J2 Spouses and older dependents can apply to gain work authorization.

Sagamore does not assist with these applications, but we’ve put together a comprehensive list of resources to assist you throughout the process. You must mail in the application; dependents of exchange teachers are not eligible to apply online. Once you mail the application along with the $520 non-refundable fee, it can take up to 8 months for the application to be processed. Do not expect to rely on a spouse’s income when they arrive. This application cannot be submitted until the J-2 has arrived in the U.S. Do not expect J2’s to be able to work as soon as they arrive, this is a lengthy process that you need to be prepared for. Also, after sending the application, the United States Citizenship and Immigration Services (USCIS) may send you a letter requesting more documentation. Make sure you send in any additional documentation in a timely fashion. **PLEASE Print and submit ALL of the pages, even the blank ones. In the video you may hear that you don’t need to submit all of the pages, but you do!

To apply for EAD work authorization, you will need to complete the following forms (linked below):

You will also need to have the following documents:

  • J1 and J2 passport photocopies
  • J1 and J2 DS2019 photocopies- signed and stamped
  • Copy of both J1 and J2 I-94’s
  • Passport style photo of J2
  • Copy of J1 Pay Stubs
  • If J2 is spouse of J1, you will need a copy of your marriage license (translated in English)
  • If J2 is child of J1, you will need copy of J2’s birth certificate (translated in English)
See tabs below for more details on each item

When filling out the I-765 Application there are several important things to remember.

  1. Don’t forget to sign the form! Any unsigned forms will be automatically returned to you.
  2. Complete the entire form
  3. If you handwrite your answers, use black ink. Make sure all you answers are neat, legible, and fit within the provided spaces
  4. Do not use highlighters or correction tape-scanners cannot read information that is greyed out, highlighted, or corrected using correction liquid/tape
  5. If you make an error, start over with a new form
  6. If you are filing multiple forms, write your name, date of birth, and A-number (if any) exactly the same way on each form
  7. Pay the correct fee
  8. Send single-side copies of all documents – no double sided

Here are instructions for the application

The G-1145 is an e-Notification form that allows you to receive notifications about your application via email. Fill out the bottom of the form with the applicant (J2) full name and phone number and email address.

The G-1450 is the credit card processing form to pay the $520 fee to apply for the EAD if filing a paper application. This is the easiest way to pay this fee. Make sure the credit card you use can be processed in the USA. Fill out the credit card information on the form and make sure the billing address is the address on file for the card. 

The support letter is to show that the J2 is not seeking employment to support the J1 financially. Here is a template that you can use. Make sure to enter the appropriate information in the highlighted sections. UNHIGHLIGHT the sections BEFORE you send the application. Remember to have both J1 and J2 sign the letter.

The Cover Letter should be the first thing in the packet that you mail. It is very similar to the support letter but includes a summary of what you are sending in. Make sure to fill in all the highlighted sections with your information and then unhighlight them before printing. Also make sure to check the address of the location you are mailing it to on the support letter. It will be different depending on what state you are in. Those living in Indiana can leave it as is because you will mail yours to the Chicago location.

You need to provide photocopies of both the J1 and the J2s passports and DS2019s. 

For the passports you need to copy the photo page in a manor where all the information is legible and the photo of the individual is clear. 

For the DS2019s, these need to be copies of both pages of the DS2019 and it needs to be a copy of the signed and stamped version of the document. Make sure the whole document is legible in the copy. 

Print out copies of both J1 and J2 I-94s. These were emailed to you when you arrived or you can get access them online here . Make sure you click on “Get most recent I-94”.

Make sure the copies are clear and legible.

Include two (2) passport photographs of the J-2 Dependent, size 2” x 2”

To show documented proof of the relationship between the J1 and J2, you will need to provide a copy of either the marriage certificate (if J2 is J1’s spouse) or the birth certificate (if J2 is J1’s child). 

If the document is not in English, you need to have an English translation along with the copy of the original. 

Make sure all the information is legible on the copy.

Include the 2 most recent pay stubs of the J1. This is to show that the J1 makes sufficient money to live on. Make sure the pay stub has the J1’s name and dates on it. If you need help with knowing where to find/ access your pay stubs, talk to your school HR or principal. 

