F-2 Dependent Spouse or Child of F-1 Student
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F-1 Hardship Employment Permission
Immigration regulations allow an F-1 student who experiences unforeseen financial problems while studying in the United States (U.S.) to obtain off-campus employment permission under certain conditions. These pages discuss the requirements and limitations of F-1 economic hardship employment authorization. This off-campus employment permission may provide real help in difficult circumstances by allowing a student to supplement his or her income in order to meet some living expenses. Economic hardship employment authorization will not, however, enable a student to earn enough to bear the cost of the full-time course of study required to maintain F-1 student status. It should not be thought of as a solution for serious financial difficulties.
Eligibility
If you are an F-1 student who is experiencing economic hardship due to an unforeseen change in your financial situation, you may qualify for off-campus employment authorization under relevant immigration regulations. (You must, of course, be a full-time student in valid F-1 status to qualify for this, as for any other benefit of F status). If employment authorization is granted, you will be able to work off-campus for up to 20 hours per week while school is in session and full time during vacation periods. Economic hardship employment authorization, which allows you to work in any job, related or not related to your studies, will be granted for one year or for the remainder of your academic program, whichever period is less.
When considering your eligibility for hardship employment authorization, the most important point to keep in mind is that, for you to qualify, an adverse change in your financial situation must have been unforeseen; Moreso, it must have been unforeseeable when you first came to the U.S. to study.
Immigration regulations provide that the unforeseen circumstances "may 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 conditions of the student's source of support, medical bills, or other substantial and unexpected expenses." Only unforeseen problems can be the basis for hardship employment authorization because, as you will recall from the process of obtaining your I-20 and visa to enter the U.S., students must first demonstrate that all of the financial resources needed for their program of study are available before they are able to obtain F-1 status.
If you believe that your circumstances may qualify you for hardship employment authorization, please meet with an ISS advisor. If it appears that you are eligible for hardship employment authorization, the advisor will ask you to (1) write a letter in which you describe in some detail the circumstances that support your request for hardship employment authorization, and (2) ask you to provide documentation confirming these circumstances (for example, a letter from your department to document the loss of a scholarship, or exchange rate data showing a currency devaluation, or a letter from an accountant confirming unexpected business losses). Once the need for hardship employment authorization is well documented, the ISS advisor will help you prepare an employment authorization application to be submitted to the Immigration and Naturalization Service (INS).
Employment Authorization Application
For your employment authorization application you will need to present the following to International Student Services (ISS):
- Your letter and supporting documentation, as described above.
- Completed INS Forms I-538 and I-765 (available from ISS; complete only Section A of Form I-538; write "(c)(3)(iii)" in item 16 of Form I-765).
- Two identical color photographs, in three-quarter right front profile, with your right ear showing. To insure the proper pose, look 45° to the left of the camera. The photographs must have a white background, be taken less than 30 days ago, be unmounted, printed on thin, glossy paper and be unretouched. Immigration Service regulations also require that you not wear jewelry in the photograph and that your head be uncovered unless you wear a headdress for religious reasons. The photographs should not be larger than 1" x 1" and the distance from the top of the head to just below the chin should be approximately 1". Tell the photographer that you need photographs for an Employment Authorization Document or "Green Card-style" photographs. You should print your name lightly in pencil on the back of the two photographs (include the number on your previous Employment Authorization Document (EAD) if you have one from an earlier period of optional practical training).
- A personal check or money order for $100 payable to "INS." (A personal check is preferable because, if necessary, you will be able to determine if it has been cashed).
- Your I-20 Form.
- Your I-94 Card (white card, usually stapled in your passport).
- Your passport information page (and the page including your photograph, if different).
- The visa page in your passport (except Canadian citizens, who have no visa).
- Your previous Employment Authorization Document (photo ID card), if you have had a previous period of employment authorized by INS.
Your application will then be submitted by mail to the regional office of the Immigration and Naturalization Service (INS) in Vermont for consideration. INS will first mail a receipt and later mail notice of the INS decision. If INS approves your application, it will send you an Employment Authorization Document (EAD) as evidence of your permission to be employed. Please note that INS processing usually takes 30 to 60 days and may take up to 90 days. You may not begin employment before you receive an EAD from INS; working before receipt of an EAD constitutes illegal employment that renders you illegally present in the U.S.
Social Security Numbers
Before you begin work you will need a valid Social Security Number. Your Brockport ID is not a valid Social Security Number. If you do not already have one, please obtain application instructions and directions to the Social Security Office from ISS. The Social Security Administration will process your application and a number will be sent to you in about one month.
Taxes
In general, F-1 students who have been in the U.S. for less than six calendar years are exempt from Social Security (FICA) and Medicare taxes. You should be sure to bring this to the attention of your employer because many employers are not familiar with this provision of the tax laws. If you need more information about the F-1 Social Security and Medicare tax exemption, please contact ISS.
Students in F-1 status are subject to all other taxes that may apply - federal, state and local (but check with ISS to see if your country is one of the few that has a tax treaty with the U.S. allowing students to exclude a limited amount of earned income from federal taxation).
