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If I apply for a J-1 visa, will it affect my EB-5 application?

My parents filed for EB-5 last November with me being the dependent. I recently got an internship position in the U.S. which will require a J-1 visa. Since this position is in the field of engineering, after the internship I will have to stay two years in my home country. If I plan to go to the U.S. or some other countries for my graduate study after living one year in my home country after the internship and not fulfill the two-year requirement, will my EB-5 application get affected?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You must either obtain a waiver or have the 2-year residency fulfilled or get an advisory opinion you are not subject to the 2-year residency requirement. You may also have age-out issues to immigrate on EB-5. Have a consultation with your immigration counsel.

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    Barbara Suri

    Immigration Attorney
    Answered on

    You will not be granted any type of visa until the two-year requirement is either satisfied or waived.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Yes, you will have to stay in your home country or country of last residency, and spending only one year there is insufficient unless you can get a waiver of the two-year rule.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    There are a number of considerations you need to be aware of. First and foremost, the only way out of the two-year mandatory home stay/residency requirement is a waiver. If you get that, great. If not, getting the J-1 visa will subject you to that requirement. Although your age is frozen at the time of the I-526 filing, it is "unfrozen" once you are approved. If due to the J-1-induced two-year home residency requirement, you cannot apply for conditional residency in time. You could potentially age out and not benefit from your parents' EB-5 application. Therefore, I strongly recommend that you seek expert immigration attorney advice.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    The J-1 does require two years in the home country. It is likely to be enforced in your situation unless a waiver is granted. This may affect the EB-5. Advisably, seek guidance with the help of your EB-5 attorney and prior to participating in the J-1 program disclose and discuss your EB-5 petition with the sponsor of the J-1 program.

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    Charles Foster

    Immigration Attorney
    Answered on

    If you apply for a J-1 non-immigrant visa after your parents filed for an EB-5 last November, you may be deemed to be ineligible if it appears that you're intending to immigrate to the United States. However, under the concept of "dual intent," you may have, in the interim, a desire to have an internship in the U.S. and immigrate on a long-term basis. As you indicated, you can also be subject to a two-year foreign residency requirement which can delay the issuance of your immigrant visa, for that period of time, until you have returned and resided two full years in your home country.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You will not be able to immigrate until the two-year requirement is either waived or fulfilled, or you get an advisory opinion that you are not subject to the requirement. You also need to worry about aging out as a derivative under your dad.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    Immigrant visas are affected by the two-year residency requirement.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    If your J-1 visa is subject to the two-year home residency requirement upon completion of your J-1 stay, then you cannot adjust status to a U.S. lawful permanent resident until you have either fulfilled the two years abroad, or file and be approved for a waiver of the two-year requirement.

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