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Who can work in the United States?
How to apply for J-2 Employment Authorization
What to expect after you submit your application for J-2 Employment Authorization
Changes of Status
What you need to know about Travel
Information for Partners
Frequently Asked Questions for J-2 and F-2 dependents
Who can work in the United States?
The Exchange Visitor Program was set up to promote interchange and mutual enrichment for the Researchers, Professors and Students involved in the Program and to "foster the exchange of ideas between Americans and foreign nationals and to stimulate international collaborative teaching and research efforts." Spouses of J-1 Exchange Visitors have the opportunity of benefiting from their time in the United States by applying for employment authorization that will allow them to work for the purposes of cultural enrichment and recreation. The income is not to be used for purposes of supporting the principal J-1 Exchange Visitor. Only dependents of J-1 Exchange Visitors, who hold valid J-2 status, are eligible to apply for work authorization. This authorization will allow J-2 dependents to be employed in the United States as long as the principal J-1 Exchange Visitor is maintaining valid J-1 status.
Dependents of F-1 students or H-1 specialty occupation visa holders
are NOT eligible to apply for this employment authorization. Alternatives
to paid employment will have to be found in order to pursue career
related interests, such as volunteer work. Talk to the Advisor to
Families for more information.
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How to apply for J-2
Employment Authorization
The dependents of J-1 Exchange Visitors who have
entered the United States in J-2 visa status are eligible to apply
to the USCIS for Employment Authorization. This employment
authorization is valid for any type of employment and even several
jobs at the same time. If, for example, you find two part-time
jobs, the authorization would cover both jobs. The authorization
is generally valid for one year, which means that you are required
to renew your employment authorization every year, as long as your
husband/wife is still maintaining J-1 status. If your spouse's
DS-2019 will expire, you will have to wait for the extension of the
DS-2019 before you can renew the employment authorization. Sometimes
this means having your spouse's DS-2019 extended well before the
expiration of your current employment authorization. If your
spouse changes his or her status to another classification, such
as H-1 or F-1, you will have to change your status to H-4 or F-2,
respectively and therefore, stop employment once the change of status
becomes effective. Even
though you still may have a valid Employment Authorization Document
(EAD), you cannot work unless your spouse holds J-1 status.
J-2 Employment Authorization is applied for by mail. There is NO personal or "walk-in" application procedure for J-2 Employment Authorization. ALL items listed below comprise a complete application for Employment Authorization.
Please follow the step-by-step instructions below:
1. Fill out Form
I-765 - Application for employment authorization. Click on the form for a downloadable version in Adobe Acrobat.
Although some answers to questions are obvious, we have found that the following questions are puzzling or should be answered in a particular way. You should enter the following information for these questions:
Question 9- if you have a Social Security number please enter it here, If you DO NOT have a Social Security number, enter "NONE"
Question 10- the Alien registration number (A-number) is issued to those who have applied for Permanent Residence OR are renewing their Employment Authorization.
- If you have such a number, enter it here.
- If you do NOT have such a number, enter the number from your I-94 card.
Question 12- "Date of last entry" (meaning your MOST RECENT entry into the U.S.) will be found on your I-94 card. This is the small white card, which is stapled into your passport by USCIS upon your entry into the U.S.
Question 14- Enter "J-2 Exchange Visitor dependent"
Question 15- Enter "J-2 Exchange Visitor dependent"
Question 16- Enter: "(C) (5) "--ignore the last set of parentheses
Please note: DON'T FORGET TO SIGN THE FORM!
2. Attach the Fee for processing form I-765.
Please check the USCIS website for the latest fee information.
Make the check payable to the Department of
Homeland Security. For updates, please check the USCIS website
by clicking on "Forms" on the uscis.gov main page.
3. Enclose a photocopy, back and front, of your
I-94card:
The I-94 card is the small white card that was stapled in your passport by the USCIS inspector when you entered the United States.
4. Enclose a photocopy of J-1's (principal alien's)
Certificate of Eligibility for Exchange Visitor (J-1) Status (Form
DS-2019).
5. Enclose a photocopy of J-2's (dependent)
Certificate of Eligibility for Exchange visitor Status (Form DS-2019).
6. Enclose 2 photographs:
These photos can by taken at the Overseas
Resource Center at Bechtel International Center or at any other
place that takes good passport photos. ( downloadable
PDF of USCIS' photo requirements)
Print your name LIGHTLY IN PENCIL on the back of each photograph. Staple the envelope containing the pictures on the front page of form I-765.
7. Enclose a photocopy of your passport:
Do NOT send your Passport! Include only the pages containing the expiration date of your passport and the photo.
8. A copy of your marriage certificate:
Note: if it is not in English, it will have to be translated. You can do this yourself, or have someone do it for you. Either way, include a statement to the effect that the person translating the document is fluent in both English and the other language and that they certify that the translation is true and accurate. Click here to see how the translation should be formatted.
