Economic Hardship

Purpose

• Definition: Economic Hardship Employment Authorization is a temporary employment benefit for F-1 students who have been maintaining F-1 status in the U.S. This authorization is granted to students who have experienced documented unforeseen and severe economic hardship caused by circumstances beyond their control, especially when other employment opportunities (such as on-campus employment) are not available or are insufficient.
• Application process: U.S. Citizenship and Immigration Services (USCIS) review and approve Economic Hardship employment authorization applications. The current filing fee is $410 (non-refundable), with an average processing time of 90 to 120 days.
• Employment Authorization Document (EAD): Students will receive EADs upon approval. The EAD is the student's official work authorization in the U.S. Under this authorization, students may work part-time (20 hours per week or less) while school is in session and work full-time (up to 40 hours per week or less) during holidays or school vacations.
• Length of authorization: Economic hardship employment authorization will only be granted for a maximum of 1 year, or until students' expected date of graduation (whichever is less).
• Types of job allowed:Jobs are not restricted to the applicants' fields of study/major.
• Renewal is possible: If students are still experiencing economic hardship, have not yet graduated, and wish to extend employment authorization, they will need to apply for renewal. Economic Hardship employment authorization can be renewed only if students are maintaining full-time status and are in good academic standing.
• Termination: Economic Hardship employment authorization is automatically terminated when the EAD end date is met, students fail to maintain F-1 status, or transfer their I-20 to another school. Economic hardship employment authorization does not affect the Curricular Practical Training (CPT) or Optional Practical Training (OPT).

Unforeseen and severe circumstances

• Loss of financial aid or on-campus employment without fault on the part of the student;
• Substantial fluctuations in the value of currency or in the exchange rate;
• Unusually high increases in tuition and/or living expenses;
• Unusually high medical bills;
• Other substantial and unexpected expenses

See USCIS' Special Situations. 

Attention

• Students must carefully consider their own situation before applying for Economic Hardship.
• F-1 advisors cannot determine the chances of approval.
• Previous students have received denials for their Economic Hardship applications due to the inability to produce supporting documentation, such as personal and sponsors' bank statements, showing economic hardship.

• Be in valid F-1 status
• Be physically in the U.S. 
• Fulfilled one-year full-time requirement in F-1 status. This employment authorization is not available for students who have just arrived in the U.S. or are in their first year of the program.
• Make a good faith effort to find on-campus employment before applying for the economic hardship employment authorization.
• In good academic standing (2.0 GPA for undergraduates/3.0 GPA for graduates)

It is essential for students to prepare strong evidence/supporting documentation that proves: 

• Acceptance of employment will not interfere with carrying a full course of study.
• The off-campus employment is necessary to avoid severe economic hardship due to unforeseen circumstances beyond their control.
• On-campus employment is unavailable or is not sufficient to meet the needs that have arisen due to the unforeseen circumstances.

To request an I-20 with the Economic Hardship employment authorization request, complete an online Updated I-20 Request Form and upload a letter of explanation and evidence/supporting documentation. The letter of explanation must be dated and signed by the student.

An F-1 international student advisor will review the request. If eligible, the advisor will issue the student an updated I-20 with the SSR off-campus employment authorization request on the second page of the I-20. The I-20 will be emailed to the student’s SF State email account within 5 business days.

Students must mail Form I-765 along with supporting documentation to the U.S. Citizenship and Immigration Services (USCIS). Online filling is not available.

Applicants should include the following documents in their application package:

• A completed and signed Form I-765, Application for Employment Authorization
  • Download Form I-765.
  • Complete Form I-765 by following the instructions.
  • Type (C)(3)(iii) under Part 2. Information About You, question number 27 Eligibility Category for Economic Hardship
• A signed I-20 with Economic Hardship off-campus employment authorization: Print the I-20 and sign it with a blue pen.
• Letter of explanation: The letter must be dated and signed.
• Evidence/supporting documentation demonstrates severe and unforeseen economic hardship.
• Two U.S. passport-style photos: Follow the instructions for passport photo requirements. Write the applicant's full name and I-94 number gently at the back of the photos. Place the photos in a small envelope for protection.
• Most recent I-94: Print I-94 at www.cbp.gov/i94
• Official transcripts: Transcript must be in a sealed envelope
• Photocopies of previous Employment Authorization Document (EAD) (if any)
• Filing Fee $410 or Form I-912, Request for Fee Waiver
  • Submit filing fee: See Filing Fees | USCIS. Follow the instructions carefully.
  • Applicants can also request a fee waiver. USCIS established a fee waiver process if students demonstrate that they are unable to pay the filing fees. Visit the Additional Information on Filing a Fee Waiver.
• (Optional) G-1145, E-Notification of Application/Petition Acceptance: If students would like to receive a receipt notification of their application electronically either via email or text, complete this form

• Find the correct address to mail the application. Go by Direct Filing Addresses for Form I-765. Look for the “Foreign Students”, (C)(3)(iii) category.
• Students must mail their application within 30 days of the new I-20 issuance date. The issuance date is typically a couple of days before the I-20 print date located next to the F-1 advisor's signature.
• Please account for mailing time. USCIS will reject the application if it is received 30 days after the I-20 issuance date. If a student fails to mail their application within 30 days of the new I-20 issuance date, they must contact f1@sfsu.edu and request a new I-20.

I-797C Notice of Action

• USCIS will mail a paper I-797C notice to students' address after they received the filing fee, Form I-765, and supporting documentation.
• The “Received Date” on the notice is the date when the USCIS begins processing the application. If students do not receive any I-797C notice within 3 weeks after mailing their application, request the receipt letter to be sent to them by using the USCIS online tools.
• Students can check the status of their application by entering their receipt number under “Check your case status” at http://www.uscis.gov/.

Request for Evidence (RFE)

• USCIS will send a Request for Evidence (RFE) to ask for more supporting documentation when needed.
• An RFE does not mean that the application has been rejected. It simply means that they need to provide the missing and/or additional documents before their EAD can be issued.
• USCIS gives applicants 30 days to respond to the RFE. The application will be denied if students fail to respond to the RFE before the response deadline.
• Receiving an RFE might delay the processing of the application.
• Students should reach out to an F-1 advisor before responding to an RFE.

Approval/Denial Notice

• USCIS will mail students an I-797 (It is different from I-797C notice) letter at their mailing address regarding the approval or denial.

Employment Authorization Document (EAD)

• Students cannot begin employment until they have received their EADs, and the EAD's 'valid from' date is met.