Preparation,  to-do-list,  Visa

New this round – spouse needs approval to work as well

Moving to Houston, Texas, in August 2018 is going to be exciting – but so far it is highly bureaucratic!

So – my husband is going to join us in Houston, Texas in December – choosing to stay home to work a bit longer on ongoing projects until then – but will work in Houston when he gets there – on projects that his work in Norway will still be paying him for.

What he needs, however, is apparently permission to keep working in the US for his Norwegian company where he works now – even though he is still going to be paid by Norway, pay taxes to Norway and for all purposes, still be a Norwegian employee. Furhtermore, he is also going to be on the J2 visa (my spouse visa – so he is able to legally be in the US for 8 months) but – he has to

  1. apply to be able to work remotely for his Norwegian employer – which means he has to get approval from USCIS: https://www.uscis.gov/i-765 

This is form I-765 – “Application for Employment Authorization” 

ELIGIBILITY DETERMINATION: For the USCIS to determine whether or not your spouse is elibible to get employment authorization, you have to identify the category that determines the eligibility and mark this on Item Number 20 on Form I-765.

For the spouse of a J1 Exchange Visitor (which I am – as a Visiting Scholar at a University in the US), this is CATEGORY 3 FOREIGN STUDENTS, section D: J-2 Spouse or Minor Child of an Exchange Visitor – (c)(5).

File Form I-765 with a copy of your J-1 (principal alien’s) Certificate of Eligibility for Exchange Visitor (J-1) Status (Form IAP-66). You must submit a written statement with any supporting evidence showing that your employment is not necessary to support the J-1 but is for other purposes.

I am working with Fulbright now to find out specifically what this means, where we have to file, and when – and if this can be combined with the upcoming Visa Interview in Oslo on June 4th 2018!

Leave a Reply

Your email address will not be published. Required fields are marked *