CASE: J-2 Waiver of Two-Year Foreign Residency Requirement / Over 21-year-old dependent child
NATIONALITY: Chinese
LOCATION: Seattle, WA
Our client, a citizen of China, came to the U.S. on a J-2 Visa in May 2001. She accompanied her father, 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 return to their home country for two years before they could apply for permanent residency.
Our client turned 21 in April 2018. By obtaining a waiver, she would have the ability to be petitioned for H-1B status by her prospective employer. However, because of her two-year foreign residency requirement, our client could not change her status in the United States without fulfilling the waiver.
Our firm was retained to handle her J-2 waiver, and on February 18, 2025, the J-2 Waiver application was filed with the Department of State (DOS). We also sent a request to the DOS to act as an interested government agency and recommend this waiver, since our client reached the age of 21 and was no longer dependent on a J-1 visa holder.
On March 12, 2025, the DOS recommended to the USCIS that our client be granted a waiver. On April 4, 2025, the USCIS issued an I-612 approval notice for our client’s waiver request.