J2 IGA (Over 21) Waiver of Two-Year Foreign Residency Requirement, Interested Government Agency Approval for Chinese Client in Jersey City New Jersey

CASE: J-2 Waiver of Two-Year Foreign Residency Requirement / Over 21-year-old dependent child

NATIONALITY: Chinese

LOCATION: Jersey City, NJ

Our client  is a citizen of China who came to the U.S. on a J-2 Visa in January 2014.  He came with his mother who entered on a J-1 Visa as a researcher in the U.S. Both were subject to the two-year foreign residency requirement, meaning they had to go back to their home country for two-years before they can apply for permanent residency or some non-immigrant visa such as the H, L, and O visas.

He turned 21 in March 2019.  By getting a waiver, he would have the ability to be petitioned for H-1B status by his prospective employer. However, because of his two-year foreign residency requirement, our client cannot change his status in the United States without fulfilling the 2-year rule or the waiver. 

Although J-2 dependents cannot independently apply for a waiver, in cases where a J-2 child reaches 21, the Waiver Review Division may consider requests for waivers on behalf of the J-2 dependent.  The Department of State’s policy allows for that process in instances where the J-2 dependent obtains a divorce form the J-1 principal, the J-1 principal dies, or in cases where the J-2 dependent turns 21, which is our client’s case. In fact, our client turned 21 in March 2019.  

Our firm was retained to do his J-2 waiver and on November 9, 2021, the J-2 Waiver application (Form DS-3035 and supporting documents) was filed to the Department of State. We also sent a request to the DOS to be an interested government agency and recommend this waiver based on the fact that our client reached the age of 21 and was not a dependent of a J-1 visa holder anymore.  Eventually, on March 18, 2022, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On April 15, 2022, the USCIS issued an I-612 approval notice for our client’s waiver request.