J-2 and H-4 EAD Applications
J-2 and certain H-4 dependents are eligible to apply for work authorization. Permission to work is based on a valid Employment Authorization Document, known as an EAD. For the initial EAD, your dependent may only start working once they receive the EAD. The approval email or notice does not grant work authorization.
Eligibility.
- J-2 dependents who are at least 16 years of age are eligible to apply for an EAD.
- Only certain H-4s are eligible for to apply for an EAD. The H-1B employee must have an approved I-140 and must be subject to the green card backlog. Review the USCIS site on H-4 work authorization to check your dependent's eligibility.
In order to submit an application for an EAD, the dependent will need the following documents:
Form I-765 https://www.uscis.gov/i-765
- USCIS is currently only accepting paper applications for J-2 and H-4 EADs. See the USCIS website for the list of types of EADs that are available for filing online.
- For paper applications, find the current edition of the form on the USCIS website
- H-4 EAD applications filed with the H-1B petition will be adjudicated quicker than if filed separately.
Application Fee
- See the USCIS website for the current application fee and how to pay.
Supporting Documents
- 2 recent, identical passport style photos (with name and I-94 number written lightly in pencil on back of each)
- Primary's (J-1 or H-1B) immigration documents (copies): passport biographic page, visa stamp, I-94 electronic record, and DS-2019 (J-1) or I-797A (H-1B)
- Dependent's (J-2 or H-4) immigration documents (copies): passport biographic page, visa stamp, I-94 electronic record, and DS-2019 (J-2) or I-797A (H-4)
- Prior EADs (copies), if applicable
- Marriage certificate (English translation, if necessary)
J-2 Specific - Funding
- J-1 funds: Caltech/JPL appointment letter or external funding letter
- Household expense letter to demonstrate that J-1 funds are sufficient to support your household
H-4 Specific - Proof of Eligibility
- Approved I-140 or proof of other eligibility
- Current month's visa bulletin showing backlog for I-140 category
Employment Dates. Your dependent will be eligible to work only during the validity dates on the EAD.
Extensions.
- J-2 EADs are not eligible for the 180-day extension of work authorization based on a pending application for an extension.
- H-4 EADs are eligible for the 180-day extension of work authorizaiton based on a pending application for an extension.
EAD Required. Dependents are required to have a valid EAD whenever they are employed or conducting employment activities that would normally be paid while physically present in the United States. This applies for both U.S. and foreign employers, regardless of where the payment is received.
EAD Expiration Date. The M-274 Handbook for Employers instructs employers that they cannot "refuse to accept a document or refuse to hire an individual because their document has a future expiration date."
Filing Tips. Your dependent should save a copy for their records. Send the application to USCIS with delivery confirmation.
Process. Once USCIS receives the application, your dependent will receive an I-797 receipt notice. Review the receipt notice and contact USCIS if there are any errors on the receipt. If USCIS has any questions about the application, they will issue a Request for Evidence (RFE). Your spouse must reply to the RFE by the response date or the application will be abandoned.
Processing Times. Review current USCIS processing times on the USCIS website. Your dependent can sign up for a USCIS account in order to receive updates from USCIS.
USPS Mail Delivery. Your dependent can sign up for Informed Delivery by USPS and digitally preview mail.
Change of Address. If you plan to move while the EAD application is pending, your dependent should update their address with both USCIS and USPS.