J-2 Visa Sponsorship

Bringing family

Participate Learning prides itself on being a family-friendly organization. However, bringing family with you is a very big decision and has many implications. We expect you to think very carefully before deciding to bring your family to join you in the U.S.; Ask yourself questions such as, “What will it mean to bring my family here?”, “Can I afford to support my family on my salary?”, “Will my family be happy here?”, and “Will I be able to continue fulfilling my teaching duties with my family here?”

If, after considering these points, you decide that bringing your family to the U.S. is indeed the best decision, Participate Learning will be happy to consider sponsoring your dependents on a J-2 visa. We strive to make this a positive experience for you and your family, so please be sure to let us know if we can do anything to better support you.

J-2 Visa

A J-2 visa is a temporary, nonimmigrant visa that allows a child or legal spouse to enter the U.S. for the purpose of accompanying an exchange visitor teacher during his or her exchange visitor program. A child must be the biological or legally adopted child of the exchange visitor and be unmarried and under the age of 21 to be eligible. Marriages must be documented by a marriage certificate because U.S. immigration law does not recognize common-law marriages for the purpose. Same-sex marriages are recognized for immigration purposes as long as the marriage is legal in the “place of celebration” (U.S. state or foreign country where the marriage took place). A marriage certificate must be provided at the time of the J-2 visa application. Same-sex Civil Partnerships do not qualify at this time. Children who marry or who turn age 21 during the course of the program participation will need to leave the U.S. to obtain their own visa as they will no longer be eligible for sponsorship in J-2 status.

 

Requesting J-2 visa sponsorship

If your spouse or child is not planning to accompany you full time, he or she might consider obtaining a visitor’s visa. For further details on these visas, visit the U.S. embassy website for your area.

Before asking Participate Learning to sponsor your family members on J-2 visas, consider the following:

  • You are required to maintain financial support for yourself and your J-2 dependent family members. You should not rely on any possible income that a J-2 spouse may make when considering your budget.
  • All J-2 dependents of Participate Learning teachers are required to be enrolled in Participate Learning’s health benefits policy while their J-2 status remains active, even if they are not currently in the U.S. All teachers are expected to maintain timely health benefit premium payments throughout their period of program participation for themselves and any accompanying J-2 dependents.
  • A spouse or child who plans to enroll in full-time, post-secondary education in the U.S. will need to enter under a student visa.
  • You will be responsible for arranging and paying for any J-2 dependent’s travel.
  • Although we screen applications for J-2 sponsorship carefully, there is no guarantee that the J-2 visa will be granted to your family member. It is up to the discretion of each Consular Officer to approve or deny a visa. Your J-2 dependent(s) must be able to show strong home ties just as you had to do in your visa interview.
  • J-2 dependents are expected to reside with the Exchange Visitor Teacher at the address provided to Participate Learning and SEVIS, as the Exchange Visitor Teacher is responsible for the J-2 dependent(s).
  • If your J-2 dependent departs the U.S. for an extended period of time, we are required to end their J-2 visa status.

 

If you have considered the information above and would like a family member to join you in the U.S. on a J-2 visa, contact the Visa Manager at [email protected] for instructions.

Participate Learning will consider requests twice per year: November and May. J-2 Addition application packages are due by the first day of those months.

Contact Participate Learning well in advance to allow time to gather necessary documentation. You will need a copy of the J-2 Visa Application Form as well as a list of the required documents.

Your J-2 dependent cannot be present in the U.S. on a different visa at the time of application. If approved, the J-2 sponsorship paperwork (DS-2019 form) will be mailed to you at the end of the review month.

Family members must apply for the J-2 visa at a U.S. Embassy or Consulate in their country of citizenship or legal permanent residency and must meet all of the requirements as set forth for all non-immigrant visa holders. J-2 visa applicants should be able to demonstrate to a U.S. Consular Officer proof of the following:

  • They have binding ties to a residence in a foreign country which they have no intention of abandoning and that they are coming to the U.S. for a temporary stay.
  • Any spouse is legally married to the teacher, and any children are unmarried, a natural or legally adopted child of the J-1 holder, and under the age of 21.
  • They have sufficient money to cover all expenses in the U.S.
  • The Exchange Visitor Teacher will maintain required health benefits coverage for each sponsored individual.
  • The level of evidence required by a Consular Officer may vary greatly depending on the applicant’s individual circumstances.

