J-2 employment may be authorized by the U.S. Citizenship and Immigration Services (USCIS) for the duration of the J-1 principal's authorized stay as indicated on Form I-94 and Form DS-2019 or a period of four years, whichever is shorter. However, most commonly, the Employment Authorization Document (EAD) is issued for a 12-month period and has to be renewed once a year.
J-2 dependents are eligible to apply for permission to work from USCIS through a Form I-765 Application for Employment Authorization. The J-2 dependent may begin employment only after having received the approved EAD from USCIS.
The regulation states that employment may not be granted when the earnings are to be used to support the J-1 visa holder. Rather, the earnings must be used for the “Family's customary recreational and cultural activities and those related to travel”. Source: 8CFR 21A.2(j)(1) (v) (A) Required Documents - Form I-765 (at www.uscis.gov) - mark (c) (5) on item #16. Make sure you sign the form clearly and do not date until you are ready to mail your documents.
- I-765 Application Fee (please check on the USCIS web site for the latest version of the form and the application fee.)
- Two (2) photos meeting the specifications noted on Form I-765 instructions. Write your name and SEVIS number (found on the upper right corner of your Form DS-2019) on the back of the photos, lightly, with a pencil, put the photos in a small envelope and staple the envelope (not photos) to the Form I-765.
- A photocopy of the personal data and photo page as well as the visa page in passport. Please note: Your passport must be valid.
- A photocopy of the J-1 visa holder's Form I-94 (both sides) and Form DS- 2019.
- A photocopy of the J-2 visa holder's Form I-94 (both sides) and Form DS-2019.
- A written statement explaining that the J-2 employment is not necessary to support the J-1, but will be used for the needs of the J-2. We recommend that your statement include the following sentence: “The income derived from the desired employment will be used to support myself in cultural and recreational activities and not my J-1 spouse”.
Submitting the I-765 Application Packet to USCIS - The application must be mailed to the USCIS Service Center with jurisdiction over the J-2 applicant's place of residence. Refer to www.uscis.gov for your state of residence.
- For J-2 applicants residing in Michigan, mail your completed application with all the required documents by certified mail to:
U.S. Department of Homeland Security
USCIS – Nebraska Service Center
P.O. Box 87765
Lincoln, NE 68501-7765
(or to the Service Center which has jurisdiction over your residence listed on I-765) - Within 4 weeks, you should receive a notice confirming that your application has been received and informing you of the approximate length of the processing period. You will receive a case number, which you may use to check updated information on the status of your application on the USCIS web site.
- After your application has been processed, you will receive the Employment Authorization Document (EAD Card) which is a plastic, picture ID. You can then take the card to a Social Security Administration Office and apply for a Social Security number.
Your EAD card will be valid up to the expiration date on the card. It can be extended further, provided the DS-2019 form for the J-1 and J-2 have not expired and the J-1 program is continuing. To extend your Employment Authorization, you will need to re-submit all of the above mentioned documents to USCIS and enclose a copy of both sides of your EAD card.
For more information, please see an advisor in International Services and Student Affairs, 4255 Ellsworth Hall.
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