|
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
Tuesday morning from 10:00 to 11:00, the International Scholars
Office (ISO) 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.
| 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 ISO on any Tuesday morning between
10:00 and 11:00 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'
Frequently Asked Questions 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 (4-105).
| 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.Extension
of stay procedure for J-1 scholarsIt 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.
back
to top
| Last
Updated: September 2007 |
|