Lori Meadows
International students in F-1 status who are facing severe economic hardship due to unforeseen circumstances beyond their control may be eligible for off-campus work authorization. This is known as Economic Hardship Employment Authorization or Severe Economic Hardship Employment. To apply, students must demonstrate that they have been in valid F-1 status for at least one academic year, are in good academic standing, and are carrying a full course load. They must also provide documentation of the unforeseen change in their financial circumstances, such as a loss of financial aid or on-campus employment, substantial fluctuations in exchange rates, or unexpected medical bills. The application process involves submitting Form I-765, Application for Employment Authorization, along with supporting documents and a fee to the United States Citizenship and Immigration Services (USCIS). USCIS may take up to 90 days or more to process the application, and if approved, students will receive an Employment Authorization Document (EAD) that allows them to work off-campus for one year.
| Characteristics | Values |
|---|---|
| Who is eligible? | F-1 students who have been in good academic standing for at least one academic year and are carrying a full course load. |
| Cost | $520 |
| Processing time | 90-120 days |
| Validity | One year |
| Application form | Form I-765, "Application for Employment Authorization" |
| Application fee payment method | Personal check or money order made payable to the U.S. Department of Homeland Security |
| Additional documents | Two identical natural color photographs, letter of support from ISS, documentation of unforeseen change in financial circumstances, etc. |
| Where to send the application | U.S. Citizenship and Immigration Services (USCIS) |
| Work hours | Limited to 20 hours per week when school is in session and 40 hours per week during school breaks |
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What You'll Learn
Emergent circumstances
When emergent circumstances occur, the US Department of Homeland Security (DHS) may provide special benefits to eligible F-1 international students, including emergent circumstances determination and temporary protected status (TPS). TPS is a decision by the DHS Secretary to offer protections to eligible nationals of specific countries who are already in the US. Emergent circumstances can lead to the suspension of certain regulatory requirements for F-1 students, such as allowing off-campus employment to meet their financial needs.
To be eligible for relief under emergent circumstances, F-1 students must demonstrate that they are experiencing severe economic hardship due to unforeseen circumstances beyond their control. This could include the loss of financial aid or on-campus employment, substantial fluctuations in exchange rates, unexpected increases in tuition or living expenses, or changes in the financial conditions of their source of support. Students must also show that they have maintained valid F-1 status, are in good academic standing, and are carrying a full course load.
To apply for employment authorization under emergent circumstances, students must submit Form I-765, "Application for Employment Authorization," along with supporting documents and a fee to USCIS. The application process typically takes 90-120 days, and if approved, students will receive an Employment Authorization Document (EAD) and can begin working off-campus. It's important to note that employment authorization is typically granted in one-year intervals and is contingent on maintaining valid F-1 status and academic standing.
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Severe economic hardship criteria
To qualify for off-campus employment, students must demonstrate that they are experiencing severe economic hardship due to unforeseen changes in their financial circumstances. These circumstances include:
- Loss of financial aid or on-campus employment through no fault of the student.
- Substantial fluctuations in the value of currency or exchange rates.
- Inordinate increases in tuition or living costs.
- Unexpected changes in the financial condition of the student's source of support, such as the loss of a family business.
- Excessive medical bills.
- Other substantial and unexpected expenses.
It is important to note that the criteria for severe economic hardship may vary depending on the specific situation and the discretion of the USCIS. Students must provide supporting documentation to demonstrate their unforeseen change in financial circumstances.
To apply for off-campus employment due to severe economic hardship, students must follow certain procedures. They should first request an Economic Hardship I-20 from their International Student Advisor and submit a Form I-765, Application for Employment Authorization, to the USCIS. The application fee for the work permission application is $520, and USCIS can take up to 90 days to process the request. If the application is approved, students are permitted to work off-campus for any employer, with some limitations on the number of hours worked.
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Application process
To apply for an EAD as an international student facing economic hardship, you must be an F-1 student and meet certain criteria. Here is the application process:
- Document Eligibility: To be eligible for an Economic Hardship Employment Authorization, you must have been in valid F-1 status for at least one academic year (two semesters) and be in good academic standing with a full course load.
- Request a Recommendation: Schedule an appointment with your International Student Advisor to discuss your eligibility for Hardship Employment. If your advisor believes you have a valid case, they will provide a recommendation and issue a new I-20 form with an endorsement for Economic Hardship.
- Prepare Supporting Documents: Gather the necessary documents, including a copy of your new I-20 form, F-1 visa page or I-797 form, unofficial transcript, two identical passport-style photos taken within the last 30 days, a personal statement describing your unforeseen hardship situation, and any supporting documentation (e.g., news articles, letters, etc.).
