J-2 Employment Authorization Application
Work Card Fee is going up on November 23, 2010!!!
The fee for J-2 Employment Authorization for all applications received by the immigration service ON or BEFORE November 22, 2010 is $340. For all applications received ON or AFTER November 23, 2010, the fee is $380.
What It Is:
J-2 dependents may apply for work authorization through the U.S. Citizenship and Immigration Service. You will receive a work card also called an EAD (Employment Authorization Document). It may take 3 months to receive this card in the mail after you apply. Once you get the card, you may use it to work for any employer in the U.S. for any amount of hours from the start date to the end date listed on the card. You will have to apply for a renewal of the work card at least 3 months before the end date of your first work card in order to maintain continuous work authorization.
Requirement:
It is a requirement for J-2 work authorization that the J-1 primary visa holder can demonstrate that there is enough money to support the family without needing the potential income of the J-2. In this packet we include a sample letter to show you how to address this issue.
How to Apply
To apply for your Employment Authorization Document (EAD), you need to mail in the following documents to the immigration service.
If the address you list on your I-765 is in New York State, then mail your application to one of these two addresses in Dallas, Texas:**
For U.S. Postal Service deliveries:
USCIS
PO Box 660867
Dallas, TX 75266
For Express Mail and courier service deliveries (FedEx, UPS, etc):
USCIS
Attn: AOS
2501 S. State Hwy. 121
Business Suite 400
Lewisville, TX 75067
** If the address you included in your I-765 is NOT in New York State, please contact an advisor at the ISSO about where to send your application.
- Form I-765 (Please note that the "signature card" mentioned in the instructions is no longer required).
- A photocopy of your and the J-1 visitor's valid DS-2019s
- A photocopy of both sides of your and the J-1 visitor’s I-94 card
- A copy of the ID photo page of your passport and of your J-2 visa page
- A copy of the ID photo page of your J-1 spouse’s passport ID page and J-1 visa page
- A copy of your marriage certificate, translated in to English
- A photocopy of your previous EAD, if applicable
- Two passport photographs (see attached sample). Print your name and I-94 card # in pencil on the back of each photo, and put the photos in an envelope and attach it to the front of the I-765.
- FEE: The fee is currently $340. This fee will go up to $380 on November 23, 2010. Checks may be made payable to the Department of Homeland Security. You may send a money order or a personal check drawn on a U.S. bank, NO CASH. Attach to the front of the I-765.
- A letter (see the sample) requesting the employment authorization. The letter should state why you want to work and that income from your earnings will not be used to support the J-1 Exchange Visitor. Detail the J-1 Exchange Visitor’s financial support. Include a short budget.
Staple all above documents together and send by certified mail with a return receipt or federal express. After mailing inthe documents, you will receive a notice (Form I-797) stating you need to wait for 60 to 90 days to receive your EAD. With the receipt notice, you can check your case status on line at http://uscis.gov. In general, it takes about 3 months to get your card.
Employment Authorization Extension for J-2 Dependents
To be able to continue to work, you need to apply for an extension of your work permission at least three months before it expires. If your work permission expires at the same time as the J-1 visitor's program, the J-1 visa holder should apply for program extension before the extension of your employment authorization.
How to Apply
To apply for extension, you need to follow the same procedures as the first time you applied.
The New EAD:
When you receive the new EAD, you should show it to your employer so your Form I-9 (Employment Eligibility Verification) can be updated. For non-academic positions at Cornell the papers should be taken to your hiring department. For academic positions at Cornell, the papers should be taken to the ISSO, B-50 Caldwell Hall.
Note:
If Cornell is not your visa program sponsor: J-1 visa holders whose visa sponsor is not Cornell University (i.e., the form DS-2019 was issued by USAID, Fulbright, or another sponsor, but NOT Cornell) must be sure to obtain the new form DS-2019 from their sponsor well in advance of the 60 day limit. Please make sure you receive the extension form from your sponsor in time!
Tax
J-2 dependents are subject to Social Security taxes, federal income taxes, and where applicable, state income taxes. (see IRS publication 519, United States Tax Guide for Aliens.).