Applying for Work Permits as a Dependent of a Student

Applying for Work Permits as a Dependent of a Student

International students pursuing education in the United States often have dependents accompanying them, such as spouses or children. These dependents may wish to work while in the country to supplement their income or gain work experience. In such cases, dependents must obtain a work permit, known as an Employment Authorization Document (EAD), from the United States Citizenship and Immigration Services (USCIS).

Eligibility Requirements

To be eligible for a work permit as a dependent of a student, the applicant must meet the following requirements:

• Be the spouse, child, or unmarried child under 21 years of age of an F-1, M-1, or J-1 student who is in valid status and maintaining their student visa.
• Have a Form I-20 or Form DS-2019 issued by the student's educational institution.
• Be physically present in the United States with the student.
• Not be engaged in full-time study.

Types of Work Permits

There are two types of work permits available to dependents of students:

• On-Campus Employment: This permit allows dependents to work on campus at the educational institution where their student is enrolled.
• Off-Campus Employment: This permit allows dependents to work off campus, either full-time or part-time.

Application Process

To apply for a work permit as a dependent of a student, the applicant must follow these steps:

1. Gather Required Documents:

   • Form I-765, Application for Employment Authorization
   • Form I-20 or Form DS-2019 issued by the student's educational institution
   • Copy of the student's passport and visa
   • Copy of the applicant's passport and visa
   • Two passport-sized photographs

2. File Form I-765:

   • Complete Form I-765 and sign it in the presence of a notary public.
   • Attach the required documents.
   • Mail the application to the USCIS lockbox address provided on the form.

3. Pay Filing Fee:

   • The filing fee for Form I-765 is $410.
   • Payment must be made by check or money order payable to "U.S. Department of Homeland Security."

4. Biometrics Appointment:

   • After the application is received, USCIS may schedule the applicant for a biometrics appointment.
   • At the appointment, the applicant will provide fingerprints and a photograph.

Processing Time

The processing time for work permit applications varies depending on the workload of USCIS. The average processing time is around 2-3 months. Applicants can check the status of their application online using their case number.

Restrictions and Limitations

• Work permits for dependents of students are typically valid for the same period as the student's visa.
• Dependents can only work while their student is maintaining valid status.
• Dependents cannot work more than 20 hours per week during the academic year.
• Dependents cannot work full-time during school breaks or after completing their studies.

Renewal and Extensions

Work permits for dependents of students can be renewed or extended if the student's visa is extended or renewed. To apply for renewal, the applicant must file Form I-765 again and submit the required documents.

Additional Considerations

• Dependents of students may also be eligible for a Social Security Number (SSN) to facilitate employment.
• Dependents should ensure that they comply with all work authorization requirements, such as maintaining their student status and not exceeding the allowed work hours.
• Failure to comply with the regulations can result in the revocation of the work permit and other penalties.

Conclusion

Applying for a work permit as a dependent of a student allows eligible dependents to contribute to their household income and gain valuable work experience in the United States. By carefully following the application process, meeting the eligibility requirements, and adhering to the restrictions and limitations, dependents can obtain work authorization and pursue their employment goals while their student continues their studies.