J-2 Status Requirements
To maintain valid visa status, J-2 dependents are required to:
- Maintain current, valid copies of all required documents at all times:
- Form DS-2019
- Passport
- I-94 record
Add a J-2 Dependent: Before J-1 Program Begins
If any J-2 dependents intend to arrive with the J-1 exchange visitor at the start of the J-1 program, they should be included in the initial DS-2019 Request. The request must include proof of sufficient additional funding (see below).
Add a J-2 Dependent: After J-1 Program Begins
To request a J-2 Form DS-2019 after the J-1 exchange visitor is already in the United States, the J-1 exchange visitor must submit a request. The following materials will be required:
- Scan of each dependent’s passport bio data page
- EVS processing charge (online application will link to payment portal)
- Proof of sufficient additional funding (see below)
- Proof of appropriate health insurance
- Coverage for each J-2 dependent must begin the date their application is submitted, not the date they intend to arrive in the U.S.
- This means the exchange visitor must purchase health insurance for time when the J-2 dependents are outside the U.S.
Funding Requirements
The University of Florida has minimum funding requirements for all exchange visitors it sponsors. Sufficient funding for the entire program activity period must be verified by EVS staff before a Form DS-2019 can be issued.
|
Minimum funding requirements for J exchange visitors are: |
|
|
Exchange Visitor |
$2,266/month |
|
Spouse |
$1,000/month |
|
Child |
$500/month (per child) |
The chart below provides minimum funding requirements for exchange visitors and their dependents for monthly and annual periods:
|
Exchange Visitor (EV) |
EV |
EV & Spouse |
EV, Spouse & 1 Child |
EV, Spouse & 2 Children |
EV & |
EV & 2 Children |
|
Per Month |
$2,266 |
$3,266 |
$3,766 |
$4,266 |
$2,766 |
$3,266 |
|
Per Year |
$27,192 |
$39,192 |
$45,192 |
$51,192 |
$33,192 |
$39,192 |
Remove a J-2 Dependent
If any J-2 dependents voluntarily end or legally become ineligible for J-2 status, their Form DS-2019 must be canceled.
Potential reasons to remove a J-2 dependent:
- J-2 dependent will leave the U.S. with no intent to return during the J-1 program
- J-2 dependent was approved to change from J-2 to another U.S. visa status
- J-2 dependent child turns 21
- J-2 dependent child marries
- J-2 dependent spouse and J-1 exchange visitor divorce
To remove a J-2 dependent, the J-1 exchange visitor must email their EVS advisor.
Important Considerations
- If a J-2 dependent's DS-2019 is canceled, and later the exchange visitor requests a new DS-2019 for the same dependent:
- The exchange visitor must pay the $100 EVS processing fee again.
- EVS will issue a new DS-2019 with a different SEVIS ID number, meaning the dependent will need to apply for a new J-2 visa.
- The primary purpose of the J-2 dependent is to accompany the J-1 exchange visitor. The J-2 dependent must reside with the J-1 exchange visitor at all times during their program at UF.
J-2 Employment
J-2 exchange visitors are permitted to work if they obtain proper authorization. Authorization must be received before the work begins.
To be eligible for work in the U.S., J-2 dependents are required to do the following:
- Apply for and obtain an Employment Authorization Document (EAD) from USCIS.
- Work only during the time the EAD authorization is active, and only once they physically possess the EAD card.
- Reapply to renew EAD before it expires.
- Applications can be submitted up to 180 days prior to the current EAD expiration date. - Cease work if the EAD expires; the J-1 program ends; or the J-1 or J-2 exchange visitor’s visa status changes or ends.
NOTE: J-2 dependents cannot seek employment to financially support the J-1 exchange visitor or any J-2 dependents. A J-2 dependent’s income cannot be a financial necessity for the family to live in the U.S.
Volunteering
Volunteering is often considered employment for immigration purposes. J-2 dependents may volunteer while in the U.S. but must comply with all visa regulations.
- They can freely volunteer for charitable or philanthropic purposes.
- They cannot participate in any fundraising activities, such as selling art or food, unless they have valid work authorization from the U.S. government.
- They must obtain and physically possess authorization before starting any activity. - They cannot volunteer in any other ways unless they obtain and physically possess the approved, valid EAD before starting any activity:
If an exchange visitor violates these regulations, even accidentally, they may lose J-2 visa status or face other serious immigration penalties.
For more information, please contact EVS.
Taxes
J-2 dependent with an EAD who obtain employment in the United States will have tax obligations. J-2 dependents should review information about taxes in the U.S. prior to filling out their hiring paperwork at a new job.
Many employers are unaware that tax withholding for non-residents like J-2 visa holders works differently from that of US citizens and residents. As a result, these employers may withhold too little money in taxes from a J-2 dependent’s paychecks, which may result in the J-2 dependent owing a large sum of money when they file their tax return.
The following blog posts, provided by Sprintax*, are helpful for educational purposes:
- Comprehensive Tax Guide for J-2 Visa Holders
- Your Frequently Asked Nonresident Tax Questions Answered
J-2 dependents with tax questions should contact a US accountant familiar with nonresident taxes.
*UFIC provides free access to Sprintax Returns to J-1 exchange visitors and F-1 students, which assists nonresidents in preparing their federal tax returns. All other information and services provided by Sprintax are neither provided nor endorsed by UF.
EAD Application
J-2 dependents who want to apply for work authorization must submit the Employment Authorization Document (EAD) application to USCIS. USCIS processing times for EAD applications can range from 2-5 months.
Outline of Process
- Prepare the application documents (see list below).
- Schedule an appointment with an EVS advisor to review application packet (optional).
