Work Options for Students &
Dependents on J-1 & J-2 Visas
Marilyn Vogler, PhD
Immigration Advisor
Associate Director, IPS
Spring 2009
Employment Authorization –
Some Basics
Unauthorized work can get both the visa
holder and the employer in trouble.
 “Authorized” means the work documents
are in hand.
 Visa holders must follow multiple sets of
rules: Homeland Security, MTU, Career
Center, Graduate School, Employer, & J-1
sponsor.

This Presentation
I will discuss regulations applying to J-1
students and J-2 dependents.
 I will address only Homeland Security /
USCIS rules – not Career Center,
Graduate School, or External Sponsor
rules.
 I will not discuss consulting and other
regulations for J-1 Scholars.

Whose Paperwork It Is Matters …
The sponsor that created your DS-2019 continues
to “do the necessary” regarding your visa
records. Contact your sponsor to:
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Update address changes
Update employer / unemployment
Update visa status changes
Get travel signatures on your DS-2019
Request transfer of your SEVIS record if you
move to another institution
This sponsor may be Michigan Tech, but it may be
someone else, e.g., Fulbright.
On-Campus Employment

“On-Campus” means
◦ MTU cuts the check (MTU or sponsor money)
◦ Agency, e.g., Argonne, sets up contract through
MTU to pay student for co-op or internship
Does not require any authorization beyond
student status & normal employment forms
 20 hours / week when school is in session
 40 hours / week during breaks and vacation

On-Campus Employment
J-1 visa holders must get approval for oncampus employment from the
Immigration Advisor prior to beginning
work.
http://www.ips.mtu.edu/Forms/Immigration/Jstudent_employment_update.htm
Off-Campus Employment
Requires authorization from or through
International Programs & Services (IPS)
 Authorization is formal – shows up on
the student’s immigration papers (DS2019)
 Can be full- or part-time
 Off-campus means someone else cuts the
check

◦ Corporate, government, etc. employer
◦ Faculty with consulting business
Why work off-campus?
Try out employment in your major
Employer gets to know you – some only hire
from co-op pool
 Experience other areas of the US
 Earn extra $$s
 Looks good on your resumé
 Follow family while you finish up
 No courses that you need are being offered
 Unforeseen Severe Economic Hardship
 Etc.

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Types of Off-Campus Employment
For J-1 Students
◦ Academic Training
◦ Unforeseen Severe Economic Hardship
For J-2 Dependents
◦ Employment Authorization Document (EAD)
General Requirements –
Academic Training
Employment may be called “co-op,” “internship,”
“full-time,” etc.
 Must be related to student’s program.
 Student may not change employers

General Requirements –
EAD for J-2
May be in any field.
Must not be used to support the J-1.
Generally issued for 1 year at a time, but may be
renewed.
 Valid only as long as J-1 program is active
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Academic Training is a promised
benefit for which you can apply.
You can apply for jobs in your area
of study and tell the employer that
you ARE eligible to work in the
US—you just have to complete the
paperwork.
However, Economic Hardship
authorization is not guaranteed or
promised.
Do not tell an off-campus employer
you are authorized to work at a job
that is outside your major area of
study until you have your
authorizing DS-2019 in hand.
General Requirements –
“Unforeseen Severe Economic Hardship”
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Student must have been full-time student in
US at least one full academic year
Does not need to be related to student’s
program
20 hours per week during academic year
40 hours per week when school is not in
session: breaks, vacations, summer
Requires unexpected hardship
J-1, filed with IPS like CPT
General Requirements –
“Unforeseen Severe Economic Hardship”
To get student status you had to show
the ability to pay for your education and
support while in the United States.
 But …

◦ Financial need beyond the student's control
◦ Unforeseen at the time the student applied to
the school he or she is currently attending
◦ All other potential employment opportunities
have proven to be insufficient
General Requirements –
“Unforeseen Severe Economic Hardship”
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Examples include
“Loss of financial aid or on-campus employment
without fault on the part of the student,
Substantial fluctuations in the value of currency
or exchange rate,
Inordinate increases in tuition and/or living costs,
Unexpected changes in the financial condition of
the student's source of support,
Medical bills,
Other substantial and unexpected expenses."
Questions?
Is there a “bottom line?” … YES
You cannot, must not, MAY NOT work
off-campus without authorization from
the IPS Immigration Advisor
 Any employer that hires you without
authorization on your paperwork is
paying you illegally.
 Working illegally could jeopardize your
future status in the US.