- Complete Form I-765: Fill out Form I-765, "Application for Employment Authorization," using the code (C)(3)(iii) at item 16. Do not date the form until you are ready to submit it. Attach the required fee.
- Submit Application: Submit your application package, including all supporting documents, to the U.S. Citizenship and Immigration Services (USCIS). Use a reliable express delivery service (e.g., UPS, FedEx) to ensure tracking and save your receipt.
- Processing Time: USCIS typically takes 90–120 days to process the application, but this timeframe can vary. During this period, you can track your application status using the case number provided by USCIS.
- Approval and EAD Receipt: If your application is approved, USCIS will send you an Employment Authorization Document (EAD). You cannot begin working until you receive this document and must adhere to the start and end dates listed on your EAD.
- Renewal: If you need to continue working off-campus after your EAD expires, you must re-apply for renewal. Renewal applications should be submitted 180 days before the current EAD expires.
- Transfer to a New School: If you transfer to another school, your employment authorization will automatically end, and you will need to apply for a new EAD at the transfer-in school.
- Maintain Status: Remember that your employment authorization is contingent on maintaining your F-1 status, good academic standing, and full-time student status. Failure to do so will result in automatic termination of your authorization.
Please note that processing times may vary, and it is essential to carefully review the requirements and procedures outlined by USCIS and your educational institution.
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Renewal and termination
Renewal
To renew their EAD, international students must submit a new Form I-765, "Application for Employment Authorization," along with the required fee. The renewal process should be initiated within a specific timeframe before the current EAD expires. The recommended timeframe varies, with some sources suggesting between 90 days and six months, while others advise requesting a renewal at least 100 days in advance. The renewal application should be submitted to USCIS, and the student must maintain their F-1 status and good academic standing to be eligible for renewal.
Termination
Employment authorization through EAD can be terminated in several scenarios:
- Expiration of the EAD: Once the EAD expires, the student's work authorization ends. It is important to renew the EAD in a timely manner to avoid any interruption in employment.
- Failure to maintain status: If an F-1 student fails to maintain their status, their employment authorization will be automatically terminated. This includes violations such as working more hours than authorized or not maintaining good academic standing.
- Graduation or transfer: When an F-1 student graduates or transfers to another university, their employment authorization is terminated.
- Denial of application: If USCIS denies an F-1 student's application for off-campus employment, their employment authorization ends.
- Failure to obtain a new EAD: In some cases, if a new EAD is not obtained within a certain timeframe, the student may be terminated from their employment but can be rehired once the new EAD is received.
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Employment limitations
Severe Economic Hardship
US Citizenship and Immigration Services (USCIS) may grant permission for off-campus employment to F-1 students experiencing severe economic hardship due to unforeseen circumstances beyond their control. These circumstances include:
- Loss of financial aid or on-campus employment through no fault of the student
- Substantial fluctuations in the value of currency or exchange rates
- Inordinate increases in tuition or living costs
- Unexpected changes in the financial condition of the student's source of support, medical bills, or other unusual expenses
There are several limitations to the Employment Authorization granted under Severe Economic Hardship:
- Students must have been in valid F-1 status for at least one academic year (two semesters) and be in good academic standing, carrying a full course load.
- Employment is authorized for one-year intervals and renewals are permitted as long as the student maintains their status and academic standing.
- Employment authorization automatically ends if the student fails to maintain their F-1 status or good academic standing.
- Students cannot begin working until they receive their Employment Authorization Document (EAD) from USCIS. The EAD will specify the “start date” for employment.
- F-1 students are limited to working 20 hours per week when school is in session and 40 hours per week during school breaks and annual vacations.
- Employment authorization is tied to the specific school the student is attending. If the student transfers to another school, they must apply for a new EAD and employment authorization at the new school.
- Working more hours than authorized is a violation of F-1 status and can result in the termination of employment authorization.
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Frequently asked questions
Severe Economic Hardship is a request to work off-campus due to severe financial hardship. This may include a loss of financial aid or on-campus employment, substantial fluctuations in the value of currency or exchange rate, inordinate increases in tuition or living costs, or unexpected changes in the student's source of financial support.
To be eligible for Economic Hardship employment authorization, you must have been in valid F-1 status for at least one academic year, be experiencing economic hardship based on unforeseen circumstances, and be currently in good academic standing while carrying a full course load.
The required documents include a copy of the new I-20 with an employment recommendation, a copy of your F-1 visa page or I-797, two passport-style photos, a personal statement describing the hardship situation, supporting documentation, and a completed Form I-765.
The application fee is $520, and the processing time can take up to 90 days or more, depending on the USCIS workload. If approved, the employment authorization is granted in one-year intervals, and students can work up to 20 hours per week when school is in session and 40 hours per week during school breaks.
