When F-1 Students Qualify for a Work Permit Based on Severe Economic Hardship

Foreign nationals who obtain F-1 visas to study in the U.S. are expected to be self-supporting – in fact, they will need to prove their financial capacity in order to get approval for the visa. However, if after coming to the United States and spending at least one year studying here, you find that your financial situation has taken a turn for the worse, there is a possible solution: You can apply to U.S. Citizenship and Immigration Services (USCIS) for a special work permit based on severe economic hardship.

(Note: The technical name for a work permit is an “employment authorization document” or EAD.)

What a Work Permit Based on Severe Economic Hardship Gets You

This work permit would allow you to accept off-campus employment, which might pay better than the on-campus jobs that are already open to you without special permission. However, you will still be limited to working no more than 20 hours a week while school is in session, or working full-time during school holidays or vacations.

Eligibility for a Work Permit Based on Severe Economic Hardship

In order to qualify for a work permit based on hardship, you will need to show USCIS that you:

• have already completed a full academic year of study
• are in good academic standing
• have undergone unforeseen changes in your financial situation, and
• cannot obtain suitable or available on-campus employment to meet your new need.

All of this will need to be documented.

Risks of Applying for a Work Permit Based on Severe Economic Hardship

Before you apply, remember that your original eligibility for an F-1 visa depended on your ability to pay your own way. If, in applying for a work permit, you say too little about the -novelty and seriousness of this recent change in your economic circumstances, USCIS may conclude that you do not really need the work permission, and therefore deny your application.

But if you are too persuasive regarding the extent of your economic difficulty, USCIS may think that even the part-time salary you would be able to earn with the work permit will not be sufficient to help you through this difficult time. Then it will not only deny your application, but will order you to return home because you cannot pay for your stay as a student in the United States.

What is the best solution? Talk with your designated student officer (DSC) or foreign student adviser before submitting your work permit application. The DSO will have experience helping students submit such applications, and can work with you to present your financial need convincingly -- but not too convincingly -- in your application.

But be extra careful if you fear you are already violating your F-1 status, perhaps by having dropped out of school or taken on illegal work. In such a situation, you would want to consult with a lawyer rather than your DSO before submitting your application. You must remember that the DSO wears two hats. Although he or she is there to help you, the DSO also has the uncomfortable obligation of reporting your status violations to USCIS. A lawyer can help you determine whether you are indeed violating your status and help you prepare this work permit application, if appropriate.

Application Process for a Work Permit Based on Severe Economic Hardship

Here are the basic steps to applying for this type of EAD. First, you’ll need to prepare or collect the following:

• Photocopy of your Form I-20 A-B/I-20 ID, Certificate of Eligibility of Nonimmigrant (F-1) Student Status
• Your DSO’s certification (using the SEVIS system) that you have been in F-1 status and in good standing for at least one year, that you can handle a job without dropping below a full course of study, and that the DSO recommends you receive this work permit).
• USCIS Form I-765, which you have filled out and signed. For question 16, your answer should be “(c)(3)(iii).”
• A copy of the front and back of any previous work permits that you have received.
• Two color photos, U.S. passport-style. Print your name in pencil on the back of the photos
• Supporting documents to show your severe economic need. Examples include news articles about the worsening economic situation or loss of currency value in your home country, statements of significant tuition or living-cost increases, a copy of a letter terminating your family or sponsor’s employment, or copies of your family or sponsor’s medical bills.
• Your sworn statement summarizing the reasons you need this work authorization.
• A copy of the identity page and visa page from your passport.
• A copy of your I-94 card (which was put into your passport upon entry to the U.S.).
• Filing fee (as of late 2011, $380). Double-check current fees with your DSO or on the USCIS website at www.uscis.gov.

You can apply online, and pay the fee by credit or debit card or electronic transfer. The disadvantage, however, is that you will need to submit your supporting documents by mail. If you submit your application by mail, you will need to send a check or money order, payable to “U.S. Department of Homeland Security.” Do not send cash.

After applying, you will receive a receipt notice, containing a number that you can use to track your application’s progress through the system.