9. Enclose a cover letter:
This letter should state something along the lines of the following: "I am applying for employment authorization as a J-2 dependent. My husband (or wife) is currently in J-1 visa status as a student (or scholar) and has sufficient funds for his (or her) support. Any income from my employment will NOT be used to support the J-1. I will use this income for purposes of cultural enrichment and recreation." You may elaborate on what types of cultural or recreational activities you wish to pursue (although it is not required). Also add a statement that you have included the previously mentioned documents.
NOTE: If you have been previously issued an Employment Authorization Document (EAD), make sure that you make a photocopy of that document and include it with your application.
10. Mail all documents to the USCIS Service
Center by "certified
mail with a return receipt." This is more expensive than regular
mail, but it is your only way of being sure that they received
your application.
I-765 filing address for those that live
in CA is:
USCIS
California Service Center
P.O. Box 10765
Laguna Niguel, CA 92607-1076
Or for private courier (non-USPS) deliveries to the California
Service Center:
USCIS
California Service Center
24000 Avila Road
2nd Floor, Room 2312
Laguna Niguel, CA 92677
Keep in mind that you are NOT permitted to work
until you receive the EAD card. See the section on "What
to expect after you submit your application for J-2 Employment
Authorization." USCIS has stated that they expect to be able
to process your work permit in 60 to 80 days, though it currently
takes more than 90 days. If you have not received your EAD card within
90 days after the "received" date listed on the Notice of Action,
you may request an interim EAD card from the local USCIS office.
See the FAQ on "Interim EAD."
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What to expect after
you submit your application for J-2 Employment Authorization
The first thing you should receive from the USCIS is a receipt, also called a "Notice of Action" letter. It contains some valuable information. In the upper left hand corner is the receipt number. You need this number if you want to contact the USCIS to find out the status of your case. Also in the left hand corner are two dates, the "Received date" is the date that the USCIS physically received your application. The "Notice date" is the date they issue the receipt. The dates can be the same, but it’s quite common to see a large gap in between these two dates. This can make a difference to your application.
Now, in order to contact the USCIS, you will have to call the National
Customer Services at 1-800-375-5283. It’s almost impossible
to get through to anyone during the day, so it is recommended you
call "after
hours," either
late in the evening or early in the morning. You will be connected
to an automated system and be required to enter the 13-character
receipt number. The automated system won’t be able to
give you too much information and will probably give you an unrealistic
processing time, but it is at least comforting to know that the USCIS
has your application.
If for some reason you do not receive a receipt, you may still be able to find
out the status of your application. Contact your bank and find out
first if your check was cashed. If it was, you can ask for a copy of
the check. The USCIS writes the receipt number on the front of the
check and you can find it out that way. If your check has not been cashed,
your application is most likely lost in the sea of applications USCIS receives
everyday and you should probably prepare a new application. You won’t
be able to get the fee back, unless USCIS never cashes it.
Ideally, you’ll receive your EAD in the mail within 90 days. If however you don’t receive it by the 90th day after the "Receive Date" on the receipt, you can apply for an "Interim" EAD at the local USCIS office in San Jose. A big gap between the "Received date" and the "Notice date" can make a difference as to when you can obtain an Interim EAD.
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Changes of Status
Changing status within the U.S. is a lengthy process that currently takes over a year to complete. The faster and more efficient way to change status is to leave the United States and re-enter in another non-immigrant status. Most changes of status applications are filed on form I-539 along with the appropriate documentation.
Other changes of status require form I-129, but
these types of changes are related to an offer of employment and
need to be handled by the employer. As a spouse, you may have entered
the U.S. to study as an F-1 student at an institution, but now need
or want to change your status to a be a dependent of your spouse,
who is currently in J-1 or F-1 status here at Stanford. In this case,
the International Center would prepare the necessary document (an
I-20 in the case of an F-1 student or DS-2019 in the case of a J-1
student or scholar). You would have two choices as to how to go about
changing your status from an F-1 student. You could prepare the form
I-539 and submit it, along with the necessary materials to the USCIS
(please see below for complete instructions on how to do this). Alternatively,
you could leave the U.S., apply at the U.S. Consulate in your home
country for an F-2 or J-2 entry visa and re-enter the U.S. as a dependent
of your spouse. The latter choice is the fastest and most efficient
way to change your status.
Other changes of status need to be discussed with I-Center staff or a Stanford Department, if it involves being affiliated with Stanford University. The I-Center cannot provide advice to spouses who wish to pursue a degree with or work for an institution other than Stanford. In that case, the institution with which you will be, or wish to be, affiliated should be contacted.
