J2 Visa

The J2 visa is a nonimmigrant visa which allows the spouse and unmarried children under 21 of J-1 visa holders to enter into the U.S.

On J-2 visa, you may:

1. Enter the U.S. along with your J-1 spouse or parent
2. Travel in and out of the U.S. or remain in the U.S. continuously as long as your spouse or parent maintains J-1 status
3. Study in the U.S.
4. If you are a J-2 spouse, you can work in the U.S after obtaining an Employment Authorization Document (EAD) as long as you can show that employment is not required to financially support your J-1 spouse.

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Check My Eligibility

On J-2 visa, you are:

• Dependent on the status of the principal J-1 visa holder
• Only able to work if you’re a J-2 spouse. J-2 dependent children cannot obtain work authorization
• If the J-1 visa holder is subject to the 212(e) 2 year home residency requirement, all dependents who enter the U.S. in J-2 status will also be subject to the 2 year home residency requirement. The J-2 visa holder’s 2 year home residency requirement cannot be removed until the J-1 has fulfilled the requirement or obtained a waiver, except in very limited circumstances.

Your are authorized to stay in the U.S. for  as long as the principal J-1 visa holder has valid status, as per their DS-2019. You lose your status once the principal J-1 visa holder loses status.

Yes, you may work in the U.S. in J-2 spouse if you are the spouse of the J-1 visa holder. You must obtain the Employment Authorization Document (EAD) before you can begin working. You must be able to show that you are not working to support the principal J-1 holder.

Note: An application for permission to work can only be made after the J-2 visa holder’s arrival in the U.S. and will be considered in light of policies then in effect.

After you have entered the U.S. with the J-2 visa, you must file the Form I-765, Application for Employment Authorization with USCIS with the appropriate fee. When granted, this permission is valid for any type of employment and may be full or part-time. When approval is granted, you will receive an Employment Authorization Document (EAD) card. You must have the EAD card before you begin work.

To apply for J-2 work authorization on J-2 visa:

• You must hold valid J-2 status, and the Exchange Visitor must hold valid J-1 status, as shown on your Form I-94 Arrival records
• You may not use your income to support your J-1 spouse
• You can only begin working only after you receive your Employment Authorization document from USCIS.
• You may work part-time or full-time, at any job, for any employer. There is no limit to the amount you may earn.

Note: USCIS can authorize J-2 employment for as long as the J-1 Exchange Visitor has permission to stay. Permission to stay expires on the date shown on Form DS-2019 Request Form for Exchange Visitor.

Yes, you may study while in J-2 stats. There is no requirement that the spouse and/or children of a J-1 visa holder apply for a student visa if they wish to study in the U.S.

The application procedure is the same as the J-1, Application for Employment Authorization. Each family member will receive a Form DS-2019, Certificate of Eligibility, issued in their name. This DS-2019 is provided to the consular officer at the interview.

If the spouse and/or children apply for visas separately from the primary J-1 visa holder, you need to have the Form DS-2019, Certificate of Eligibility, and a copy of principal applicant’s J-1 visa and proof of your relationship with the primary J-1 visa holder.

You may submit your J-2 visa application to:

• A U.S. Consulate or Embassy in your country of residence or home country
• US Citizenship & Immigration Services if you are in the U.S. in valid nonimmigrant status and wish to file for change of status.

The documents required for J-2 visa are:

1. If outside the U.S. Form DS-160, Nonimmigrant Visa Application.
2. If inside the U.S. Form I-539, Application to Extend/Change Nonimmigrant status.
3. Check or money order made payable to the USCIS for the filing fee, or receipt from bank for fees paid for consulate.
4. Photocopy of current Dependent Form DS-2019 Certificate of Eligibility
5. Photocopy of the J-1 visa holder’s Form DS-2019 Certificate of Eligibility
6. Photocopy of USCIS Form I-94 (front and back) of applicant, (dependent) if filing Change of Status
7. Valid passport (clear copy of passport and/or visa photo required if filing Change of Status)

The processing time for a J-2 visa will depend on consular wait times which will vary depending on the U.S. consulate. F and J visas are generally prioritized for visa processing so as to ensure students and exchange visitors reach the U.S. in time for the beginning of the program of study or exchange visa program.

Yes, you may extend your stay on J-2 visa, however, your extension of stay depends on the principal J-1 visa extension.

Note: Your status depends on the status of principal J-1 visa status. You lose your status once the J-1 loses status.

Those in J-2 status can generally file for change of status or adjustment of status to the green card in the U.S. unless they are subject to the 2 year home residence requirement of Section 212(e) of the Immigration Nationality Act.

Under the 2 year home residence requirement, you must return home or to your country of last residence for 2 full years after the completion of the J-1 program. You will be subject to the home residency requirement if your J-1 spouse’s/parent’s field of study, work or training is on the J-1 Skills Lists, they have received government funding from the U.S. or their country of residence/home country or they are in the U.S. to receive medical training as a physician. If your J-1 spouse or parent is subject to the 2 year home residency requirement and you enter the U.S. as their J-2 dependent, then you will also be subject to the 2 year home residency requirement, without exception.

Those subject to this requirement must return to their home country or country of last residence for at least two years before being able to get a Green Card or obtain an H-1B or L-1 Visa. They are also restricted from filing for change of status to another nonimmigrant visa status in the U.S.

