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

CASE: J-2 Waiver of Two-Year Foreign Residency Requirement / Over 21-year-old dependent child NATIONALITY: Chinese LOCATION: Pennsylvania Our client is a citizen of China who came to the U.S. on a J-2 Visa in 1995.  She came with her mother who came on a J-1 Visa for her research program in the United States. 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. She turned 21 in May 2010. She would like to get a waiver because she has a prospective employer who will file an H-1B petition for her. However, because of her two-year foreign residency requirement, our client cannot change her status in the United States without the fulfillment of requirement 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…

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