Current immigration regulations governing off-campus employment based on economic hardship took effect on January 1, 2003. These regulations apply to all students in F-1 status.  

In order to be eligible, the student must:

• be in valid F-1 status for at least one academic year (two semesters)  
• be in good academic standing and registered for a full-time course load  
• provide evidence of economic hardship based on unforeseen circumstances beyond the student's control  
• demonstrate that on-campus employment is either unavailable or insufficient to meet needs.  

The regulations require that students make a good faith effort to locate employment on campus before applying for employment authorization based on economic hardship.

The regulations offer examples of unforeseen circumstances which may cause economic hardship, including the 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 rates, inordinate increases in tuition and/or living costs, unexpected changes in the financial condition of a student's sponsor, medical bills, or other substantial and unexpected expenses.  

Employment is limited to no more than 20 hours per week when school is in session, full-time during holidays or vacation periods. Employment authorization is automatically terminated when a student fails to maintain status. Students may work for an employer at any job, anywhere in the United States. A job offer is NOT required in advance of obtaining employment authorization. Employment may not commence until the student receives the Employment Authorization Document card (EAD) from the U.S. Citizenship and Immigration Services (USCIS). 

Students seeking employment authorization based on economic hardship will need to file a I-765 with the USCIS to obtain an EAD card, which will be valid for one-year intervals. There is a fee for the EAD, which is the student's responsibility. Students interested in this type of work authorization MUST schedule an appointment to meet with the PDSO/DSO for a recommendation in your SEVIS record before filing with USCIS.  

The following items must be submitted to the Office of International Student and Scholar Services to process an application for off-campus employment based on severe economic hardship:

• cover letter from student explaining unforeseen circumstances causing economic hardship  
• statement of assets, income, and expenses and corresponding financial documentation.  

Once the application for off-campus employment based on economic hardship is complete, the PDSO/DSO will provide you with an updated Form I-20 with off-campus work authorization certification on page 3. The Form I-20, and the written evidence of unforeseen circumstances will be returned to the student.   

It may take approximately 4 months for the application to be processed by the USCIS. Therefore, students are urged to allow sufficient processing time for this procedure by submitting their paperwork early.  

Employment may not commence until the student obtains the EAD.

8 CFR 214.2(f)(9)(ii)(A)

(ii) Off-campus work authorization—(A) General. An F-1 student may be authorized to work off-campus on a part-time basis in accordance with paragraph (f)(9)(ii) (B) or (C) of this section after having been in F-1 status for one full academic year provided that the student is in good academic standing as determined by the DSO. Part-time off-campus employment authorized under this section is limited to no more than twenty hours a week when school is in session. A student who is granted off-campus employment authorization may work full-time during holidays or school vacation. The employment authorization is automatically terminated whenever the student fails to maintain status. In emergent circumstances as determined by the Commissioner, the Commissioner may suspend the applicability of any or all of the requirements of paragraph (f)(9)(ii) of this section by notice in the Federal Register.

8 CFR 214.2(f)(9)(ii)(B)

(B) [Reserved]

8 CFR 214.2(f)(9)(ii)(C)

(C) Severe economic hardship. If other employment opportunities are not available or are otherwise insufficient, an eligible F-1 student may request off-campus employment work authorization based upon severe economic hardship caused by unforeseen circumstances beyond the student's control. These 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 condition of the student's source of support, medical bills, or other substantial and unexpected expenses.

8 CFR 214.2(f)(9)(ii)(D)(1)-(4)

(D) Procedure for off-campus employment authorization due to severe economic hardship. The student must request a recommendation from the DSO for off-campus employment. The DSO at a non-SEVIS school must make such a certification on Form I-538, Certification by Designated School Official. The DSO of a SEVIS school must complete such certification in SEVIS. The DSO may recommend the student for work off-campus for one year intervals by certifying that:

(1) The student has been in F-1 status for one full academic year;

(2) The student is in good standing as a student and is carrying a full course of study as defined in paragraph (f)(6) of this section;

(3) The student has demonstrated that acceptance of employment will not interfere with the student's carrying a full course of study; and

(4) The student has demonstrated that the employment is necessary to avoid severe economic hardship due to unforeseen circumstances beyond the student's control pursuant to paragraph (f)(9)(ii)(C) of this section and has demonstrated that employment under paragraph (f)(9)(i) of this section is unavailable or otherwise insufficient to meet the needs that have arisen as a result of the unforeseen circumstances.

8 CFR 214.2(f)(9)(ii)(E)

(E) [Reserved]

8 CFR 214.2(f)(9)(ii)(F)(1)

(F) Severe economic hardship application. (1) The applicant should submit the economic hardship application for employment authorization on Form I-765, with the fee required by 8 CFR 103.7(b)(1), to the service center having jurisdiction over his or her place of residence. Applicants at a non-SEVIS school should submit Form I-20, Form I-538, and any other supporting materials such as affidavits which further detail the unforeseen circumstances that require the student to seek employment authorization and the unavailability or insufficiency of employment under paragraph (f)(9)(i) of this section. Students enrolled in a SEVIS school should submit the SEVIS Form I-20 with the employment page demonstrating the DSO's comments and certification.

8 CFR 214.2(f)(9)(ii)(F)(2)

(2) The Service shall adjudicate the application for work authorization based upon severe economic hardship on the basis of Form I-20 ID, Form I-538, and Form I-765, and any additional supporting materials. If employment is authorized, the adjudicating officer shall issue an EAD. The Service director shall notify the student of the decision, and, if the application is denied, of the reason or reasons for the denial. No appeal shall lie from a decision to deny a request for employment authorization under this section. The employment authorization may be granted in one year intervals up to the expected date of completion of the student's current course of study. A student has permission to engage in off-campus employment only if the student receives the EAD endorsed to that effect. Off-campus employment authorization may be renewed by the Service only if the student is maintaining status and good academic standing. The employment authorization is automatically terminated whenever the student fails to maintain status.