Chapter 6 - 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 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 acquire 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.
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).
J-2 nonimmigrants may be eligible for employment authorization; 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.