WORK PERMISSION FOR J-2 DEPENDENTS

This handout is designed for the J-2 dependents of J-1 Exchange Visitors.  It lists the conditions of J-2 work authorization, and tells you how to apply.

CONDITIONS

1. You must hold valid J-2 status, and the Exchange Visitor must hold valid J-1 status, as shown on  your I-94 Departure Record cards.

2. Your income may not be used to support your J-1 spouse or parent.

3. You may only begin work when you receive your Employment Authorization Document (EAD) from  the Citizenship and Immigration Services (USCIS).  The EAD is an identification card laminated in  plastic, with your photograph and the expiration date of your permission to work.

4.  You may work part-time or full-time, at any job, for any employer (except you may not practice   medicine, even if you have a license).  There is no legal limit to the amount that you may earn.

5. USCIS can authorize J-2 employment for as long as the J-1 Exchange Visitor has permission to  stay OR for four years, whichever is shorter.  Permission to stay expires on the date shown on the  I-94 card.  If the I-94 card shows "Duration of Status" or "D/S", permission to stay expires on the  date shown on Form DS-2019.

HOW TO APPLY

You should bring the required items listed below to the Center for International Programs (CIP).  We will check them over to make sure they are complete.   You will then send the materials to the US Citizenship & Immigration Service Office in Lincoln, Nebraska.

   Dept. of Homeland Security
   USCIS
   Nebraska Service Center
   P.O. Box 87765
   Lincoln, NE  68501-7765

1.  Your passport (if you are Canadian, you may use another form of photo-bearing identification).

2.   Your I-94 Departure Record card and form DS-2019.

3.   The J-1 Exchange Visitor's I-94 and his/her form DS-2019. 

4.   Form I-765, "Application for Employment Authorization."   

5.   A check for $180  payable to "U.S. Citizenship and Immigration Service".

6. Two color photos (see attached instruction sheet) with your name written on back of each photo.

7. Letter (see sample on back of this flyer) from you, the J-2 dependent, to the District Director  requesting work permission.  The point of the letter is not to demonstrate need;  it is to show  USCIS that the J-1 Exchange Visitor has sufficient resources for his/her own expenses, and will not  depend on your earnings.  In the letter you should indicate the sources and amount of the J-1  Exchange Visitor's support, and include a short budget or statement of family expenses to show  
 that his/her resources are adequate without any income from your employment.  You should give a  reason for wanting to work, some worthwhile interest or activity that might include your study, family  travel or recreational or cultural activities.  In your letter you may say specifically that income from  your earnings will not be used for the J-1 Exchange Visitor's support.

AUTHORIZATION TO WORK

USCIS Form I-9, "Employment Eligibility Verification."

When you begin work, your employer will ask you to complete Form I-9, which requires you to document your work authorization.  For Form I-9, your EAD card is acceptable proof both of your identity and your permission to work.

If your permission to stay expires, so will your EAD.  You should ask CIP staff about how to extend permission to stay for the J-1 and all J-2 dependents, and whether you may apply for a new EAD with the application for extension, or after it has been approved.  A pending application for extension of stay, or for a new EAD, does not authorize you to continue working.  When you have the new EAD, you will have to update Form I-9 with your employer.

OBTAINING A SOCIAL SECURITY NUMBER

To put you on the payroll, your employer will need your Social Security number, which you can obtain by applying for a Social Security card.  Take your passport (if you are Canadian, you may use another form of photo-bearing identification), I-94 Departure Record card, pink copy of the J-1's Form DS-2019, your form DS-2019, and your EAD to an office of the Social Security Administration. 

TAXES

The earnings of J-2 dependents are subject to applicable federal, state and local taxes, and Social Security, and employers are required by law to withhold those taxes from paychecks.  By April 15 you must file an income tax return, Form 1040NR, with the Internal Revenue Service (IRS), covering the prior calendar year.  The return determines whether you owe more taxes, or have a refund coming.  With Form 1040NR you must also file a "Required Statement".  See IRS Publication 519, "U.S. Tax Guide for Aliens." 

SAMPLE LETTER OF APPLICATION FOR J-2 WORK PERMISSION

       [Your street address]
       [Your city, state, and zip code]
       [Date]

District Director
USCIS
Nebraska Service Center
P.O. Box 87765
Lincoln, NE  68501-7765 

Dear Sir or Madame:

I would like to apply for J-2 work permission.

My spouse's Form DS-2019 shows (total amount) in support, including (amount) from Ball State University, and (amount) in personal funds.  Of this, (amount) goes to the university for tuition and fees, and a total of about (amount) for the year will be withheld from his/her assistantship stipend checks for income tax.  In addition we pay (amount) each year for health insurance.  That leaves (amount), or just over (divide amount by 12) each month for living expenses.  Our monthly budget is as follows:

$550 rent and utilities
$500 food
$300 miscellaneous (clothing, transportation, recreation)
$1350  Total

As this budget shows, we have enough to live modestly, but there are no funds left for expenses that are not essential.  While in the United States, I would like to take a course in English for non-native speakers, which would cost about $50 per month, and we can afford the expense only if I work.  I therefore hope that you will approve my request.

I understand that none of my earnings may be used for the support of my J-1 spouse.

Sincerely,

[Your signature]
[Your name]