Applying for Employment Authorization Information for Dependents in J-2 Status

J-2 dependents of J-1 Exchange Visitors may apply to the U.S. Citizenship and Immigration Services (USCIS) for permission to be employed. An individual in valid J-2 status may not accept employment in the United States until he/she has received permission from the USCIS to do so.

Conditions
Assembling the Application
Where to Mail the Application
Processing Time
Sample Letter (required)

Conditions for Employment

You must:

  • Be a dependent of a J-1 Exchange Visitor who holds an unexpired Form DS-2019 along with a valid I-94 card;
  • Hold valid J-2 status as evidenced by a valid I-94 card.
  • Not need income earned from your work to support your J-1 spouse. Income received from your work may only be used to provide "supplemental" family income for recreation, travel and other cultural or educational activities.
  • Make an application to the USCIS on Form I-765 for permission to work. Your application must include specific supporting documentation and a filing fee.
  • Not begin employment until the USCIS has approved your application for work authorization and has issued you an Employment Authorization Card (commonly referred to as EAD). The EAD is a laminated identification card containing your photograph, and the dates you are authorized to be employed.
  • Pay federal and state taxes on any money earned in the United States including income and social security taxes. (J-2 dependents who work are required to pay social security taxes.)

Once you have been issued an EAD, you may work part-time or full-time for any employer in the United States. (However, you may not practice medicine in the United States even if you have a license to do so in your home country.) There is no legal limit to the amount of money you may earn.

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Assembling Your Application

In order to apply to the USCIS for permission to work in the U.S., the J-2 dependent must submit the following:

  1. A fully completed Form I-765. On line 16, of Form I-765, the J-2 dependent should mark (c) (5) in the spaces provided for eligibility categories.
  2. The filing fee. Write the check to “U.S. Citizenship and Immigration Services”. The fee may be in the form of a personal check, a bank check or a money order (DO NOT SEND CASH). Staple the check or money order to the front of the Form I-765. (Click here for current USCIS filing fees.)
  3. A copy of your DS-2019
  4. A copy of the front and back of your most recent Form I-94, Record of Arrival and Departure
  5. A copy of the J-1 Exchange Visitor's most recent, unexpired Form DS-2019
  6. Two passport-style photographs of yourself. Write your name and date of birth on the back of each photograph. (We suggest you place the photographs in a small plastic bag or envelope and staple them to your application.)
  7. Copies of your and the J-1's passport pages showing identifying information (i.e., the page with the photo, date of birth, date of passport's issue and expiration). Also include the page with J-1/J-2 visas if you entered the U.S. in J-1/J-2 visa status.
  8. If you are requesting a renewal of your work authorization, also send a copy (front and back) of your last EAD card.
  9. A written statement addressed to the USCIS along with any appropriate supporting documentation (copy of your bank balance, a letter from the J-1 Exchange Visitor's employer documenting his/her salary, etc.) verifying that your employment will not be used to support the J-1 Exchange Scholar. (See sample below.)

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Where to Send Your Application

Mail your application and all supporting documentation to:

U.S. Department of Homeland Security
U.S. Citizenship and Immigration Services
Vermont Service Center
75 Lower Welden St.
Saint Albans, VT, 05479

Be sure to make a copy of your completed application materials before mailing.

Always mail applications to the USCIS via U.S. certified mail with a return receipt or priority mail at the Post Office. Doing so will ensure that you have a record of the materials you have sent and the date on which they were received.

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When Will I Receive My Employment Authorization?

If your application is complete, the USCIS will mail you a Form called an I-797, a receipt notice verifying that your application has been received. The receipt notice will indicate how long the USCIS estimates it will take to make a decision on your application.

If your application is approved, the USCIS will mail your EAD directly to you at the address you listed on Form I-765.

If additional information or documentation is required,

If your application is denied, you will receive a written notice from the USCIS explaining the basis for the decision.

In most cases, if your application is complete and approved, you will receive your EAD within 90 days of the date of the receipt notice. Remember, you may not begin employment until you receive your EAD and you are not permitted to work after the date of expiration on your EAD. However, you may apply for an extension of your current EAD if you are still eligible at the time your EAD expires. Keep in mind though that if your permission to stay expires, so will your EAD! Consult the OISS for more information on the expiration of your permission to stay in the U.S.

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Sample Letter to be Submitted with Your Application

[Your street address]
[Your city, state and zip code]

[Date]

U.S. Department of Homeland Security
U.S. Citizenship and Immigration Services
Vermont Service Center
75 Lower Welden St.
Saint Albans, VT, 05479

Dear Sir or Madam:

I am the J-2 dependent of a J-1 Exchange Visitor in valid “J” status. The purpose of this letter is to submit my application for work authorization.

My (husband/wife's/parent's) Form DS-2019 shows $XX,XXX in support, (including $XX,XXX from the University of New Hampshire and/or $XX,XXX from my (home government/home institution in (name of country). In addition, the enclosed statement from XXXX Bank indicates that we have a current bank balance of $XX,XXX. We also have an additional $XX,XXX in personal funds available to us in the XXX Bank in (name of home country).

Our monthly budget is as follows:

$ XXX Rent and utilities (electric, heat, phone, etc.)
XXX Food
XXX Miscellaneous (clothing, transportation, recreation, etc.)
X,XXX TOTAL

As this budget shows, we have enough money to live modestly, but there are no funds left for expenses which are not essential. At this time, I would like to seek employment in the United States in order to provide supplemental income which will be used to (take English or other course(s), do some traveling around the U.S., increase my knowledge of U.S. customs and culture, etc.). I understand that none of my earnings may be used for the support of my J-1 spouse. Therefore, I respectfully request your approval of this application and grant me permission to be employed in the U.S.

Sincerely,

[Your name]

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