If an individual who plans to work in the U.S. meets J-1 eligibility requirements, ISSS very strongly recommends that the individual get their own J-1 instead of relying on the J-2. As a J-2, the spouse is already subject to 212(e), the two-year home residence requirement, if the J-1 is subject. J-2s DO NOT have work authorization incident to status (as a benefit of the status, without doing anything further). Instead, a J-2 is eligible to apply to USCIS for work authorization by submitting Form I-765 to USCIS. It can take 90 days or more for USCIS to adjudicate the application and send the EAD, which the J-2 must have to begin working. The only possible advantage to the J-2 category would be that the minimum funding requirement for a married couple would be slightly less.
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Is it better for a dependent spouse who also plans to work to come on a J-1 or a J-2?
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