Procedure for J-2 Visa Holders to Request Work Permission (2023)

FAQs

Can J-2 get work permit? ›

In most cases a J-2 Visa holder can seek employment. To work, a J-2 Visa holder must obtain an Employment Authorization Document from the Department of Homeland Security, U.S. Citizenship and Immigration Services. Money earned by a J-2 cannot be used to support the principal J-1 Visa holder.

In order to work while in J-2 status, one must apply for an Employment Authorization Document (EAD) from USCIS. Apply at least 3 months in advance of the anticipated employment start date, and USCIS processing times vary.

J-2 EAD Application Process. $410 application fee. You may pay the fee with a money order, personal check or cashier's check payable to Department of Homeland Security.

You should receive a decision within 90 days (30 days for initial Asylum applicants) from the receipt date on your Form I-765. In some cases, an EOIR- granted asylee will receive an EAD card valid for 2 years by mail within 7 to 10 days from the day the biometrics information is received.

J-2 work permits are obtained from the U.S. Citizenship and Immigration Service (USCIS) through an application process that takes an average of 3-5 months to process. Employment may not begin until the J-2 has received the work permit, called the Employment Authorization Document (EAD).

Employment Authorization Documents (J-2 work permits) are obtained from USCIS. Application processing takes an average of 3 months. Employment may not begin until the J-2 has received an Employment Authorization Document (EAD).

Processing Times

The USCIS may require up to 90 days to receive an Employment Authorization Document. You may not working without a valid EAD card.

The application process for obtaining a U.S. work permit (also called an employment authorization document or EAD) is fairly straightforward. You need to fill out a short form, attach the fee, photos, and documents proving you're eligible, and submit it to U.S. Citizenship and Immigration Services (USCIS).

You need the assistance of an experienced immigration lawyer with any Employment Authorization Document issues. The application process for an EAD is complex. There are many requirements and different immigration categories involved.

The J-2 visa is for a dependent spouse or an unmarried child who is under the age of 21. J-2 status enables dependents to stay in the United States during the J-1 visitor's program. J-1 visitors submit information about J-2 dependents during the J-1 application process.

Can J-2 Get SSN? ›

Can a J-2 get a Social Security Number/Card? J-2 dependents are not eligible for a Social Security card unless they have received an EAD from USCIS.

Employment. J-2 employment may be authorized by the U.S. Citizenship and Immigration Service for the duration of the J-1 principal's authorized stay as indicated on Form I-94 and Form DS-2019 or a period of four years, whichever is shorter.

You can generally request expedited processing by calling the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833) or by asking Emma after you have obtained a receipt notice. (You can access Emma by clicking on the Ask Emma icon on the top right of this page).

In general, a pending EAD application does not provide permission to work, so persons with a pending EAD application cannot work in the USA. The only exception to this rule is for F-1 Students who are STEM-OPT eligible.

The standard processing time for a work permit is 2 – 5 months. Immigrants who file for a work permit concurrently with their Green Card application typically fall on the longer side of that estimate, with most Green Card applicants receiving their Employment Authorization Document (EAD) in about 150 days.

If you applied for a work permit and a travel document, it takes about 8-12 months to receive them after filing the application. Next, you will have an interview at a local USCIS office.

J-2 visa holders must reside with the J-1 principal as true “dependents” during their stay in the USA. If the J-1 principal completes a program and leaves the USA permanently, the J-2 dependents must also depart the USA. The J-2 holder's immigration status is directly tied to the J-1 principal's immigration status.

Processing time at the USCIS is estimated to be 6-12 weeks. However, processing times vary widely depending on the time of year and the workload at the Service Center to which you send your application. You can check the USCIS website for current processing times.

From point of approval, USCIS says it can take 30 days beyond to receive your EAD card; however, most cards arrive within 7-10 days after approval. In total, it is likely for your OPT application to take 90-120 days. You may establish an account with USCIS (USCIS Account).

Can I work with I 765 approval notice? ›

What Does I-765 Approval Mean? If your Form I-765 is approved, you'll receive employment authorization. Your employment authorization allows you to work in the United States, even if your current visa isn't a worker visa.

It requires you to return home for at least two years after your exchange visitor program. This requirement is part of U.S. law, in the Immigration and Nationality Act, Section 212(e). If you cannot return home for two years, you must apply for a waiver.

If you are currently in J-1 or J-2 status and are subject to the two-year home country physical presence requirement, we will not be able to request a change of status on your behalf unless you have received a waiver of the two-year home residency requirement.

A short answer is No. Unfortunately, you can't apply for a work visa without a job offer. Your prospective employer must be willing to sponsor you for the visa and petition on your behalf.

Typically, individuals are legally authorized to work in a country if they are citizens of that country, or if they have other status that grants them permission to work. If you're currently legally permitted to work in the country, select Yes. Otherwise, select No.

