International students in F-1 status who are experiencing economic hardship based on unforeseen circumstances beyond the student's control may be eligible for a specific work authorization from USCIS.
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 begin until the student receives the work authorization (EAD) card from the U.S. Citizenship and Immigration Services (USCIS).
Students seeking employment authorization based on economic hardship need to apply by mail to USCIS to obtain an EAD, which will be valid for one-year intervals. There is an application fee for the EAD. Students interested in this type of work authorization must discuss their situation with an ISSS advisor.
Eligibility
To be eligible to apply, you 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 your control
- demonstrate that on-campus employment is either unavailable or insufficient to meet your needs. You must make a good faith effort to locate employment on campus before applying for employment authorization based on economic hardship.
How to apply
Request an ISSS recommendation for authorization
You must meet with an ISSS advisor to discuss your eligibility. You will need to provide the following items for ISSS to review
- 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 Office of International Student and Scholar Services will review the documents. ISSS will provide you with an updated SEVIS I-20 with off-campus work authorization certification on page 2.
Prepare and submit your application to USCIS
You must keep in mind that the I-765 application is your personal application for employment authorization. You are responsible for following all USCIS instructions and making sure that the application is correct and complete. ISSS provides general information but cannot correct, edit, or change any information on your application for you. If you have any issues or questions regarding your I-765 application, you will need to work directly with USCIS.
The that adjudicators may review an applicant's social media presence as part of the application review for Form I-765, and adjudicators may deny an application based on negative factors found in that review. Individuals who are submitting an application to USCIS should be mindful of their social media presence.
You will need to prepare a complete application and mail it to USCIS. You should include the following documents in your application:
- - taken within the last 30 days. Write your name and I-94 number on the back of the photos lightly in pencil or ballpoint pen.
- Application Fee of $520 for applications filed by mail.
- U.S. Credit or Debit Card: You must complete to pay your application fee with a credit card or debit card.
- ACH transaction from a U.S. bank account: You must complete to pay with an automatic debit from a U.S. bank account.
- USCIS does not accept payments by check, money order, or cashier's check.
- . Use this form to request a text and/or email when USCIS accepts your I-765 form.
- - on page 3, question 27, enter the code (c)(3)(iii)
- I-20 showing the ISSS recommendation on page 2
- Letter of explanation from you regarding your economic situation
- Supporting documentation confirming the unforeseen and unexpected nature of your economic situation, including bank statements, letters from your sponsor, and any additional evidence that supports your application.
- Copies of all previous I-20s
- Most recent
- Copy of F-1 visa
- Copy of passport ID page
- Copy of any previously issued EAD cards
If you would like an ISSS advisor to review your application before you mail it, you may bring it to advising hours or email a pdf of all documents to intlwork@binghamton.edu.
You must mail your complete application to USCIS using the . Be sure to use a mail service or courier that provides tracking information.
Monitor your mail for additional updates
USCIS may send Requests for Evidence, Notices for a Required Biometrics Appointment, or other crucial information needed in order to process your application. ISSS does not receive any notification when these documents are issued, so you must monitor your mail closely and follow up with any notifications received.
When completing Form I-765, you must submit a passport photo as part of your application, following the instructions on the ISSS website. You will likely be contacted later about an appointment to have your photo taken at a USCIS Application Support Center (ASC), but the photo upload is still part of the initial application.
Once USCIS receives your application, you must monitor your mail for any Requests for Evidence or biometrics scheduling information.
- If you receive a Request for Evidence from USCIS for any reason, email a copy to intlwork@binghamton.edu.
- If you receive a notice that you are scheduled for an appointment at a USCIS Application Support Center (ASC), you should attend that appointment at the location and time scheduled. Review the notice and this for details on what to expect. USCIS provides limited circumstances in which you can reschedule your appointment. If you are unable to attend your appointment as scheduled, review the link above for details about how to establish and reschedule your appointment.
- If you receive a Request for Evidence in addition to an ASC Appointment Notice, you should respond to the RFE after completing your biometrics appointment
It can take up to 3-5 months for the application to be processed by USCIS. Approval is not guaranteed, and you may not begin working until you have received the EAD card from USCIS and are within the dates on the card.
The information contained on this page is provided by the International Student and Scholar Services as a service solely to the international students at 91社区. Utilization of these materials by anyone other than the above-noted intended recipients is strictly prohibited. We try to provide useful information, but we make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained on this page. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent counsel. Neither 91社区 nor International Student and Scholar Services is responsible for any errors or omissions contained in this material, or the results obtained from the use of this information.