J-2 Employment
J-2 dependents over the age of 18 may apply for an Employment Authorization Document
(EAD) from United States Immigration & Citizenship Services (USCIS) that will permit
them to be employed in the United States.
J-2 dependents are eligible for employment so long as the employment is not for
the support of the J-1 exchange visitor:
According to federal regulations, “Income from the spouse’s or dependent’s
employment may be used to support the family’s customary recreational and cultural
activities and related travel, among other things. Employment will not be authorized
if this income is needed to support the J-1 principal alien.”
Applications for Employment Authorization should be mailed to
USCIS--California Service Center
P.O. Box 10765
Laguna Niguel, CA 92607-0765
The
application needs to contain all of the following:
- Form I-765
- Fee of $340.00 (Personal Check made out to “U.S. Citizenship and Immigration Services.”)
- 2 passport-style photos ( Write name and birth date on back of photos with pencil)
- Copy of current DS-2019 for J-2 and J-1
- Copy of current I-94 card for J-2 and J-1 (front and back)
- Passport validity page and visa stamp for J-2
- Letter from J-2 explaining the need for employment and statement that income derived from employment will not support the J-1 principal.
- A budget list showing the disparity between original funding attained by J-1 principal and the cost of living and additional expenses.
J-2 dependents will be eligible for employment once the petition has been approved
by USCIS and an EAD card has been issued. EAD authorization is valid for 4 years
maximum or until the end of J-1 program, whichever comes first. The application
to extend the employment authorization for a J-2 dependent should be filed at least
4 months prior to the expiration date.
J-2 dependents are subject to social security taxes as well as federal and state
income taxes, where applicable.