The Catholic University of America

Employment for J-2 Status Holders

Eligibility Cover Letter Assembling the application Mailing the application Work Permission while pending Taxes Sample letter

A J-1 exchange visitor may be accompanied by a spouse and/or any unmarried children under the age of 21. Each dependent must possess their own Form DS-2019 issued through the Student and Exchange visitor Information System (SEVIS) by the institution sponors the J-1. As such, each individual will have their own SEVIS identification number. There is no restriction on the ability of J-2 status holders to study. It may be possible for long-term cohabitating partners or extended family to accompany the J-1 in B-2 status.

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 U.S. J-2 visa holders are eligible to apply 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 J-2's earnings do not support the J-1 visa holder.

d) The Employment Authorization card is valid.

If the Employment Authorization card expires and the J-1 spouse/parent has maintained 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 further own professional career], outline the financial resources of the family and clearly show that all J-1's expenses are met without the help of the J-2. A sample letter appears below. The letter should be truthful and reflect the J-2's specific situation.

Putting the Application together

The following items should be included in the application:

  • Cover letter from the J-2 requesting work permission with a financial statement.
  • Form I-765, which is available on-line at www.uscis.gov. Click on "forms and fees" and scroll down to Form I-765. Remember to indicate in question # 16 (C) (5) as the reason for eligibility.
  • Photocopy 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 spouses with different last names.
  • Two immigration-style photographs. Read carefully the handout regarding photograph specifications. Failure to submit photographs in compliance with these specifications 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-94s 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 Employment Authorization Document (EAD) to the address that was indicated on the application (form I-765).

Work Permission while the Application is Pending

J-2 status holders may not begin employment before the application has 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 Social Security taxes, federal income taxes, and where applicable, state income taxes. (See IRS publication 519, United States Tax Guide for Aliens).

Sample Letter and Financial Statement

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

Address of J-2

Telephone #

Date of letter

Director

Vermont Service Center

U.S. Citizenship and Immigration Services

75 Lower Welden Street

St. Albans, VT 05479

Dear Director:

I am a J-2 dependent of a J-1 researcher/student/professor at The Catholic University of America. I would like to request permission to work in the United States.

My husband/wife/parent is a researcher/students/visiting professor at The Catholic University of America's School of ____. He/she has enough financial resources to meet his/her expenses. Our monthly expenses work out as follows:

House/apartment rental $____________

Groceries $____________

Utilities (electric, gas, water, telephone) $___________

Health/dental insurance $ __________

Transportation Costs $ __________

Clothing, shoes, etc. $___________

I would like permission to work in order to save money to further my education and to travel, both within the United States and abroad. The income I earn will not be used to financially support my husband/wife/parent.

Thank you for your consideration of my application.

Sincerely,

Name of the J-2 visa holder

This webpage is intended to provide basic, general information only and should not be used as a substitute for professional advice from qualified immigration attorneys or practitioners.