Severe Economic Hardship Employment for F-1 Students
Who should buy this package?
Generally, students in F-1 status are not permitted to work off-campus in the United States unless the employment is part of their course of study, or unless a student is on Optional Practical Training (OPT). However, U.S. immigration law does have an exception to this general rule when a student in F-1 status can demonstrate that he or she needs to work because of a “severe economic hardship” caused by circumstances beyond the student’s control. In these circumstances, USCIS can issue a general-purpose Employment Authorization Document (EAD) so that the student can work while continuing his or her education.
- You should buy this package if you are interested in applying for a general-purpose EAD, you are thinking about applying without the assistance of an attorney, and:
- You have been in F-1 status for at least one full academic year;
- You can demonstrate that employment is necessary to avoid “severe economic hardship” due to unforeseen economic circumstances beyond your control;
- You are in good standing with your school;
- You are taking, and will continue to take, a full course load; and
- Employment will not interfere with your studies.
Please note that, according to USCIS, examples of “severe economic hardship” beyond a student’s control include, among other things, 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. If the economic hardship that you are experiencing does not sound similar to those envisioned by USCIS, you should talk to an experienced immigration attorney before filing to see if you qualify.
What is in this package?
- Overview of the process of applying for a severe economic hardship EAD, from start to finish.
- Checklist of forms and evidence that you will need to submit with your application.
- Step-by-step instructions for applying for a severe economic hardship EAD. The step-by step instructions will guide you through the process of collecting necessary evidence, filling out your paperwork, and everything in between.
- Sample Cover Letter. You shouldn’t judge a book by its cover, but USCIS does sometimes judge immigration applications by their cover letters! Following this template will help to ensure that your application is not erroneously rejected in USCIS’s mailroom.
- Example Personal Statements. A major component of any application for a severe economic hardship EAD is an applicant’s personal statement explaining to USCIS the reasons why he or she needs employment authorization. These examples are meant to give you a sense of the sort of information that USCIS needs to know, and to help you identify factors in your own case that might be significant.
- Sample Affidavits. If someone with knowledge of your situation would like to provide an explanation to USCIS about why you need a severe economic hardship EAD, following this template will help to ensure that USCIS gives the written testimony full evidentiary weight.
- Blank Immigration Forms, including the most common forms that are filed with applications for severe economic hardship EADs.
- Frequently Asked Questions, answering some of the most common questions that applicants have when applying for severe economic hardship EAD.
How to use this package?
Follow the step-by-step instructions on how to complete, assemble, and file a successful application for a severe economic hardship EAD with USCIS. The package starts with an overview of the process, provides a checklist of the documents that you’ll need to submit with your application, and provides detailed instructions for how to complete each form. The package also contains instructions for preparing your application for mailing, and an explanation as to what happens after you file. Following the instructions in this package can help you to put together the strongest application possible.
Special instructions
A student in F-1 status is not permitted to work off-campus in the United States until he or she receives an EAD from USCIS. Simply filing an application for a severe economic hardship EAD does not allow a student to pursue general employment in the United States. Students who work without proper USCIS authorization are in violation of F-1 status and may be subject to harsh immigration consequences.