| Frequently Asked Questions |
Your Immigration Questions Answered by VisaPro.
Here, you will find detailed answers to many of most common immigration questions. |
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| 19. | Can I apply for a Green Card while on J-2 visa? |
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Yes, you may apply for an immigrant status in the U.S. if you qualify for any of the following options and if you are not subject to the 2 year home residency requirment: |
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| Family Based Immigration: If you have close relatives who are U.S. citizens or lawful permanent residents, the relatives may file an immigration petition for you as the beneficiary |  |
| • | Employment Based Immigration(Labor Certification): You may find an employer who is willing to file a Labor Certificate for you with the DOL |
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EB-1: You may also file an immigration petition based on the classification of 'Alien of Extraordinary Ability' - EB-1(A) or 'Outstanding Professor/Researcher' - EB-1(B).
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National Interest Waiver: You may also file an immigration petition through a National Interest Waiver (NIW). National Interest Waivers are available to foreign nationals who are seeking work in a profession and who have an advanced degree (or equivalent experience) or can prove themselves as ‘aliens of exceptional ability’.
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Note: If you are subject to the home residency requirement you must get a waiver
before applying for immigrant status. |
| 20. | Are there any restrictions on the education of J-2 children? | | | |
| | A J-2 child who attends school in the U.S. while in derivative status must either depart the U.S. at the conclusion of the principal J-1 applicant's legal stay, or change status while in the U.S. to F-1. |
| 21. | I am visiting the U.S. on a J-2 visa. Why are FICA Retirement and FICA Med being deducted from my paycheck? |
| | | | | In order for an individual to be exempt from FICA tax withholding under section 3121(b)(19), the individual must be: |
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| Nonresident foreign national | | | • |
Present in the U.S. under an F, J, M, or Q visa | | | •
| Performing services in accordance with the primary purpose of the visa's issuance. The spouse and children dependents of the primary visa holder (normally holding an F-2, J-2, M-2, or Q-2 visa) are not eligible for the section 3121(b)(19) exemption because the purpose for their visit to the U.S. is to accompany the primary visa
holder, not to work |
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 | Benefits of the J-2 Visa |
| | Requirements for the
J-2 Visa | | | Applying for the J-2 Visa | |
| Duration of Stay |
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