Family Members of J-1 Exchange Visitor

The J-1 exchange visitor’s accompanying dependent family members may be admitted into the United States in J-2 classifications [1] if each applicant presents a Certificate of Eligibility for Exchange Visitor (J-1) Status ( Form DS-2019 ), issued in the applicant’s name by a program approved by the U.S. Department of State for participation by J-1 exchange visitors.

J-2 spouses of J-1 Conrad 30 waiver recipients cannot change status in the United States from J-2 to H-1B temporary worker status until the J-1 Conrad 30 waiver recipients have completed the requisite 3-year term of employment in a designated medically underserved area. Once the J-1 Conrad 30 waiver recipients have fulfilled all of the terms and conditions imposed on the waiver, including the 3-year period of employment with the health care facility, the J-1 Conrad 30 waiver recipients (and dependent family member or members) become eligible to change to another nonimmigrant status or adjust status to a lawful permanent resident. [2]

If the waiver recipients fail to fulfill the terms and conditions imposed on the waiver, they and their dependent family member or members will once again become subject to the 2-year foreign residence requirement under INA 212(e) . [3]

J-2 nonimmigrants may be eligible for employment authorization; [4] however, they may not use their income to support the J-1 nonimmigrant. To apply for employment authorization as a J-2 nonimmigrant, the dependent family member must file an Application for Employment Authorization ( Form I-765 ). USCIS may authorize the employment for the length of the J-1 exchange visitor’s stay or 4 years, whichever is shorter. [5]

Footnotes

[1] See INA 101(a)(15)(J) .

[2] See INA 214(l)(2)(B) .

[3] See 8 CFR 212.7(c)(9) and 8 CFR 248.2(a)(3) .

[4] See 8 CFR 274a.12(c)(5) .

[5] See 8 CFR 214.2(j)(1)(v) .