An H-1B petition will be successful only when the following three conditions are met. First, the employer must show it has a legitimate need for a specialty occupation worker, i.e., an individual who has attained at least the equivalent of a U.S. Bachelor's degree in a specialized field. As a general rule, large and well-known businesses do not have much difficulty in showing they have a need for an H-1B worker professional. Problems can be encountered if the employer is small, or if the business was recently started. However, this can be overcome with proper evidence relating to the stability of the business and its financial soundness.

Second, the position offered is offered must be in a "specialty occupation". Demonstrating that a position will be performed at a professional level is in a specialty occupation is quite easy with some jobs, such as lawyers, accountants, financial analysts, engineers, software professionals, and professors. With many positions, however, it is not so simple. In these situations, the application must carefully define and describe the job duties and responsibilities. If the occupation is little known, or is relatively new, extensive documentation will be required to convince the USCIS of the need for a true H-1B worker.

Third, the prospective employee is must show that he/she is qualified for the position offered. To qualify as a specialty occupation, the position must require at least a bachelor's degree or its equivalent in the field itself or in a related field. Therefore, one of the most important parts of an H-1B case is documenting the alien's education, training, and/or experience. If the alien did not attend school in the US, their degree must be evaluated by a qualified credentials evaluation service to ensure it is at least equal to a US bachelor's degree or higher.

If there are any additional requirements that the alien must meet to take the position offered such as a state license, documentation that these requirements are met must be also submitted.

Once in H-1B status, H-1B employees may apply for a status change from one employer to another. The application process is fairly similar to applying for a brand new H-1B, except that the employee can start working for the new employer once the petition has been filed. H-1B employees may also work for more than one employer at the same time as long as a separate H-1B approval notice has been obtained for each employer. One may also work part-time (as long as the LCA, above, reflects that).

One of the most common ways for an H-1B visa holder to run into trouble with his or her visa status is by failing to comply with immigration regulations when switching employers or changing the terms of his or her present employment. The most difficult problems are usually the result of changing jobs without taking care consideration of immigration issues and consequences.
The first basic rule to note is that an H-1B is employer specific. In other words, it is only valid for the petitioning employer and only entitles the recipient to work for the employer approved by the USCIS. That means that each time a worker moves to a new employer, a new H-1B approval is required.

Also, there are many times when a change in the nature of one's employment will trigger the need to file either an amendment to an H-1B petition or a completely new petition. If the change in employment is "material" then an amendment must be filed. So, for example, if there is a significant change in job duties or a transfer to another job location, then a new petition will probably be necessary.

Note that changes in the corporate structure of a company could mean that a new H-1B petition must be filed. The general rule is that if a new legal entity is created, a new petition is required. This would be the case, for example, if a company is sold and the new company dissolves the old company without assuming its liabilities. A merger that results in the creation of a new company might also mean that new petitions should be filed. If the new company is what in corporate law is called a "successor in interest" then a new petition is normally not necessary.

Finally, H-1B is a dual intent status, which means that a visa will not be denied simply because a person has intentions to become a permanent resident. In fact, H-1B employment often leads to a permanent employment and immigration. Having said that, if problems are caused by poorly filed H-1B petition or by not complying with immigration issues, such record will be used against the future immigration cases. Thus, all issues related to the original H-1B petition and subsequent changes must be fully discussed with a qualified immigration counsel and handled properly to protect both the employer's and employee's present and future interests.

These are general guidelines only. If you wish to discuss your eligibility as a petitioner or beneficiary under this category or other specific questions, please e-mail the individual's detailed resume with a brief description of the employer to heller@greencard1.com.

Many of our inquirers and existing clients are entering or have already entered the United States to work for the same company or a parent, affiliate or subsidiary. These individuals may utilize the preferred L-1 status. In order to facilitate international economic development, the L-1 category was created to allow foreign companies to temporarily transfer, with ease, executives and managers (" L-1A") and technical personnel having "specialized knowledge" (" L -1B") to affiliates or subsidiaries in the United States. For those executives and managers who are already in L-1A status may qualify for permanent residence under the employment-based first preference immigrant category. For a specific discussion of permanent residence for multinational executives and managers, please contact a qualified immigration attorney.

