One of the most common questions international teachers ask is: “Can I apply for the National Interest Waiver (NIW) even if I’m subject to the J-1 212(e) two-year home residency requirement?”
The answer is yes — but with important conditions.
Understanding the 212(e) Rule
If you came to the U.S. on a J-1 visa and your DS-2019 form or visa stamp indicates you’re subject to 212(e), this means you’re required to return to your home country for two years before you can:
- Apply for an H-1B, L-1, or immigrant visa (green card)
- Adjust your status in the U.S.
You cannot bypass the 212(e) unless you receive an approved J-1 waiver.
So Can You Still Apply for NIW?
Yes — you can still file an NIW-based green card petition (Form I-140) even if you haven’t fulfilled 212(e) or gotten a waiver.
But here’s the catch:
- You can’t adjust status in the U.S. or receive an immigrant visa until you’ve either fulfilled the 2-year home requirement or received a waiver.
- The I-140 can be filed and even approved, but you won’t be able to move forward with the next step (Form I-485 or consular processing) until the 212(e) is resolved.
Two Scenarios for Teachers with 212(e)
✅ Scenario 1: Apply for NIW While in the U.S., Then Return to Fulfill 212(e)
- You file and (ideally) get your NIW petition approved while still in the U.S.
- You return to your home country and stay for two full years
- Once the 212(e) is satisfied, you apply for an immigrant visa at the U.S. embassy using your already-approved NIW
- You return to the U.S. as a permanent resident
✅ This route works well if you’re planning ahead and want to establish a long-term path back to the U.S.
✅ Scenario 2: Return Home First, Then File for NIW
- You return to your home country to fulfill the 2-year rule
- During or after that time, you file your NIW from abroad
- Once approved, you complete consular processing and re-enter the U.S. as a green card holder
✅ This option is ideal if you didn’t begin the NIW while in the U.S., but want to start fresh with a long-term immigration plan.
What You Can’t Do
- You can’t adjust status to green card holder inside the U.S. while the 212(e) is still in effect
- You can’t get an immigrant visa abroad if you haven’t fulfilled 212(e) or obtained a waiver
Great Option!
Filing for the NIW does not cancel out the 212(e) requirement — but it can be part of a strategic, long-term immigration plan.
If you’re subject to the 212(e), the key is timing:
- You can prepare your NIW case now
- Fulfill the 2-year rule or seek a waiver
- Then move forward when legally eligible
NIW is a powerful tool — but it works best when used with a full understanding of your visa restrictions.
Ready to explore your options? Email gemma@teach-usa.net. Use Subject: NIW
⚠️ Disclaimer: Teach-USA is not a law firm and does not provide legal advice. We are an employment facilitation platform that supports international teachers by connecting them with trusted immigration attorneys. All legal consultations and services are handled directly by the licensed attorney you choose to work with.
All information provided is for educational and informational purposes only. Teach-USA does not offer legal representation and does not encourage any actions that may negatively impact your relationship with your current visa sponsor. Always consult with a qualified immigration attorney before making decisions related to your visa status.