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F-1 students who are experiencing unforeseen financial hardship while studying in the US, may be able to obtain off-campus employment authorization from United States Citizenship and Immigration Services (USCIS) under certain conditions. This authorization may provide real help in difficult circumstances by allowing the student to supplement his or her income enough to meet some living expenses. Economic hardship employment authorization will not, however, enable students to earn enough to bear the cost of full-time course of study required to maintain F-1 student status. Therefore, it should not be seen as a solution for serious financial difficulties.

Eligibility
To qualify for economic hardship employment, immigration regulations require that the student meet the following conditions:

• The student must currently be enrolled full-time and have been in valid F-1 status and in good academic standing for at least one full academic year
• The student must be able to document that the circumstances which led to the economic situation were unexpected and beyond his or her control.
• The student must be capable of continuing full-time studies and maintaining F-1 status while engaged in economic hardship work permission.

Immigration regulations state that unforeseen circumstances may include 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 rate, inordinate increases in tuition and/or living costs, unexpected changes in the financial conditions of the student's source of support, medical bills, or other substantial and unexpected expenses 8CFR§214.2(f)(9)(ii)(C ). Only unforeseen problems can be the basis for hardship employment since, in order to obtain a Form I-20 and enter the United States in F-1 status initially, students had to first demonstrate that all of the financial resources needed for their program of study were available.

Procedure
Students who wish to apply for economic hardship employment authorization should meet with an OIP-ISSS advisor to confirm their eligibility and review the conditions and procedures for applying. It is recommended that the student bring a draft letter explaining the economic need and supporting evidence that documents this. If the OIP-ISSS advisor determines that the student is eligible to apply, the advisor will issue a new Form I-20 with a recommendation for economic hardship employment authorization. The student will then assemble the application and mail it to USCIS.
The complete application packet will include:

• a letter written by the student addressed to USCIS in which is described in detail the circumstances that support the request for economic hardship employment authorization and a statement explaining why other employment options are unavailable or insufficient
• supporting documentation confirming these circumstances, for example, a letter from the student’s department documenting the loss of a scholarship, exchange rate data showing a currency devaluation, or a letter from an accountant confirming unexpected business losses
• completed USCIS Form I-765 (http://www.uscis.gov/forms)  Students should use an address where they can receive mail over the next one to three months.
• two identical color photographs. All photos must meet the specifications for full frontal/passport photos and must not be more than 30 days old when the application is filed. For more information on photo standards visit the Department of State web site.
• I-765 Application Fee (http://www.uscis.gov/forms), payable to the US Department of Homeland Security SEVIS I-20 Form issued by OIP-ISSS with recommendation for economic hardship employment authorization
• photocopies of all I-20s previously issued
• photocopy (front and back) of Form I-94 card (white card, usually stapled in the passport)
• photocopy of the passport information page and the page including the photograph if different
• photocopy of the visa stamp page in the passport (except Canadian citizens, who have no visa)
• photocopy of any previous Employment Authorization Documents (EAD) if applying for a renewal

Once all the items listed above are prepared and the student makes a complete copy for his or her records, the application should be mailed to:
US Citizenship and Immigration Services (USCIS)
Vermont Service Center,
75 Lower Welden Street,
St. Albans, VT 05479-0001

Within a few weeks of sending the application, USCIS will mail a receipt (I-797). The receipt and final decision will be sent to the address written on USCIS Form I-765. Please note that USCIS processing may take up to 90 days.

Employment authorization will begin on the date requested or the date the employment authorization is adjudicated, whichever is later. Students may not begin employment before receiving the EAD; working prior to that time constitutes unauthorized employment.

Conditions and Restrictions of Employment
If USCIS authorizes the economic hardship employment authorization application, the student will receive an Employment Authorization Document (EAD) from USCIS granting permission to work off-campus. Typically, permission is granted for one year or for the remainder of the student’s academic program, whichever period is less. Please also note the following:

• The student may work off-campus for up to 20 hours per week while school is in session and full time during vacation periods.
• The student may work in any job, related or not related to his or her studies.
• The student may not start employment until he or she has received an EAD or before the start date indicated on the EAD.
• Economic hardship employment authorization does not count towards one’s ability to work on-campus or affect eligibility for practical training.
• If the student transfers to another institution, the EAD becomes invalid.

Social Security Number
In order to work in the US, it is necessary to have a valid Social Security Number (SSN). A Penn ID number is not a valid Social Security number. Students may apply for an SSN only after they have been offered a job or upon receipt of work authorization. The Social Security Administration will process the application and later mail a card with a Social Security Number to the student. For more information, see the SSN website.

Taxes
In general, F-1 students who have been in the US for no more than five calendar years are exempt from Social Security (also known as FICA) and Medicare taxes. Students are advised to bring this exemption to the attention of their employers because many employers are not familiar with this provision of tax law.  For more information about the F-1 Social Security and Medicare tax exemption, please see the Tax page. Certain countries have tax treaties with the United States from which students might also benefit.  Students in F-1 status are subject to all other taxes that may apply: federal, state and local.

Employment Eligibility Verification
Within the first three days of beginning work, the F-1 employee and employer must complete a form entitled Employment Eligibility Verification (USCIS Form I-9). This form should be provided by the employer and must be updated each time the employee’s employment permission is renewed.