Where the foreign company does not have a pre-existing subsidiary or affiliate operating in the United States, employees may be transferred to the United States under L-1 status for the purpose of opening a new office. At this point, the new office is obviously not required to show real operation beyond viable plan and financial support from the foreign company. However, the initial approval period of such a case will be limited to one-year, after which additional evidence will have to be filed to evidence the U.S. office's continuing need for such employee.

L-1A stay can be extended up to 7 years and L-1B stays up to 5 years in total. Contrary to the popular belief, the initial approval of L-1 petition does not assure the approval of its extensions. L-1 extensions can be denied on several grounds. If the US office is relatively young, the company will have to show it is in the process of carrying out the original business plan, is a real operating business, and continues to require the expertise of the L-1 personnel. If the US office is more established, the continued reliance on the foreign national, as opposed to US workers, may be questioned. In all circumstances, the legitimacy of the U.S. operation and the qualifying role of the L -1 personnel must be proven for successful extension. It should be also noted that the USCIS has at times launched an investigation into the US operation and revoked approved petition if the real situation was found inconsistent with the petition.

Although big multinational companies more frequently use the intra-company transferee category, much smaller operations may utilize this category to set up a US entity and transfer its executive or manager. As long as the foreign entity still exists, the new investor in a US entity may want to use this category to transfer himself rather than using E-2 or the immigrant investor category because the L-1A visa can easily transfer to an Immigrant visa.

L -2 dependents are permitted to attend school but not able to seek employment. However, President Bush signed a new law, which will eventually, once all the regulations have been promulgated, allow spousal employment through EAD processing.

These are general guidelines only. If you wish to discuss your eligibility as a petitioner or beneficiary under this category, please e-mail the individual's detailed resume with a brief description of the employer to heller@greencard1.com.

Many foreign companies that are already doing business in the United States are engaged in some sort of trade. The trade may take many forms such as intangible service and tangible goods. Some companies may want to have a U.S. presence to export raw materials and distribute them to their U.S. customers; some companies export parts and components for their U.S. subsidiaries to put together and sell in the U.S. market place; and other companies trade news, consulting services, technology, etc. Such companies may qualify as E-1 candidates.

Both E-1 and E-2 visas were created to encourage international trade and investment. These visas are permitted for qualifying nationals of countries that have existing economic treaties with the United States.

Then, what are the advantages of utilizing E-1 as opposed to other options? First, there are no specialized degree requirements for the employees as in H-1B. Some high executives have degrees in Business or Economics or other general degrees and have become top executives through hard work and training. Although managerial or executive positions require outstanding background, they are not considered to be positions requiring specialized degrees, but rather positions based on past experience and performance. Thus, E-1 is a clearer option for top executives and managers. On the same token, this absence of specialized degree requirement works for other skilled employees. There may be many skilled positions in the company that do not require a Bachelor's degree in a specific field. In real life, Bachelor's degrees open a door for employment but people do not necessarily develop their career in that specific field. Oftentimes, people build expertise in a completely different field and become highly valuable employees. E-1 option is wonderful in that it allows such experience to be counted instead of making a decision based on a Bachelor's degree only. Second, the E-1 employer does not have to guarantee a prevailing wage or meet the restrictive DOL requirements as in the case of H-1B.

Third, the employees did not have to work for the foreign parent company for 1 year during the past 3 years to qualify for E-1 visa. They simply have to have the same nationality as the owners of the E-1 entity.

Fourth, there are no maximum stay limitations on E-1. In H-1B, the maximum allowed stay is 6 years, in L-1A, one can stay up to 7 years, and in L-1B, only 5 years are allowed. E-1 allows employees and their family members to enjoy a stable status without having to pursue different options to lengthen their authorized stay here.

Finally, E-1 visa applications can be examined and decided by the visa officers at the U.S. Consulates without getting a petition approved by the USCIS in advance. This helps to avoid delays at the USCIS level and having to submit frequent extension applications.

Given the above advantages, what kind of company or employees can qualify for this visa option? The majority of the U.S. entity must be owned and controlled by the treaty nationals. Also, at least 50% of the trade must occur between the U.S. and the treaty nation. This fact can be proven by an established pattern of trade. Thus, new entities and young companies may not have such a pattern to qualify for E-1. If the company does not already have some trade record, it should consider other options such as E-2 or L-1 until it establishes such a trade pattern.

If the company qualifies for E-1 or is already registered as E-1, the company must ensure that it continues to meet the requirements to maintain such a status. If the ownership structure changes or the trade volume falls under 50%, then the company and the employees no longer are in the valid E-1 status and must quickly change to another status even if E-1 visa has not expired.

