Employment for J-2 dependents
J-2 dependents are eligible to apply to USCIS for employment authorization so long as the employment is not for the purpose of supporting the J-1:
"Income from the spouse's or dependent's employment may be used to support the family's customary recreational and cultural activities and related travel, among other things. Employment will not be authorized if this income is needed to support the J-1 principal alien."
J-2 dependents can apply for an Employment Authorization Document (EAD) from USCIS in order to be employed in the United States. The J-2 may begin employment only after receiving the EAD from USCIS.
Application procedure for J-2 dependents
- Form I-765
- Form I-765 filing fee
- 2 U.S. sized passport photos. Photos must have been taken no more than 30 days before filing the form
- Copy of the current DS-2019 of the J-2;
- Copy of the current DS-2019 of the J-1;
- Copies of Forms I-94 of both the J-1 and J-2;
- Letter from the J-2 stating why the employment is desired, indicating the source and amount of support for the principal participant, and specifically stating that the income derived from employment will not be used for the support of the J-1 exchange visitor. A J-2 does not need to demonstrate financial need to receive employment authorization.
Click here for the current mailing address to send the application.
Employment for H-4 dependents
H-4 dependent spouses of H-1B nonimmigrants are eligible to apply for an EAD under this rule only if their H-1B spouse:
- Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or
- Has been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000, as amended (That Act permits certain H-1B nonimmigrants seeking lawful permanent residence to work and remain in the United States beyond the six-year limit on their H-1B status).
Application procedure for H-4 dependents
- Form I-765
- Submit a copy of your current Form I-797 approval notice for Form I-539 or Form
- I-94 showing your admission as an H-4 nonimmigrant or your most recent approved extension of staySubmit a copy of the marriage certificate for you and the principal H-1B nonimmigrant. If you cannot submit a copy of your current Form I-797, Form I-94, or marriage certificate, USCIS will consider secondary evidence.
Basis for Work Authorization. Acceptable documentation includes:
Approved Form I-140. Submit evidence that the H-1B principal is the beneficiary of an approved Immigrant Petition for Alien Worker (FormI-140). You may show this by submitting a copy of the H-1B principal's Form I-797 approval notice for Form I-140; or
H-1B Principal Received AC21 106(a) and (b) Extension. Submit evidence that the principal H-1B nonimmigrant has been admitted or granted an extension of stay under AC21 106(a) and (b). You may show this by submitting copies of the H-1B principal’s passports, prior Forms I-94, and current and prior Forms I-797 for Form I-129. In addition, please submit evidence to establish one of the following bases for the H-1B extension of stay:
Based on Filing of a Permanent Labor Certification Application. Submit evidence that the H-1B principal is the beneficiary of a Permanent Labor Certification Application that was filed at least 365 days prior to the date the period of admission authorized under AC21 106(a) and (b) takes effect. You may show this by submitting a copy of a print out from the Department of Labor's (DOL's) Web site or other correspondence from DOL showing the status of the H-1B principal's Permanent Labor Certification Application. If DOL certified the Permanent Labor Certification, you must also submit a copy of Form I-797 Notice of Receipt for Form I-140 establishing that the Form I-140 was filed within 180 days of DOL certifying the Permanent Labor Certification; orBased on a Pending Form I-140. If the preference category sought for the principal H-1B spouse does not require a Permanent Labor Certification Application with DOL, submit evidence that the H-1B principal’s Form I-140 was filed at least 365 days prior to the date the period of admission authorized under AC21 106(a) and (b) takes effect. You may show this by submitting a copy of the Form I-797
Notice of Receipt for Form I-140.- Secondary Evidence. If you do not have the evidence listed in 1, 2, or 3 above, you may ask USCIS to consider other evidence ("secondary evidence") in support of your application for employment authorization as an H-4 spouse. For example, in establishing the Basis for Employment Authorization as described in 3a and 3b, you may submit the receipt number of the H-1B principal's most current Form I-129 extension of stay or the receipt number of the H-1B principal's approved Form I-140 petition.
Click here for the current mailing address to send the application.