Changing Status within the U.S. - a guide
to changing to F-2/J-2 status
The advantage of changing status within the U.S.
is that you will be able to remain in the U.S. while waiting for
the approval of the application. The USCIS has stated that the current
application processing time for the I-539 is between 45-60 days,
but we feel strongly that it will take longer than two months. You
should NOT travel outside the U.S. while the application is pending
at the USCIS. If there is any possibility that you will travel, you
MUST consult with an immigration attorney.
If you have a California address the following
documents should be mailed to the USCIS California Service Center:
1) Original I-20, signed by the student. Remember to send both student and school pages to the USCIS (do not forget to fill out the section on "Dependent Spouse and Children." on page 4 of the I-20). If the student's I-20 does not mention you as a dependent, a new I-20 will have to be created by the International Center. You will have to pick up an I-20 request form at the I-Center. Once you have submitted the completed request, it will take about 5 days to issue a new "original" I-20. Please don't forget to sign item #11 of the new I-20.
2) Include two photocopies of the new I-20 (photocopy
front and back of both pages).
3) Photocopy (front and back) of I-94 card (showing your current status), and photocopy (front and back) of I-94 card of F-1 visa holder.
4) Completed I-539 form.
5) Check for fee as noted in I-539 form instructions
made payable to the USCIS.
6) Photocopies of passport pages showing visa and name, photo, birth date, expiration date of passport, etc.
7) Photocopies of any other documents showing current status. For example, include all I-797 documents if you are in H-1 status.
8) Proof of funding (bank statements, etc).
9) Write a brief cover letter stating that you are including the aforementioned documents necessary for consideration of your request to change status. In this letter you should also mention your current address where any future correspondence will be received.
Mail these documents by CERTIFIED MAIL WITH RETURN RECEIPT. Photocopy all the above documents before mailing them.
Once the USCIS has received your application,
you should receive a Notice of Action letter within 2-3 weeks of
having sent your application. The Notice of Action
letter will also contain the "WAC#" which is the receipt number issued
by the USCIS. This 10-digit number will be handwritten on your cancelled
check (for processing form I-539).
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What you need to know
about Travel
All persons seeking to enter the U.S. are required to obtain an
entry visa at one of the U.S. Consulates worldwide before being able
to enter the U.S. The only exception to this is citizens of Canada
do not need visa stamps to enter the United States from Canada. However,
spouses of students or scholars do need to show their form DS-2019/I-20
at the port of entry and receive an I-94 card marked "F-2 D/S" or "J-2
D/S." If
you have questions about travelling outside the U.S., please see
the section on "Frequently asked questions" as
your question may be answered there.
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Information for Partners
Stanford students, scholars and researchers who wish to bring partners to the U.S. face visa issues if these partners are not spouses or dependent children. The Bechtel International Center can only issue documents to spouses and dependent children of F-1 and J-1 students and scholars. The Immigration Laws of the U.S. do not permit issuance of J-2 or F-2 visas to partners. Options for partners include coming to the U.S. as a visitor, on a visitor's visa, or on a visa waiver from eligible countries. These visas are temporary in nature and do not permit work of any kind. The International Center is not involved in the issuance of documentation to obtain these visas. You would need to contact the U.S. Consulate in your country.
It is also possible for partners to obtain their own study or work visa. For example they could enroll in a school full time or they could, if they are eligible, apply for an H-1 visa. However, if the partner will not be studying or working at Stanford the International Center cannot provide advice on obtaining these visas. To obtain an H-1 visa you must first have a job offer; to obtain an F-1 or J-1 student visa you must first be accepted into a school.
Some partners do come to the U.S. as visitors and then try to change to another visa once they are here. Once again, our ability to advise in these matters is very limited unless the partner is either going to be studying or working at Stanford. H-1B visas are applied for only by the company that offers the job and F-1/J-1 documentation is provided only by the school that admits the partner.
This can be frustrating to Stanford students and scholars. However we feel it is important to clarify, as early as possible, our role and the issues involved.
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Frequently Asked Questions for J-2 and F-2 dependents
Q) I am a J-2 or F-2 dependent. How do I extend my status?
A) Your status is extended automatically when your spouse gets an extension of his/her DS-2019/I-20. For those with J-2 Employment Authorization, be advised that this authorization must be extended/renewed by submitting an application directly to the Immigration Service and that extension of the DS-2019 is not enough to engage in valid employment. See the section on "How to apply for J-2 Employment Authorization."
Q) I am a J-2 or F-2 dependent and I wish to travel outside the U.S. without my spouse. What do I need in order to re-enter the United States?
A) You need a valid DS-2019/I-20 that will
allow you to enter the U.S. separately from your spouse, as well
as a valid entry visa. If your entry visa has expired, you will
have to obtain a new one at the U.S. Consulate in your home country.
Canadians do not need visa stamps but do need to show
a passport to enter the United States from Canada.