J-1 responsibilities for J-2 dependents

 

Financial Support

Teachers must be able to financially support any J-2 dependent(s) that join them in the U.S. You should not rely on any salary that a J-2 spouse may make when considering your budget. One or two persons can live comfortably on one teacher’s salary, assuming that there are no outstanding financial obligations at home. However, if you will be bringing two or more family members, you will need access to additional financial resources such as significant savings. For more information, refer to the Pre-Departure orientation sections on Family and Budgeting in your Preparing for Arrival course.

 

Health Benefits

Both Participate Learning teachers and their J-2 dependent(s) must be covered by health benefits through Participate Learning at all times while their J-1 or J-2 status remains active, even if they are not in the U.S. At some point, a J-2 dependent may be offered coverage through their employer. They can choose to enroll in that health plan. However, they cannot cancel their coverage through Blue Cross and Blue Shield of North Carolina (BCBSNC) with Participate Learning and thus would maintain dual coverage.

If your J-2 dependent(s) arrives before September 30 of your first year of participation, they will be enrolled in the Participate Learning health care plan on the date the Exchange Visitor arrives in the U.S. for orientation. If they come after this date, they will be enrolled in the Participate Learning health plan effective on the date that the DS-2019 form is released. Participate Learning Exchange Visitor Teachers begin paying the premium for the entire month on the date that the DS-2019 form is released. J-2 dependents cannot be removed from the policy unless their sponsorship is ended.

Participate Learning teachers with family members in the U.S. who are not J-2 dependents are not required to enroll those family members in the Participate Learning health benefits policy. This typically occurs when a child is a U.S. citizen or when family members enter the U.S. under a visa other than a J-2 visa such as the ESTA (electronic system for travel authorization) program, visitor’s visa, tourist visa or work/study visa.

If you would like to enroll such family members in your health benefits policy, you may do so as long as the family member is your legal spouse or child. Children can be covered up to the age of 26. Adding and removing family members that are not J-2 dependents can only occur within 30 days of a life event (marriage, divorce, birth of a child) or during the Open Enrollment period typically held in May.

If the necessary paperwork is not turned in within the 30 days of a life event, you must wait until Open Enrollment to add or drop your dependents who are not on J-2 visas. Contact Teacher Resources in advance for instructions if you are planning to add a family member to your health benefits following a birth or marriage. Remember, you only have 30 days from the life event to add your spouse or newborn.

 

School & Childcare for J-2 Dependents

A few public schools now offer preschool programs for children that are four years old. However, in most cases, if your child is under the age of five, you will need to find private child care for him or her. Child care is often very expensive in the U.S. Exchange Visitor teachers should not enroll any J-2 dependent child(ren) in the Head Start program or similar programs, because they are federally funded. Do your research before bringing young children with you and consider the potential costs. You may find the information on the Child Care Aware website at http://childcareaware.org/ helpful in considering child care options.

In the U.S., most children between the ages of five and 18 attend K-12 public schools. During your time teaching with Participate Learning, any J-2 dependent children will be eligible to attend public schools. You should contact your district for information on enrollment procedures. You should also bring health, vaccination and education records for your children.

A Social Security number is not necessary for school enrollment. It is possible for your child to attend university in the U.S. However, J-2 dependents who wish to enroll in postsecondary education programs while in the U.S. should keep in mind that their J-2 status is tied to the status of the Exchange Visitor teacher. Once the teacher’s status has ended, the status of all J-2 dependents will automatically end. The status of a J-2 child that gets married or turns 21 will automatically end. J-2 visa holders enrolled in a full-time degree program may wish to talk with their college or university about applying for a student visa to ensure they will be able to complete their degree program. However, J-1 visa holders that are subject to the two-year home residency requirement should keep in mind that their J-2 dependents are also subject to this requirement, which could affect the dependent’s eligibility for a student visa.

 

Employment of J-2 Dependents

Your J-2 dependent may be able to work in the U.S., but they must first obtain the appropriate permission. A J-2 visa does not automatically entitle the visa holder to work in the U.S. A J-2 visa holder must apply for work authorization with the U.S. Citizenship and Immigration Services (USCIS) and may not work unless he or she has received appropriate USCIS authorization. Obtaining work authorization may take 90 days or more. Although eligible spouses may apply for work authorization, their income should not be relied upon for anything more than incidental expenses (such as travel or cultural activities) according to J-2 visa regulations.

