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Is a J1 visa a good way to get into the US to look for an H1B sponsor?

Is a J1 visa a good way to get into the US to look for an H1B sponsor? by @R44D

Answer by Raad Ahmed:

Possibly.

If you come to the US on a J1 visa then you can technically apply for an H1-B visa at the beginning of the new fiscal year if the visa cap has not already been met. However, if your employer is exempt from the status then you are eligible to apply at any time.

Potential issues:

  • Visa cap is met and you can’t complete the J1 to H1-B transfer
  • Your J1 visa may have a 2-year home residency requirement (meaning you must reside in your home country for two years before applying for any type of work visa).

To avoid the residency requirements, you may be eligible to apply for a J1 visa waiver to simplify the process.

J1 visa waiver requirements:

  • No Objection Statement
  • Interested Government Agency in the U.S.
  • Claim of Persecution
  • Claim of Exceptional Hardship
  • Request from Designated State Health Agency

As you may already know, the immigration process can be complicated. It is virtually impossible to say which solution is best for you without properly discussing the specifics of your situation. It is best to go over the details with an immigration attorney.

LawTrades can help. We are a marketplace of world-class lawyers that are incredibly experienced at what they do. Our immigration attorneys can assist you with discovering the appropriate path to work in the US. Check out our website to learn more and to get in touch.

Is a J1 visa a good way to get into the US to look for an H1B sponsor?

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