A J-2 dependent who wishes to travel outside
the U.S. for a temporary visit and to re-enter the country follows
the same procedures as a J-1 principal participant. Proper documentation
to re-enter the U.S. includes:
· A valid passport and visa (unless
exempt from visa requirements)
· A current DS-2019 issued for the purpose of permitting the immediate family to enter the U.S. separately.
An F-2 dependent who wishes to travel outside the U.S. for a temporary visit and to re-enter the country follows the same procedures as a principal F-1 student. Proper documentation to re-enter the U.S. includes:
· A valid passport and visa (unless
exempt from visa requirements)
· A current I-20 issued for the purpose of permitting the immediate family to enter the U.S. separately.
Only the principal F-1 holder can request an I-20 for his/her dependents. Please have the F-1 holder inquire on the second floor of the I-Center.
Q) My I-94 card says "D/S." What does this mean?
A) This stands for Duration of Status, which means that you are allowed to stay in the country as long as your spouse has a valid DS-2019/I-20 and is still pursuing the program objectives of his/her visa status.
Q) I have an DS-2019/I-20 for travel
(dependent document). Do I need to get a signature (endorsement)
on the back of it before I travel?
A) An I-20/DS-2019 can be endorsed by an Advisor
at the International Center.
Q) I have an DS-2019/I-20 for travel (dependent document). Do I still need an entry visa to enter the United States after I travel?
A) Yes, you need a valid entry visa to enter
the U.S., unless you have traveled to Canada or Mexico for less
than thirty days. If this is the case, you may re-enter the United
States without renewing your entry visa. Canadians do not need
visa stamps, but must show a passport to enter the
U.S. from Canada. Spouses of scholars or students do need to
show a valid DS-2019/I-20 at the port of entry to re-enter the
U.S. in valid J-2 or F-2 status.
Q) How do I get a Social Security Number?
A) J-2 dependents are eligible to hold a Social
Security Number (SSN) only after they have received an Employment
Authorization Document (EAD) from the USCIS. For more information
go here.
F-2 dependents are not eligible to hold a Social Security Number, but can apply for an Individual Taxpayer Identification Number for tax purposes. You can find information on this on the IRS web site.
Q) My girlfriend/boyfriend wants to come to Stanford. What are her/his options in terms of immigration status?
A) See section on "Information
for Partners"
Q) As a dependent of a J-1 Exchange Visitor or an F-1 student, am I required to obtain health insurance?
A)Yes, dependents need to be covered by health insurance as well as the principal J-1 Exchange Visitor or F-1 student. Health insurance for J-2 dependents must meet the same requirements set out by the U.S. Department of State. Insurance for dependents is expensive, but it is also necessary.
Q) I am a J-2 dependent who has applied for employment authorization. I would like to know what resources there are for looking for a job.
A)Check out the site below for resources for looking for a job:
This site has resources for finding a job or go to the Resource Library for Families located on the first floor of the International Center.
Q) I need to renew my employment authorization, how do I go about it?
A) The process for extending or renewing employment
authorization is much the same as the initial request. See the
section on "How to apply for J-2 Employment
Authorization." Please note that the process of renewing
the EAD takes just as long as the initial card. In order to avoid
interruptions in J-2 employment authorization, it is important
to file the Form I-765 for extension of employment authorization
sufficiently in advance so that the extension application is
approved before the expiration of the current grant of authorization.
J-2 employment authorization expires with the expiration of the
EAD, and the mere filing of an application for new authorization
does not permit employment during the adjudication process. If
the current EAD has expired, the J-2 must cease employment until
receiving the new EAD.
Q) When should I renew my employment
authorization?
A) You should apply to renew your employment
authorization at least 90 days prior to the expiration of your
current EAD, but it is highly recommended that you submit your
application 90 days ahead of time, the earliest it is allowed.
Even in the scenario that your previous EAD was processed in
a shorter period of time, NEVER assume that it will be the same
in the future, because processing times have a considerable amount
of variance.
Q) My husband/wife is subject to the two-year home country physical presence requirement. Does that mean I am too?
A ) J-2 dependent spouse and children are subject to the two-year
home rule requirement if the principal J-1 holder is subject
to the requirement. In order to waive that requirement, the principal
J-1 holder would need to receive a waiver of this requirement.
The International Center cannot advise J-1 holders on how to
obtain a waiver of this requirement. For more information, please
go to here.
Q) My husband/wife is changing from J-1 to H-1 classification. I have a valid EAD as a J-2 spouse; will I be able to continue working after my husband/wife has changed status?
A) No, you will not be able to work after
your husband/wife has changed his/her status from J-1 to H-1
even if your EAD is still valid. Since your status is dependent
on your husband's/wife's, you will also need to change your status
to H-4 and will therefore no longer be eligible for work authorization.
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