Instructions and Forms
I. Introduction
This program helps F-1 students who face severe economic hardship due to unexpected
or unanticipated changes in their financial circumstances. These may include the
loss of financial aid or on-campus employment due to no fault of the student,
substantial fluctuations in currency or exchange rates, unexpected changes in
the financial condition of the student's source of support, medical bills, or
other substantial and unexpected expenses. With this permission students are limited
to part-time employment (a maximum of 20 hours per week) and must maintain a full
course of study. During vacations and holiday periods (e.g. summer and winter
Break), students may work full-time.
II. Eligibility
Prior to admission to the university and receiving your F-1 visa, you had to
verify the ability to pay for your education and living expenses. Circumstances
can change, though, making it hard to meet expenses. This category of employment
authorization recognizes that "unforeseen circumstances beyond the student's
control" provide legitimate reasons to request off-campus work permission.
To be eligible for this permission you need to demonstrate eligibility by answering
'yes' to the following questions:
- Have I been in F-1 status for one academic year (fall, winter and spring quarters
or fall and spring semesters)?
- Am I in good academic standing and registered as a full-time student?
- Have I made a serious attempt to find on-campus work?
- Can employment off-campus earn more money than on-campus work?
- Can I demonstrate that my changed circumstances are unexpected, beyond my
control, and are causing financial hardship?
It is important to understand that unexpected or unforeseen financial difficulty
does not include failing to receive a teaching assistantship, on-campus job or
additional scholarship after you arrive in the United States. For this type of
work permission, only your financial need is a factor in the application. Neither
the value of the work experience nor the employer's need for someone with your
abilities is taken into account during the application review process. Examples
of unforeseen or unanticipated situations might include:
- An unexpected change in your financial source, which could be family, home
government, or sponsor.
- Sudden currency devaluation or imposition of currency controls back home
- The reduction or elimination of University financial aid through budget changes
or a professor leaving the University and taking related grant money as well.
- Unexpected and necessary expenses such as medical bills
If you meet any of these eligibility requirements, you may qualify to apply
for Economic Necessity work permission based on Severe Economic Hardship. Remember
that USCIS, and not ISSS, makes the decision on your application.
III. Important Points
1. Economic necessity work permission, though very helpful to a student experiencing
financial need, is not a short-term proposition. It usually takes 3-4 months to
obtain the permission and so should be sought before a student's financial situation
becomes critical.
2. Receiving this type of work authorization does not affect your eligibility
for Optional Practical Training permission based on your program of study.
3. This type of work authorization may be combined with other types of work
permission, however the maximum hours of employment may not exceed 20 hours/week
while in a full course of study.
4. If you graduate or leave school prior to your work authorization expiring,
you must cease employment immediately since work authorization approval was connected
to your original school and program of study.
IV. Application Materials (forms are
in .pdf format) 
To apply for Economic Necessity work permission based on Severe Economic Hardship
the applicants needs to assemble all of the materials listed below and schedule
an appointment with an ISSS advisor. It is advisable, if you
are planning to submit this kind of an application, to send a draft of your letter
of explanation to an advisor for review before coming in for the appointment.
A. Application Checklist:
1. Letter explaining your situation;
2. Documentation supporting case;
3. Form I-765 Application for Employment Authorization
4. Original I-20;
5. Copies of your visa, passport (all pages needed to show picture, full name,
date of birth and expiration date of passport) and I-94 card
6. Two photographs using passport specifications
7. Personal check or money order in the amount of $340.00 made payable
to the Dept. of Homeland Security; and
8. Document Request Form
B. Letter of Explanation
Draft a one-page letter to USCIS explaining the nature of your severe economic
hardship and the unforeseen circumstances that have caused it. According to government
regulations, "these circumstances may include loss of financial aid or on-campus
employment without fault on [your] part, 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 [your] source of support, medical
bills, or other substantial and unexpected expenses."
The letter should also include a budget showing the cost of tuition, fees and
living expenses, and an explanation of how you paid these costs in the past. You
also need to estimate how long your difficulties will continue and explain how
possible earnings will solve your financial problems. Be specific about the nature
of your case and mention attempts you have made to meet financial needs. This
letter should demonstrate to the immigration service that working off-campus will
allow you to earn enough money to meet your financial need.
C. Documentation Supporting Case
It is important to use supporting information to strengthen your application
for work permission. If your financial need is a result of a severe devaluation
in your country's currency, include articles and other sources that explain the
situation. A good source of information on changes in currencies is the website OANDA which has currency exchange rate information going back several years.
Other good sources for articles and information are the BBC and The Economist. If the nature of your financial need is as a result of a family change, such as
a relative who has become ill or unable to work, include related documentation
as well. Letters from doctors or employers can also help strengthen your case.
The purpose of supporting documentation is to help convince the immigration service
that your need is real and unexpected.
D. Completing Form I-765
Some of the questions that give students difficulty are as follows:
#10. Enter the eleven-digit serial number from your I-94 Departure Record card,
the white card attached to your passport.
#11. Check Yes to this question only if you have applied to USCIS for permission
(CPT is not an application to USCIS) in the past.
#14. Enter "Student"
#15. Enter "F-1 Student."
V. Renewing Your Application
If your financial difficulties continue you can apply for additional work permission.
There is no limit to how long a person may receive Economic Necessity work permission.
VI. Tracking Your Application
Within a few weeks of mailing your application, USCIS will send
you a notice of receipt via the I-House on Form I-797. Once you
have picked up the receipt, you can go to the USCIS Case Status Online website to enquire about the status of your application. Use the
reference number (LIN #) listed on your receipt. When work authorization
has been approved, your EAD (work authorization card) will be mailed
to the I-House and you will be notified for pick-up.
VII. Starting Work
In order to begin receiving payment, your will need a Social Security number, which
can be applied for at a local Social Security Administration office. Take your
passport,
I-94 Departure Record card, Form I-20, and EAD to an office
of the Social Security Administration. Before commencing employment, your employer will require you to complete Form
I-9, which documents both your identity and your authorization to work. For Form
I-9, your EAD card is acceptable proof for both identity and work authorization.
VIII. Social Security And Other Taxes
Social Security
In general, as an F-1 or J-1 student, you will be exempt from Social Security (F.I.C.A.) taxes for your first five years in the United States, as long as you continue to declare non-resident status for tax purposes.
Income Tax
Income earned in the United States, including assistantships, is usually subject to any federal, state, or local income regulations that apply. Unless you qualify under a tax treaty between the United States and your home government, employers are required by law to withhold those taxes from your paychecks.
When to File Tax Returns
Annual filing of tax returns is mandated each year by April 15th.
Miscellaneous Tax Information
For more tax information please refer to: http://www.du.edu/intl/isss/taxresources.pdf
International Student and Scholar Services organizes an informational tax seminar each year during the Winter Quarter. Please contact the International Student and Scholar Services for further information.
NOTE: International Student and Scholar Services does not provide tax advice and students may wish to refer individual questions to a specialist in international taxation.
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