Work authorization may be denied if additional income is required to support the Exchange Visitor Teacher or the family’s living expenses. Work opportunities may be limited depending on your spouse’s English fluency, professional skills and the availability of employment in your community. Do the following when applying for work authorization:

  • Make sure that your family members bring resumés, proof of degree(s) and work experience, and a criminal background check to facilitate the process of finding employment.
  • Have your family members apply for work authorization only after entering the U.S. in J-2 status. Download the application from the USCIS website. Your dependent may also apply for their Social Security card through this site. Review the USCIS website carefully before submitting your application to learn about the current process for obtaining work authorization. Once USCIS receives the application, they will send notification that the application has been received by mail. Once the application is approved, the applicant will receive an Employment Authorization Document (EAD). It may take 90 days or longer for the EAD to be mailed to you by USCIS. Review the expiration date once you receive your EAD. If your EAD is not valid for the period of time you would like to work in the U.S., you must submit another complete work authorization application and fee at least 6 months prior to the EAD expiration. Generally, the EAD must be renewed every year. If you are in the process of obtaining a two-year program extension, your spouse will need to wait until your extension is approved and you receive their new DS-2019 form before they can renew their work authorization.
  • Have your family member apply for a Social Security number. Most employers will require a copy of your Social Security card as the Social Security number is needed for tax purposes. For details on obtaining a Social Security number, visit the Social Security Administration’s website at http://www.ssa.gov/.

 

Social Security Numbers for J-2 Dependents

The Social Security Administration assigns Social Security numbers and cards only to people who are authorized and intend to work in the U.S. Therefore, a J-2 dependent will need to receive Employment Authorization before applying for a Social Security number. Some schools may tell you that your child needs a Social Security number in order for them to be a student at that school. Social Security numbers are not required for school enrollment.

What if your J-2 dependent requires a U.S. identification number, and they are not working or are a minor (under 18 years of age)? If your J-2 dependent is not working or is a minor and they require a U.S. identification number for any reason, you may apply for an ITIN from the Internal Revenue Service (IRS). Find details on how to do so on the IRS website at www.irs.gov. DO NOT SEND original documents such as passports and DS-2019 forms to the IRS. You may have copies certified as an alternative. Contact Teacher Resources to explore this option.

 

Travel Validation for J-2 Dependents

If a family member’s travel validation needs to be updated, follow the same procedure as if it were your own. Your dependent’s forms must be validated before travel.

For more information, review the Visa Guide.

Ending J-2 sponsorship

 

There are four circumstances under which the status of a J-2 dependent family member may be ended.

  • J-1 Termination: Since each dependent’s visa sponsorship is tied directly to Participate Learning’s sponsorship of the Exchange Visitor Teacher, the completion or termination of the J-1’s program will immediately end any accompanying family member’s J-2 visa status. The family member will not be authorized to continue to work or study in J-2 status.
  • End of Family Relationship: The J-2 status is only valid while the required family relationship continues to exist. The status of children who reach the age of 21 will automatically end. A J-2 child who marries, or a J-2 spouse who becomes officially divorced from an Exchange Visitor Teacher, will no longer be eligible for J-2 status.

Notify Participate Learning immediately and provide official documentation in these situations. U.S. government guidelines require that certain kinds of documentation are provided to demonstrate the dependent’s status change. The J-2 dependent’s status cannot be ended until this documentation is provided. Contact Teacher Resources well in advance of such a life event for details on documentation requirements.

  • J-2 Departs the U.S Permanently or for Extended Periods: The J-2 status must be ended for a J-2 dependent family member who departs the U.S. for an extended period of time or does not intend to return in J-2 status again.

U.S. government guidelines require that certain kinds of documentation are provided to demonstrate that the dependent has left the U.S. The J-2 dependent’s status cannot be ended until this documentation is provided. Contact Teacher Resources well in advance for details on documentation requirements.

  • Participate Learning Discretion: Participate Learning reserves its discretion to discontinue sponsorship in appropriate cases. Serious offenses or controversies that may bring Participate Learning to disrepute, criminal conduct, failure to maintain required insurance, failure to meet financial obligations, and failure to abide by the terms of Participate Learning’s rules and regulations for sponsorship are examples of situations that may result in the discontinuance of visa sponsorship.

 

Once a dependent’s J-2 status has been ended, he or she must leave the U.S. as soon as possible in accordance with Department of State policy.

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