Dependent and Spouse Employment

Depending on his or her visa status, an international spouse of an international student, visitor, or employee may be able to seek employment.

Eligible for employment

Spouses in the following visa categories may be employed after receiving the appropriate authorization.

  • J-2 dependents (spouses of J-1 students and exchange visitors) are eligible for full- or part-time employment. J-2 dependents must file form I-765 with USCIS and receive the Employment Authorization Document (EAD) card before beginning employment. For information on application instructions, please see: Apply for J-2 Dependent Employment.
  • E-3 dependents (spouses of E-3 employees) are eligible for full or part time employment with an Employment Authorization Document Card (EAD). E-3 dependents must complete the form I-765 for E-3 dependent employment authorization.

Ineligible for employment

Spouses in the following visa categories may not be employed or engage in business under any circumstances.

  • F-2 dependents (spouses of F-1 students)
  • H-4 dependents (spouses of H-1B employees)
  • TD dependents (spouses of TN employees)

Apply for J-2 Dependent Employment

The U.S. Citizenship and Immigration Services (USCIS) may grant a J-2 dependent permission to accept employment in the United States.

Application process

After entering the United States, you can request for employment authorization (by mail) with USCIS.

  1. Collect the required application documents, listed below.
    Be sure to make photocopies of your entire application for your records.
  2. Mail all of the required documents to the appropriate USCIS Service Center.
    The address can be found in the I-765 Instructions. It is advisable to mail the application from a U.S. Post Office by “certified mail/return receipt requested."
  3. Wait for authorization.
    Do not accept employment until after you have received employment authorization from USCIS and have been issued an Employment Authorization Document (EAD). After USCIS has received the application, it may take three months or more to be approved.

Note: Authorized employment for individuals in J-2 status is limited to the dates documented by USCIS on the EAD and the end-date usually matches the expiration date on the DS-2019.

Application materials checklist

Include the following documents in your application.

  • Completed Form I-765
    Note: Always download and use the most recent I-765 directly from www.uscis.gov. Using an outdated form will result in your application being returned or rejected
  • Check or money order payable to the U.S. Department of Homeland Security in the amount listed for I-765 processing
    Note: If using a check for payment, name and address must be printed on the check. Temporary checks are not accepted.
  • Letter to USCIS explaining reason requesting employment authorization (View sample letter)
  • Copies of both J-1 and J-2 DS-2019s (Do not send the originals.)
  • Copy of J-2 visa stamp in passport
  • Copy of J-2's biographical page in passport
  • Copies of both J-1 and J-2's I-94 records (Do not send the originals)
  • Two U.S. passport-style photos, with your name and I-94 number printed on the back of each
    (Visit CVS or Walgreens to get new photos taken-- photos must be less than 6 months old)
  • Copy of Marriage Certificate
    Note: If the certificate is not in English, please provide a translation, either translated by yourself or by someone else. Include a statement to the effect that the person translating the document is fluent in both English and the language of the original certificate and that they certify that the translation is true and accurate.
  • Copies of any previously issued EAD cards (if re-applying for J-2 employment authorization)

J-2 Employment Frequently Asked Questions

1. How long may I work?

J-2 dependents with employment authorization may work until the date on the EAD card or until the J-1 principal visitor completes his or her program, whichever is earlier. J-2 dependents may apply to renew work authorization,as long as the J-1 visitor remains in status. If the J-1 receives an extension of stay, the J-2 dependent must re-apply for work authorization once the extension has been granted.

2. May I still work if the status of the J-1 ends?

If the J-1 visitor discontinues their program at Northwestern University or changes to another visa category, the work authorization for the J-2 dependent will be made invalid. Legal work authorization for J-2 dependents is always dependent on the status of the J-1 principal.

3. When should I renew my employment authorization document (EAD)?

It is recommended that you renew your EAD at least three months in advance of the expiration date of your current EAD due to the processing time at USCIS. If you are applying for a renewal of your EAD, you cannot work beyond the previously authorized date until you receive a new EAD. To prevent a gap in your employment, it is recommended that you apply as early as you can for the renewal of your EAD.

4. What is the process for renewal of my EAD?

J-2 dependents may apply to renew work authorization, as long as the J-1 visitor remains in status. If the J-1 receives an extension of stay, the J-2 dependent must re-apply for work authorization once the extension has been granted. The J-2 should follow the same process of application as they did for their initial application.

5. Can I work full-time?

Yes, J-2's who have a valid EAD can work full-time or part-time.

6. Where can I work?

Not limited.

7. Do I have to pay taxes?

Yes, J-2's are subject to social security taxes, federal income taxes and, where applicable, state and local income taxes. It is advised that you consult with a qualified tax consultant.

8. Do I need a social security number?

Yes, anyone who earns wages in the United States must have a social security number for taxpayer identification purposes. J-2's are not eligible to apply for a social security number until they have received their EAD.