Dependent & Other Status Holder Employment

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J-2 Dependent Employment

J-2 dependents may apply to the office of the U.S. Citizenship and Immigration Services (USCIS) for permission to accept employment. However, the income you receive must 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.

In order to obtain an Employment Authorization Document (EAD) for J-2 work permission, you must perform the following tasks:

  1. Go to ibearcatsglobal.uc.edu
  2. Login using the full services link.
  3. Find the "Work Permits for H-4 and J-2 Dependents” eForm in the “Biographical Information” section.
  4. Fill in the eForm.
  5. Make an appointment with UC International Services by calling 513-556-4278.

 

Bring the following materials with you to your appointment:

  • A letter stating why the employment is desired and that it is not necessary for the support of the J-1 principal;
  • Copy of J-1's passport (include photo page and date of expiration), J-1 visa, and I-94 card (front and back); 
  • Copy of J-2's passport (include photo page and date of expiration), J-2 visa, and I-94 card (front and back);
  • Copy of all DS-2019’s (front and back) issued to the J-1 and J-2;
  • Check for $410.00 made out to “The Department of Homeland Security”;
  • Two passport-style photos of J-2 dependent. 
  • Completed I-765 Form;
  • All EADs ever received (if this is a renewal of previously authorized work). 

Along with the Form I-765, you should submit a letter stating why you desire employment, the source and amount of support for the principal participant, and that the income derived from employment will not be used to support the J-1 exchange visitor. Financial need is not a criterion for employment authorization of a J-2 dependent. However, USCIS sometimes requires a budget or statement of estimated expenses to determine that you have adequate income.

If permission for employment is granted, an Employment Authorization Document (EAD) is issued and is valid for any kind of full-time or part-time employment authorization. This process could take up to 90 days. Please plan appropriately.

The EAD will be issued for one year or for the amount of time remaining on the J-1 visa holder’s DS-2019 (if less than one year). If you extension of stay is required in conjunction with extension of work authorization, the extension of stay notification must be filed prior to the extension of employment authorization. It is important to file the Form I-765 for continuation of employment authorization in a timely manner in order to preserve the J-2's right to work.

 

 

H-4 Spouse Employment

Certain H-4 dependent spouses of H-1Bs in the green card process are eligible to apply for an Employment Authorization Document (EAD). An H-4 spouse must be able to demonstrate ONE of the following:

  1. That the H-1B spouse has an approved Form I-140, Immigrant Petition for Alien Worker;
  2. That the H-1B spouse 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 by the 21st Century Department of Justice Appropriation Authorization Act.

Applications for employment authorization are made on Form I-765 filed with USCIS and accompanied by the appropriate fee. Along with the Form I-765 one should submit the documentation required of your H-4 immigration status. In order to obtain an Employment Authorization Document (EAD), you must perform the following tasks:

  1. Go to ibearcatsglobal.uc.edu
  2. Login using the full services link.
  3. Find the "Work Permits for H-4 and J-2 Dependents” eForm in the “Biographical Information” section.
  4. Fill in the eForm.
  5. Make an appointment with UC International Services by calling 513-556-4278.


Bring the following materials with you to your appointment:

  • A letter stating why the employment is desired and that it is not necessary for the support of the J-1 principal;
  • Copy of J-1's passport (include photo page and date of expiration), J-1 visa, and I-94 card (front and back); 
  • Copy of J-2's passport (include photo page and date of expiration), J-2 visa, and I-94 card (front and back);
  • Copy of all DS-2019’s (front and back) issued to the J-1 and J-2;
  • Check for $380.00 made out to “The Department of Homeland Security”;
  • Two passport-style photos of J-2 dependent. 
  • Completed I-765 Form;
  • All EADs ever received (if this is a renewal of previously authorized work). 

If permission for employment is granted, an Employment Authorization Document (EAD) is issued and is valid for any kind of full-time or part-time employment authorization. An H-4 work permit is issued for the validity period that matches the H-4 spouse's remaining authorized period of employment, which may be as much as three years.

If you want to renew a work permit, you must file for a new EAD prior to end date indicated on the initial EAD. If you do not, you must stop working until it is approved. H-4 spouses can file for an extension of the EAD as much as 6 months in advance, but a decision will not be made until the I-129 for the H-1B spouse has been approved. 


Other Status Holders

There are many other immigration statuses that allow for employment including those on Deferred Action or individuals who are in the process of applying for benefits like permanent residence, asylum or refugee status. Students or employees with valid work permits can be employed by UC.

If you have questions about this type of employment, please contact our office at 513-556-4278.