Another option to consider when a company, owned by foreign national(s), wishes to transfer their home – grown employees and/or hire non-U.S. Citizens to conduct business in the U.S. is E-2 treaty investor.

Again, both E-1 and E-2 visas were created to encourage international trade and investment and are permitted for qualifying nationals of countries that have existing economic treaties with the United States. Also, the advantages that exist under E-1, including: 1) absence of specialized degree requirement; 2) lack of Labor Condition requirements; 3) no limitation on maximum allowed stay; 4) no requirement for 1 year prior employment with the foreign parent company; and 5) convenient Consular processing all exist for E-2 visas as well.
In many circumstances, the company often qualifies for both E-1 and E-2, and it is a simple matter of choice. Then, how is an E-2 option different from an E-1? Whereas E-1 options are limited to companies involved in trade, E-2 options are open to any kind of companies. Thus, if the U.S. entity does not have an established trade pattern, its trade between the U.S. and the treaty nation is below 50%, or the company is not in any kind of trade, E-2 may be an option for it. This also means that the U.S. entity can be quite independent of the foreign parent company. The E-2 entity does not have to trade with the foreign parent nor be in the same business as the foreign parent, which makes E-2 an ideal option for a diversified company. Also, there is no need for the foreign parent company to continue to exist and maintain the same relationship as in L-1. The U.S. entity can eventually absorb the foreign parent or exist separately.

Are there special requirements to qualify for E-2? E-2 companies must have invested or be actively in the process of investing. The investment has to be substantial in relationship to the total cost of either purchasing or creating an enterprise and sufficient to ensure and support the successful development of the enterprise. This also means indebtedness secured by the assets of the company is not considered a qualifying investment. If the company is engaged in neither substantial trade nor substantial investment, look into the L-1 'new office' option. In addition, the investment funds must have been gained by legitimate means and be controlled by the treaty investors. Thus, in case the ownership structure changes by going public in the U.S. or inviting investors of different nationalities, the company and the employees will both fall out the E-2 status.

Finally, I wish to briefly explain the requirements for employees to qualify for E-1 or E-2 status and the legal boundary of the E-1 or E-2 status of the employees and their family members.

Two classes of employees may be accorded E-1 or E-2 status: treaty national serving in a managerial capacity and treaty nationals who serve in technical capacities requiring special training and qualifications. In effect, these employees must be essential for the company's operation because U.S. workers do not have the necessary skills to fill the positions. It is expected, whenever possible, that the company will train U.S. workers will to fill these positions.

Once in the U.S. under the E status, E-1 or E-2 employees themselves are clearly prohibited from engaging in employment for a third party. These employees must work for their E employer. The employees may also work on behalf of related companies of the employer, i.e., the parent treaty organization or any subsidiary or affiliate of the parent organization if such intent or possibility was disclosed at the time of application. On the other hand, the spouse of E employees, once they arrive in the U.S., now may apply for a work authorization and work for any employer of their choice.

These are general guidelines only. If you wish to discuss your eligibility as a petitioner or beneficiary under this category, please e-mail the individual's detailed resume with a brief description of the company/business plan to heller@greencard1.com.

The O category is reserved for:

To qualify, the alien must be coming to the U.S. to work in his or her area of extraordinary ability or achievement. There is currently no annual cap on O visas. The petition is filed by the employer, and not by the alien. The petition must be submitted with evidence that the alien has received a major, internationally-recognized award, such as a Nobel Prize, or evidence of at least three of the following:

If the above standards do not readily apply to the alien's occupation, the petitioner may submit comparable evidence in order to establish the alien's eligibility.

The O-1 category also applies to aliens who are coming temporarily and have extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry.

A U.S. employer should file the I-129 petition with evidence that the alien has received, or been nominated for, significant national or international awards or prizes in the particular field, such as an Academy Award, Emmy, Grammy or Director's Guild Award, or evidence of at least three of the following:

•Performed or will perform services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications, contracts or endorsements;

• Achieved national or international recognition for achievements, as shown by critical reviews or other published materials by or about the individual in major newspapers, trade journals, magazines, or other publications;

• A record of major commercial or critically acclaimed successes, as shown by such indicators as title, rating or standing in the field, box office receipts, motion picture or television ratings and other occupational achievements reported in trade journals, major newspapers or other publications;

• Received significant recognition for achievements from organizations, critics, government agencies or other recognized experts in the field in which the alien is engaged, with the testimonials clearly indicating the author's authority, expertise and knowledge of the alien's achievements;

• A high salary or other substantial remuneration for services in relation to others in the field, as shown by contracts or other reliable evidence; or

If the above standards do not readily apply to the alien's occupation, the petitioner may submit comparable evidence in order to establish the alien's eligibility.

