Sleeping in Canada to fulfill J1 home residency requirement?

[hello-doc]

Hello,

I recently learned that Canadians could fulfill the 2 -year J1 home residency requirement by commuting between the US /Canada on a daily basis. Since I am based in Michigan, I am wondering if it is possible to fulfill the J1 requirement by working in Detroit while "sleeping" in Windsor for 2 years. I am wondering if anyone has any experience with this and I would greatly appreciate any insight!

Thanks!

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[Highlander455]

From what I understand, sleeping in Canada is an option. See here: “Sleeping in Canada” and Other Strategies for the Canadian J-1 Physician -. This is based on what is often called "the Canadian loophole" as it pertains to entering the US in H1B status without a visa: Canadian Loophole for H-1B (Without a J-1 Waiver) — Irvine Legal Construction Business Healthcare Attorneys.

I would not undertake this pathway without first seeking advice from an immigration attorney who is experienced with H1B and the Canadian loophole.

From what I understand, you would need to find a program in the US close to the border (basically Detroit or Buffalo) that would sponsor you for an H1B visa. You would live in Windsor or Fort Erie and commute to Detroit or Buffalo. A Nexus card would help speed up border crossings for the commute.

It may not be easy to find programs that will sponsor an H1B as this is generally more costly for the program than a J1.

Hope this helps. Let us know how it works out if you decide to do it.

 

[Psoralin]

Just chiming in that my friend did this. He lived in Fort Erie and commuted back and forth to Buffalo for work for two years so it definitely is possible.

 

[hello-doc]

Just chiming in that my friend did this. He lived in Fort Erie and commuted back and forth to Buffalo for work for two years so it definitely is possible.

Thank you! That's good to know!

 

[geniusindisguise]

Can be done in places other than border towns, but as a bridge, since you would eventually need a waiver to transition to green card. You can renew for up to 6 years then annually beyond 6 years if you have an i140 for example through an NIW.