J-2 Dependents

• In order to engage in employment in the United States, J-2 visa holders must obtain a work permit from U.S. Citizenship and Immigration Services (USCIS), known as an EAD card. Employment may not begin until the J-2 has received the Employment Authorization Document (EAD). This process may take three months or more, so the applicant should plan to apply well in advance of the anticipated employment start date.
• Those seeking this authorization must hold valid J-2 status and the J-1 Exchange Visitor must hold valid J-1 status, as indicated on the I-94 record. As a matter of governmental regulation, the income from J-2 employment should not be used to support their J-1 spouse or parent and this must be indicated in a letter sent to USCIS. Please see the Application Procedures section for more information.
• J-2 dependents may only begin working after receiving the Employment Authorization Document from USCIS. Once obtained, the EAD allows the J-2 dependent to work in any job or combination of jobs, full-time or part-time. Please note that exceptions include that the J-2 may not practice medicine, even if holding a license. There is no limit to the amount of money that may be earned by the J-2. However, once again, the J-2’s income should not be used to support the J-1 Exchange Visitor.
• Employment is only permitted for the period of time indicated on the EAD. Extensions of the EAD are possible, up until the end date on the DS-2019. Current USCIS practice is to issue EAD cards for J-2s for only a year, no matter the length of time on their DS-2019. It is recommended that, in their letter, J-2 holders applying for the EAD card request employment authorization for the full time for which their DS-2019 is valid, which has sometimes shown to be successful. In the event that the EAD card will expire and the J-2 wishes to continue working beyond this, they may apply for a renewal if their primary (J-1) still has time left on their DS-2019. This can be applied for 6 months before the current EAD will expire.
• International travel is not advised while an application for the J-2 EAD is pending at USCIS. The application could be denied because the applicant does not hold a U.S. immigration status while abroad and therefore might be found ineligible for any status-associated benefits, including the EAD. It is recommended that applicants plan ahead for this waiting period.

The following materials are needed to apply for an Employment Authorization Card:

1. Completed Form G-1145, E-Notification of Application/Petition Acceptance (if desired)
2. Form 1-765, Application for Employment Authorization
   • Download latest version from USCIS website
   • Use “(c) (5)” for section 16 about Eligibility Category
3. Personal check or U.S. money order in the amount of current I-765 filing fee made payable to Department of Homeland Security. The current I-765 filing fee can be found at https://www.uscis.gov/i-765.
4. A letter written by the J-2 dependent, including the following information:
   • Explanation of why employment is desired (for example recreational activities, cultural activities, development of professional expertise in the field of study, etc.)
   • Statement of the source and amount of financial support that the J-1 scholar already has
   • A statement that the money earned from employment will not be used to support the J-1 scholar
     • Note: if there is any implication that the J-2 employment will be used to support the J-1, the application for employment will be denied.
     • Recommended: it is a good idea to include a summary of your monthly budget/expenses, in order to show that employment is not needed to support the J-1. Please see this Sample Letter for an example of what this would look like.

4. Copy of DS-2019 for J-2 AND J-1(include all previously issued copies)
5. Copy of visa stamp for J-2 and J-1
6. Copy of  I-94 arrival records for J-2 and J-1 (can be obtained and printed from CBP website)
7. Copy of passport identification pages for J-2 and J-1
8. Copy of your marriage certificate
   • If not in English, enclose a translated copy. The translation can be done by yourself or by someone else.
   • Any translation should include a statement that the person translating the document is fluent in both English and the other language and they certify that the translation is true and accurate. (Please see Example Letter)
9. Two identical, color passport-style photographs
   • Should show face frontal view, and measure 2 by 2 inches.
   • It is recommended to have these taken at a location that normally issues photographs intended for passports (such as CVS, Walgreens, etc.).
   • Photos should be recent, no more than 30 days old.
   • Write your name and I-94 number on the back of both photos, and place them in an envelope with your name and I-94 written on it.

Where to File: Direct Filing Addresses for Form I-765, Application for Employment Authorization for Foreign Students can be found on the USCIS website.

One such agency is the Georgia Department of Labor. Locate a Career Center near you.