Although change of status is restricted for those subject to the 2 year home residency requirement, you may leave the country and apply for most types of visas and return to the U.S. to work or study in nonimmigrant status except for the H-1B, L-1, or K visas.

No, there are no travel restrictions on a J-2 visa. You may plan with your employer and travel out of the U.S. any number of times while on a valid J-2 visa.

You may apply for immigrant status in the U.S. through the following options if you are not subject to the 2 year home residency requirement or HRR:

1. Family Based Immigration: If you have close relatives who are U.S. citizens or U.S. permanent residents, the relatives may file an immigration petition for you as the beneficiary
2. Employment Based Immigration(Labor Certification): You may find an employer who is willing to file a Labor Certificate for you with the DOL.
3. EB-1: You may also file an immigration petition based on the classification of ‘Alien of Extraordinary Ability’ – EB-1(A) or ‘Outstanding Professor/Researcher’ – EB-1(B)
4. National Interest Waiver: You may also file an immigration petition through a ‘National Interest Waiver’ (NIW). National interest waivers are available to foreign nationals who are seeking work in a profession and who have an advanced degree (or equivalent experience) or can prove themselves as ‘aliens of exceptional ability’.

Note: If you are subject to the HRR you must get a waiver before applying for immigrant status or have completed 2 years of residence in your home country.

A J-2 child who attends school in the U.S. while in derivative status must either depart the U.S. at the conclusion of the principal J-1 applicant’s legal stay, or change status while in the U.S. to F-1 if they wish to stay in the U.S. and continue studying.

Exemptions for FICA Retirement and FICA Med deductions are limited to J-1, F-1, M-1 and Q-1 primary visa holders.  Dependent visa holders are not eligible for these exemptions.

Pursuant to the U.S. Department of State regulations and the U.S. Code of Federal Regulations governing Exchange Visitor Programs (22 CFR 514.14), all J-1 and accompanying J-2 family members are required to obtain health, accident, medical evacuation and repatriation of remains insurance coverage while in the U.S.

Yes, you may be subject to the two-year home residency requirement (HRR) on J-2 visa, if the principal J-1 visa holder is subject to the HRR.

The ‘Two-Year Rule’ or HRR are the common terms used for INA Section 212(e) requirement that certain J-1 exchange visitors must return to their home country/country of last residence and be physically present there for at least two years after the conclusion of their exchange visit.

The aim of the requirement is that the J-1 exchange visitor return to their home country to share with their countrymen the knowledge, experience and impressions gained during your stay in the U.S.

Unless USCIS approves a waiver for this requirement, the J-1 exchange visitor must depart from the U.S. and live in their country of citizenship or last residence for two years before they are allowed to apply for an immigrant visa, permanent residence, the K-1 or obtain H-1 or L-1 nonimmigrant status.

J-1 exchange visitors are subject to the home residency requirement if their field of study, work or training is on the J-1 Skills Lists, they have received government funding from the U.S. or your country of residence/home country, or they are in the U.S. to receive medical training as a physician.

If the J-1 exchange visitor is subject to the 2-year home residency requirement, then all J-2 dependents will also be dependent. The Consular Officer will place a notation on the J-1 and J-2 visas if the 2-year rule applies.

Those who are subject to the 2 year HRR can obtain visas in other categories, like O-1, F-1 and TN, but they cannot file a change of status from J-1 or J-2 while in the U.S. unless they have obtained a waiver.

For a J-2 spouse, in cases of death or divorce from the J-1, or when a J-2 child reaches the age of 21, the Waiver Review Division may entertain requests for waivers on behalf of the J-2. Essentially, the Dept. of State’s WRD will act as an Interested Government Agency in granting a waiver to the J-2 dependent. The Division will need:

• Completed data sheet, Form DS-2019 of the J-1, divorce decree or death certificate, whichever is applicable
• Copy of birth certificate in the case of a J-2 child

An IGA Waiver is obtained through sponsorship of an Interested Government Agency (IGA). For J-2 derivatives who must seek a waiver after the divorce from the J-1 exchange visitor, due to the death of the J-1 exchange visitor or because the J-2 derivative is a child who has turned 21, the Dept. of State Waiver Review Division will act as the IGA in order to grant the waiver.

The IGA Waiver is the only waiver that a J-2 derivative can independently pursue.

Yes, if a J-1 exchange visitor applies for and receives a favorable recommendation for the waiver, then the J-2 derivatives will also receive a waiver.

The J status grace period is for 30 days. During this grace period you may legally stay in the U.S. after the completion of the exchange visitor program. If you are a J-2 spouse with an EAD, you cannot work during this period.

Yes, you may apply for change of status to another nonimmigrant status during the 30 day grace period (as long as you are not subject to 2 year home residency requirement).

There is no wait time. You can immediately file for the EAD upon entry to the U.S. as long as you can show, if required, that you are not seeking employment to support the J-1 exchange visitor.

Income earned by J-2 dependents is subject to Federal, State, local, and Social Security taxes.

Yes, the SEVIS is applicable to J-2 visa holders. This system monitors the status of persons who enter the U.S. with an F, M or J visa. In order for students/exchange visitors and their dependents to qualify for an F, M or J visa, the school or exchange program in the U.S. must issue a Certificate of Student Status (I-20) or Certificate of Exchange Visitor Status (DS-2019) on a SEVIS-generated form and must register each person on the SEVIS website. Each applicant must submit a SEVIS-generated I-20 or DS-2019 with a unique barcode number and must be listed on the SEVIS website.