International Scholars

J-2 Employment Authorization

J-2 status holders are allowed to apply for employment authorization (work permit). Once a J-2 has received an Employment Authorization Document (EAD) from U.S. Citizenship and Immigration Service (USCIS), the work permit may be used for any job, part-time or full-time, for the period authorized on the EAD. The EAD will be granted for employment that is used to support some worthwhile interest or activity for the J-2 such as maintaining professional activities, family travel or other recreational or cultural activities. The employment may not be used to financially support the J-1 exchange visitor.

Applications for employment authorization can take 3-4 months to process. Employment may not begin until you have received the EAD. Employment is only allowed during the dates authorized on the EAD. Employment authorization will be granted for one year, or until the end date on the J-2 DS-2019, whichever is less. Extensions are possible, but due to the lengthy processing times for a new EAD, it is wise to apply for extensions well in advance of the current EAD expiration date.

Application

To apply for J-2 employment authorization, you will need the following documents:

  1. Application fee "General Filing" – Check or money order made out to “U.S. Department of Homeland Security.” A name and address must be printed on the check; temporary checks are not accepted. You may also pay by credit card by including form G-1450. Online application fees are paid by credit card.
  2. I-765 Form – The application form is available on the USCIS web site (https://www.uscis.gov/i-765). Complete the form as directed.
    1. Complete the fillable form on your computer and print out all pages, even if some are blank or don't seem relevant. If filling the form by hand, use black or blue ink pen.
    2. If you do not have a Social Security Number, you can request one through the I-765 application. However, we recommend you do not request a SSN on this form and apply directly with the Social Security Administration.
    3. Part 2, Item #27: enter the code “(C) (5) ( _ )”.
    4. Sign the form at the bottom in blue ink.
  3. Cover Letter – Include the following information in a cover letter for your application:
    1. Request permission for employment authorization.
    2. Statement confirming that the J-1 Exchange Visitor has sufficient financial resources to support his/her own expenses and will not be dependent upon the J-2 earnings. Include information about the sources and amounts of financial support for the J-1 and attach supporting evidence.
    3. Reasons for wanting to work, e.g. maintaining J-2 profession, personal activities, etc.
    4. If your J-2 status is valid for more than one year, add the following statement: “I would like to request employment until the end date of my DS-2019 on (date), under federal regulations 8 CFR274a.12( a ) and ( c ).”
  4. Copies of all current and past DS-2019s for the J-1’s and the J-2
  5. Copy of the J-1 and J-2 forms I-94 (available at https://i94.cbp.dhs.gov/I94/#/home)
  6. Copy of the J-2 biographical page in passport
  7. Copy of the J-2 visa
  8. Copies of any past EAD cards issued to the J-2
  9. Copy of marriage certificate (if spouse of J-1) or birth certificate (if child of J-1). – Non-English documents should include an English translation.
  10. Two passport type photos – Include two passport style photos of the J-2 applicant. Lightly print your name and I-94 number on the back of each photo (do not crease the photo when you write). See instructions for acceptable photos at U.S. Dept of State passport web site. Place the photos in a small envelope marked “photos” to attach to the application. If applying online, see digital images requirements.

Important Application Reminders

  • Read the I-765 instructions carefully and completely! If filing by mail, always make sure to use the correct edition of Form I-765 and pay the correct filing fee. 
  • Review your application carefully for completeness and signatures before sending it.
  • Make a complete copy of everything in your application for your records. Very important!
  • The address written on the I-765 application should be valid for at least 3-4 months into the future. If you move, the US post office will not forward USCIS mail and your EAD will be returned. If you will be moving, talk to an adviser at ISSS before submitting your application.
  • If you application is for an extension EAD, you cannot file more than 120 days before the current EAD expiration date. To prevent a gap in employment authorization, extension applications should be submitted as early as possible, but within the 120 day limit.

E-Notification

  • Form G-1145, E-Notification of Application/Petition Acceptance – If you wish to receive an email or text confirming receipt of your application by USCIS, complete and clip form G-1145 to the first page of your application.

Mailing the Application

  • Put your application together in the order list above (check on top, photos last).
  • Seal in large (page sized) envelope and make sure you have adequate postage.
  • Mail your application to the appropriate address listed at Direct Filing Addresses for Form I-765. Use the address for "Foreign Students", code "(c)(5)".

Receipt “Notice of Action”

You will receive a “Notice of Action” receipt from USCIS, usually within 2-6 weeks of sending your application. This is an important document that verifies receipt of your application, and can be used to track the status of your application. To check the status of your application, go to the USCIS "My Case Status" page.

Online Applications

Filing the I-765 online can be a good alternative to paper filing. By filing online you can be assured your application has been received, the fee is slightly lower, and you can track your application status (no need for G-1145), an the processing time might be quicker. 

Online application tips:

  • To file online you will need to create a USCIS online account if you do not already need one.
  • You may want to print and fill in the paper version of form I-765 so you have your information prepared before you fill in the online form.
  • Have all of the required documents listed above ready to upload with your application.

 

Employment

  • After receiving your Employment Authorization Document (EAD) you are allowed to work for the period authorized on the EAD card. You are not allowed to work under any circumstances without a valid EAD. Unauthorized employment is a violation of status and would terminate your J-2 status.
  • Make a copy of your EAD, and then keep the original in a separate safe place. If you lose your EAD you cannot prove your legal permission to work.
  • If this is your first work permit in the U.S., you will need to apply for a Social Security Number before you begin employment. See the ISSS information page on how to obtain a Social Security card.
  • When you begin work, you will need to complete form I-9 with your new employer. The employer will need to see the original EAD and other identification documents.
  • J-2 employees are subject to federal, state and local taxes. J-2s must file an income tax return for each calendar year of employment. See ISSS information page on taxes for more tax information.