Employment of J-2 Dependents

Information for J-2 Employment Authorization

The J-2 dependent spouse of a J-1 exchange visitor may apply to the U.S. Citizenship and Immigration Services (USCIS) for employment authorization.  To be eligible, the J-1 principal and the J-2 dependent must be physically present inside the United States.  Additionally, employment authorization may be granted only to support the recreational activity, professional development, and/or financial resources of the J-2 dependent (and any J-2 dependent children).  The J-2 spouse may not apply for employment authorization for the purpose of providing financial support to the J-2 exchange visitor.

Application Procedure

To apply for J-2 employment authorization, J-2 applicants must prepare the following documents:

  • A completed Form I-765 (PDF) Application for Employment Aurhorization.  Note: the answer to question #27 is (c)(5)
  • Write a check or money order for the application fee, made payable to the US Department of Homeland Security.  See the USCIS website for the application fee amount.
  • Two color passport photographs
  • Photocopies of the J-1 and J-2's passport identification and expiration page
  • Photocopies of the J-1 and J-2's entry visas and I-94 cards (both sides)
  • Photocopies of the J-1 and J-2's DS-2019 forms
  • A signed and dated letter from the J-2 dependent, indicating his/her reasons for applying for employment authorization (for personal recreation, to enhance the J-2's professional work experience, to gain language skills, for personal spending money, etc.).  The letter should also indicate that the reason for employment is not to support the J-1 exchange visitor. 
  • Recommended: Copies of the J-1's financial documents, to show that the J-1 has adequate financial resources to support their own activity and stay in the U.S.

Mail all application documents by express service or certified mail, return receipt, to the address listed on the I-765 application instructions page.

After Submission of Application

Within four to six weeks after the I-765 application packet is received by the USCIS, you will receive an I-797 Notice of Action (receipt notice) confirming that your application is being processed.  Keep this receipt, as it contains information that may be needed in the event there is a problem with your application or follow-up becomes necessary.  The receipt notice will indicate your I-765 case numbe (e.g., EAC-xx-xxxxxxxx).  You can use this number to check the status of your application on the USCIS Case Status Online System. 

Within 8-12 weeks, you should receive an Employment Authorization Document (EAD card), granting you authorization to work. 

  • You may not start working until you receive the EAD card, and until the start date on the EAD card has been reached.
  • J-2 employment authorization is usually granted for a maximum of one year, or up to the expiration of the J-1's DS-2019, whichever is earlier.  A J-2 dependent may submit a new application to renew employment authorization if the J-1's stay is later extended.
  • Once you receive your EAD card, submit a copy to the Foreign National Tax Office.

Termination of Employment Authorization

J-2 employment authorization is automatically terminated if the J-1 principal falls out of J-1 status or completes his/her stay in the United States.