What is the J-2 Visa?
The J-2 Visa is a non-immigrant visa that allows dependents of J-1 exchange visitors (such as spouses and unmarried children under 21) to accompany them to the United States. While the J-2 Visa enables family members to join the primary J-1 visa holder during their exchange program, it also offers an opportunity for J-2 spouses to apply for employment authorization and legally work in the U.S.
Who is Eligible for the J-2 Visa?
To be eligible for the J-2 Visa, you must be:
- The spouse or unmarried child (under 21) of a J-1 visa holder.
The J-2 Visa is dependent on the primary J-1 visa holder’s status. If the J-1 visa holder’s program ends, the J-2 visa status will also be terminated.
J-2 Visa Work Authorization
One of the key benefits of the J-2 Visa is that spouses can apply for work authorization. To do this:
- Apply for Employment Authorization Document (EAD): The J-2 visa holder must file Form I-765, Application for Employment Authorization, with the U.S. Citizenship and Immigration Services (USCIS).
- Provide Supporting Documents: Submit necessary documents, including a copy of the J-1 visa holder’s Form DS-2019, proof of relationship, and the J-2 visa holder’s passport.
- Receive EAD: If approved, USCIS will issue an Employment Authorization Document (EAD), which allows the J-2 visa holder to legally work in the U.S.
J-2 visa holders can work in any job, full-time or part-time, once they have received their EAD. The income earned can be used for personal expenses, but it must not be the primary financial support for the J-1 exchange visitor.
How to Apply for a J-2 Visa
To apply for a J-2 Visa, follow these steps:
- Obtain Form DS-2019: The J-1 visa holder’s program sponsor will issue a Form DS-2019 for each dependent family member, which is required to apply for the J-2 Visa.
- Pay the SEVIS Fee: Both J-1 and J-2 applicants must pay the SEVIS fee, which is associated with the Student and Exchange Visitor Information System.
- Complete Form DS-160: Submit the Online Nonimmigrant Visa Application (DS-160) for each J-2 applicant.
Attend Visa Interview: J-2 visa applicants will need to attend a visa interview at a U.S. Embassy or Consulate. Be prepared with necessary documentation, including the J-1 holder’s DS-2019, proof of family relationship, and financial support documentation.
Benefits of the J-2 Visa
- Work Authorization for Spouses: J-2 visa holders can work legally in the U.S. once they receive an Employment Authorization Document (EAD).
- Education Opportunities: J-2 dependents may attend school or pursue higher education while living in the U.S.
- Travel Flexibility: J-2 visa holders are permitted to travel in and out of the United States during the J-1 visa holder’s program duration.
Duration of Stay
The duration of the J-2 Visa depends on the length of the J-1 visa holder’s program. J-2 visa holders can remain in the U.S. as long as the J-1 exchange visitor maintains their status. Extensions are possible if the J-1 visa holder’s program is extended.
Important Considerations
- No Work Authorization for Children: While J-2 spouses can work, children under the J-2 Visa are not allowed to seek employment.
- Dependent on J-1 Status: If the J-1 visa holder’s program ends, the J-2 visa holder must also leave the U.S. or apply for a change of status.
- Travel Restrictions: If the J-1 visa holder leaves the U.S. permanently, the J-2 visa holder cannot remain in the country under the J-2 status.
Need Help with Your J-2 Visa?
If you are applying for a J-2 Visa or seeking work authorization under J-2 status, consult with an immigration attorney or your J-1 sponsor organization for guidance. They can help you navigate the process and ensure all requirements are met.