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Employment in F-1 Status
Employment
based on severe economic hardship (C 3 iii)
Definition of unforeseen severe economic hardship
This F-1 employment
benefit is intended to address situations where a financial need beyond
the student's control arises, which was unforeseen at the time the
student applied to the school he or she is currently attending and after
all other potential employment opportunities have proven to be
insufficient.
Examples of unforeseen
economic hardship 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, or other substantial and
unexpected expenses."
Preconditions
Must have been in F-1 status for at least one full academic
year. Must prove to USCIS that employment is necessary due
to severe economic hardship caused by circumstances beyond his
or her control that arose after obtaining F-1 status.
Location
Is designed
for off-campus employment but can be done on-campus
Duration
Granted by
USCIS in increments of one year at a time, or until the program
end-date, whichever is shorter;
Authorization ends if a student
transfers schools
Hours per week
Limited to 20 hours per week while school is in session; can
be full-time during official school breaks
Field/level of work
Can be in any
job. Does not have to be related to course of study.
Offer of employment
Not required as a condition of eligibility
Effect on other work
Use of this category of employment does not count towards the
20-hour on-campus maximum, nor does it affect eligibility for
practical training.
Approval process
Must
apply for EAD (Employment Authorization Document) from USCIS
after Designated School Official (DSO) updates SEVIS with
recommendation
Limitations of the
EAD process
The student cannot begin employment
until he or she receives the EAD from USCIS. Processing times for EAD issuance vary greatly from Service Center
to Service Center, and a student applying for economic necessity work
authorization must often wait several weeks or even months before the
EAD actually arrives.
Authorization is granted in one-year
intervals, up to the expected date of completion of studies.
Students must reapply to USCIS each year to renew this work
authorization. If a student needs uninterrupted work
authorization, he or she must apply early enough so that the EAD is
received before the expiration date of the prior one, since continued
employment during the pendency of an EAD extension request is not
authorized.
Limits on the terms
of employment
Off-campus employment authorization in
this category is terminated when the student transfers from one school
to another, or when the need for employment ceases.
Procedures for
applying for economic hardship work authorization
The student must:
- Document the circumstances causing
the economic need
- The student can write a
statement describing the unforeseen hardship situation and, if
possible, should attach backup documentation; for example, a
letter from home telling of a change in family circumstances or
proof of a currency devaluation in the student's country.
- Explain why other employment
options are unavailable or insufficient (a simple statement might
suffice).
- Complete
Form I-765,
Application for Employment Authorization, using the code:
"(C)(3)(iii)" at item 16.
Instructions for Completing Form I-765
- Obtain 2
ADIT style photos
- Make a request to the ISP office
for a new I-20 with DSO recommendation for economic hardship
employment
What to send where
- Form I-765, completed by the
student, marked with the code "(c)(3)(iii)" at item 16
-
I-765
processing fee in a check or money order payable to "U.S. Department
of Homeland Security"
- Copy of the newly issued student's Form I-20
with page 3 including the DSO
recommendation for economic hardship employment
- 2 ADIT style photos
- Copy of the student's I-94, front
and back
- A letter from the student (and an
optional letter from the DSO), explaining the circumstances of the
hardship. Some USCIS Service Centers also require the student
to submit supporting materials documenting the unforeseen nature of
the economic hardship and, to the extent possible, the
unavailability of on-campus employment to meet the need
- Copy of the ID pages from the
student's passport, or, for applications for renewal of work
authorization, a photocopy of the previously issued EAD
- Certified
translations for foreign language documents (if any)
Please submit
certified translations for all foreign language documents. The
translator must certify that s/he is competent to translate and that
the translation is accurate. The certification format should
include the certifier's name, signature, address, and date of
certification. A suggested format is:
Certification by Translator
I
typed name ,
certify that I am fluent (conversant) in the English and languages, and that the above/attached
document is an accurate translation of the document attached
entitled .
Signature
Date Typed Name
Address
- Mail all of the above to the USCIS
Service Center with jurisdiction over the student's place of
residence. Use a receipt-based mailing option such as
certified mail, so that there will be evidence that the documents
were received by USCIS.
U.S. Department of
Homeland Security
US Citizenship and Immigration Services
California Service Center
P.O. Box
10765
Laguna Niguel, CA
92607-1076
For Overnight delivery (FedEx,
UPS, etc) or bonded courier delivery:
U.S.C.I.S.
California Service Center
24000 Avila Road, 2nd Floor, Room 2302
Laguna Niguel, CA 92677
*Make file copies of all documents
before sending to USCIS.
USCIS adjudication
If employment is authorized, USCIS will
issue the student an Employment Authorization Document (EAD). If
the application is denied, USCIS will indicate the reason for the denial
in writing. A denial may not be appealed, although if the
circumstances warrant, a motion to reopen or reconsider could be filed.
Finding the Status of Your Case
https://egov.uscis.gov/cris/jsps/index.jsp
Processing Dates for Applications and
Petitions
https://egov.uscis.gov/cris/jsps/ptimes.jsp
Also, refer to U.S.
Immigration and Customs Enforcement (ICE) website about:
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