CASE: J-2 Waiver of Two-Year Foreign Residency Requirement / Over 21-year-old dependent child
NATIONALITY: Chinese
LOCATION: Jersey City, NJ
Our client was a citizen of China who entered the U.S. on a J-2 visa in October 2009 alongside his mother, who held a J-1 visa as a researcher. Both were subject to the two-year foreign residency requirement, meaning they had to return to their home country for two years before applying for permanent residency or certain non-immigrant visas, such as H, L, and O visas.
Our client turned 21 in June 2014. Obtaining a waiver would allow his prospective employer to petition for his H-1B status. However, due to the foreign residency requirement, he could not change his status in the United States without either fulfilling the requirement or securing a waiver.
Although J-2 dependents generally cannot independently apply for a waiver, the Waiver Review Division may consider waiver requests for a J-2 child who turns 21. Department of State (DOS) policy allows for this independent process when a J-2 dependent divorces the J-1 principal, when the J-1 principal passes away, or when the J-2 dependent turns 21—which was the case for our client.
Our firm was retained to handle his J-2 waiver. On April 23, 2026, we filed the J-2 waiver application (Form DS-3035 and supporting documents) with the Department of State. We requested that the DOS act as an interested government agency and recommend the waiver because our client had turned 21 and was no longer a dependent of the J-1 visa holder.
Ultimately, on June 18, 2026, the DOS recommended that USCIS grant the waiver. On August 11, 2026, USCIS issued an I-612 approval notice for our client’s waiver request.