Does receiving an RFE mean my J-2 EAD will be denied?

No. An RFE just means USCIS needs more information. If you respond with complete, accurate evidence within the deadline, your application has a strong chance of approval. Most RFEs are resolved successfully when the applicant provides exactly what was requested.

How long do I have to respond to a J-2 EAD RFE?

You have a maximum of 84 calendar days (12 weeks) from the date on the RFE notice (8 CFR § 103.2(b)(8)). If the RFE was mailed domestically, add 3 days for a total of 87 days. Extensions are not permitted under any circumstances.

Can I work while my RFE response is being processed?

Only if you have a valid, unexpired EAD card. J-2 category (c)(5) does not qualify for automatic EAD extensions (8 CFR § 274a.12). If your EAD has expired, you must stop working until you receive a new approved EAD. For more, see the J-2 EAD FAQ.

How long does it take to get my J-2 EAD after responding to an RFE?

There is no guaranteed standard timeframe for how quickly USCIS will issue a decision after it receives an RFE response. Processing times vary. Check current wait times using the USCIS processing times tool for Form I-765 and your case type.

Can I expedite my J-2 EAD after receiving an RFE?

Premium processing is only available for certain Form I-765 categories (for example, certain F-1 OPT/STEM OPT filings). J-2 EAD applications under category (c)(5) are not listed among the eligible I-765 categories for premium processing. You can submit an expedite request based on USCIS expedite criteria (such as severe financial loss, emergency, or urgent humanitarian reasons), but expedite is discretionary. The most reliable path is a complete, timely RFE response.

Is a marriage certificate always required for a J-2 EAD?

It's listed in the I-765 instructions as required evidence for spousal J-2 applicants. Even if you weren't asked for it in a previous filing, USCIS may request it now. Always include it proactively to avoid an RFE.

What if my marriage certificate is in another language?

You must provide a certified English translation along with a copy of the original document. The translation should include a signed certification from the translator stating they are competent to translate and that the translation is accurate.

Can I submit a partial RFE response?

Technically yes, but USCIS treats a partial response as a request for a decision based on the existing record. This usually leads to a denial. Always submit a complete response with every requested document.

What if my J-1 spouse's program is ending soon?

This creates urgency because your J-2 EAD validity is tied to the J-1's program end date. If the program is ending before your RFE response would be processed, talk to the J-1 program sponsor about a possible program extension, and include evidence of the extension (or pending extension) in your RFE response. You should also check your J-2 EAD eligibility to understand your options.

What happens if my J-2 EAD application is denied after an RFE?

If denied, you'll receive a notice explaining the reason. There is no formal appeal for I-765 denials, but you can file a new application with a complete package addressing the issues. For a full breakdown of your options, see our J-2 EAD FAQ.

Published: Feb 22, 2026

J-2
I-765
Documents

J2 EAD RFE (Request for Evidence): How to Respond

Getting an RFE doesn't mean your J-2 EAD will be denied. Here's exactly what to do, what to send, and how to meet your deadline.

By Alicja

If you received a Request for Evidence (RFE) for your J-2 EAD application, take a breath. An RFE simply means USCIS needs more information before making a decision. It's not a denial. But you need to respond correctly and on time.

What is a J-2 EAD request for evidence?

A Request for Evidence (RFE) is a formal notice from USCIS asking you to submit additional documentation for your Form I-765 application (USCIS Policy Manual, Vol. 1, Part E, Ch. 6). USCIS sends an RFE when your application is missing something or when the evidence you submitted wasn't sufficient to approve your case.

For J-2 EAD applicants, RFEs are increasingly common. Stricter adjudication standards in 2025 and 2026 mean officers are requesting more documentation than in prior years, even for items that weren't historically required.

What makes J-2 EAD RFEs especially stressful: J-2 dependents filed under category (c)(5) are not listed among the eligibility categories that qualify for the automatic EAD extension while a timely filed EAD renewal is pending. That means an RFE-related delay could leave you unable to work if your current EAD expires before USCIS decides your renewal. Responding quickly and completely is critical.

The 5 most common J-2 EAD RFE reasons

These are the most frequent reasons J-2 EAD applicants receive RFEs, based on I-765 instructions and recent adjudication trends.

1. Marriage certificate or relationship proof

This is the most common RFE for J-2 EAD applications. USCIS wants proof that you are the spouse (or minor child) of the J-1 principal. Even if you didn't need to submit a marriage certificate for a previous application, USCIS may request it now.

What to submit: A copy of your marriage certificate (or birth certificate for minor children). If the document is not in English, include a certified English translation with a translator's certification statement.

2. J-1 principal status verification

USCIS needs evidence that your J-1 spouse or parent is currently maintaining valid J-1 status (I-765 Instructions, Category (c)(5)). This is a core eligibility requirement.

What to submit: A copy of the J-1 principal's current DS-2019 showing valid program dates, their I-94 record, and a letter from the J-1 program sponsor confirming current active status.

