International Spouses & Partners

Each J-2 dependent must have his/her own DS-2019, issued by the ISSO. The J-2 DS-2019 can be issued at the time the J-1 student or scholar is initially admitted or offered a research/teaching appointment, or can be issued after the J-1 visitor begins his/her program.

J-2 spouses and children are permitted to enroll in part-time or full-time study in the US. However, if they will receive any employment-based awards, such as a teaching fellowship or research assistantship, they would need to first apply for and obtain employment authorization from the USCIS.

J-2 dependents may apply for US employment authorization after arrival in the US and may accept US employment after they receive authorization from USCIS. It can take approximately 90 days to approve an application for employment authorization.

J-2 dependents traveling separately from the J-1 principal must have a valid travel signature on their own DS-2019, and will need to be certain their visa and passport are valid for reentry.

J-2 dependents are generally admitted to the US for “D/S” (duration of status)—this allows them to stay until the program end date reflected on the J-1 exchange visitor’s Form DS-2019, as long as the J-1 maintains full-time registration (students), legal status, and a SEVIS record in good standing. At the end of the J-1 exchange visitor’s academic activity, J-2 status permits a 30-day grace period to prepare for departure from the US.

J-2 DS-2019s are generally extended along with the J-1 DS-2019.

No separate USCIS immigration document is required for dependents entering the US in H-4 status for the first time, though a separate I-797A Approval Notice may be issued if a dependent extends H-4 status or changes to H-4 status within the US.

Family members holding H-4 dependent status may be permitted to enroll in either full-time or part-time studies in the US. However, you would not be eligible to receive any employment-based awards, such as a teaching fellowship or research assistantship, as US employment authorization would be required to receive such awards.

The H-4 status does not allow for any option to obtain work authorization in the US.

H-4 dependents traveling separately from the H-1B principal must travel with documents reflecting the principal’s lawfully approved status (including complete H-1B petition, USCIS Approval Notice, and recent pay stubs). Travel while an extension is pending may not be advisable and travel-related questions should be addressed to your ISSO advisor.

H-4 dependents are generally admitted to the US for a specific period of time, reflected on the most recent I-94 or US entry stamp. The length of time for which an H-4 dependent is admitted is often—but not always—the same as the H-1B principal. H-4 dependents must pay careful attention to the expiration date on their own documents and must submit a timely extension application along with any extension for the H-1B principal (or separately), as necessary.

Other common dependent categories include TD, O-3, L-2, and E-2 status. The regulations pertaining to each status are unique; questions must be reviewed on a case-by-case basis.

Most dependent categories permit either part-time or full-time study, provided both the dependent and the principal visa holder remain in lawful status. There may be restrictions related to receiving any employment-based awards, such as a teaching fellowship or research assistantship, as US employment authorization would be required to receive such awards.

Some immigration categories allow US employment authorization while others do not. No employment authorization is available for TD and O-3 dependents.

Required travel documentation depends on immigration category. Dependents traveling separately from the principal visa holder must usually apply for a US visa in the appropriate dependent category. When traveling, bring documents reflecting the principal’s lawfully approved status. Travel while an extension is pending may not be advisable.

The period for which a dependent is admitted to the US varies based on immigration category, but is generally for a specific period of time, reflected on the most recent I-94 or US entry stamp. The length of time for which a dependent is admitted is often—but not always—the same as the principal visa holder. Dependents must pay careful attention to the expiration date on their own documents and must submit a timely extension application along with any extension for the principal (or separately), as necessary.