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.

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:

1. 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.
2. Explain why other employment options are unavailable or insufficient (a simple statement might suffice).
3. Complete Form I-765, Application for Employment Authorization, using the code: "(C)(3)(iii)" at item 16.  Instructions for Completing Form I-765
4. Obtain 2 Passport Style Photos (Write your Name and Date Of Birth on the backside of each photo)
5. 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 Passport style photos (Write your Name and Date Of Birth on the backside of each photo)
• 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 she/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:

If you live in: Alaska, Arizona, California, Colorado, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin, Wyoming, Guam, or the Commonwealth of Northern Mariana Islands.

Mail your application to:

USCIS Phoenix Lockbox For U.S. Postal Service (USPS) deliveries:

USCIS
PO Box 21281
Phoenix, AZ 85036

For Express mail and courier deliveries:

USCIS
Attn:  AOS
1820 E. Skyharbor Circle S
Suite 100
Phoenix, AZ 85034

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E-Notification:
If you want to receive an e-mail and/or a text message that your Form I-765 has been accepted at a USCIS Lockbox facility, complete Form G-1145, E-Notification of Application/Petition Acceptance and clip it to the first page of your application. Download Form G-1145 and Instructions

*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:

1. Basic Guidelines 2. Application Process 3. Work Hours And Period Of Work Authorization

USCIS Processing Time

USCIS Online Change of Address