3. DS-2019 documentation issues

USCIS requires a copy of your Form DS-2019, and evidence that the J-1 principal is currently maintaining status. If USCIS cannot confirm status from what you filed, it may issue an RFE requesting additional DS-2019s or other status documentation.

What to submit: Complete copies of every DS-2019 ever issued to both you and the J-1 principal. If a DS-2019 has been lost, contact the program sponsor for a reprint.

4. Support letter deficiencies

J-2 EAD applications must include evidence that any income from this employment authorization will not be used to support the J-1 principal. If your original statement was vague, missing, or suggested the income is needed to support the J-1, USCIS may request a corrected version.

What to submit: A signed letter explicitly stating that your employment income is for your own support, career development, personal interests, or family recreational and cultural activities, and that it will not be used to support the J-1 exchange visitor. For more on how J-2 work authorization works, see our complete guide.

5. Photo specification failures

USCIS requires two identical, unmounted, unretouched passport-style photographs (2"x2") with a white or off-white background. Digitally altered or incorrectly sized photos trigger RFEs.

What to submit: Two new photos meeting USCIS specifications. Get them taken at a professional photo service to avoid issues.

How to respond to your J-2 EAD RFE: step by step

Step 1: Calculate your exact deadline

Your RFE notice will include a response deadline. USCIS sets the deadline, but under federal regulations the maximum response period USCIS may provide in an RFE is 12 weeks (8 CFR § 103.2(b)(8)(iv)). If the notice is served by mail, 3 days are added to the prescribed period (8 CFR § 103.8(b)).

Step 2: Read the RFE notice carefully

The notice will list exactly which documents or evidence USCIS needs. Read every line. Sometimes an RFE asks for multiple items, and missing even one can result in a denial on the record.

Step 3: Gather the specific evidence requested

Collect only what was asked for, but be thorough. If USCIS requests a marriage certificate, provide the certificate plus a certified English translation if it's in another language. If they request J-1 status evidence, provide the DS-2019, I-94, and a sponsor letter.

If you need to obtain documents from overseas (like a marriage certificate from your home country), start immediately. This is where most of the 87 days gets consumed.

Step 4: Write a cover letter

Include a clear, organized cover letter with your response. What it should contain:

Your full legal name and date of birth
Your A-Number (Alien Registration Number) and receipt number
The date of the RFE notice
A numbered list of each document you're including, matched to each item USCIS requested
Your signature and date

Step 5: Organize and submit your response package

Assemble your response in this order:

Cover letter on top
Original RFE notice (include it with your response)
Evidence documents in the order requested
Copies of any supporting documents

Mail the complete package to the return address printed on your RFE notice. Use a tracked shipping method (USPS Priority Mail, FedEx, or UPS) so you have proof of delivery. Keep copies of everything you send.

Step 6: Track delivery and monitor your case

After sending your response, save the tracking number and delivery confirmation. You can check your case status online using your receipt number at egov.uscis.gov/casestatus.

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Sample RFE response cover letter

Here's a template you can adapt for your J-2 EAD RFE response:

[Your Full Legal Name]

A-Number: [Your A-Number]

Receipt Number: [Your Receipt Number]

Date: [Today's Date]

USCIS [Service Center Name]

[Address from RFE Notice]

Re: Response to Request for Evidence dated [RFE Date]

Form I-765, Category (c)(5) - J-2 Dependent Employment Authorization

Dear USCIS Officer,

I am writing in response to the Request for Evidence issued on [date] regarding my Form I-765 application for employment authorization as a J-2 dependent. Please find enclosed the following documents as requested:

[Document 1 - e.g., Certified copy of marriage certificate with English translation]
[Document 2 - e.g., Copy of J-1 principal's current DS-2019]
[Document 3 - e.g., Updated support letter]

Please contact me if any additional information is needed.

Sincerely,

[Your Signature]

[Your Printed Name]

[Phone Number]

[Email Address]

Keep the letter short, professional, and factual. Don't include emotional appeals or unnecessary background information.

What happens after you submit your RFE response

Once USCIS receives your response, your case goes back into the processing queue. USCIS does not publish a guaranteed standard timeframe for how quickly it will decide a case after an RFE response is received. To estimate timing, check the USCIS processing times tool for Form I-765 and your case type.

During this time, you cannot work unless you hold a valid, unexpired EAD card. J-2 category (c)(5) applicants have no work authorization bridge while their case is pending. If your EAD has expired, you must wait for approval before accepting or continuing employment.

If your case is approved, you'll receive your new EAD card by mail. If it's denied, you'll receive a denial notice explaining the reason. For guidance on next steps after a denial, see our guide on what to do if your J-2 EAD is denied.

What if you miss the RFE deadline?

Missing the deadline is serious. Under 8 CFR § 103.2(b)(8), USCIS may deny your application outright or treat it as abandoned.

