J-2 Dependents

1. You must hold valid J-2 status, and the exchange visitor of whom you are a dependent must hold valid J-1 status, as shown on your I-94 Records.

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

3. You may work only after you receive your Employment Authorization Document (EAD) from the United States Citizenship and Immigration Services (USCIS). The EAD is an employment authorization card with your photograph and the expiration date of your permission to work. Do not work until you have your EAD.

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

5. USCIS generally authorizes J-2 employment to the end date of the DS-2019 of the J-1 exchange visitor OR for one year, whichever is shorter.

6. J-2 Exchange Visitors cannot remain in the U.S. while the J-1 Exchange Visitor departs the U.S., unless the J-1 will be outside the U.S. for 30 days or less.

Submit Form I-765, Application for Employment Authorization, by mail. See USCIS’ website for Exchange Visitors.

Required Documents

1. Two passport-style photos. Lightly print your name and I-94 number on the back of each photo with a pencil and attach them to the application by placing in a small plastic bag.
2. USCIS Fee. See the USCIS Fee Calculator for current filing fee.
3. Form G-1145 to confirm receipt and obtain case number in advance of paper notification
4. Original Form I-765, Application for Employment Authorization. For Item #27 the answer is (c)(5).
5. A written statement with supporting evidence showing that your employment is not necessary to support the J-1 but is for other purposes (see example below).
6. Proof of financial support
7. Copy of the passport biographical page in your passport
8. Copy of your J-2 DS-2019
9. Copy of your I-94 Departure Record
10. Copy of your most recent J-2 visa (Canadian are exempt)
11. Copy of the J-1 exchange visitor’s Form DS-2019
12. Copy of the J-1 exchange visitor’s I-94
13. Copy of the J-1 exchange visitor’s visa
14. Copy of your marriage or birth certificate as proof of your relationship with the J-1, and of your eligibility for J-2 status.
15. Copy of both the front and back of your last EAD, if you were previously authorized to work.

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 employment authorization. Your employment authorization document (EAD) is acceptable proof of both your identity and your permission to work.

Social Security Number. Your employer will need a Social Security number, which you can obtain by applying with the Social Security Administration. Take your passport, your I-94 Departure Record, a copy of the J-1’s Form DS-2019, your DS-2019, and your EAD to an office of the Social Security Administration You cannot apply for a Social Security number until you obtain your EAD.

U.S. Income Tax Withholding. The earnings of J-2 dependents are subject to applicable federal, state, and local taxes and U.S. Social Security and unemployment tax withholding. Employers are required by law to withhold taxes and social security payments from your paychecks.

U.S. Income Tax Filing. By April 15 each year, you must file an income tax return (Form 1040NR) with the Internal Revenue Service (IRS). The return determines if you owe additional taxes or if you are entitled to a refund. IRS Publication 519, “US Tax Guide for Aliens” gives extension and detailed instructions about filing your income tax return.

Extending Employment Authorization. You can only apply for a new EAD if the J-1’s DS-2019 has been extended and/or if the EAD end date is shorter than the DS-2019 end date. The J-2 can apply for a new EAD authorization up to 180 days before the current EAD expires. The J-1 should work with their department 5-6 months prior to the DS-2019 end date to extend the program. After reapplying, it may take 3-5 months to receive the new EAD.