F-2 Dependent Spouse or Child of F-1 Student
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Special Student Relief For F-1 Students
From Indonesia, Korea, Malaysia, Thailand, and the Philippines
On June 10, 1998, the United States Immigration and Naturalization Service (INS) published regulatory changes that allow students whose main financial supports come from Indonesia, Korea, Malaysia, Thailand, and the Philippines to seek employment and reduce enrollment under the Special Student Relief program.
The Special Student Relief program allows:
- Full-time, on-campus employment while school is in session.
- Full-time, off-campus employment for the duration of the employment authorization.
- Reduction in enrollment to no less than three courses per semester for undergraduate students and no less than one course for graduate students; This applies ONLY if you have been granted employment authorization under the Relief program. Reduction in enrollment DOES NOT apply to non-degree and language programs.
Eligibility Requirements
To be eligible for the Special Student Relief program, you must meet the following requirements:
- Your major source of financial support comes from any of the following countries: Indonesia, Korea, Malaysia, Thailand, or the Philippines.
- You must demonstrate severe economic hardship resulting from the economic crisis.
- You received F-1 status and engaged in studies prior to June 24, 1998.
- You are currently in status and carrying a full course of study.
Employment Authorization Application
I. On-campus Employment Authorization
For an on-campus employment authorization application you need to present the following to ISS:
- A written statement, which includes a summary of your financial situation, a budget, or any additional information that demonstrates severe economic hardship.
- Your original I-20 Form.
After reviewing these documents to confirm your eligibility, an ISS advisor will endorse the back of your I-20 Form, make copies of documentation to be kept on file, and return your I-20 Form to you.
II. Off-campus Employment Authorization
For an off-campus employment authorization application you need to present the following to ISS:
- A written statement that includes a summary of your financial situation, a budget, or any additional information that demonstrates severe economic hardship.
- Your original I-20 Form (an ISS advisor will endorse the I-20 for Special Student Relief and make a copy for your application to the Immigration and Naturalization Service; you will not have to give up your original I-20).
- Completed INS Forms I-538 and I-765 (available from ISS; complete only Section A of Form I-538).
- A personal check or money order for $100 payable to "INS" or a notarized affidavit requesting a fee waiver.
- 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. INS 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.
After reviewing these documents to confirm your eligibility, an ISS advisor will endorse the back of your I-20 Form. Your application will then be submitted by mail to the regional office of the Immigration and Naturalization Service (INS) in Vermont for processing. INS will first mail a receipt (Notice of Action) to you, and will later mail the Employment Authorization Document (EAD) as evidence of your permission to be employed. Please note that INS processing usually take 30 to 60 days and may take up to 90 days. You may not begin employment before your 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 SUNY 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 International Student Services (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 United States (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).