Spouses and minor children (dependents) of O-1 are admitted under O-3 status with the same restrictions as the principal. They may not work in the U.S. under this classification.

These are general guidelines only. If you wish to discuss your eligibility as a petitioner or beneficiary under this category, please e-mail the individual's detailed resume with a brief description of the employer to heller@greencard1.com.

In this article, I wish to discuss something more glamorous and fun - special visas for performing artists, entertainers, and athletes. With increased international exchange of cultural and athletic events, artists, entertainers, and athletes (e.g., actors, dancers, singers, golfers, racers, etc.) often need to travel to the U.S. for special events, productions, etc. Do they require visas to participate in such events or to work in the U.S.?

For certain non-commercial purposes, performing artists, entertainers, and athletes may not need a special visa to enter the U.S. An amateur or group of amateurs, who are not members of any professions associated with that activity and are entering the U.S. to perform in a social or charitable context or as a competitor in a talent show or contest, can travel on a B-2 visa or without a visa if they are nationals of a visa waived country.

A professional entertainer may also be eligible for a B-1 visa or visa free travel if the entertainer is participating in a cultural program sponsored by the sending country and performing before a nonpaying audience with all expenses paid by the member's government or the entertainer is participating in a competition without remuneration other than a prize and expenses.

Similarly, amateur and professional athletes are also eligible for B-1/B-2 visa or visa free travel provided that they are coming to compete in an athletic event. They may not receive payment for their performance other than expenses incidental to the visit.

However, for purposes other than the above-mentioned exceptions, entertainers and athletes generally need to utilize O or P visas to enter the U.S. As P visas have wider applications, I will first explain them before moving on to O visas.

The P visas may be used in the following circumstances:

P-1 applies to aliens at an 'internationally recognized ' level of performance coming to the United States to perform at a specific athletic competition, individually or as part of a group or team or to perform at a specific entertainment performance as a member of an entertainment group. At least 75% of the members must have had a substantial relationship with the group for at least one year. Please note that individual entertainers not performing as part of a group are excluded from this classification, and they must obtain O-1, which has a higher standard.

Here, the specific event must have a distinct and identifiable duration of time. Therefore, a series of performances or competitions for which a detailed itinerary is submitted with the petition is permitted. If performances are to be conducted for different employers, separate petitions must be filed. However, an agent may file a single petition for a series of performances for different employers provided the performers have a contract with the agent, which specifies the full itinerary.

P-2 classification applies to an alien coming temporarily to the U.S. to perform as an artist or entertainer, individually or as part of a group, under a 'reciprocal exchange program' between the U.S. and a foreign country. The P-2 category does not require that the artist or entertainer have attained any particular level of prominence or even experience and it can be given to either individual artists or groups.

For example, Actors Equity (performers in live theatre) runs two P-2 programs with its Canadian and U.K. affiliates. The American Federation of Musicians also has a P-2 program with its Canadian affiliate.

P-3 classification is for an alien coming temporarily to the U.S. to perform, teach, or coach as an artist or entertainer, individually or as part of a group under a commercial or noncommercial program that is culturally unique. The term "culturally unique" is defined as "a style of artistic expression, methodology, or medium which is unique to a particular country, nation, society, class, ethnicity, religion, tribe, or other group of persons."

Finally, the spouse and children of P-1, P-2, or P-3 beneficiaries may accompany them with P-4 visas.

There is no separate classification for support personnel for P beneficiaries. However, USCIS will approve petitions for a highly skilled essential person who is an integral part of the competition or performance of a P-1, P-2, or P-3 alien because he or she performs support services, which cannot be readily performed by a U.S. worker. The essential support alien must have at least one year of experience providing support to the principals.

For the artists, entertainers, and athletes to obtain P visas, their employer or authorized U.S. agent (those who usually arrange short-term employments on behalf of self-employed individuals) must first file a petition with the USCIS. The petition must be approved before the beneficiary can apply for a visa.

