J-2 Dependents
Only legal spouses (as recognized by U.S. Immigration law) and children under the age of 21 are eligible for J-2 Dependent status.
J-2 Dependents may NOT:
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Work incident to their status
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Receive stipend or assistantship funds from LSUHSC-New Orleans without current work authorization
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"Volunteer" in positions normally occupied by paid workers without current work authorization
J-2 Dependents may:
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Attend school (K-12)
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Volunteer with community organizations and non-profits in traditional volunteer positions
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Apply for employment authorization directly to USCIS (Must complete Form I-765, a sample support letter can be found here.)
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Study full or part time in pursuit of a degree (College/University) or certification
For information about immigration options for unmarried partners & other family members who do not qualify as a spouse or child for J-2 purposes, click here.
Children Aging Out means the dependent child (J-2, F-2, H-4, etc.) is turning 21 years old while they are still in the United States/ is a dependent child within six months of their 21st birthday.
If so, the dependent must either travel & re-enter in OR apply for a change of status to a new category before their 21st birthday. It is recommended that the application for change of status be submitted (or entry documents obtained) at least 90 days before the dependent's 21st birthday.
Additional information about requesting a change of status can be found here. Form I-539 can be found here.
Please contact the Office of International Services for assistance if a change of a status will also require sponsorship by LSU HSC-NO (typically J-1, F-1 or H1B).
J-2 dependents may request work authorization during their stay directly from USCIS using Form I-765. The J-2 dependent must demonstrate that the income received from their employment is not necessary to meet the expenses of the J-1 principal and any J-2 dependents. (A sample expense/support letter may be found here.)
Form I-765 instructions advise which category number to use in Question #27 for J-2 dependents (Page 4 on Instructions issued 10/31/2022).
The application should include the following support documentation:
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Copies of all DS-2019 forms issued to the J-1 dependent AND J-2 applicant
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Copies of all previously issued EAD cards and receipt/approval notices (if applicable)
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Copy of J-2 applicant's passport ID page
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Copy of J-1 principal and J-2 applicant's current I-94 (front and back)
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Copy of J-2 applicant's U.S. J-2 entry visa (if applicable)
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Support letter (example above)
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Check made out to "Department of Homeland Security" for the required fee (Find in instructions on Page 23-fees can change at any time, always check this!!) The fee can also be paid by credit card.
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Two U.S. passport style photographs of J-2 applicant taken in the last 30 days (Only one digital photo is needed if filing online.)
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Name, DOB and SSN (if applicable) of J-2 applicant should be written on back of the photos
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If approved, USCIS will issue the J-2 dependent an Employment Authorization Document (Form I-766). The cards are usually valid for a one year period or the time remaining on the most current DS-2019, if a shorter period remains.
A J-2 dependent may continue working only if they have received their renewal EAD card! Working on any day that is not covered by the date ranges on either the initial or renewal EAD card(s) is a violation of J-2 status. Pay close attention to the dates on the EAD card(s)!
A receipt notice showing an application for renewal of the EAD card is NOT sufficient to permit a J-2 dependent to continue working past the expiration on their current EAD card. There is no grace period or special allowance for J-2 dependents who have not received a renewal EAD card prior to the expiration of their current card to continue working.
To ensure there are no gaps in work authorizations for J-2 dependents, it is advised that the J-1 principal (and their sponsoring department) request extension of DS-2019 forms at least 120 days in advance of the expiration of the current form. This will permit the J-2 dependent to timely file a request for renewal of work authorization at the 90 day mark.
Disclaimer: The content on these pages is designed for use by LSUHSC-New Orleans sponsored students, exchange visitors and employees. It is not intended to constitute legal advice and is not a substitute for legal counsel.