How do I know if I’m “authorized”?
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Registering for co-op credits does NOT
mean you have employment authorization.
Sending off an I-765 application does NOT
mean you have employment authorization.
Work Authorization must be recorded on
your DS-2019 (page 1), or on an EAD card,
but …
You can apply for jobs in your area of study
and tell the employer that you ARE eligible
to work in the US—you just have to
complete the paperwork.
How Do I Get Work Authorization?
Check the IPS website: www.ips.mtu.edu
 Details vary, but in general …

◦ Initiate job hunt
◦ Gather necessary paperwork
◦ Contact IPS to make an appointment with the
immigration advisor
◦ J-1 EAD form on the web (new)
About Academic Training
Sponsor who issued DS-2019 approves –
doesn’t have to go to USCIS so there’s no
fee
 Available time differs with program
 Requires job offer in hand
 Requires letter of support from academic
advisor
 Student will receive new DS-2019

More About Academic Training

May requires processing through Career
Center
◦ Completion of paperwork
◦ Registration for Co-op credit(s) fall and spring

Can be done “same day” if Michigan Tech is
your sponsor
Economic Hardship Authorization
or EAD for J-2
Authorization is granted by USCIS.
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IPS assists with the application process.
Approval takes 1-1/2 to 3 months.
Having a job offer speeds up approval.
It costs the student $340 to apply.
Student must provide extensive
documentation showing unexpected nature of
the hardship.
Where to find information …
www.ips.mtu.edu
Roles in the Authorization Process
Student
 Academic Advisor (or J-1 Sponsor)
 Career Center
 IPS Immigration Advisor

What the student needs to do:
Meet with academic advisor to get her/his
approval or completion date
 Search for a job at the Career Center, the
job fair, on-line, etc.
 Remember, the job must be related to
your major unless you have an Economic
Hardship EAD, but …

Student’s tasks (continued)
Complete the required paperwork for the
Career Center and/or IPS – including
signatures
 Academic Training / Economic Hardship –
make an appointment to see the IPS
Immigration Advisor

Academic Advisor’s Role

S/he can help you decide
◦ Which job offer to take
◦ How to meet the Career Center report
requirements
◦ How long you should work
◦ What semester(s) would be best
Your academic advisor’s approval is
required for co-op, but …
 Your advisor’s approval is not required for
other off-campus employment.

Career Center Role
Employment search assistance
 Employability skills training

◦ Resumes, cover letters, mock interviews, etc.
Help with required paperwork
 Verify major-relatedness
 Collect student assignment materials
 Assign a grade (undergrad)

Your IPS Advisor will …
Review all the documents & paperwork
 Check to see if you’re eligible to work
 Issue the appropriate DS-2019 with work
authorization noted
 Assist with preparation and mailing of
applications (Economic Hardship/EAD)
 Helps track and follow-up on applications
sent to USCIS

Questions?
While you’re waiting for approval
card …

You may not start working until you
receive DS-2019 or EAD.
Check the date on your card when it arrives.

You may not start working until the start
date listed on the EAD card.
I received my EAD card!
Email your IPS Immigration Advisor (that’s
me
) with the date that it arrived
 Send a copy to the IPS office

Staying in Touch –
MTU Email
Current practice is that your MTU email
will remain active as long as you
use/check it regularly.
 Please check it at least weekly for IPS
updates.
 IF you have graduated, you may have your
MTU email forwarded to another address:
https://emailinfo.mtu.edu/docs/public/forw
ard/index.html

After Academic Training
Academic Training → 30 days to leave, begin
a new program, move to an H1-B etc.
H1-B → 10 days to leave or transfer to
new employer
Some students apply for and get a “green
card,” permanent residency.
Questions?
Where to find information …
www.ips.mtu.edu