Overview

J-2 dependents of J-1 visa holders are eligible to apply for Employment Authorization (EAD) from the U.S. Citizenship and Immigration Services (USCIS). With an approved EAD, they may work full-time or part-time in the United States. To qualify, applicants must: 1) be in active J status and 2) work only between the dates authorized on the EAD. EAD extensions may be possible within the valid DS-2019 program dates. Work is not permitted during gaps between the end of one EAD and the start of another. You are welcome to discuss your plans with an OISS advisor before applying.

OISS can provide limited assistance on the application process, but applicants are responsible for the authenticity and accuracy of answers and the application submission process.

In addition to the guidance on this website, be sure to review https://www.uscis.gov/i-765.

Eligibility Requirements

• Applicants must be in active J-2 status as documented on Forms I-94 and DS-2019. [8 CFR 214.2(j)(1)(v)(A)]

• J-2 employment should not support the J-1 in the United States. Rather, it must “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.“ [8 CFR 214.2(j)(1)(v)(A)]

• Applicants may begin work only after receiving the Employment Authorization Document (EAD) and within the validity dates listed on the EAD. [8 CFR 214.2(j)(1)(v)(A)]

Application Procedures

STEP 1: Complete the Form I-765

1) Download the Form I-765 at https://www.uscis.gov/i-765. Check the Edition Date of your Form I-765 and verify that it is the currently accepted edition as listed at https://www.uscis.gov/i-765. Currently, J-2 visa holders are not eligible to e-file the Form I-765.

2) Complete the Form I-765. We strongly recommend that the form is typed on a computer and only printed for an original signature. USCIS recommends using the most recent version of Adobe Reader for the best functionality of the form. Handwritten responses can lead to misinterpreted characters, etc., but if you wish to submit a handwritten form still, please use black ink and ensure that all responses are strictly within the lines of the answer box.

3) Eligibility category: The correct eligibility category to be entered on Form I-765 for J-2 dependents is (c)(5).

4) Social Security Number: If you do not have a Social Security Number in the U.S., you can apply for an SSN concurrently on Form I-765. Otherwise, you must visit a Social Security Administration office after receiving your EAD to apply.

5) Sign the Form I-765 by hand. USCIS does not currently accept electronic signatures. Make sure your signature fits in the box provided.

Make sure to include all pages of Form I-765 with your application, even if they don't have information entered. The form should be printed single-sided.

STEP 2: Prepare Supporting Documents

You will need to include the following documentation with your application:

• Two U.S. Passport Photos (with name and I-94 number written lightly in pencil on the back of each photo) taken within the last 6 months. Many places in Houston provide U.S. passport-style photos, including Walgreens and CVS.

• Payment: Form G-1450 authorizing a credit card payment (only U.S. credit cards may be used) OR a check or Money Order made payable to the “U.S. Department of Homeland Security” with the SEVIS number in the memo line. Money orders can be purchased at banks, post offices, and some local grocery stores. Verify the current fee on the USCIS Form I-765 webpage under “Filing Fee.”

• Form G-1145, E-Notification of Application/Petition Acceptance to confirm receipt number (optional).

• J-2 Work Permission Letter, including a written statement explaining that your income will not be used to support the J-1 visa holder. You are welcome to download a template here.

• Photocopies (not originals) of J-1 and J-2 immigration documents: DS-2019s, passport ID pages, J-1 and J-2 visas, and most recent I-94 Records

• Financial documentation to support information included in the J-2 Work Permission Letter (e.g., Rice offer letter/pay stubs, bank statements, etc.).

• Proof of marriage. Photocopy of marriage certificate with a certified translation if not in English.

• Photocopy of previous EAD card(s), if applicable.

STEP 3: Assemble and Submit Application to USCIS

1) USCIS provides helpful Tips for Filing Forms by Mail, including their recommended order for the supporting documentation. Make a copy of your final application packet for your records.

2) Submit your application to the appropriate Filing Address indicated at https://www.uscis.gov/i-765-addresses. Look under “Foreign students” and then “(c)(5) - Spouse/dependent of J-1 exchange visitor (J-2 nonimmigrant status)”. There will likely be two addresses – one for the United States Postal Service (USPS) and one for courier services like FedEx and UPS. You should use a mailing method with tracking to confirm delivery.

STEP 4: Wait for USCIS Processing

You should receive an I-797C Receipt Notice from USCIS confirming that your application has been received. This Receipt Notice will include your case number. With the receipt/case number, you may check your case status online at https://egov.uscis.gov.

Please note that USCIS often takes several months to review and process applications. You can check current USCIS processing times at https://egov.uscis.gov/processing-times.

If USCIS issues a Request for Evidence (RFE) for your EAD application, please read through the request carefully and pay special attention to the response deadline. Please feel free to contact OISS if you need assistance in responding to the RFE.

STEP 5: Receive and Use Your EAD

Once you get your EAD, please check the card carefully to ensure all the information is correct. Pay special attention to the validity dates for the work authorization.

The EAD allows you to work at any job, either full-time or part-time. However, please remember that you may only work within the validity dates listed on your EAD.

There is no legal limit to the amount you may earn while using your valid EAD, but please note that you will likely be subject to taxes for any income earned in the United States. For more information, please see https://oiss.rice.edu/tax.

Frequently Asked Questions

How do I learn more about taxes in the U.S. if I work?

OISS staff are not tax experts, but the following webpage outlines the tax process and timelines as well as upcoming workshops that are aimed to prepare you on how to file: https://oiss.rice.edu/tax

Can I file for my Social Security Number with my application for an EAD?

Yes! You will need to answer additional questions on Form I-765 if you would like to request a Social Security Card concurrently with your EAD application.

When can I apply for an EAD renewal?

J-2 dependents can apply for a renewal EAD up to 180 days before the end date of the current EAD, as long as the J-1 still has time left in their program. Please note that J-2 dependents are not eligible for an automatic extension of work authorization and can only work with a valid EAD.