In most cases the employer must also obtain a consultation from an appropriate union or peer group (and management organization for motion picture and television cases) regarding the nature of the work to be done and the qualifications of foreign national. P petitions will not be approved it the employment of the beneficiary would adversely affect the wages, and working conditions of U.S. citizens or lawful permanent residents

Once the petitions have been approved, P visas may be granted for the period of time required to complete the competition or event for which the individual or group has been admitted, but not to exceed one year. Extensions of stay may be approved for individual athletes and his/her essential support personnel for up to five years but not longer than ten years. Athletic teams, entertainment groups, and individuals in reciprocal exchange programs or culturally unique programs may be granted extensions in increments of one year to continue or complete the activity or event for which they were admitted.

For P visa purposes, "competition, event or performance" is defined as an activity such as an athletic competition, athletic season, tournament, tour, exhibit, project, entertainment event or engagement. According to the definition, such an activity can include short vacations, promotional appearances for the petitioning employer relating to the competition, event or performance, and incidental/related stopovers.

O-1 visas, the 'super star' visas, are also available for artists, entertainers, and athletes. However, in order to qualify for O-1 visas, the alien must demonstrate that he or she has risen to the very top of the field. For this reason, it is often easier for both artists and athletes to qualify under the P-1 category except for the case of individual artist or entertainer, not participating in an exchange or culturally unique program.

As explained above, if the situation necessitates O or P visas, it takes some time for the petitioner to complete a consultation with the union or management group and file a petition on behalf of the aliens and for the consulate to process the visa. Therefore, in order to avoid a delay of production or postponement of scheduled events, the involved parties must seek legal advice from a qualified immigration attorney as soon as possible.

These are general guidelines only. If you wish to discuss your eligibility as a petitioner or beneficiary under this category, please e-mail the individual's detailed resume with a brief description of the employer to heller@greencard1.com.

In a typical minority community in the U.S., immigrant members often find solace and strength in their religious organizations. Churches and temples not only serve as religious sanctuary but also a social community. Continuing their religious tradition is one way for immigrants to keep contact with their old culture and roots. For this reason, ethnic religious organizations thrive in the U.S. and the U.S. immigration law allows for work authorization and immigration not only for ministers but also for all types of foreign religious workers.

Religious institutions that wish to hire foreign ministers and religious workers often ask about the criteria, used to qualify a petitioning organization and the individual who they wish to hire. Unfortunately, both the R-1 and the Special Immigrant categories have been abused in the recent years. Because of this, the USCIS and Consular officials have begun to define and apply the law narrowly. In order to determine one's suitability for the specific categories, a qualified and experienced immigration attorney will examine several factors. In this article, I will list a few of the concerns often raised by our clients.

First, the petitioning organization must be a 'bona fide' religious denomination, with nonprofit and tax-exempt status. Such status/identity is not usually a big concern for the immigrant community because most petitioners belong to a widely recognized faith group. However, we have found that some smaller petitioners have neglected to file and keep proper records and may still run into problems due to the lack of sufficient evidence. In addition, although the petitioner does not have to be a certain size, the petitioner must be able to pay a reasonable salary for the service rendered by the religious worker.

Secondly, the offered position has to be examined. The religious position offered must generally be a full-time position and related to a bona fide religious function. Examples of religious occupations include, but are not limited to, ordained ministers, nuns, monks, liturgical workers, religious instructors, religious counselors, cantors, catechists, workers in religious hospitals or religious health care facilities, missionaries, religious translators, or religious broadcasters. The characterization of the position, its duties and responsibilities, are often a complex one and requires close examination by the practitioner to avoid USCIS scrutiny.

Thirdly, the individual's qualification must be examined. This discussion sometimes revolves around whether the individual may qualify for immigration right away. There are huge differences between the standards for the R-1 status and those for the immigrant status. The temporary status requires the individual to have been a member of the same denomination for two years whereas the immigration category requires him/her to have carried on a religious vocation for two continuous years, immediately preceding the filing.

The thorny points in adjudicating the individual's qualification deal with: whether the petitioning organization and the organization abroad of which the beneficiary was a member belong to the same denomination; whether the beneficiary's prior religious work qualifies as "religious vocation"; whether the previous religious work was compensated and full-time; and if there was any break of time during the two years preceding the filing.

