Work permission for J-2 Visa Holders

Eligibility

A dependent (the spouse or child under the age of 21) of a J-1 visa holder is given J-2 status upon entering the United States. J-2 visa holders are eligible for work permission for any number of hours only if:

a) The J-1 visa holder maintains his/her status in the U.S.

b) The J-2 visa holder maintains his/her status in the U.S.

c) The employment authorization card is valid.

If the Employment authorization card expires and the J-1 spouse/parent has maintain his/her J-1 status, work permission may be extended by repeating the application process.

J-2 Cover Letter

The J-2 visa holder should write a cover letter for the employment's authorization application. This letter should explain why work permission is being sought [earn money for school or travel or to further own professional careeer], outline the financial resources of the family and clearly show that all the J-1's expenses are met without the help of the J-2. The letter should be truthful and reflect the J-2's specific situation.

Sample Letter and Financial Statement

The following sample letter is provided only to serve as a guidance. The actual letter should reflect your actual expenses.

Putting the Application Together

The following items should be included in the application:

• Cover letter from the J-2 requestion work permission with a financial statement
• Form I-765, which is available on-line at www.uscis.gov. Click on "forms and fees" amd scroll down to Form I-765. Remember to indicate in question #16 (C) (5) as the reson for eligibility.
• Phototcopy of the DS-2019 (formerly IAP-66) extended for the J-1 spouse/parent.
• Photocopy of both sides of the I-94 for the J-1 spouse/parent.
• Photocopy of both sides of the I-94 for the J-2.
• Copy of marriage certificate for spouse with different last names
• Two passport-style photographs with white background. Failure to submit photographs in compliance with these specification will delay the processing of your application.
• $340 check or money order payable to "Department of Homeland Security".
• Keep copies of everything sent to the CIS. If possible, send the application via certified mail with "Return Receipt Requested" so that you will have proof that CIS received the application. DO NOT send original I-94's or DS-2019s.

Mailing the Application

For people living in the Washington, D.C. area, the application should be sent to:

USCIS Vermont Service Center

75 Lower Welden St.

St. Albans, VT 05479

Upon approval of the application, CIS will send the Employmant Authorization Document (EAD) to the address that was indicated on the application (form I-765).

Work Permission while the Application is Pending

You may NOT begin employment before your application had been approved. After receiving the EAD, the J-2 must apply for a social security card.

Taxes

Unlike J-1 visa holders, J-2 dependents are subject to socail securtiy taxes, federal income taxes, and where applicable, state income taxes. (See IRS publication 519, United States Tax Guide for Aliens)