There is no way to request an extension. The regulation is clear: "Additional time to respond to a request for evidence or notice of intent to deny may not be granted."

If you've already missed the deadline, your options are limited:

File a new I-765 application with a complete package of documents (including the correct Form I-765 filing fee). As of the current USCIS fee rule, the Form I-765 filing fee is $520 (unless a different fee applies to your specific category or filing scenario).
Request expedited processing if you have an urgent basis, though J-2 EAD expedite requests are often denied
Consult with an immigration attorney if you believe USCIS made an error

How to avoid J-2 EAD RFEs in the first place

The best way to deal with an RFE is to prevent it. A checklist of everything to include with your initial I-765 filing for category (c)(5):

Completed Form I-765 (use the current acceptable edition listed under the Edition Date on the USCIS Form I-765 page at the time you file)
Filing fee of $520 (under the current fee rule), payable via ACH debit (Form G-1650) or credit card (Form G-1450) for paper filings submitted after Oct. 28, 2025.
Two passport-style photographs (2"x2", unmounted, unretouched)
Copy of your passport photo and visa pages
Copy of your I-94 record
All current and previous DS-2019 forms (yours and J-1 principal's)
Marriage certificate with certified English translation (for spouses)
Birth certificate with certified English translation (for minor children)
Evidence J-1 principal is maintaining valid status (sponsor letter, current DS-2019)
Signed support letter stating income will NOT support J-1 principal
Copies of any previous EAD cards (for renewals)

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Frequently Asked Questions

Does receiving an RFE mean my J-2 EAD will be denied?: No. An RFE just means USCIS needs more information. If you respond with complete, accurate evidence within the deadline, your application has a strong chance of approval. Most RFEs are resolved successfully when the applicant provides exactly what was requested.
How long do I have to respond to a J-2 EAD RFE?: You have a maximum of 84 calendar days (12 weeks) from the date on the RFE notice (8 CFR § 103.2(b)(8)). If the RFE was mailed domestically, add 3 days for a total of 87 days. Extensions are not permitted under any circumstances.
Can I work while my RFE response is being processed?: Only if you have a valid, unexpired EAD card. J-2 category (c)(5) does not qualify for automatic EAD extensions (8 CFR § 274a.12). If your EAD has expired, you must stop working until you receive a new approved EAD. For more, see the J-2 EAD FAQ.
How long does it take to get my J-2 EAD after responding to an RFE?: There is no guaranteed standard timeframe for how quickly USCIS will issue a decision after it receives an RFE response. Processing times vary. Check current wait times using the USCIS processing times tool for Form I-765 and your case type.
Can I expedite my J-2 EAD after receiving an RFE?: Premium processing is only available for certain Form I-765 categories (for example, certain F-1 OPT/STEM OPT filings). J-2 EAD applications under category (c)(5) are not listed among the eligible I-765 categories for premium processing. You can submit an expedite request based on USCIS expedite criteria (such as severe financial loss, emergency, or urgent humanitarian reasons), but expedite is discretionary. The most reliable path is a complete, timely RFE response.
Is a marriage certificate always required for a J-2 EAD?: It's listed in the I-765 instructions as required evidence for spousal J-2 applicants. Even if you weren't asked for it in a previous filing, USCIS may request it now. Always include it proactively to avoid an RFE.
What if my marriage certificate is in another language?: You must provide a certified English translation along with a copy of the original document. The translation should include a signed certification from the translator stating they are competent to translate and that the translation is accurate.
Can I submit a partial RFE response?: Technically yes, but USCIS treats a partial response as a request for a decision based on the existing record. This usually leads to a denial. Always submit a complete response with every requested document.
What if my J-1 spouse's program is ending soon?: This creates urgency because your J-2 EAD validity is tied to the J-1's program end date. If the program is ending before your RFE response would be processed, talk to the J-1 program sponsor about a possible program extension, and include evidence of the extension (or pending extension) in your RFE response. You should also check your J-2 EAD eligibility to understand your options.
What happens if my J-2 EAD application is denied after an RFE?: If denied, you'll receive a notice explaining the reason. There is no formal appeal for I-765 denials, but you can file a new application with a complete package addressing the issues. For a full breakdown of your options, see our J-2 EAD FAQ.

Official sources

This guide is based on current USCIS policy and federal regulations. All information was verified against these official sources as of February 2026:

USCIS resources

Federal regulations

8 CFR § 274a.12(c)(5) - J-2 employment authorization category
8 CFR § 103.2(b)(8) - RFE procedures and response deadlines
8 CFR § 103.8(b) - Mailing time calculations

Recent policy changes

Final rule permanently increases the automatic extension period of employment authorization and/or EADs for certain individuals (DHS final rule published Dec. 13, 2024; USCIS summary updated Jan. 7, 2025).

Immigration law changes frequently. We monitor USCIS policy updates and revise this guide when regulations change.