WHO MAY APPLY?
J-2 dependents, the spouse or child of a J-1, may apply to the U.S.Department of Homeland Security's Citizenship and Immigration Services (CIS) for permission to accept employment. CIS usually grants employment authorization, if the application is complete when they receive it.
HOW DO I APPLY?
The following items must be collected, prepared, and sent to the CIS:
A completed and signed form I-765, and I-765 signature card (please make sure that your signature stays within the lines). These CIS forms can be obtained from the International Office or directly from CIS at their web page by clicking here. Please refer to the specific instructions for form I-765 below.
Item #3 Correct and Current Address: CIS will not forward the EAD to an address other than the one listed in item #3. If you are planning to move to a new address, you might want to wait until you have the new information before submitting the application to CIS. If you move after submission of the I-765 application, it is your responsibility to contact CIS and advise them of your address change. This petition for work authorization is a personal petition. The International Office cannot take responsibility for notifying CIS of your address change. You must contact CIS directly.
Item #10. Alien Registration Number (A-Number) or I-94 Number: You normally have an A number only if you are extending your work authorization document. In this case the A number is found in the upper left corner of your current work authorization document. If you do not currently have a work authorization document, enter your I-94 number in this item. The I-94 number is the 11 digit number located on the upper left corner of your I-94 form. The I-94 form is a white card issued to you when you enter the US and is usually stapled inside your passport.
Item #11. Have you ever applied for employment authorization from CIS? Answer "Yes" to this question if you have ever been granted permission to work in the US. If you are unsure about whether you have ever obtained permission to work in the US, consult the International Office for assistance.
Item #12 Date of last entry into the US: Enter the date of your MOST RECENT entry into the US. This date is usually stamped on your I-94 form.
Item #13 Place of last entry into the US: Provide the name of the city where you entered the US during your MOST RECENT arrival. This name is usually stamped on your I-94 form.
Item #14 Manner of Last entry into the US: Provide the purpose for which you came to the US the last time you entered the country. If your last entry was as a J-2, write " J-2 dependent." If you entered in a different visa category and have obtained a change of visa status to J-2 since your last entry, consult the International Office if you are not sure what to write in this blank.
Item #15 Current Immigration Status: Write "J-2 dependent."
Item #16 Eligibility under 8 CFR 274a. 12: Write (C) (5) ( ). Note that the last set of parentheses is left blank.
- A letter addressed to CIS from the applicant indicating the reasons why work authorization is requested. The letter should truthfully state that the income from the employment is not needed for the support of the J-1 principal and J-2 dependents. Reasons for applying for employment authorization vary and may include but are not limited to: educational and cultural activities for the J-2 spouse and children; additional money for travel in the US; or the J-2 dependent's desire to be more involved in US work, business, and cultural activities.
- Two photographs that meet CIS specifications with your name written in pencil on the back of each photo. See the attached photo specifications form.
A photocopy of the J-1 principal's current Form DS-2019.
- A photocopy of both sides of the J-1 principal's I-94 form, the white card stapled in the passport.
- A photocopy of both sides of the I-94 of the J-2 who is requesting work authorization.
- A check or money order for $340.00 made payable to the U.S. Department of Homeland Security. Money orders can be obtained from area post offices, banks, and some convenience stores.
- A photocopy of your passport pages that contain the biographical information, as well as the expiration date. When ALL items have been collected and completed bring them to the International Office or send them directly to the CIS office in Mesquite, Texas (see the address below). If you choose to send them in yourself, we strongly recommend that your keep a photocopy of all items sent and that documents be mailed by certified mail with return receipt requested so that CIS must sign for delivery and confirm that they have received the application.
Citizen and Immigration Service
I-765 P.O. Box 851041
Mesquite, TX
75185-1041
If you wish to send this application by express you must use the United States Post express mail. Other couriers cannot deliver to a post office box.
PROCESSING PROCEDURES
The CIS has recently established new processing procedures for the issuance of Employment Authorization Document, Form I-766. We estimate it will take at least 3-4 months for the application to be processed by CIS. Once the CIS in Texas issues the card they usually mail it directly to you. Sometimes they require that you travel to the CIS office in Charlotte, NC, to pick it up. If you must drive to the CIS office in Charlotte you should be notified directly by the CIS when the card is available for you to pick up.
HOW LONG MAY I WORK?
A J-2 may work only until the date authorized on the Employment Authorization Document or until the J-1 completes his or her program and returns home, whichever comes first. A J-2 may not remain in the US after the J-1 leaves since the J-2 status is totally dependent on the J-1 status. If the J-1 changes to another status such as H-1B, the J-2 loses J-2 status and work permission ends. The H-4 spouse of an H-1B may not work.
MAY I EXTEND MY WORK AUTHORIZATION?
Yes. If the J-1 is still in status you can apply to extend your work authorization by repeating the application process described above and including a photocopy of the current Employment Authorization Document with the items you send to the CIS. Remember that it takes three to four months for extension approval. Be sure to apply early so as not to have a gap in employment authorization. If you are currently working at Duke, and your current EAD has expired, you are required to show your new EAD before continuing to work.
|