Chapter 6 - Employment

If authorized, F-1 students may engage in on-campus or off-campus employment. M-1 students may only engage in employment for purposes of practical training.^[1]

A. On-Campus Employment

F-1 students may engage in on-campus employment subject to certain conditions and restrictions.^[2] F-1 status permits students with Designated School Official (DSO) approval to work at an on-campus job for up to 20 hours per week when school is in session.^[3] During vacation periods, students may work on-campus full-time.^[4]

Employment may be performed at off-campus locations that are educationally affiliated with the school and the employment must be an integral part of the student’s educational program.^[5] Students working on campus may be employed by the school itself or by any independent companies serving the school’s needs, such as the school bookstore or cafeteria suppliers providing food on campus premises. The employment must not displace U.S. residents.^[6]

An F-1 student may be employed on-campus for duration of status, but may not begin more than 30 days before the start of classes.^[7] F-1 students engaged in on-campus employment are not required to apply for employment authorization with USCIS.

B. Off-Campus Employment

USCIS may authorize an F-1 student to work off campus on a part-time basis after having been in F-1 status for one full academic year if the student is in good academic standing as determined by the DSO.^[8]

1. Severe Economic Hardship

USCIS may authorize an eligible F-1 student to work off campus on a part-time basis if on-campus employment opportunities are not available or are otherwise insufficient. USCIS may also authorize an eligible F-1 student to work off campus on a part-time basis due to severe economic hardship caused by unforeseen circumstances beyond the student’s control.^[9]

Severe economic hardship may include a loss of financial aid or on-campus employment through no fault of the student; substantial fluctuations in the value of currency or exchange rate; inordinate increases in tuition or living costs; or unexpected changes in the financial condition of the student’s source of support, medical bills, or other substantial and unexpected expenses.^[10]

The DSO must recommend the F-1 student for off-campus employment on the Certificate of Eligibility for Nonimmigrant Student Status (Form I-20) and the student must properly file an Application for Employment Authorization (Form I-765), and receive an employment authorization document (EAD, Form I-766) from USCIS before starting off-campus employment.

USCIS may grant severe economic hardship EADs in 1-year intervals, not to extend past the expected date of completion of the student’s current course of study.^[11] Severe economic hardship EADs may be renewed while the student continues to maintain status and is in good academic standing.^[12] Severe economic hardship employment authorization terminates when the student transfers from one school to another or when the need for employment ceases. If the student is maintaining status, beginning a new educational program at the same school does not terminate the student’s employment authorization.

2. Severe Economic Hardship due to Emergent Circumstances (Special Student Relief)

DHS may suspend certain regulatory requirements for F-1 students experiencing severe economic hardship as a direct result of emergent circumstances.^[13] This suspension, also known as special student relief (SSR), first appeared in the Code of Federal Regulations in 1998.^[14]

Emergent circumstances are events that affect F-1 students from a particular region and create severe economic hardship. These events may include, but are not limited to, natural disasters, financial crises, and military conflicts.

The Secretary of Homeland Security may suspend duration of status, full course of study, and on-campus and off-campus employment regulatory requirements due to emergent circumstances. DHS designates SSR by publication of a Federal Register notice, which provides the start and end dates of the suspension of those requirements.

Lawful Status

Generally, DHS considers an F-1 student to be in lawful status if the student is pursuing a full course of study at an approved educational institution.^[15] However, when DHS designates SSR by publication of a Federal Register notice, eligible students may reduce their full course of study as a result of accepting employment authorized by the Federal Register notice.

DHS considers an F-1 student to be in lawful status during the period of authorized employment, subject to any other conditions specified in the notice, provided that for the duration of the authorized employment, the student is:

• Registered for at least the minimum number of semester or quarter hours of instruction per academic term as specified in the Federal Register notice; and
• Is continuing to make normal progress toward completing the student’s course of study.

When DHS designates SSR by publication of a Federal Register notice, the number of semester or quarter hours of instruction per academic term cannot be less than 6 semester or quarter hours if the student is at the undergraduate level or one half of the credit hours normally required under a full course of study if an undergraduate student is enrolled in a term of different duration. A student at the graduate level must remain registered in a minimum of 3 semester or quarter hours of instruction.^[16]

Students enrolled in kindergarten through grade 12 at a private school or grades 9 through 12 at a public high school must maintain the minimum number of hours of class attendance per week prescribed by the academic institution for making normal progress toward graduation.^[17]

Eligibility Criteria

For an F-1 student to be eligible for SSR, the DSO must certify in the Student and Exchange Visitor Information System (SEVIS) that the student:

• Is a citizen of a country specified in the Federal Register notice or, if such eligibility is specified in the SSR notice, a person having no nationality who last habitually resided in the specified country;
• Was lawfully present in the United States in F-1 status on the date of publication of the Federal Register notice;
• Is enrolled in a school certified by U.S. Immigration and Customs Enforcement’s (ICE) Student and Exchange Visitor Program (SEVP);
• Is currently maintaining F-1 status; and
• Is experiencing severe economic hardship as a direct result of the emergent circumstances specified in the Federal Register notice.

