General
Legal dependents (spouse and children) of international students or
employees in F-1, J-1, TN or H-1B non-immigrant status may enter the US as F-2,
J-2, TD or H-4 visa holders. Their stay in the US is completely dependent on
that of the principal alien. If the J-1 exchange visitor withdraws from school
or the H-1B holder leaves his or her employment at Dartmouth College and leaves
the US, the J-2 or H-4 dependent must leave as well. If the F-1 student leaves
the country for an extended vacation term, the F-2 must leave as well.
Similarly, if the TN leaves the country, the TD must as well. The following
information may help to clarify some of the liabilities and responsibilities
associated with a dependent visa status.
Procedure for Bringing Family Members to the US as J-2 Status Holders
Studying:
Spouses: F-2 dependent spouses are not allowed to participate in full time
or part time study in a degree program, or in taking courses toward the
completion of a degree program. J-2 dependent spouses may still engage in
part-time or full-time study, however the Department of State is reviewing this
regulation, and this will probably change sometime in 2003. A J-2 may accept
financial support in exchange for work or an assistantship, but only after
applying for and receiving an employment authorization card from the US
Citizenship and Immigration Services (CIS) (Please see below for work
authorization application procedures for J-2's). If a dependent is accepted
into a full-time program of study, the International Office strongly recommends
applying for a change of status to an appropriate student visa such as F-1 or
J-1.
Children: F-2 and J-2 children may attend elementary and secondary
school.
Dependents in J-2 status may apply for employment authorization from CIS.
The required forms and instructions can be obtained at the International
Office. The authorization will need to be renewed by application each year, and
the wages earned must not be used to support the J-1 principal in any way. The
J-2 may not commence employment until he or she has received the employment
authorization card from the CIS. This can take up to three months or more. Once
the card is received, the J-2 must apply for a social security number. The
International Office has social security card applications available.
Employment Regulations for J-2 Dependents
Dependents in J-2 status may apply for employment authorization from CIS.
The required forms and instructions can be obtained at the International
Office. The authorization will need to be renewed by application each year, and
the wages earned must not be used to support the J-1 principal in any way. The
J-2 may not commence employment until he or she has received the employment
authorization card from the CIS. This can take up to three months or more. Once
the card is received, the J-2 must apply for a social security number. The
International Office has social security card applications available.
How to apply for J-2 Employment Authorization
The dependents of J-1 Exchange Visitors who have entered the United States
in J-2 visa status are eligible to apply to the US Citizenship &
Immigration Services (CIS) for Employment Authorization by mail. There is NO
personal or "walk-in" application procedure for J-2 Employment Authorization.
ALL items listed below comprise a complete application for Employment
Authorization
Please follow the step-by-step instructions below:
1. Fill out Form I-765 - Application for employment authorization (available
at the International Office, or online at: http://www.uscis.gov/files/form/I-765.pdf Please
note the US CIS filing fee is $340.00.
Although some answers to questions are obvious, we have found that the
following questions are puzzling or should be answered in a particular way. You
should enter the following information for these questions:
- Question 9- if you have a Social Security number please enter it here. If
you DO NOT have a Social Security number, enter "NONE". You may apply for
a SS# after you receive your work card.
- Question 10- the Alien registration number (A-number) is issued to those
who have applied for Permanent Residence OR are renewing their Employment
Authorization. If you have such a number, enter it here. If you do NOT have
such a number, enter "NONE". You should enter your I-94 number instead (this
number is found on the small white card which is stapled into your passport by
the immigration inspector upon your entry into the U.S.)
- Question 12- "Date of last entry" (meaning your MOST RECENT entry into the
U.S.) will be found on your I-94 card.
- Question 14- Enter "J-2 Exchange Visitor dependent"
- Question 15- Enter "J-2 Exchange Visitor dependent"
- Question 16- Enter: "(C) (5) "--ignore the last set of parentheses
2. Attach the Fee of $340 for processing form I-765. Personal checks are
acceptable. Make the check payable to: "U.S. Department of Homeland
Security".
