Yes, upon arriving in the United States, a dependent spouse holding a valid J-2 Visa can apply for work authorization through U.S. Citizenship and Immigration Services (USCIS). J-2 dependents are eligible to apply for the Employment Authorization Document (EAD) under the provisions of Category 274a.12. When applying, the key point to demonstrate is that the J-2 dependent spouse does not need to work to financially support the J-1 Visa participant.
Here are some important details:
Processing Time: USCIS processing times for work authorization applications vary significantly based on the region within the United States where the application is submitted. J-2 dependent spouses should anticipate at least a 60-day wait for employment authorization.
Application Process: Typically, the application is submitted using the I-765 form, along with the appropriate application fee and a statement of family expenses. The most up-to-date information on filing fees and submission locations for Form I-765 can be found on the USCIS website.
Family Expenses: The statement of family expenses may include customary recreational and cultural activities, as well as related travel.
Submission Documents: Both the I-94 record of the participant and the I-94 record of the family member applying for work permission should be included with the I-765 form.
Validity: If employment permission is granted, it is valid for any kind of employment, without limitations on full-time or part-time work. Work permission for a J-2 dependent expires at the same time as the authorized stay noted on the J-1 Visa holder’s Certificate of Eligibility.
Tax Considerations: Unlike J-1 participants, Social Security and federal unemployment taxes are deducted from the earnings of J-2 dependents. This is because their services are not performed “to carry out a purpose for which the individual was admitted.” Therefore, J-2 dependents are subject to Social Security and federal unemployment taxes, federal income taxes, and, where applicable, state and local income taxes.