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J-2 Dependent Employment

 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 USCIS 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, or one year, whichever is less. This practice may be amended in the future to give a longer time, to match the DS-2019.

 What is the application procedure?

You may request J-2 work authorization from US Citizenship and Immigration 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 From I-765 (available at International Advising) Answer question #16 by writing : (c)(5)

• $175.00 check or money order made payable to the USCIS

•  A letter, addressed to INS, which includes the following:

  1.  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.

  2. 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.

  3. 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.

  4. 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 current DS-2019,  passport identity, expiry, and visa pages.

• Two color photos which have been taken recently. These are the same as “green card” 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 1 ½ inch by 1 ½  inch, with the distance from the top of the head to just below the chin about 11/4 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.

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

You may wish to 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 USCIS 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 INS for your personal records, along with the receipt(s) which INS will return to you.

You can monitor progress of the application on the USCIS website, once you have the receipt notice with your file number in the upper left-hand corner. It will begin with SRC. The website is http://uscis.gov/graphics/index.htm . Look under “Case Status Online”.

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.