- Mail the application packet to USCIS.
- Use this chart to determine the mailing address. The correct USCIS address will depend on which state the applicant is mailing from, as well as the shipping carrier.
- USCIS will mail a receipt (I-797C – Notice of Action) approximately two weeks after packet delivery. The I-797C will contain a receipt number and confirm the date that the EAD application packet and payment were received. Applicants can track their application progress online using their I-797C receipt number.
- If approved, USCIS will mail the EAD to the applicant at the address listed on form I-765 (2-5 months after submission).
- If an applicant changes their US address between submitting their application and receiving a decision from USCIS, they must update it online here.
- If the application cannot be approved, USCIS will notify the applicant via mail.
- If the applicant requested a Social Security Card on form I-765, it will be mailed to the applicant approximately two weeks after the EAD is issued.
Required Documents
EVS recommends that the documents be organized in the following order in the application packet.
- Photos must be compliant with passport regulations and taken within the last six (6) months.
- Print the J-2 applicant’s full name and most recent I-94 number on the back of each photo.
- If the writing is visible from the picture side of the photo, then the photo will not be accepted.
- EVS recommends using pencil if possible.
- EVS does NOT recommend using current passport or visa photos, even if they are recent.
- See here for detailed instructions on the photo requirements. The applicant can also obtain verified passport-regulation photos taken at a drugstore such as CVS or Walgreens.
- Fee is $520.00 USD and nonrefundable.
- Payment Options
- EVS recommends typing your responses to prevent delays due to illegible handwriting.
- Money orders, personal checks, and cashier’s checks are no longer accepted.
- Form G-1145 is optional.
- General Information
- Form I-765 can be accessed here.
- Form I-765 is updated periodically. ONLY the most recent form (the version linked on the USCIS website) will be accepted.
- J-2 dependents are not eligible to submit form I-765 online.
- Tips for Filling Out Form I-765
- Do not leave any text boxes blank; if a question is not applicable to the J-2 applicant, put “Not Applicable” in that space. Number boxes may be left blank if not applicable.
- Questions 14 and 15: If the J-2 applicant does not have a Social Security Card, they can request one on form I-765 by answering “Yes” to questions 14 and 15.
- Question 26. SEVIS Number: Use the J-2 applicant's SEVIS number, which can be found in the upper righthand corner of the DS-2019. The J-2 applicant has a different SEVIS ID number from the J-1 exchange visitor.
- Question 27. Eligibility Category: The eligibility code for J-2 EAD applicants is: first box: c, second box: 5, third box: blank.
- Pages 5-7: If not needed, draw a line across the full page and handwrite "Not Applicable" next to the line. The pages must be included in the packet.
- Print the form after completion and sign in the space provided on page 4.
- Signature must be in blue or black ink and cannot be digital.
- Signed copies of all forms DS-2019 for J-2 applicant (newest version first)
- Copy of current passport for J-2 applicant
- Copy of current J visa for J-2 applicant
- If applicable, include copy of USCIS change-of-status approval notice (only if current J status was obtained through an in-country change-of-status).
- Copy of most recent I-94 record for J-2 applicant
- Signed copies of all forms DS-2019 for J-1 exchange visitor (newest version first)
- Copy of current passport for J-1 exchange visitor
- Copy of current J visa for J-1 exchange visitor
- If applicable, include copy of USCIS change-of-status approval notice (only if current J status was obtained through an in-country change-of-status).
- Copy of most recent I-94 record for J-1 exchange visitor
- J-2 spouse applicants: copy of marriage certificate
- Must include an English translation if the original is not in English
- Only applicable to J-2 spouse applicants
- J-2 child applicants: copy of birth certificate
- Must include an English translation if the original is not in English
- Only applicable to J-2 child applicants
- The translation can be made either by 1) a professional translator with a stamp or letterhead; or 2) an amateur translator. For translations done by amateur translators:
- The translator cannot be the scholar or a member of the scholar's family.
- The translation must be accompanied by the following statement, signed and dated by the translator:
- "I certify that I am proficient in English and (original language) and that I translated this document to the best of my ability.
- This letter demonstrates that the J-2 applicant will not use their earnings to support themselves or the J-1 exchange visitor.
- Follow this example letter format.
- Including additional details is NOT recommended.
- By signing the letter, the J-2 applicant is confirming that all information is accurate and true.
- Proof of funding
- If the J-1 exchange visitor receives a UF salary or government scholarship, the DS-2019 is generally sufficient to demonstrate adequate funding.
- If the J-1 exchange visitor is self-funded, EVS recommends including a bank statement in the J-1 exchange visitor's name.
- Must include copies of both the front and back of the previous cards.
Renewing an EAD Card
- If a J-2 applicant wishes to renew an existing EAD, they must file a new application packet.
- USCIS recommends that applicants not file a request to renew the EAD more than 180 days before the expiration of the existing EAD.
- If the new EAD does not arrive prior to the expiration date on the existing EAD, the J-2 dependent must stop working until the new EAD arrives.
- A new fee payment is required.
- Do NOT simply edit the digital version of the previously submitted form I-765. Always go directly to the USCIS website to retrieve the most recent version of the form.
- Using an old form is the most common reason that renewal applications are denied.
Helpful Reminders
- The EAD application packet is manually reviewed by a USCIS employee. Providing a neat, orderly packet increases the chances that your application will be reviewed quickly.
- Make sure all copies are clearly legible.
- If a document is not listed above, do NOT include it.
- If you have multiple J-2 dependents, only include the immigration documents of the J-2 EAD applicant (not the other J-2 dependents).
- Do not forget to sign form I-765!
For more information, please contact EVS.
