HR Connection

Can We Hire Someone on a J-2 Visa?

Posted by Strategic Human Resources, Inc. on Dec 7, 2018 11:41:23 AM

visa-3109800_1280

Question:
What is a J-2 Visa holder? And, 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.

 

Download HR Insights Magazine


Strategic Human Resources Inc. is a national full-service HR management firm based in Cincinnati, Ohio. Its president and founder, Robin Throckmorton, can be reached at Robin@strategichrinc.com.

Topics: EAD, J-2 Visa, Department of Homeland Security or Immigration

Subscribe to our Blogs!