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Can We Hire Someone on a J-2 Visa?

Question:

What is a J-2 Visa holder? Can we hire a J-2 Visa holder for a position that is located in the United States?

Answer:
A J-2 Visa holder is a spouse or dependent of a J-1 Visa holder.  A J-1 Visa is a non-immigrant visa issued by the United States to research scholars, professors, and exchange visitors participating in programs that promote cultural exchange, especially to obtain medical or business training within the U.S.

A candidate that is a J-2 Visa holder is eligible to work in the United States if they have an Employment Authorization Document (EAD) from the Department of Homeland Security or Immigration.

When you onboard the J-2 Visa holder as an employee of your company, you would use the information on the Employment Authorization Document as a “List C” documentation on the I-9 form.  An Employment Authorization Document does have an expiration date.  Be sure you take note of is the expiration date.  You will need to get an updated Employment Authorization Document from the employee if the individual continues employment after the expiration date.

When employing an individual that is a non-US citizen, it is always best to make your attorney aware and consider consulting an immigration attorney to ensure you are in compliance.

strategic HR inc. knows that keeping abreast of workplace compliance issues and deadlines can be daunting, especially when the laws keep changing. We can help you keep up to date on these changes by offering resources to help you identify and mitigate compliance issues and by making sure you are informed of changes and reacting in a timely manner. Our HR Audit will help your organization identify trouble spots in your HR function. Visit our HR Audit page to learn more about this helpful service.