Work Permission for J-2 Dependents

• Application Instructions
• To Apply for J-2 Work Permission
• Extension of J-2 Work Permission

Application Instructions

These instructions are provided as a courtesy to the spouses of J-1 scholars at MIT. They do not constitute legal advice.

Permission to work will be not authorized by U.S. Citizenship and Immigration Services (USCIS) if the employment is for the support of the J-1 Exchange Visitor. The money earned by a J-2 spouse may be for J-2 travel, recreational, or cultural activities. If the income is needed to support the Exchange Visitor, USCIS will not authorize employment.

The current processing time for J-2 work authorization applications is up to 90 days or longer. J-2 work authorization is generally granted for one year, or for the period of time you are authorized to stay in the United States, as indicated on the Form DS-2019 (if less than one year). However, if the Form DS-2019 is valid for more than one year, USCIS may, at its discretion, issue an employment authorization document (EAD) that is valid for a longer period of time. Requests for a longer validity period should be made in writing at the time of application. Enclose a cover letter requesting work authorization until the ending date on the Form DS-2019.

Every Friday afternoon from 2:00 to 3:00 pm, the International Scholars Office (ISchO) offers an application review for J-2 spouses of international scholars applying for work authorization. If you are preparing to submit a Form I-765 and accompanying documents to the USCIS Vermont Service Center, we encourage you to bring your completed application to one of these sessions so we can help you make sure the entire packet is in order.

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To Apply for J-2 Work Permission

Application Materials:

• Check for $340.00 payable to Department of Homeland Security: Personal checks and money orders are acceptable.
• Form I-765 (Application for Employment Authorization): The J-2 applicant should complete this form. We recommend typing the application using the fillable form to avoid errors on your EAD. In items 14 and 15, write "J-2 Dependent." In item 16, write "c" inside the first set of parentheses and "5" inside the second set. Leave the third set blank. Please note: The "Signature Card" mentioned in the instructions is no longer required. However, when you sign your name on Form I-765, you should make sure that your signature does not cross the lines.
• Two passport-style photographs that meet USCIS requirements: Print your name on the back of each photo. Do not cut photos to size; USCIS will cut them to their specifications.
• J-2 statement: On a separate piece of paper, the J-2 applicant should state that the work permission is not necessary to support the J-1 visa holder but is for other purposes (e.g. cultural, recreational, and travel expenses for the J-2 dependent).
• J-2 immigration documents: Photocopies of the J-2's Form DS-2019, Form I-94 (front and back), J-2 entry visa stamp, and passport identity page(s). [If you are applying for an extension of your current EAD, include a copy of your current EAD (front and back) along with the cardboard slip it was attached to when you received it in the mail].
• J-1 immigration documents: Photocopies of the J-1's Form DS-2019, Form I-94 (front and back), J-1 entry visa stamp, and passport identity page(s).

Once you have compiled the application materials listed above, we suggest you come to the ISchO on any Friday afternoon between 2:00 and 3:00 pm to have an advisor review your application.MAKE COPIES OF EVERYTHING FOR YOUR OWN RECORDS BEFORE YOU SEND THE APPLICATION. We suggest you mail this application at the post office by "certified mail/return receipt requested" or express mail. Mail to:

Vermont Service Center / USCIS
Attn: Form I-765
75 Lower Welden Street
St. Albans, VT 05479-0001

Please remember:
Your work permission will not be in effect until USCIS approves it. Once approved, USCIS will send you an Employment Authorization Document (EAD).Make copies of both sides of the EAD when you recieve it, and keep the cardboard slip it is attached to, as you will need it for any extension applications.

You may check the status of your application online, once you receive a receipt notice from USCIS. If you have a problem with your application, call the National Customer Service Center at 1-800-375-5283 or 1-800-767-1833 (TTY).

Social Security Number and Taxes:
After receiving your EAD, you must apply for a Social Security number by going in person to the Social Security Administration. Take your passport, Form I-94, Form DS-2019, and EAD with you to show work authorization.

Earnings of J-2 visa holders are subject to U.S. Social Security taxes, as well as federal and state income taxes. See IRS Publication 519, "United States Tax Guide for Aliens," available from the IRS website.

Finding a job:
Spouses&partners@mit provides information on finding a job in the Newcomers' Guide section of their website. You may also refer to the publication "Passport to Paid and Volunteer Work: MIT's Resource Guide for Spouses of Foreign Nationals." It is available in the International Scholars Office.

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Extension of J-2 Work Permission

If you and the J-1 Exchange Visitor will remain in the United States after the end date of your current EAD, you must obtain an extension of employment authorization in order to continue working.The application procedure is the same as for your original permission. Send a copy of your current EAD [include the cardboard slip that your current EAD was attached to when you received it in the mail] along with the other required documents as outlined on the checklist. Another EAD will be issued with new dates. The J-1's extension of stay must be granted before Form I-765 for extension of work permission for the J-2 is submitted to USCIS. It is important to complete both the extension of stay and the extension of employment authorization procedures before the expiration date of the J-1's current Form DS-2019.

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Last Updated: February 2009