3. Enclose a photocopy of both the J-1's (principal
alien's) Certificate of Eligibility for Exchange Visitor (J-1) Status (Form
DS-2019), and the DS-2019 form belonging to the J-2 applicant. Also
submit photocopies of both the J-1 and J-2’s passport photo
pages, J-1 and J-2’s visa stamps (in passport) and the front and back of
both I-94 cards
4. Enclose 2 photographs. Effective September 1, 2004, these (2)
photographs must be done in the “passport” style, facing the camera directly.
Any other style (i.e. side facial view) will not be accepted! There
are two local photograph shops on Main Street in Hanover who can take these
photographs for you. Make sure that you get a small envelope with your
photographs so that when you mail them, they do not get lost or damaged.
Print your name LIGHTLY IN PENCIL on the back of each photograph. Staple
the envelope containing the pictures on the front page of form I-765.
5. Enclose photocopy of passport ID page (DO NOT send your Passport!).
Include only the pages containing the expiration date of your passport
and the photo.
6. Enclose a cover letter stating something along the lines of the
following:
“To whom it may concern: I am applying for employment
authorization as a J-2 dependent. My husband (or wife) is currently in J-1 visa
status as a student (or scholar) and has sufficient funds for his (or her)
support. Any income from my employment will NOT be used to support the J-1. I
will use this income for purposes of cultural enrichment and
recreation.”
You may elaborate on what types of cultural or recreational activities you
wish to pursue (although it is not required). Also add a statement that you
have included the previously mentioned documents.
NOTE: If you have been previously issued an Employment Authorization
Document (EAD), make sure that you make a photocopy of that document and
include it with your application.
7.Mail all documents by certified mail with a return receipt, or by express
mail.
This is more expensive than regular mail, but it is your only way of being
sure that they received your application.
You should mail the application to:
U.S. Department of Homeland Security
Vermont Service Center
75 Lower Welden St.
St. Albans, Vermont 05479
Please note that you are NOT permitted to work until you receive your EAD
work card. USCIS has stated that they expect to be able to process your
work permit in approximately 60 to 90 days. You will need to bring a copy
of the work card to the international office for your file
Travel:
If traveling outside and re-entering the U.S, the dependents need to ensure
that they have valid passports appropriate, valid dependent visas, and the
proper forms (F-2: I-20 form, J-2: DS-2019 form, and H-4: the I-797 H-1B
Approval Notice). The I-20 form held by the dependent must have a travel
signature on the form that is no older than 6 to 9 months or within a year on
the DS-2019. The H-4 dependent should have the original Notice of Approval for
the principle's H-1B status, Form I-797.
Please Note:
- If the principal and or dependents will be traveling to Canada, Mexico, or
the adjacent islands (ie: Caribbean islands) for a visit of less than 30 days,
and their visas have expired, they will be allowed to re-enter the U.S. using
those expired visas due to a process called Automatic Revalidation. Please
contact the International Office for more information on this.
- Your U.S. visa will not be valid to let you enter Canada. Citizens of
certain countries are required to have a visa to enter Canada, while others are
not. Please go to this website to determine if you need a Canadian visa to
visit Canada:
Dependent Orientation
Please visit the following website pages we have created to help
international spouses and children adjust to the U.S., and the Dartmouth
community. Please contact the International Office if you have any questions.
We are eager to help!
Unfortunately, due to staffing shortages, the International Office does not
currently offer a formal dependent orientation program. Please explore the
following links for more information that may prove helpful to your family once
they arrive in the US.
Town of Hanover, NH
Schools: Hanover, NH and Norwich, VT Public Schools:
Medical Facilities:
Nearby Towns:
Real Estate
Agencies
English as a Second Language courses: Rassias Foundation
Libraries:
Local Insurance
Companies
Local
Restaurants
Local Travel
Agencies
Local
churches and synagogues
Local
Childcare Agencies
Local Banks
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