-1 to EB-3 Visa Transition: Understanding the 2-Year Home Residency Requirement

‍

Determining Your Eligibility for EB-3 Visa

If you are a J-1 exchange visitor and wish to apply for an EB-3 visa, the rules of your J-1 visa will determine whether you can adjust your status or must apply abroad for consular processing. First, you must determine if the home residency requirement applies to you.

‍

What is the 2-Year Home Residency Requirement?

The home residency requirement means that some J-1 visa holders must return to their home country for a cumulative period of two years after completing their exchange program to ensure that the home country benefits from the skills and experience of that J-1 visa holder.

‍

How to Check if You're Subject to 212(e)

Evidence of whether you are subject to the two-year home residency requirement can usually be found:

On Your J-1 Visa Stamp

• On the J-1 visa stamp page in your passport. It may bear the phrase: "Bearer is (or is not) subject to 212(e). Two-year rule does/does not apply."

On Your DS-2019 Form

• In the section in the lower left-hand corner of your DS-2019 form labeled "preliminary endorsement."

‍

Your Path Forward Based on 212(e) Status

If NOT Subject to 212(e)

If your visa or DS-2019 indicates that you are not subject to 212(e) and the two-year rule does not apply, you may apply for an adjustment of status.

If Subject to 212(e)

However, if you are subject to the two-year rule, you will need to obtain a waiver through Form DS-3035. If your waiver request is approved, you will no longer be subject to the requirement, and you can proceed with applying for an EB-3 visa.

Recommended Action

It is advisable to consult an attorney to assist you with this process.