Here is another version “Dear Sophie,” an advice column that answers immigration-related questions about working at tech companies.
“Your questions are critical to spreading the knowledge that allows people around the world to rise above borders and pursue their dreams,” said Silicon Valley immigration attorney Sophie Alcorn. Whether you’re in People Ops, a founder, or looking for a job in Silicon Valley, I’d love to answer your questions in the next column.
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Dear Sophie,
I am a Fulbright Scholar on a J-1 visa. I was told that I would be forced to return home for two years after my J-1 expired.
Is there any way I can stay in America? Can I apply for an O-1A or green card even if I have to return to my country?
– Want to stay
dear seeker,
Congratulations on joining the Fulbright Scholars! This is a great achievement that will ultimately strengthen your green card application!
However, being a Fulbright Scholar also comes with a price: I have never seen a Fulbright Scholar receive a 212(e) exemption from the J-1 two-year foreign residency requirement. (If you are a Fulbright Scholar, please email me if your waiver is approved!)
I recently spoke with Anthony Pawełski, senior international advisor at Brigham General, Mass., which includes 16 institutions including teaching hospitals affiliated with Harvard and Tufts. In that role, Pawelski processes thousands of J-1 and other nonimmigrant visa applications each year, but said he has seen only a handful of waivers granted to Fulbright scholars. Even requests by NASA and the National Science Foundation to cancel Fulbright Scholars have been denied.
Pawelski noted that India does not support J-1 waivers for Indian-educated medical doctors, and that Thailand and the Philippines are very strict in supporting waivers.
Before I share about your visa and green card options for working in the US after your exchange visit is over, here’s the J-1 two-year residency requirement and the process for applying for a waiver for those who qualify. A word of caution: The J-1 is a non-immigrant visa, so people seeking a green card or permanent residence in the US are denied a J-1 visa.
Image Credits: Joanna Buniak / Sophie Alcorn (Opens in a new window)
Two-year residency requirement
As you know, the J-1 educational and cultural exchange visa has many advantages, such as being open to individuals in a variety of fields and allowing the spouse of a J-1 visa holder to apply for a work permit. Although the pros may outweigh the cons, the biggest limitation of the J-1 is the two-year residency requirement you face.
