Over the past years, some international students experienced fluctuating currency which caused severe economic hardship in paying tuition and fees.

In other scenarios, some students who are financially funded by parents may face financial challenges when their parents lose their jobs.

The U.S. government allows eligible international students who face severe economic hardship to work off-campus as long as they obtain an updated I-20 with the severe economic hardship notation.

That being said, it is worth noting that applying for the Employment Authorization Document (EAD) due to severe economic hardship is associated with a $410 application fee.

Therefore, any international student who would like to explore employment options is encouraged to check out the following blog posts and read through this post closely to determine what meets their needs the best.

Related blog post 1: Special student relief benefits for international students
Related blog post 2: Are F-1 international students eligible for TPS?

Contents

• Eligibility to apply for off-campus employment due to severe economic hardship
• Benefits of working off campus through severe economic hardship
• Application process
• What’s next after receiving the EAD card?

Eligibility

Based on the immigration regulation 8 CFR 214.2(f)(9)(ii)(C), eligible F-1 students should be able to prove that there is…

• “severe economic hardship caused by unforeseen circumstances beyond the student’s control
  • loss of financial aid
  • 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“
• no “other employment opportunities are not available or are otherwise sufficient”

(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. 

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

Benefits of working off campus through severe economic hardship

Unlike the OPT participants who are required to find a position that is directly related to the student’s program of study, the “directly related to major” rule is not listed in the severe economic hardship rule.

In other words, international students who get the EAD (Employment Authorization Document) based on severe economic hardship can engage in any off-campus employment opportunities.

Given that it can take several months for USCIS to adjudicate the EAD application AND the EAD expires on the notice/program end date, graduating international students are not advised to apply for EAD for severe economic hardship.

Now, let’s look at the application process to get the EAD card.

Application process

Based on the severe economic hardship rule 8 CFR 214.2(f)(9)(ii)(D), DSOs (Designated School Officials, commonly called International Student Advisors) are required to review and confirm that…

• “the student has been in F-1 status for one full academic year“
• “the student is in good standing”
• “the student has demonstrated that” the student will continue to be enrolled full-time
• the severe economic hardship was due to unforeseen circumstances beyond the student’s control
• other employment opportunities are not available or otherwise insufficient to meet the needs

Once DSOs confirm that the student meets the criteria, then they can update the student’s immigration record (Form I-20) to write the remark: Severe Economic Hardship employment recommended in accordance with 8 C.F.R. 214.2(f)(9)(ii)(C).

Each authorization can be made for 1-year intervals up to the program end date on Form I-20.

Students who obtain the updated Form I-20 with severe economic hardship notation should complete the I-765, Application for Employment Authorization and pay the filing fee within 30 days from the ‘severe economic hardship I-20’-issued date.

To learn how to complete the form I-765 online, click the following post. Note that the category code for severe economic hardship is (c)(3)(iii).

Related blog post: How to file Form I-765 online for OPT, STEM OPT

When submitting Form I-765, make sure to submit supporting materials that you provided to your advisor (DSO).

What’s next after receiving the EAD card?

F-1 visa holders whose EAD application got approved must start working after they receive the physical EAD card and on and after the “valid from” date on the EAD card.

If they would like to extend the authorized employment end date, they must go through the application process and submit Form I-765 again.

To sum up, eligible international students who experience severe economic hardship can work with the advisor to get the I-20 with the “Severe Economic Hardship employment recommended in accordance with 8 C.F.R. 214.2(f)(9)(ii)(C)” remark.

Then, they can submit Form I-765 to apply for the EAD card. Upon the EAD receipt, the student is authorized to work off-campus.

Since the application fee is about $410 and it takes several months to receive the EAD, students who are deemed to earn more than at least $500 and who have at least 6 months before graduation are the ones who can take full benefit.