Documents that Establish Both Identity and Employment Eligibility. U.S. Passport (unexpired) Permanent Resident Card or Alien Registration Receipt Card (Form I-551) An unexpired Foreign passport that contains a temporary I-551 stamp or temporary I-551 printed notation on a machine-readable immigrant visa.

$410. You may be exempt from paying the filing fee. See the form instructions for more information.

Working without legal authorization in the U.S. can result in a denial of your green card application. In some cases, it can even result in removal (deportation) proceedings.

The good news is that this is a relatively straightforward process, as with the initial application. First, you should ensure that you are still eligible for the EAD. If you are not eligible, then your application will not get processed and you will have wasted significant time.

Can a J-2 visa holder apply for green card? ›

In addition, J-2 visa holders are also eligible to apply for a Green Card. If the J-1 person gets a Green Card, you as their dependent get it too. However, you can also apply yourself based on family or employment reasons.

An individual's work authorization, or employment eligibility, refers to his or her legal right to work in the United States. U.S. citizens, born or naturalized, are always authorized to work in the United States, while foreign citizens may be authorized if they have an immigration status that allows them to work.

Generally, the United States Citizenship and Immigration Services' (USCIS) regulations require J-1 holders to work only for their program sponsors. In some situations, however, J-1 holders may work for non-sponsor employers provided they meet eligibility requirements, which vary depending on the applicable category.

Spouse and Dependent Filing Requirements

Spouses and dependents in J-2 immigration status, who are authorized to work, file Form 8843 and Form 1040-NR. Spouses and dependents who enter the U.S. in J-2 immigration status and are permitted to work, must pay into Social Security and Medicare.

In general: F and J student visa holders are considered resident aliens after five calendar years in the U.S.

J-1 Visa Rejection Rate

The J-1 rejection rate was 8% in 2021 and is, on average, around 10% over the last decade. For spouses and children of J-1 applicants, the rejection rate for the J-2 visa was 6% last year.

J-1 scholars are given a 30-day grace period at the end of the program. This means that you have until 30 days after your program end date to depart the U.S.

Those in the United States on J-1 visas are eligible to apply for a Green Card through employment based or family based immigration.In order to obtain a Green Card, the alienfirst needsto file an immigrant petition (I-140) with the USCIS and then either apply for an Adjustment of Status (AOS) petition if they are ...

Important Information about J-2 Status

At the end of the J-1 program, there is a 30-day grace period during which the J-1/J-2 may stay in the U.S. Once the J-1 leaves the U.S., the J-2 dependents must leave as well.

Sample Expedite Request Letter to USCIS for H4 EAD Faster Processing. I am writing this email to sincerely request to approve expedited review of my EAD case (bearing Receipt # XXXXXXXX) and approve it before my current EAD expires. This will enable us to support my medical needs.

Why is work permit taking so long? ›

The federal agency responsible for overseeing the country's legal immigration system faces an application backlog of 3.8 million worsened by the COVID-19 pandemic, according to an internal watchdog report. That has led to long delays for many of the immigration petitions they process, especially to issue work permits.

A denial of a request for expedited processing may be appealed to the Director of IPS within 30 calendar days of the date of the Department's letter denying the request. A decision in writing on the appeal will be issued within 10 calendar days of the receipt of the appeal.

In cases of death or divorce from the J-1, or when a J-2 child reaches age 21, the J-2 spouse or child may apply for a waiver from the State Department's Waiver Review Division.

Having an Employment Authorization Document (Form I-766/EAD) is one way to prove that you are authorized to work in the United States for a specific time period. To request an EAD, you must file Form I-765, Application for Employment Authorization.

If you are currently in J-1 or J-2 status and are subject to the two-year home country physical presence requirement, we will not be able to request a change of status on your behalf unless you have received a waiver of the two-year home residency requirement.

It requires you to return home for at least two years after your exchange visitor program. This requirement is part of U.S. law, in the Immigration and Nationality Act, Section 212(e). If you cannot return home for two years, you must apply for a waiver.

U.S. Department of State reviews the J-1 waiver application (4-6 weeks). U.S. Citizenship and Immigration Services reviews J-1 waiver application and issues final approval (at least 2-6 weeks). IMG must begin work within 90 days of receiving the approval from USCIS.

The Two-Year Home Residency Requirement – 212(e)

Any international visitor in any J status (including J-2 Dependents) may be subject to the Two-Year Home Residency Requirement, also called the Two-Year Home Country Physical Presence Requirement, or 212(e) after the federal regulation which discusses it.

You can open a company, but cannot work for it even without pay, unless you have your j2 EAD. Your spouse cannot work in any dorm or shape for the company, your spouse can be on the board and be passive investor and both of you can receive passive income form the investment.

Those in the United States on J-1 visas are eligible to apply for a Green Card through employment based or family based immigration.In order to obtain a Green Card, the alienfirst needsto file an immigrant petition (I-140) with the USCIS and then either apply for an Adjustment of Status (AOS) petition if they are ...