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Dear Sophie: How can I salvage my 2-three hundred and sixty five days foreign places residency requirement for my J-1 waived?

Right here’s one other version of “Dear Sophie,” the recommendation column that solutions immigration-related questions about working at expertise firms.

“Your questions are distinguished to the spread of files that enables of us all around the world to rise above borders and pursue their dreams,” says Sophie Alcorn, a Silicon Valley immigration attorney. “Whether or no longer you’re in of us ops, a founder or attempting for a job in Silicon Valley, I would esteem to acknowledge your questions in my next column.”

“Dear Sophie” columns are accessible for Additional Crunch subscribers; spend promo code ALCORN to procure interplay a one- or two-three hundred and sixty five days subscription for 50% off.


Dear Sophie:

I’m coming into my 2d three hundred and sixty five days within the U.S. below a five-three hundred and sixty five days J-1 study visa from Italy. When we came we notion it will be momentary, but our plans procure changed and now we’re looking out for to have a study to forestall within the U.S. My husband began his maintain company here on his J-2 visa work enable, and our daughter became once born here. Nonetheless, we’re supposed to return to Italy for two years. How can we salvage a 212(e) waiver?

—Clear in Palo Alto

Dear Clear:

Congrats for your accomplishments — the beginning of your daughter, your study put and your husband’s startup. Cushty to portion about the J-1 visa, the 2-three hundred and sixty five days home residency requirement (a fraction of the law called “212(e)”) and acquiring a waiver so it is probably you’ll perchance perhaps see a green card or one other kind of visa. For further background, take a study my podcast on the two-three hundred and sixty five days foreign places residency requirement and submitting a waiver and final weeks’ Dear Sophie column with a high level view of the sorts of J-1 visas. The sooner you open preparing your waiver application, the upper.

The J-1 Academic and Cultural Change Visa is intended for of us from across the globe to work or see within the U.S. after which have interaction their newly got files and abilities attend to their home nation. Given that, it is no longer a straight direction for these who to purchase after your arrival to stay long term within the U.S. I recommend working with an skilled immigration attorney to place a technique for reaching your targets beyond getting a waiver. I additionally recommend talking with your employer to assess whether or not they can later sponsor you for a green card.

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