Instructions for Mailing I-765 Application

   Here are the instructions – you must follow carefully – this is NOT LEGAL ADVICE. This is only a suggestion based on information available on the internet and past experience

  1. BUY a BIG ENVELOPE (9×12) buy at the post office or office supply store – on the outside of the envelope write: ORIGINAL SUBMISSION  Form I-765 and the address which is based on the state you live in: please see this chart for the address for where you live.
  2. Fill out and print the cover letter.
  3. Print out the application and write in black ink only; fill in information: remember to put SEVIS number from DS 2019 and I 94 number and passport number on the application; use code c (5) in #27 on page
  4. Print out the I -94 for both J-1 and J-2 that was emailed to you when you arrived.
  5. Fill out Support Letter template
  6. Make PHOTOCOPIES(never mail originals!!) and put in envelope: copy of BOTH J-1 and J-2 passports and BOTH J-1 and J-2 DS 2019s
  7. This is the pile of paper inside the envelope (be very careful!): USE PAPERCLIP
      • 2 small passport pictures of the J-2
      • Cover Letter
      • Payment paper (G-1450) – print the attached and fill in your 16 digit debit or credit card info (anything with the VISA or Mastercard logo on it) and sign it OR instead, get a MONEY ORDER from the US POST OFFICE for $1.83 but you must take $550.00 CASH to the Post office
      • E-notice paper – print it and fill in (G-1145)
      • Application pages
      • I 94’s
      • Passport photocopies (2)
      • Stamped DS 2019 photocopy
      • support letter
  8. Take to Post Office and ask to mail say “PRIORITY MAIL PLEASE”

AFTER YOU MAIL THESE FORMS, you will get a text saying that it was received. You will also receive a document in the mail that tells you how to set up an ONLINE account to check the status of your application. You will need to set up the online account using the code in the letter at this website: https://myaccount.uscis.gov/users/sign_up

 

This is a long process, plan for up to eight months of time for the application to be fully processed and approved.

After Submission of 765

You will receive (2) letters in response to your submission of the I-765. Each document will say across the top (in large bold letters): “This notice does not grant any immigration status or benefit” Both letters will say “Form I-797C, Notice of Action” in the top right corner. The first letter is instructions for creating your ONLINE USCIS Account. Carefully follow the instructions that say “to access your account, please follow the steps below”. We recommend you create the online account as it allows you to see the progress on your application and you can upload any additional documents requested there. The second letter is the official receipt. It will have a receipt number on it in the top left. Keep this letter in case you need to refer to your case later.

There are two results that can happen after you submit the application.

  1. Approval
    • You will receive an EAD card in the mail that proves the J2 is eligible to work in the USA.
    • Be mindful of the dates listed on the EAD card. If you wish to work after those dates you will have to reapply for authorization.
      • the EAD card is valid for up to 5 years
  2. Additional Evidence Requested
    • If you receive a yellow (color) letter it will say the words: REQUEST FOR EVIDENCE in large bold letters in the middle. This letter will require follow-up action. This letter is received when a document is forgotten in the application or more evidence is required. If you receive this letter, carefully follow the directions and mail to the office address listed on the last page. Remember to photocopy the letter to keep for your records and then put the original letter on top of any papers that you are sending in to support your original application.  You can also upload the additional evidence online once you create an Online USCIS Account. You do not need to mark any of the boxes on the cover page (unless you move address between when you mailed the application and when you mail the additional evidence).

Renewal of EAD

If your EAD card expires while you are still in the U.S. you will need to apply for a renewal. Below is the guidlines from the State Department on when to file for a renewal.

“If you wish to renew an existing Employment Authorization Document (EAD), you should file Form I-765 within 6 months of the expiration date on your current EAD. We recommend you do not file a request to renew your EAD more than 180 days before the expiration of your EAD. We generally do not backdate or postdate the renewal EAD in relation to your current EAD’s validity period.”

The process for applying for a EAD renewal is almost the same as the initial application. On question 1 of the application, make sure to choose the answer that says you are applying for a renewal. Please start this at least 6 months before the EAD  is set to expire as it can take a long time to process. The other difference is with all of the supporting documents, make sure to include a copy of your current EAD card.