Permission to Work for J-2 Visa Holders

J-2 visa holders, who are a spouse or dependent spouse of J-1 visa holders, may apply to the United States Citizenship and Immigration Services (USCIS) for permission to work in the United States.

I. Eligibility

o J-2 visa holders can only apply for J-2 work permission after they have entered the United States in J-2 visa status or have successfully changed their visa status to J-2 within the U.S.

o The income from the J-2 dependent?s employment may not be used to support the J-1 principal alien. This type of employment is for cultural and personal enrichment purposes only.

o An Employment Authorization Document (EAD) issued in connection with a J-2 employment petition is generally approved for a period of one year (or less if the J-1?s length of authorized stay is less than one year). Additionally, the J-2 employment is valid only if the J-1 is maintaining status.

o An EAD is valid for any type of full time or part time employment for the approved period stated on the card as long as the J-1 is maintaining valid status.

II. Application Procedure

To apply for J-2 work permission, you must mail the following documents to the United States Citizenship and Immigration Services St. Albans, Vermont Service Center:

1. Completed USCIS Form I-765 at: http://www.uscis.gov/files/form/I-765.pdf . Use the notation ?(c) (5)? to identify the eligible category under item 16.
2. $340 check or money order payable to ?The Department of Homeland Security?
3. A written Sample J-2 statement along with supporting evidence, indicating reason for wanting to work and confirming the employment is not necessary for the financial support of the principal (J-1) visa holder but only for cultural and personal enrichment.
4. Copies of current and past DS-2019 forms for the J-1 and J-2
5. Two-passport sized photographs taken within the last 30 days. Write your name in pencil on the back of each photograph.
6. Copy of Form I-94 Arrival/Departure record (front and back) for J-2
7. Copies of any previously issued EAD cards for J-2
8. Copy of visa stamp and identity page from J-2 ?s passport

III. Extending J-2 Employment Authorization requires:

o Filing of Form I-765 with ALL supporting evidence each time an extension is necessary
o Since the J-2?s work eligibility derives from the validity of the J-1?s DS 2019, any J-1 extensions of stay must be processed prior to the J-2?s application for employment authorization
o The petition must be filed at least 90 days in advance of the current expiration in order to avoid interruptions of employment
o If current J-2 employment authorization document (EAD) has expired, the J-2 must end his/her employment until receiving the new EAD.

IV. Address of USCIS Service Center:

USCIS
Vermont Service Center Address:
USCIS Vermont Service Center
Attn: I-765
Lower Welden Street
Saint Albans, VT 05479-000

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