J-1 VISITING PROFESSORS AND RESEARCH SCHOLARS
Occasional Lectures or Consultations
Authorization by your J-1 Responsible Officer
To work for any employer other than the school named on your
Form DS-2019, you must first obtain approval in writing from
your J-1 Responsible Officer, who represents your J-1 sponsor
and issued your Forms DS-2019. He or she must evaluate the
proposed employment in terms of your program objectives and your
individual circumstances, and then decide whether it would be
appropriate or not.
If our school is your sponsor, then your J-1 Responsible Officer
is the international advisor in International Advising. If your
J-1 sponsor is an agency, and if you are uncertain how to reach
your J-1 Responsible Officer, International Advising can help
you locate the responsible Officer who would assist you.
Conditions
The proposed employment:
1. Must be directly related to the objectives of your Exchange
Visitor program;
2. Must be incidental to your primary program activities; and
3. Must not delay the completion of your Exchange Visitor
program.
Procedures
To obtain authorization for incidental employment, you should
present the following to your J-1 Responsible Officer:
A letter of offer from the prospective employer describing the
terms and conditions of the proposed employment, including the
duration, the number of hours, the field or subject, the amount
of compensation, and a description of the activity for which you
are being hired.
A letter from your department head or supervisor:
1. Referring to the letter from the prospective employer;
2. Confirming that the employment is directly related to your
principal activity, is indeed incidental, and will not delay
completion of your program;
3. Explaining how the proposed activity would enhance your
Exchange Visitor program; and
Recommending approval of the employment.
If the J-1 Responsible Officer approves, International Advising
will authorize the employment in writing.
Authorization To Work
If the employment is a lecture or consultation, you will be
working not as an employee but as an independent contractor,
meaning that you will not have a sustained employer-employee
relationship with the person or institution paying you. You will
not complete Form I-9, "Employment Eligibility Verification," in
order to start work. In that situation your authorization will
take the form of a letter to you from the Responsible Officer in
the International Advising, which your employer may ask to see,
and which your should keep--permanently.
If the incidental employment will be sustained, for example if
you will be teaching a course at another school for an entire
term, the Responsible Officer will issue an updated DS-2019 for
you containing the new information. The Responsible Officer will
notify SEVIS and Department of State of the change.
J-2 Employment Application
Who is eligible to apply?
J-2 dependents may apply for permission to accept employment,
provided the income from such employment will be used solely for
the benefit of the dependent(s). The earnings may be used for
such activities as recreation, cultural enrichment, travel,
education, or any other purpose NOT related to the needs of the
principal J-1 visitor. Employment will not be authorized by INS
if this income is needed to support the J-1 visitor. [8 CFR
214.2(j)(1)(v)(A)].
In addition to having the appropriate intent for application,
the following additional requirements must be met:
The J-1 visitor must be maintaining a legal status at the time
of the application. This includes having an unexpired passport,
and an I-94 card which is marked as D/S or with a date of expiry
in the future.
The J-1 visitor must also be pursuing the objective for which
s/he was admitted (i.e. full-time enrollment, research, etc.).
The J-2 dependent must have an unexpired passport, an I-94 card
which is marked as D/S or with a date of expiry in the future,
and not be or have been engaged in any unauthorized employment
while in the United States.
What is the maximum time period that I will be allowed to work?
The EAD will be issued for the period up to the expiration date
of the J-1’s DS-2019.
What is the application procedure?
You may request J-2 work authorization from the U.S. Citizenship
and Immigrant Services (USCIS) by following the directions
listed below. You must apply for the Employment Authorization
Document (EAD) and receive it in advance of beginning the
employment; you must have this document in your possession to be
legally employed in the U.S. To apply, collect the following
documents:
Completed Form I-765 (available at International Advising or the
web). Answer question #16 by writing : (c)(5)
The Form I-765 and instructions can be downloaded from the USCIS
site http://uscis.gov/graphics/formsfee/forms/i-765.htm .
$175.00 check or money order made payable to the USCIS or
Department of Homeland Security.
A letter, addressed to USCIS, which includes the following:
a. Your name, visa type, your date of arrival in the U.S., your
expected duration of stay, and a statement that you are
requesting J-2 work permission.
b. Breakdown of living expenses. State source and amount of
J-1's principal’s income, and show how income is adequate for
basic living expenses--rent, food, J-1's tuition (if any),
insurance, local transportation, books/supplies, clothing, etc.
Show expenses by means of any average monthly budget.
c. Reasons for applying for J-2 work permission. Reasons may
include further education for self, children’s music, dance, or
other lessons, entertainment, travel within the U.S., etc.
d. Statement that your employment is not for support of the J-1,
but for other purposes.
Photocopy of both sides of your I-94 card.
Photocopy of both sides of the J-1's I-94 card.
Photocopy of your DS-2019, passport identity, expiry, visa pages
and any previously issued EAD card(s).
Photocopy of J-1's passport identity, expiry, and visa pages,
and current DS-2019.
Two color photos which have been taken recently. These are the
same as passport photos. These photos should have a white
background; be unmounted, printed on thin paper; glossy and
unretouched. The photos should show a three-quarter front
profile on the right side of your face, with your right ear
visible. Your head should be bare unless you are wearing a
headdress as required by a religious order to which you belong.
The photo should not be larger than 1inch by 1 inch, with the
distance from the top of the head to just below the chin about 1
inches. We recommend that you place both photos in a small
plastic bag or envelope, so that they are not separated from the
rest of your application.
Additional information on the USCIS website: http://uscis.gov/graphics/index.htm
Where do I mail the application materials?
The completed application and materials should be sent to:
USCIS
Texas Service Center
P.O. Box 851041
Mesquite TX 75185-1041
We recommend that you mail your application "certified mail,
return receipt requested". Certified mail means that the U.S.
postal service will assign an identifying number to your piece
of mail. Return receipt requested is a postcard which is
attached to your piece of mail. This postcard is then signed and
mailed back to your home once the person addressed has received
your mail. You can ask for this special type of handling in
person at any U.S. post office.
You should also receive a receipt from the Texas Service Center.
Save your return receipt as proof of mailing.
It is strongly suggested that you make photocopies of the entire
application that you will be mailing to USCIS for your personal
records, along with the
receipt(s) which USCIS will return to
you.
How do I apply for an extension of J-2 work permission?
If your EAD card must be extended, you will need to re-apply for
extension using the same procedures as in your initial
application. Simply, follow the procedure outlined above.
social security
J-1 and J-2 Visa Holders
Regulation does not require J-1 and J-2 holders to present an
employer’s letter.
J-1’s will need a letter from International Advising, or their
J-1 sponsor, plus their Ds-2019, I-94, and passport.
J-2’s will need their EAD card, plus DS-2019, I-94, and
passport.
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