Messersmith Law Firm

Immigration Q&A - May 30, 2010

J1 Grace Period

Q1: My J status expired and I am in the middle of my 30-day grace period staying in the US, can I apply to change to other nonimmigrant status at this stage?

Although I am unaware of any specific statutory authority, USCIS regularly issues approvals for change of status application filed during the J1 grace period.

NIW Minimum Requirements

Q2: I'm considering filing a green card through the NIW. What are the minimum requirements to apply for an NIW? To apply for an NIW, do I have to be both an Advanced Degree Professional and Alien of Exceptional Ability?

The national interest waiver is within the EB2 category and must meet the minimum requirements of EB2 which is evidence of an advanced degree or exceptional ability.

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