Frequently Asked Questions - J-2 Visa

Starting a Business on J-2 Visa

Under the law (8CFR 21A.2(j)(1) (v) (A)), a J-2 holder may use the earnings to support the J-1 visa holder. The earnings must be used for the “Family's customary recreational and cultural activities and those related travel.”

Two-Year Home Residency Requirement

In this situation, the applicant’s J-1 waiver does not cover her period in J-2 status. 9 FAM 41.62 states that if an alien is subject to the two-year foreign residence requirement, the spouse and child of that alien are also subject to that requirement. Thus, the individual you have described would need a separate waiver to cover the time that she spent in J-2 status that subjected her to the two-year home residency requirement.Two separate DS-3035 applications would therefore be required in this circumstance.

Canadian with J-2 visa

You can switch back to TN from J-2. What you do has no effect on the children. They derive their status directly from your J-1 spouse.

J-2 holders and work authorization

J-2 holders can get work authorization and work as per the licensing requirements of their profession.

J-2 to TN

You can switch back to TN. To correct slightly, you do not automatically get switched to an H-4 (not H-2).

J-2 visa and I-275

It is entirely in the discretion of the consular officer whether or not to give you a J-2 visa. Impossible to predict.

J-2 or J-1 with 212(e) HRR converting to F-1 student

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://youtu.be/ZvUVIGTM-Kk?t=520

Can a J-2 holder get a HRR 212(e) waiver without J-1?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/XAfykYM-cUQ?t=89

FAQ Transcript:

J-2 Dependent Changing to Other Working Visa

Yes, the J-2 can, UNLESS the J-1 holder is a physician serving the three years for J-1 waiver. 

Change of Status from J-2 to TN

Check with USCIS customer service