If you're on a J-2 visa and want to keep working for your employer back home, you're not alone. This is one of the most confusing areas in J-2 employment rules, and official guidance doesn't directly address it.
Here's what you need to know about J-2 EAD remote work, foreign employers, and the practical challenges you'll face.
The Bottom Line: Physical Location Determines Everything
Here's the core rule that clears up most confusion: where you physically perform work determines whether you need employment authorization—not where your employer is located or where you get paid.
If you're sitting in your apartment in Boston doing work, you need authorization to work in the United States. It doesn't matter if:
- Your employer is headquartered in London, Mumbai, or São Paulo
- You receive payment in your home country's currency
- Money goes directly to your foreign bank account
- You never set foot in a US office
The Employment Authorization Document authorizes work "in the United States." If you're physically present in the US while working, you need the EAD (8 CFR § 274a.12(c)(5)).
The J-2 EAD is what immigration attorneys call an "unrestricted" work permit. Unlike H-4 EAD holders tied to specific employers, you can work for any employer—US or foreign—with only one restriction: your income cannot be the primary support for the J-1 visa holder (USCIS Policy Manual, Vol. 2, Part D, Ch. 6).
Not sure if you qualify for a J-2 EAD? Check your eligibility in a few minutes.
Why This Question Confuses So Many J-2 Dependents
Three things create confusion around J-2 remote work:
First, USCIS guidance is silent on this scenario. The USCIS Policy Manual and regulations never specifically mention remote work for foreign companies. They don't need to—the underlying principle (work location, not employer location) covers all situations.
Second, people misread "work in the United States." Some J-2 holders interpret this as meaning "work for a US employer." That's incorrect. It means work performed while physically present in US territory.
Third, payment source seems like it should matter—but it doesn't. Whether you're paid to a Chase account or a bank account in your home country, the IRS and USCIS don't care. Your physical location when doing the work is what counts.
For a complete overview of J-2 work rules, see our J-2 visa work authorization guide.
Common Remote Work Scenarios for J-2 EAD Holders
Let's look at specific situations J-2 dependents commonly face:
Scenario 1: Continuing Work for Your Home Country Employer
This is the most common situation. You worked for a company before coming to the US, and they want you to keep working remotely.
What you need:
- Valid J-2 EAD
- Understanding that Form I-9 completion may be a problem (more on this below)
- Proper tax setup for US source income
Practical solution: Many J-2 holders in this situation work as independent contractors rather than employees, which solves the I-9 issue while maintaining the work relationship.
Scenario 2: Freelancing on Platforms Like Upwork or Fiverr
Freelance platforms connect you with clients worldwide. With a J-2 EAD, you can take on freelance work from these platforms.
For detailed guidance on this topic, read our complete guide on whether J-2 visa holders can freelance.
Scenario 3: Working for a Foreign Company's US Subsidiary
If your employer has a US entity (even a small one), this is the cleanest arrangement. The US subsidiary becomes your employer of record, handles Form I-9, and manages tax withholding.
This is the ideal setup if your company has any US presence.
Scenario 4: Consulting for Multiple Foreign Clients
With a valid EAD, you can work for multiple clients simultaneously. There's no restriction on the number of employers or clients. Just remember: all income from work performed in the US is subject to US taxes, regardless of where clients are located.
The Form I-9 Challenge With Foreign Employers
Here's a practical obstacle that trips up many J-2 holders: foreign companies without a US presence cannot legally complete Form I-9.
US law requires every employer to verify an employee's work authorization using Form I-9. The employer must physically examine your documents in person (or through an authorized representative) and sign the form under penalty of perjury.
A company in Germany or India with no US employees or office cannot fulfill this requirement. They have no one authorized to complete Section 2 of the I-9.
The workaround: Work as an independent contractor rather than an employee. Independent contractors don't require I-9 verification. Your foreign company pays you as a contractor, and you handle your own taxes as self-employed.
This arrangement:
- Eliminates the I-9 requirement
- Allows you to continue working with your foreign employer
- Makes you responsible for your own tax payments (including self-employment tax)
If you're considering self-employment beyond just contracting with your previous employer, you may also want to read about starting a business on a J-2 EAD.
Tax Implications You Must Understand
Working remotely for a foreign company while physically in the US creates specific tax obligations. This trips up many J-2 holders who assume foreign payment means no US tax.
US Source Income Rules
IRS Publication 519 is clear: personal services income is sourced based on where you perform the work, not where the payer is located.
Work performed in the US = US source income, period. This income is subject to:
- Federal income tax
- State income tax (in most states)
- Self-employment tax (if working as a contractor)
J-2 Holders Pay FICA Taxes
Unlike J-1 visa holders who may be exempt from Social Security and Medicare taxes, J-2 dependents are NOT exempt from FICA. The IRS specifically states that "the exemption does not apply to spouses and children in J-2 nonimmigrant status."
Self-Employment Tax
If you work as an independent contractor (which most J-2 holders working for foreign companies will need to do), you're responsible for self-employment tax—currently 15.3% on net earnings. This covers both the employee and employer portions of Social Security and Medicare.
You'll need to file quarterly estimated taxes using Form 1040-ES. Consider working with a tax professional familiar with nonresident and dual-status tax situations.
Processing Times, Fees, and 2026 Changes
Before you can work—for any employer—you need an approved EAD. Here's what to expect:
Current J-2 EAD Fees
| Filing Method | Fee |
|---|---|
| Online (Form I-765) | $470 |
| Paper filing | $520 |
| Biometrics (if required) | $30 |
Source: USCIS Fee Schedule
Processing Times
J-2 EAD processing currently takes 3-6 months depending on the service center. University international offices report similar ranges:
- Harvard HIO: 4-6 months
- UC Berkeley: 3-5 months
- Northeastern: Up to 3 months
You can check current processing times on the USCIS Processing Times page by selecting Form I-765 and category (c)(5).
For detailed processing information, see our J-2 EAD processing times guide.
Critical 2026 Change: Automatic Extensions Ended
On October 30, 2025, USCIS ended automatic 540-day EAD extensions. This is a significant change. If your EAD expires and you've filed for renewal, you can no longer continue working while waiting for approval.
What this means for you:
- File renewal applications at the earliest permitted time (180 days before expiration)
- Build in buffer time for potential delays
- Have a plan for employment gaps
Learn more about renewal timing in our J-2 EAD renewal guide.
What Happens If You Work Without an EAD?
This is worth addressing directly because some people convince themselves that remote work for a foreign employer is a "gray area." It isn't.
Working without authorization—regardless of employer location—can result in:
- Denial of future visa applications: Unauthorized employment is a serious negative factor
- Ineligibility for status extensions: Your J-2 status could be denied for renewal
- Problems with green card applications: If you later adjust status, unauthorized work history must be disclosed
- Potential removal proceedings: In serious cases, unauthorized work can trigger removal
USCIS can discover unauthorized work through tax returns, bank records, and employment verification during any future immigration application.
The safe path is clear: wait for your EAD approval before starting any work.
Official Sources
This guide is based on current USCIS policy and federal regulations. All information was verified against these official sources as of January 2026:
USCIS Resources
Federal Regulations
- 8 CFR § 274a.12 - Classes of Aliens Authorized to Accept Employment
- 8 CFR § 214.2(j) - J Nonimmigrant Status
IRS Tax Guidance
- IRS Publication 519 - US Tax Guide for Aliens (Source of Income Rules)
- FICA for J Visa Holders
Immigration law changes frequently. We monitor USCIS policy updates and revise this guide when regulations change.