F-1 Student Visa

An F-1 student visa is a nonimmigrant visa issued to foreign nationals who wishes to attend an academic program or English Language Program at a United States accredited college or university. An F-1 visa holder can remain in the country until the completion of his/her program. F-1 students are expected to complete their studies by the expiration date on their I-20 (Certificate of Eligibility for Non-immigrant Student Status) which is provided by the United States college or university which the foreign national has been accepted to attend. Upon completion of their academic program, F1 visa holders are given the option of working in the United States for a limited period under the Optional Training Program (OPT).

The application process for F-1 visa starts with getting accepted into a United States college or university. It is important to understand that each university or college have their own admission criteria. However, regardless which university you choose to attend, there are certain uniform requirements set out by the United States Department of Homeland Security. The F-1 visa is a great pathway to immigrate to United States, but it has to be done right in order to avoid breaching US immigration law which could be very detrimental to your goal of living the American Dream.

Economic Hardship Work Authorization

F-1 students may work on campus without approval from USCIS until they complete their course of study. The F-1 nonimmigrant admission notation on their Form I-94 usually states “D/S” indicating duration of status. However, if you are an F-1 student experiencing severe and unexpected financial hardship while studying in the United States, you may be able to obtain off-campus employment authorization from USCIS to work for any employer. This authorization allows you to work in order to meet some of your living expenses. Economic Hardship work authorization is extremely difficult to get approved, and you should consult an experienced immigration attorney before making this application.

Eligibility

To qualify for economic hardship employment, you must meet the following conditions:

You have been in F-1 status for at least one full academic year (two semesters)
You must be able to document the circumstances which led to your economic situation were unforeseen, unexpected and beyond your control.
You must maintain your status by being enrolled in school full time during the spring and fall semesters when school is in session and demonstrate that your employment off campus will not negatively affect your academic work.

Conditions & Restrictions

Your DSO must issue you a new I-20 with economic hardship recommendation
Economic hardship employment authorization cards are issued in increments of one year at a time until your date of graduation (end date on I-20).
If you transfer from one school to another, the work authorization expires immediately.
Employment is limited to 20 hours a week when school is in session (spring and fall) and full time (more than 20 hours) during official school breaks (spring break, summer session, winter break and session).
You are still required to maintain full-time enrollment during the semesters
You can seek any job and the employment does not have to be related to your course of study.
Economic hardship does not affect your ability to be eligible for optional practical training (OPT).

Examples of unforeseen circumstances beyond your control include:

Death or severe illness of the financial sponsor
Loss of scholarship by no fault of the student
Substantial inflation of home currency rate
Natural disaster in home country that shows family has been directly affected
Unexpected and severe increase in tuition, fees or living expenses
Unforeseen and unexpected medical expenses of a family member, such as emergency surgery

Free Consultation

We are here for you! Contact our office to discuss your immigration options and if F-1 visa and/or economic hardship work authorization is the right path for you.