Severe Economic Hardship Work Permit

“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)]

It is rare that Boise State University F-1 students are eligible for a severe economic hardship work permit. Further, even in extreme, extenuating circumstances approval by USCIS is not always granted.

The application takes several months to be adjudicated by USCIS (3-5 months). If you have an immediate financial need, you may consider applying for Boise State University’s Student Emergency Fund through the Dean of Students Office. The fund provides short-term financial assistance (up to $500) to students who are in danger from withdrawing during a semester due to unanticipated, temporary financial hardships resulting from emergency or crisis situations (e.g., accident, illness, death of a family member). The Dean of Students Office also operates the Campus Food Pantry and can connect you with other community resources. Please also talk with an advisor in the International Student Services Office if you need additional support.

Severe Economic Hardship Work Permit

Overview

Length of work authorization: Up to one year (or earlier if you transfer universities, change degree programs, fall out of F1 status, or finish your degree.)

You must first apply for economic hardship with USCIS to receive employment authorization. To this end, the USCIS application fee is $470. This fee is nonrefundable, even if your application is denied.

Time for USCIS decision: approximately 3 months

Employment allowed: total of 20 hours per week during the academic year. You can work more than 20 hours per week during semester breaks. Note: The 20 hours per week allowed through economic hardship and the 20 hour per week on-campus work authorization do not add to each other. The maximum hours you are allowed to work is 20 hours total each week. Keep in mind that Boise State University graduate assistantship positions account for 20 hours per week of employment.

To qualify under this provision you must demonstrate that the employment is necessary to avoid a severe economic hardship due to unforeseen circumstances beyond your control and that on-campus employment opportunities are unavailable or insufficient to meet your needs (ex. less than 20 hours per week are available).

Eligibility to Apply

Remember that eligibility only refers to the ability to apply and does not mean qualification for approval.

Full-time student, in F-1 status for at least one academic year at Boise State University
Good academic standing
Employment will not interfere with full-time successful academic study and will not interference with the student’s academic commitments (i.e. class attendance, exams, assignments and other responsibilities).
Unexpected and severe economic hardship (a substantial change in the availability of funding, based on the currently listed funding source(s) on your I-20)

Examples of Hardship

Unexpected loss of financial aid or on-campus employment (through no fault of your own).
Substantial fluctuations in the value of currency or exchange rate.
Unexpected changes in the financial condition of the source of support (ex: parents losing business, bankruptcy of sponsoring institution, sponsor’s death etc.).
Unplanned medical bills.
Other substantial and unexpected expenses.

Reasons for Denial

USCIS has specifically stated that applications based on the following reasons will be denied:

Loss of scholarship when going beyond time for which scholarship was granted or exceeding program eligibility limit for funding.
Failure to give evidence of the hardship; both pre-and post-event documentation is required.
Internet articles of conditions in home country that don’t demonstrate how the financial sponsor was individually affected.
Parents retiring or other siblings going to school.
Medical condition existent prior to the time the I-20 was issued.
Increasing tuition (it is common knowledge that tuition is expected to increase each year).

Application Process

The first step is to meet for immigration advising through International Student Services, at the Center for Global Engagement. You may discuss your individual circumstances and explore your eligibility to apply. Please be advised that there may be other options for you, including opportunities that fit better and are easier to obtain, including on-campus work opportunities or internships related to your major under CPT work authorization.

A committee comprised of members of the Center for Global Engagement will review applications for the Economic Hardship work permit. This committee determines initial eligibility to apply. If eligible, you will be issued a new I-20 to use in your application with USCIS.

Economic Hardship I-20 request

We encourage you to be realistic about your financial situation and the impact this work permit might have. Part-time, off-campus work will not be sufficient in most cases to pay all tuition costs and living expenses, and USCIS may deny your request if the need is too great.

Application with USCIS

To apply for employment authorization with USCIS you will need the following documents:

Letter explaining severe economic hardship. In this letter, you should discuss the hardship situation, your effort to find on campus employment, and include a list of all income, assets, and expenses.
Copies of current passport, visa and I-94 (www.cbp.gov/i94);
Current I-20 endorsed for Economic Hardship work permit application;
Form I-765 (www.uscis.gov/forms);
2 passport-style photos;
Check or money order made out to “Department of Homeland Security” for $470 USD;

It can take USCIS approximately 3 months to process an application for work authorization based on economic hardship. Many times economic hardship cases are not approved. If your case is denied, you do not get your application fee refunded.