The DSO should note any specifics, as ICE SEVP recommends, in the remarks section of the F-1 student’s Certificate of Eligibility for Nonimmigrant Student Status (Form I-20).^[18]

C. Documentation

1. On-Campus Employment

An F-1 nonimmigrant student authorized by the student’s DSO to engage in on-campus employment by means of the Federal Register notice does not need to file an Application for Employment Authorization (Form I-765) with USCIS.^[19]

To engage in on-campus employment more than 20 hours per week, consistent with a designation of SSR, the F-1 student must demonstrate to the DSO that the employment is necessary to avoid severe economic hardship resulting from the emergent circumstances, and the DSO must notate the student’s Form I-20 in accordance with the Federal Register notice.^[20]

2. Off-Campus Employment

An F-1 nonimmigrant student authorized by the student’s DSO to engage in off-campus employment must file a Form I-765 with USCIS and include a copy of a properly endorsed Form I-20 with the filing. An F-1 student must receive employment authorization and an EAD from USCIS before engaging in off-campus employment.^[21]

To engage in off-campus employment more than 20 hours per week consistent with a designation of SSR, the F-1 student must demonstrate to the DSO that the employment is necessary to avoid severe economic hardship resulting from the emergent circumstances, and the DSO must notate the student’s Form I-20 in accordance with the Federal Register notice.^[22]

USCIS may only grant off-campus employment authorization due to severe economic hardship for up to 1 year,^[23] unless the Secretary of Homeland Security suspends the applicability of this requirement through publication of a Federal Register notice. If the 1-year limitation is suspended, USCIS may grant SSR employment authorization for the duration of the Federal Register notice validity period, but the period of authorization may not exceed the F-1 student’s academic program end date.

3. Existing Employment Authorization

If an F-1 student already has off-campus employment authorization, they may benefit from SSR without applying for a new EAD. To benefit from SSR in this context, the F-1 student must request that the student’s DSO update the remarks field of the F-1 student’s Form I-20, in accordance with the Federal Register notice.

An F-1 student authorized by a DSO for on-campus employment does not need to apply for an EAD solely because of publication of a Federal Register notice if the F-1 student does not seek to engage in off-campus employment. If consistent with the Federal Register notice, the F-1 student may drop below what would otherwise be the minimum course load. In such a case, the F-1 student must request that the DSO update the remarks field of the F-1 student’s Form I-20, in accordance with the Federal Register notice.

D. F-1 Student Sponsored by an International Organization

An F-1 student who has been offered employment by a recognized international organization^[24] must apply for employment authorization from USCIS.

A student seeking employment authorization under this provision is required to present a written certification from the international organization that the proposed employment is within the scope of the organization’s sponsorship; a Form I-20 with the employment page completed by the DSO certifying eligibility for employment; and a completed Form I-765 with the required fee.

An F-1 student must receive employment authorization and an EAD from USCIS before engaging in off-campus employment.

Footnotes

[^ 1] See Chapter 5, Practical Training, Section E, M-1 Practical Training [2 USCIS-PM F.5(E)]. See 8 CFR 214.2(m)(13) and 8 CFR 214.2(m)(14).

[^ 2] See 8 CFR 214.2(f)(9)(ii)(A).

[^ 3] See 8 CFR 214.2(f)(9)(i).

[^ 4] See 8 CFR 214.2(f)(9)(i).

[^ 5] See 8 CFR 214.2(f)(9)(i).

[^ 6] See 8 CFR 214.2(f)(9)(i).

[^ 7] See 8 CFR 214.2(f)(9)(i).

[^ 8] See 8 CFR 214.2(f)(9)(ii)(A).

[^ 9] See 8 CFR 214.2(f)(9)(ii)(C).

[^ 10] See 8 CFR 214.2(f)(9)(ii)(C).

[^ 11] See 8 CFR 214.2(f)(9)(ii)(D).

[^ 12] See 8 CFR 214.2(f)(9)(ii)(F)(1).

[^ 13] See 8 CFR 214.2(f)(5)(v) and 8 CFR 214.2(f)(9).

[^ 14] See 63 FR 31872 (PDF) (June 10, 1998). For more information on special student relief (SSR), see DHS’ Special Student Relief webpage.

[^ 15] See 8 CFR 214.2(f)(5)(i).

[^ 16] See 8 CFR 214.2(f)(5)(v).

[^ 17] As required under 8 CFR 214.2(f)(6)(i)(E).

[^ 18] For more information, see the DHS Special Student Relief webpage.

[^ 19] For more information regarding on-campus employment, including locations where it must be performed and application procedures, see 8 CFR 214.2(f)(9)(i).

[^ 20] See 8 CFR 214.2(f)(9)(i).

[^ 21] For general guidance on the adjudication of the Application for Employment Authorization (Form I-765), see Volume 10, Employment Authorization, Part A, Employment Authorization Policies and Procedures, Chapter 4, Adjudication [10 USCIS-PM A.4].

[^ 22] See 8 CFR 214.2(f)(9)(ii).

[^ 23] See 8 CFR 214.2(f)(9)(ii)(D). Employment authorization is automatically terminated whenever the student fails to maintain status. See 8 CFR 214.2(f)(9)(ii)(F)(2).

[^ 24] See 8 CFR 214.2(f)(9)(iii). The international organization must be recognized according to the International Organizations Immunities Act, Pub. L. 79-291, 59 Stat. 669 (December 29, 1945).