An Exchange Visitor’s spouse or minor child (under the age of 21 years of age) enters the U.S. in J-2 status and is admitted for the same length of time as the J-1 student/ scholar. * Other family members are not eligible for J-2 status but may be eligible for B-2 classification to visit the USA as tourists... Servants and nannies may be eligible for B-1 classification to accompany the family.
Study Options: J-2 spouse or minor child is eligible to engage in part-time or full-time studies.
Work Permission: A J-2 spouse may apply for an Employment Authorization Card (EAD) from United States Citizenship and Immigration Services in order to be employed in the USA. Permission will be granted only if the employment is sought for reasons other than supporting the J-1 exchange visitor. Income from the J-2’s employment may be used to support the self or family’s customary recreational and cultural activities and related travel, among other things.
Extending Work Permission: A J-2 spouse or dependent child must file Form I-765 with all supporting documentation each time an extension of employment is necessary. Since the EAD cannot be issued for longer than the validity of the DS-2019, any necessary extension of stay of the J-1 should be processed prior to the application for employment authorization.
Obtaining a Social Security Number: To apply for a social security number (SSN), the J-2 must first obtain his/her EAD card. Once the J-2 has the card, s/he should request an updated letter of offer from employer noting employment, and should bring his/her passport, I-94 and J-2 DS-2019 to the Denver office of the Social Security Administration to apply for an SSN. A J-2 without an EAD card is not eligible for a social security number.
Income Tax Form: In order to choose the federal tax form that is appropriate for you, you must know whether you are classifi ed as a “resident alien for tax purposes” or a “non-resident alien for tax purposes.” Tax forms and instructions are available at www.irs.gov.
Volunteer Options: Nothing in the regulations prohibits a J-2 from volunteering. For a list of Colorado volunteer organizations seeking volunteers, please visit Metro Volunteers at: www.metrovolunteers.org.
Special Note: 212(e) Home Residency Requirement for J-2 Waivers for J-1 exchange visitor covers J-2 dependents, unless those dependents have a separate home residence requirement based on their own previous J-1 status. In some cases, a J-2 can get a waiver independently. Occasionally, a J-2 child can obtain a waiver, for example if s/he marries or turns 21. For more information about the waiver process, please visit the US Department of State website.
Special Note: J-2 children who turn 21 years of age When J-2 children turn 21, they are no longer considered “children” under the I.N.A., and therefore no longer eligible for J-2 status. In order to remain in the U.S., they must change to another nonimmigrant status, such as F-1, before their 21st birthday.