I have J1 visa and my spouse J2 visa. Our visa expires on September 6, 2012 and I am leaving with my kids back. But my husband needs to stay here in order to improve his English and get some upgrade in his education. But he has as I do, two year rule restriction. Can you help us to waive this 2-year rule? If I am not intending to stay here and planning to leave in April, is it possible that the process goes without me. Or is it necessary, that I stay here till the decision is made.
Updated answer (October 31, 2026). When a J-1 principal is subject to INA §212(e), the J-2 spouse ordinarily is subject to that same requirement. The ordinary waiver route is for the J-1 principal to submit the appropriate waiver request and list the J-2 spouse and children; eligible dependents are included in the principal’s waiver recommendation rather than routinely filing separate J-2 waivers. Independent J-2 waiver requests are available only in limited circumstances, such as death or divorce from the J-1 principal or certain cases involving a J-2 child who has reached age 21. The principal generally need not remain physically in the United States merely for the waiver recommendation process, but travel, current status, program completion, pending applications, and the basis for the waiver require individualized evaluation. The unrelated discussion of labor certification and EB-1/NIW in the original answer does not answer this question and is removed from the revised answer.