International research scholars in the United States on J-1 visas must meet several requirements to seek long-term residency.
The process has become increasingly important as the Trump administration scrutinizes this exchange visitor and other high-skilled visa programs, including a recent Labor Department investigation into nine universities over alleged wage undercutting and improper financial ties in federally funded research, a DHS rule—effective Sept. 15, 2026—capping F-1 and J-1 admission at up to four years, and higher proposed OPT fees.
Pathways include the EB-5 visa
J-1 visa holders may pursue permanent residency or continued employment in the U.S. through several pathways, including:
- H-1B: Universities and nonprofit research institutions are generally exempt from the annual lottery.
- O-1A: For individuals with documented national or international acclaim in fields such as science or education.
- EB-1A: A self-petitioned green card for individuals with extraordinary ability; no sponsor is required.
- EB-1B: A green card for outstanding researchers with institutional sponsorship and a permanent job offer.
- EB-2 NIW: A green card that may waive the labor-certification requirement when the applicant’s work benefits the United States.
However, procedures and requirements for these programs may change as the administration adjusts policy on employment-based and exchange visitor categories.
The EB-5 Immigrant Investor Program offers another route. Unlike the employment- and achievement-based options above, EB-5 is investment-based. An investor may qualify for a green card by investing the required amount in a new commercial enterprise that creates at least 10 full-time jobs for U.S. workers.
How can J-1s apply for the EB-5 visa?
For J-1 visa holders, however, eligibility to pursue EB-5 adjustment of status depends in part on the two-year home-country physical-presence requirement under Section 212(e) of the U.S. Immigration and Nationality Act.
J-1 holders are generally subject to this requirement if they:
- Received funding from the U.S. government, their home government, or an international organization.
- Have a field of study or skill listed on the Exchange Visitor Skills List for their country.
- Came to the U.S. for graduate medical education or training.
Individuals who meet these conditions must spend two years in their home country or obtain a waiver before applying to adjust status to permanent residency or change to certain work visas.
Depending on the circumstances, they may seek a waiver through a No Objection Statement from their home government, a request from an Interested Government Agency, a claim of exceptional hardship to a qualifying U.S. citizen or lawful permanent resident spouse or child, or a claim based on persecution.
“However, not every waiver category is available to every J-1 scholar,” says Tony Wong of Wong & Associates.
If a J-1 holder files Form I-485 before satisfying the two-year requirement or obtaining a waiver, the United States Citizenship and Immigration Services (USCIS) will deny the application.
EB-5 attorney Kyle Mitchell explains that obtaining a No Objection Statement is a common way to pursue the waiver.
“That route is not certain, and denials do happen,” Mitchell cautions. “When it is unavailable or denied, the alternatives are an interested government agency request, where a federal agency states that the scholar’s departure would be contrary to the public interest, or a showing of exceptional hardship to a U.S. citizen or lawful permanent resident spouse or child, or persecution in the home country. The last two are difficult to establish.”
J-1 holders who are not subject to the two-year requirement may be eligible to file Forms I-526 and I-485 concurrently. They may also apply for temporary work authorization and travel permission while USCIS processes their case.
“EB-5’s concurrent filing is particularly an attractive immigration strategy, especially for Chinese scholars,” Wong adds. “For scholars concerned about university funding uncertainties, employment interruptions, or J-1 program expirations, concurrent filing may offer an important alternative pathway to permanent residence.”
Concurrent filing also carries practical risks. “J-1 is not a dual-intent category, so a pending I-485 creates exposure on extensions, program transfers, and reentry,” Mitchell explains. “And departing the U.S. with a pending I-485 without advance parole abandons the application. For scholars who travel for conferences or fieldwork, that is the practical issue.”
The 90-day intent rule
Even when concurrent filing is available, J-1 applicants must continue to comply with nonimmigrant-intent rules. Filing Form I-485 within 90 days of entering the United States may create a presumption that the applicant misrepresented their original intent.
“Be prepared for increased scrutiny,” Mitchell says. “Filing exactly 91 days after entering on the J-1 does not guarantee your client won’t be flagged, especially since USCIS may inquire when the client initially began preparing their EB-5 petition and researching projects. This comes up at the AOS stage.”
Because of this risk, eligible scholars may choose to wait more than 90 days after entering the U.S. before filing for adjustment of status through EB-5. However, the 90-day rule is not an automatic filing deadline or safe harbor.
“J-1 scholars should exercise caution when pursuing EB-5 adjustment shortly after entering the U.S.,” Wong concludes. “USCIS may examine whether the applicant misrepresented their intentions when obtaining the J-1 visa or seeking admission.”
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