J-2 Visa & EAD
 

Hi all,

My partner has got a post-doctoral research placement in the US starting in January 2022 so we're just starting to work through the process of how we'll move over. She will be going over on a J-1 visa, while I'll be travelling under a J-2 visa. I'm currently in discussion with my employers about transferring to their US offices but I had a question about the working rights of a J-2 visa. I'm aware that I can work on a J-2 with an EAD, but also that the EAD can take several months to arrive. Ideally, it would seem that my employer sorting my visa through a different route would be the best solution but if that's not possible, what are the travel restrictions while waiting for an EAD? Could I, theoretically, travel over in January 2022, apply for the EAD, come back to the UK and continue working here for a few months and then go back? My partner would be there so would be able to check for mail, document requests etc that came through. My concern is that if I can't start working for 6 months, my employers might struggle to guarantee a transfer so am trying to think how to reduce that window to something more reasonable.

I have several other questions related to finances, bank accounts etc but those are probably best saved for other forum sections and once I've read all the FAQs on here! Thanks!

Re: J-2 Visa & EAD
 

You need to be physically present in the US when USCIS receives your EAD application. However, you are free to come and go thereafter. See here: https://internationaloffice.berkeley...ad_for_j-2.pdf

Re: J-2 Visa & EAD
 

Your plan sounds reasonable, as long as you are in the US when USCIS receives the application for EAD.

Re: J-2 Visa & EAD
 

Thanks, that's good to know, and that slidedeck is super helpful!. Just to clarify on 'receives' is that the moment that they get it in the post, or when they start processing it (if they are even different days?)

Re: J-2 Visa & EAD
 

The day that the receipt notice generates and is mailed to you.

Re: J-2 Visa & EAD
 

Note that an EAD normally requires the beneficiary to be present in the US for a biometrics appointment. Normally the appointment is scheduled for you and sent to you within a few weeks of the receipt of the application.

Also note that partners are not eligible for a derivative visa. It must be a spouse or a dependent child.

Re: J-2 Visa & EAD
 

Taking longer that a few months to get an EAD currently, now how long it will take next year who knows.

Re: J-2 Visa & EAD
 

Yeah, I use 'partner' but it's my wife so all fine on that front.

What's the notice time like on the biometrics appointment? I've got no problem atlantic hopping a bit if that's what is needed, but obviously if it's 'Your appointment is tomorrow' that's more of a challenge!

Re: J-2 Visa & EAD
 

Yeah, this is why I am keen to understand whether I can leave and come back as that will help alleviate the gap a little.

Re: J-2 Visa & EAD
 

As I mentioned, normally notice time is received by the beneficiary with a few weeks of application. Unless the notice was lost, it would never be for the next day but rather for a few weeks forthcoming. However, these are not normal time for the USCIS and processing times.

We have seen for a while now that some beneficiaries of EADs, other than those based on spousal change of status, received their EAD within haveing a biometric appointment. The photo used was the one taken at the POE at the time of first entry. Processing times for EADs can vary from 90 days to nearly 18 months.

Now with the change of administrative in our government, even the recent past timelines are dubious for future applicants.

Re: J-2 Visa & EAD
 

I would have thought the biometrics was required for I-765 when it is tied to I-485. My spouse did not require biometrics as an L-2 EAD, but did as I-485 EAD.

Re: J-2 Visa & EAD
 

A J allows you to be in the US does not require you to be in the US, think of it like having a tourist visa, no requirement to use it at all.

So you come over apply for EAD, go home say it takes 8 months to get EAD come back 8 months later and you are good to go.

Re: J-2 Visa & EAD
 

I did exactly this when I applied for my L-2 EAD.

Contrary to some of the other advice here I do not believe you need to be physically present in the US when USCIS receive your application. I left the country literally the day after I posted it.

The application requires you submit an I-94 which shows your legal status in the country. Obviously you have to have entered the US on your visa in order to have an I-94 to submit. Hence the requirement of being physically present. But once the I-94 is safely included in the envelope and on it's way to USCIS I believe you can leave immediately. I did and there was no issue.

I do not know if J-2 are required to attend a biometrics appointment. I wasn't.

Re: J-2 Visa & EAD
 

General comment - just because a person gets away with something doesn’t mean it will happen again.

Re: J-2 Visa & EAD
 

What did I get away with?