How do I get the J-1 two-year rule 212(e) waived?

Key answer

Through a waiver under State Department rules: a no-objection statement from your country, an interested government agency, hardship or persecution. While the rule applies you cannot change to H or L status or get a green card, but O-1, EB-1A and NIW petitions can be filed. J-2 family members carry the same rule.

Community answers

The answers below are translated from the original Russian - the language of the community chats.

"As a dependant I would have had to spend 2 years in Russia" - the member was on J-2 when the family got the two-year home-residence requirement, and they ended up leaving for Turkey without waiting for a decision.
A petition is possible while the rule applies: a member filed for EB-2 NIW from J-1 with four papers and 53 citations while working at a good university.
Universities offer foreigners J-1 or H-1B; on J-1 the spouse may work, on H-1B not, which, in one member's words, "left no choice but to file for EB-1A".

The answers are anonymized community experience from the public chats, not legal advice. Officers may decide similar cases differently.

Sources

State Department: waiver of the two-year rule 212(e)

All questions on: Consulate and interview All questions on: Green card

How do I get the J-1 two-year rule 212(e) waived?

Community answers

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