J-2 Visa Dependents

overview

Exchange visitors may request that family members accompany them during their program. The spouse and unmarried children under the age of 21 are eligible for “J-2 dependent” status. Other family members are not eligible for J-2 status. They may consider applying for B-2 classification to visit the United States as tourists.

Although family members usually enter as J-2 dependents, they are not required to do so. They may enter as tourists (B-2) or in other visa classes such as F-1, J-1 or H-1B if they qualify. Funding requirements are specific to each sponsor and visa class. While the B-2 visa may be appropriate for family members who will visit the US briefly, exchange visitors must avoid trying to use the B-2 classification as a way to avoid meeting funding or insurance requirements for family members. B-2 holders have none of the advantages and protections given to J-2 dependents. B-2 holders are authorized for only short stays and have specific end dates on their I-94 cards. This makes them vulnerable to overstays and unlawful presence if they do not exit the country.

Information about dependents planning to accompany or later join the J-1 principal should be provided on the DS-2019 Request Form along with copies of passport pages for correct identification and spelling of names. Upon approval, the RO/ARO will issue a DS-2019 for each dependent who will accompany a “J-1 principal.” Each J-2 dependent will have his/her own SEVIS number and DS-2019 form. However, their records and funding are directly tied to the J-1 principal’s SEVIS record and DS-2019.

 

Funding

The Exchange Visitor must demonstrate adequate funds and health insurance for each dependent. At this time, an Exchange Visitor in the category of Research Scholar, Professor or Short-Term scholar must have collective total to cover the entire program period at the rate of $1000/month for him/herself, $500 month for a spouse, and $333 per child.

 

2-year home presence requirement, 2 year "repeat participation" bar, 12-month bar & health insurance

J-2 dependents are automatically subject to all rules and policies governing the Exchange Visitor Program and the J-1 principal. This means J-2 dependents are subject to the 2-year home physical presence requirement, 2-year "Repeat Participation" bar and the 12-month bar which may affect future program participation and the mandatory health insurance requirement.

 

employment

J-2 dependents are permitted to apply for an Employment Authorization Document (EAD) from Citizenship and Immigration Services (CIS) and may begin employment only after receiving the EAD from CIS. Please see section on employment for additional information.

 

enrollment in coursework

J-2 Dependents may enroll in courses at the University. Children may be enrolled in public primary and secondary schools.

 

travelling outside the usa

J-1 and J-2 visa holders may travel outside the USA separately or together. They may re-enter on “J” status provided they still have valid passports, visas and their DS-2019 forms are validated for travel by the RO/ARO in the Office of International Students and Scholars. J-2 visa holders must reside with the J-1 principal as true “dependents” during their stay in the USA. If the J-1 principal leaves the USA permanently, the J-2 dependents must also depart the USA. The J-2 holder’s immigration status is directly tied to the J-1 principal’s status. A J-1 visa holder may travel outside the USA for a short period (i.e. for a conference or business trip), but may not leave J-2 dependents in the USA alone for more than 30 days. This would be a violation of program status and the J-1 and J-2 visa holders would automatically be considered “out of status,” the program would have to be terminated and they would have to depart the USA or file for reinstatement.

 

change of status

Restrictions and procedures for a J-2 dependent wishing to change status are the same as those followed by the J-1 principal, although in addition to documenting that the J-2 has maintained status, the J-2 must also submit proof that the J-1 has maintained status.