Q: I am currently a J1 visa holder, subjected to the two year rule. Could you provide some information on how I can alter?

A: Generally, a J1 waiver is needed in order to change immigration status or be sponsored by your employer for a working visa without having to go through the 2 year home residency requirement. Work with an immigration attorney

A: A person may be subject to the two-year residency requirement based on the Exchange Visitor Skills List, government funding or participation in a graduate medical education program. With respect the Skills List, the U.S. Department of State published a Public Notice, dated December 9, 2024, updating the Exchange Visitor Skills List. According to the Public Notice, “J nonimmigrant exchange visitors who were subject to the two-year foreign residence requirement at the time of their admission or acquisition of J status based on designations in a previously published Skills List will no longer be subject to that requirement if their country is not designated”. This means that if you became subject to the two-year residency requirement due to the Skills List and your country is not included in the new Skills List, then you may no longer be subject to the two-year residency requirement. You should consider retaining an attorney to review this issue depending on your circumstances.

A: Navigating the two-year home residency requirement can be challenging, but there are several options you might consider. One common approach is applying for a waiver of the two-year rule. This typically involves demonstrating that returning to your home country would pose a hardship to you or your family, or obtaining a no-objection statement from your government.

Another pathway is to seek a change of your visa status while you are still in the United States. For example, you might explore transitioning to an H-1B visa if you find an employer willing to sponsor you. This process requires careful planning and timely application to ensure you maintain your legal status throughout.

Additionally, engaging with an immigration attorney can provide personalized guidance based on your specific situation. They can help you understand the best strategy to pursue and assist with the necessary paperwork. Staying informed about the latest immigration policies and maintaining your current status are crucial steps as you work towards altering your visa conditions.