Can J-2 Dependents Apply for EAD During a Government Shutdown?

J-2 spouses and children can keep working toward their plans despite a federal spending lapse. As the government shutdown that began on October 1, 2025 continues, USCIS processing for J-2 EAD applications remains in place because USCIS is primarily funded by application fees and continues operations during shutdowns. That means J-2 dependents of J-1 exchange visitors can still file and receive decisions on Employment Authorization Document requests.

The Department of Labor’s immigration functions are affected by a shutdown, but those do not control J-2 work permission, which is adjudicated only by USCIS. In plain terms: J-2 dependents can apply now, and USCIS will keep working on their cases even while other parts of the government slow or stop.

Why this matters for families

The difference matters for families who rely on a second income to cover everyday costs that are separate from the J-1’s program funding. The core rule for J-2 work permission hasn’t changed:

• The J-1 principal must show they have enough money to support themselves.
• The J-2’s earnings cannot be used to support the J-1’s basic living needs.

USCIS grants work authorization through the EAD card after it approves a Form I-765, Application for Employment Authorization application. The card is normally valid for up to one year or until the J-1’s program end date listed on the DS-2019, whichever comes first. During the current shutdown, that standard remains in place, and J-2 dependents can continue to file the same way they did before October 1.

Which agencies are affected — and why J-2 EADs are different

The scope of the shutdown’s impact is uneven across agencies:

• The Department of Labor stops or limits certain immigration services during a funding lapse (e.g., LCAs and PERM).
• Those processes do not touch J-2 EAD cases.

Work permission for J-2 dependents is a USCIS function. USCIS continues to accept, review, and decide these applications without interruption. According to analysis by VisaVerge.com, this separation between agencies is the main reason J-2 dependents should not see a shutdown-related freeze on their EAD filings.

Families in the United States 🇺🇸 who rely on the J-2’s lawful ability to work can keep their plans on track.

How to file (core steps)

For those preparing to file now, the core steps remain familiar. A J-2 dependent files Form I-765, Application for Employment Authorization with USCIS. The filing must include proof of valid J-2 status, proof the J-1 principal is in valid status, and standard supporting items.

Typical contents of a filing:

• A completed Form I-765, Application for Employment Authorization USCIS form and filing page
• The J-2’s DS-2019 and the J-1 principal’s DS-2019
• The J-2’s I-94 record and the J-1’s I-94 record
• Passport-style photos that meet the standard photo rules
• A short letter from the J-2 explaining the purpose of employment and confirming that earnings will not be used to support the J-1 principal’s basic needs

The letter should focus on the J-2’s own needs and goals—such as covering personal expenses, gaining experience, or taking part in community life—rather than supporting the J-1’s basic living costs.

If approved, USCIS issues an EAD card that allows the J-2 to work in any job in the U.S. for the authorized period. Once the card arrives, the J-2 can request a Social Security Number to work and pay taxes legally.

Timing, validity, and practical tips

The steady nature of USCIS processing for J-2 dependents during a shutdown is especially important because some J-1 programs are short and EAD validity cannot exceed the J-1’s DS-2019 end date. Every month can matter.

Key reminders:

• The EAD validity remains up to one year or until the J-1’s DS-2019 end date, whichever is earlier.
• Filing earlier rather than later helps align approval with the J-1’s program schedule.
• USCIS continues to accept new filings during the shutdown — waiting provides no benefit and may waste time.

Practical filing best practices:

• Keep packets clear and complete to avoid Requests for Evidence (RFEs).
• Include neat, organized copies of all documents.
• Watch the DS-2019 end date closely when deciding when to file.

What the Department of Labor slowdown does — and does not — affect

While the Department of Labor’s slowed functions affect other visa categories (e.g., H-1B LCAs, PERM), they do not apply to J-2 employment cases:

• An employer hiring a J-2 dependent does not need a Labor Condition Application.
• A family relying on temporary income from a J-2 spouse does not need a PERM.

This separation helps shield J-2 families from many shutdown effects that hit other employment-based immigration paths.

Common questions answered

• Can a J-2 file Form I-765 from inside the U.S. during the shutdown?
  • Yes. USCIS continues to accept new filings.
• Do J-2 earnings need special documentation during a shutdown?
  • No. The requirement is unchanged: explain the purpose of employment and confirm it is not for supporting the J-1’s basic needs.
• Will the EAD validity change because of the shutdown?
  • No. It remains up to one year or until the J-1’s DS-2019 end date, whichever is earlier.
• Can a J-2 hold more than one job or switch employers after approval?
  • Yes. The EAD is not tied to a single employer; a J-2 can change jobs or hold multiple roles within the EAD’s validity.

For those already in process

There is no special action required due to the shutdown. Cases filed before or after October 1, 2025 continue through USCIS processing. If USCIS needs more information, it will issue an RFE, and applicants should respond with the requested documents. The adjudication standards are unchanged.

After approval:

• The J-2 can take the EAD card to apply for a Social Security Number.
• Keep copies of I-94s, DS-2019s, the EAD card, and USCIS notices for records and future filings.

Why sponsors and institutions care

Schools, research labs, hospitals, and other program sponsors benefit when J-2 spouses can lawfully work:

• Helps families settle and reduces stress
• Improves retention for the J-1 principal
• Reduces disruption during a funding lapse because USCIS continues to process these filings

Final checklist and resources

Before filing, confirm:

1. J-2 is in valid status.
2. J-1 remains in valid status.
3. J-1 has adequate funds to support themselves without relying on the J-2’s earnings.
4. Include the correct Form I-765 edition and complete evidence — see USCIS I-765, Application for Employment Authorization.

The important bottom line: you can apply for an EAD now, and USCIS will keep working on your case. Keep your filing clean and complete, include the right documents, and watch your program dates. The Department of Labor’s shutdown limits do not affect this pathway — the authority to grant J-2 work permission sits with USCIS, and that door remains open.