As one can see from the above list, petitions for religious workers, whether temporary or permanent, involve many subtle and complicated issues. In order to skillfully handle such matters, one must closely consult with an experienced immigration attorney who understands the legislative intent and policy guidelines underlying the law.

These are general guidelines only. If you wish to discuss your eligibility as a petitioner or beneficiary under this category, please e-mail the individual's detailed resume with a brief description of the religious organization to heller@greencard1.com.

The category "Professionals Under the North American Free Trade Agreement" is available only to citizens of Mexico and Canada. Under the North American Free Trade Agreement (NAFTA) a citizen of a NAFTA country may work in a professional occupation in another NAFTA country provided that 1) the profession is on the NAFTA list, 2) the alien possesses the specific criteria for that profession, 3) the prospective position requires someone in that professional capacity and 4) the alien is going to work for a U.S. employer. The spouse and unmarried, minor children of the principal alien are entitled to the derivative status, but they are unable to accept employment in the United States. Aliens entering under this classification are considered non-immigrants.

Canadian citizens are not required to obtain a visa, but instead receive "TN" status with USCIS at the port of entry. The "TN" status will only be granted if the period of stay is temporary. Mexican citizens, however, must meet requirements that are very similar to H-1B process.

These are general guidelines only. If you wish to discuss your eligibility as a petitioner or beneficiary under this category, please e-mail the individual's detailed resume with a brief description of the employer to heller@greencard1.com.

When first-callers inquire about immigration matters, my first question is what status they are presently in. Not only their immigration status tells me a lot of the person's situation, it also determines the future course of immigration. I find that in all U.S. immigration statuses and visas, J-1 is the most potentially troublesome one and therefore deserves some unveiling for the readers.

The J exchange visitor program is used by U.S. government agencies and international and reputable private organizations to sponsor such diverse individuals as students, scholars, trainees, teachers, professors, research assistants, foreign physicians engaged in graduate medical training, specialists, international visitors, and their family members. Because of the broad-range of the program and the relative ease of visa issuance, J visa is widely used by people who enter the US for a short-term stay.

Most people who are applying for J-1 and J-2 dependent visa are not aware that many times, a J-1 visa is issued with a requirement that J-1 program participant return to their home country for two years. This is often called a 'return residency requirement'.

The requirement is imposed where: the alien's exchange program was financed, in whole or in part, by the home country government or by the U.S. government; the alien's skills were determined to be in short supply in the home country (skills list); or the alien has engaged in graduate medical education or training. Almost all J-1 visiting scholars and post-graduate students are subject to the two-year home residency requirement by virtue of the 'skills list', above.

Unless the two-year home residency requirement has been fulfilled or a waiver of this requirement has been obtained, the J-1 aliens and their J-2 dependent family members are not eligible to apply for a change of status within the US to another type of non-immigrant visa, a change to permanent residence (green card status), or even the obtaining of an H or L non-immigrant visa abroad. If a waiver is not obtained, this two-year period must be spent in the alien's home country, or the country in which they last permanently resided before coming to the US. A J-1 alien who departs for a third country and who subsequently becomes resident there will not satisfy the requirement.

What is worse, J-2 dependents are independently subject to this requirement. That is, even if, for example, the J-1 father returns home and serves the country for two years and more, the J-2 family members may not apply for a change of status or any change to permanent residence unless they themselves fulfill the two-year requirement. However, if the J-1 principal alien obtains a waiver, J-2 aliens will become free of that requirement.

The J-1 alien may request for a waiver of the two-year home country presence requirement based on one of the following four grounds: exceptional hardship to a US citizen or permanent resident spouse or child; fear of persecution based on race, religion or political opinion in their home country; no objection from the alien's home country; or a request from an interested government agency. Unfortunately, these waivers not only are difficult to obtain but also take a long time to process.

J-1 aliens usually come to the US to simply participate in a short-term study, research, and program with the clear intention to return to their home country. However, during their stay in the US, they may meet someone they wish to marry, or receive a once in a lifetime job offer (or for that matter become entrepreneurial!). Sometimes, one's children and/or spouse will wish to remain in the US to continue their education and/or work (allowed for J-2 spouses). If they are subject to the two-year home residency requirement, none of the above is possible without obtaining a waiver. Therefore, if the reader is considering a J-1 program, he or she would be wise to explore other venues to attain the same goal and seek the advice of a qualified professional. And if the reader is already subject to the residency requirement and wishes to obtain another status, he or she should again seek professional advice to find a solution.