Your dependent (spouse or dependent children) are also allowed to work off-campus as long as he / she gets the authorization from the USCIS.
Employment Authorization for J2 dependent visa holder
In this section we will discuss the Academic Training (AT)
Definition
Eligibility
Restriction
Pre-completion AT v. Post-completion AT
How to obtain an Academic Training (AT)?
Tax and SSN
Travel
Definition
Academic Training (AT) is an employment authorization available for J1 visa holder, provided that the employment is integral to the applicant’s field of study. It can be obtain before the completion of your study or after the completion of your study.
The limit of Academic Training for pre-completion AT is 18 months or the time you have been a full time student, whichever shorter. The limit of post-completion AT is 18 months or the time you were a full time student, whichever shorter. If you are in a PhD program, upon graduation you may get up to 36 months AT if (post-doctoral training) if your academic advisor supervise your training.
Since you are a J1 visa holder, before you apply for an AT you need to get an approval from your Responsible Officer (RO), who issues your DS-2019 form and most likely is a representative from your sponsor (financial aid provider).
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Eligibility
You are eligible to apply for an AT if:
- You maintain your valid J-1 status (e.g. currently enroll as a full-time student)
- You perform well academically
- Your DS-2019 is still valid
- You intend to work in a field that is in accordance with your field of study (and degree)
- You must have an employment offer letter before completion of your study
- You have the approval from your Responsible Officer (RO) in writing
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Restriction
- You cannot apply for an AT within the 30-days grace period after the completion of your study. You should do it before the completion of your study.
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Pre-completion AT v. Post-completion AT
Pre-completion AT
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Under the pre-completion AT, during the regular semester you can only work part time (up to 20 hours per week). During the school vacation, you are allowed to work part time or full time (up to 40 hours per week).
Post-completion AT
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How to Obtain an Academic Training?
Submit the following documents to the issuer of your DS-2019 (which can be your International Student Office):
- Job offer letter from the potential employee
- Proof of funding for the new DS-2019 for the duration of your AT
- Support letter from the academic advisor showing that the training is in accordance with your field of study
- Administrative fee (you should contact your international student office regarding the current administrative fee)
If your application is approved, they will give you a letter of permission to work, which you can show your employer, and renew your DS-2019.
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Tax and SSN
As an international student you are not eligible for social security benefits. Therefore, you are not required to deduct the social security tax (FICA) from your paycheck while you are working under OPT. However, you should pay the Federal tax, State tax, and City tax. In order to do so, you need to have a Social Security Number.
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Travel
In the middle of your AT, you are eligible to travel out of the US given that you have:
- Valid DS-2019 signed by your RO (recertified DS-2019)
- Letter of permission to work from your sponsor
- Letter from your employer showing that you will continue to work after you are traveling out of the US
However, you are traveled at your own risk, which means, there is no guarantee that you will be able to re-enter the US.
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