Office of International Programs (OIP)


Off-Campus Employment Based on
Economic Hardship for F-1 Students



Purpose

This section will provide F-1 students with information on a type of employment opportunity which the U.S. Citizenship & Immigration Services Office (USCIS) calls "off-campus employment based on economic hardship."

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General Requirements

  1. According to USCIS regulations, if other employment opportunities are not available or are otherwise insufficient (i.e. on-campus employment), F-1 students are eligible for off-campus work authorization.
  2. The need to work must have been caused by unforeseen circumstances beyond the student's control:
    • Loss of financial aid or on-campus employment without fault on the part of the student;
    • Substantial fluctuations in the value of currency or in the exchange rate;
    • Unusually high increases in tuition and/or living expenses;
    • Unusually high medical bills;
    • Other substantial and unexpected expenses.

  3. Students must also have been in F-1 status for one full academic year (2 semesters), be in good academic standing (2.0 GPA for undergraduates/3.0 GPA for graduates), and demonstrate that the employment will not interfere with the student's carrying a full course of study.
  4. USCIS also requires that a student make a good faith effort to locate employment on-campus before applying for employment based on economic hardship.
  5. The student is not required to have a job offer before applying for this type of employment authorization.
  6. The job is not restricted to student's field of study/major.
  7. This type of work permission does not affect Optional Practical Training.

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Application Procedures

You should contact the OIP so an International Student Advisor may evaluate your situation to make certain that you meet the eligibility requirements for this type of employment authorization.

To apply, call the OIP front desk to schedule an appointment to meet with an advisor. Please remember to bring ALL of the following documents with you to your appointment:

  • Completed & Signed Form I-765 (click 鈥淒ownload I-765 (104KB PDF)鈥 link at the bottom of the page). Filling in item 16 (Eligibility Category) : (c)(3)(iii)
  • Most recent original SF State SEVIS I-20 form
  • Photocopy of the identification page(s) in your passport (must include name, current expiration date, and photo)
  • Photocopies of the FRONT and BACK of your I-94 card
  • Two 2" by 2" US Passport Style Photographs. Write your name and I-94 number lightly on the back of each photo
  • Letter of Explanation

  • Supporting materials such as affidavits which detail your unforeseen circumstances and which demonstrate the unavailability of on-campus employment.

After your appointment, an Economic Hardship I-20 will be issued. The new I-20 will have the Economic Hardship recommendation on the 3rd page. Pick up your I-765 application, other application materials, and new I-20 at the OIP front desk within 5 business days, (excluding weekends, holidays, and furlough days) after OIP contacts you.

Be sure to read the cover letter from OIP. The letter contains a list of things you need to mail to USCIS

Sign your I-20 photocopy with a blue pen and insert the $340 check (made payable to 鈥淯S Department of Homeland Security鈥). Send your application to the USCIS by 鈥淐ertified mail Return Receipt鈥.

For your convenience, OIP will provide envelopes with USCIS's address for you. The address on the envelope is for USPS certified mail only.

Address for USPS Certified mail/Return Receipt:
USCIS
PO Box 21281
Phoenix, AZ 85036

Address for private courier (non USPS) deliveries:
USCIS
Attn: AOS
1820 E. Skyharbor Circle S
Suite 100
Phoenix, AZ 85034

Notice of Action from the USCIS should arrive at the address indicated on the I-765 within 2-4 weeks


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Review and Approval

Authorization by the Immigration Service. Your permission to begin employment based upon economic hardship is not finalized until you have received an "Employment Authorization Document" (EAD) from the USCIS. The EAD will have your photograph and will also indicate the exact dates of your authorized employment.

The USCIS work permission on the EAD will begin on the date the EAD is issued. Please remember that your are required to obtain your EAD before being able to begin employment.

Employment will only be granted for a maximum of 12 months (1 year) or up to your expected date of graduation (whichever is less). If you are still experiencing economic hardship, have not yet graduated, and wish to extend your work authorization, you will need to apply once again following the instructions above.

Employment based on economic hardship can be renewed only by USCIS and only if you are maintaining your full-time status and in good academic standing.

Your employment authorization is automatically terminated if you fail to maintain your full-time student status, if you are no longer in good academic standing, or if you transfer to another school.

Employment is only authorized part-time (20 hours/week or less) while school is in session; full-time during holidays or school vacations.


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Employment Eligibility Verification

When you begin work, you and your employer must complete a form entitled "Employment Eligibility Verification" (USCIS Form I-9), which the employer retains. The I-9 must be updated each time you receive a renewal of your work permission.

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Social Security and Other Taxes

In general, F-1 students who have been in the U.S. less than five years are exempt from Social Security (F.I.C.A.) taxes. Your earnings, however, are subject to applicable federal, state and local taxes. Students must file a tax return on or before April 15 each year, which will determine if any of the withheld taxes can be refunded.

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A Note of Caution

While USCIS regulations provide a variety of opportunities for you to be employed during your time in F-1 status, working improperly or without authorization is a serious violation of your status. You should therefore consult with your international student advisor before taking up any employment. It is your responsibility to comply with all immigration regulations which apply to F-1 students. Staff in the office of International Programs are responsible for advising and counseling you regarding your responsibilities. If you fail to comply with your responsibilities, you may not be eligible for benefits normally granted to F-1 students.

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Further Information

Additional information on F-1 employment is available from the Office of International Programs. Staff of that office are pleased to offer information, counseling, and assistance on all federal regulations related to maintaining your student status.

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