What Immigration Benefits Are Restricted for a J-2 Subject to INA §212(e)?
A J-2 who is subject to INA §212(e) is subject to the same two-year requirement as the principal J-1 and faces the associated restrictions on adjustment of status, immigrant visas, and H, L, or K visas until the requirement is satisfied or waived.
Adjustment to permanent residence is restricted
DOS identifies adjustment of status to lawful permanent residence as one of the immigration benefits restricted while §212(e) remains unresolved.
Immigrant visas are restricted
A person subject to the requirement cannot receive an immigrant visa until the two-year requirement has been satisfied or waived.
H, L, and K visas are also restricted
DOS identifies H temporary worker visas, L intracompany transferee visas, and K fiancé visas among the categories barred while the requirement remains in effect.
Frequently Asked Questions
Can a J-2 subject to 212(e) adjust to a green card?
Not until the applicable two-year requirement has been satisfied or waived.
Can a subject J-2 receive an H-1B visa?
The §212(e) restriction prevents issuance of an H visa until the requirement is satisfied or waived.
Does the same restriction apply to L and K visas?
Yes.
Need Help With a J-1 Waiver?
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