Carnegie Mellon University

5000 Forbes Avenue

Warner Hall, Third Floor
www.cmu.edu/oie
Pittsburgh, PA 15213
Students & Scholars: oie@andrew.cmu.edu
Tel: 412.268.5231
Study Abroad: goabroad@andrew.cmu.edu
Fax: 412.268.7832

Employment Based on Severe Economic Hardship

Explanation
As an F-1 student, you may only work off campus in the US if you have received special work authorization
approved by US Citizenship and Immigration Services (USCIS). This handout will explain one type of USCIS
work authorization called “employment based on severe economic hardship.” Employment based on severe
economic hardship is designed to address situations where a financial need beyond the student’s control arises,
which was unforeseen at the time the student applied to the school he or she is currently attending and after all
other potential employment opportunities have proven insufficient. Examples of unforeseen economic hardship
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 condition of the student’s source of support,
• Medical bills, or,
• Other substantial and unexpected expenses.
USCIS CAN TAKE UP T0 90 DAYS TO AUTHORIZE EMPLOYMENT BASED ON SEVERE ECONOMIC
HARDSHIP, SO YOU SHOULD APPLY AT LEAST 3 MONTHS BEFORE YOU PLAN TO WORK.

Conditions and Limitations

1. You must prove to USCIS that employment is necessary due to severe economic hardship based on
circumstances beyond your control that arose after obtaining F-1 status.
2. You must have been enrolled as a full-time student in legal immigration status for at least one academic
year before you may be eligible for employment based on severe economic hardship.
3. The work does not need to be related to your course of study. Employment based on severe economic
hardship is designed for off-campus employment but can be done on-campus.
4. Authorization is granted in one-year intervals up to the expected date of completion of studies. You
must reapply to the USCIS each year to renew this work authorization. Authorization ends if you
transfers schools.
5. Limited to 20 hours per week while school is in session. Can be full-time during official school breaks.
6. Use of this category does not count towards the 20-hour on-campus maximum, nor does it effect
eligibility for practical training.
7. Offer of employment is not required as a condition of eligibility.
8. YOU CAN NOT WORK OFF-CAMPUS UNDER ANY CIRCUMSTANCES UNTIL YOU HAVE
BEEN RECOMMENDED BY THE FOREIGN STUDENT ADVISOR AND AUTHORIZED BY U.S.
CITIZENSHIP AND IMMIGRATION SERVICES.

Application Process
Your application must be approved by USCIS before you can begin employment. The process may take several
months, therefore, APPLICATIONS SHOULD BE SENT AS EARLY AS POSSIBLE. Approval from USCIS
comes in the form of a small photo ID card called an “Employment Authorization Document” or “EAD” card.
To apply, follow the steps below.

STEP 1: Be Informed
Read this handout thoroughly and completely.

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STEP 2: Document the Circumstances Causing the Economic Need
Write a statement describing the economic need and attach backup documentation; for example, a letter from
home telling of a change in family circumstances or proof of a currency devaluation in your home country.
Explain why other employment options are unavailable or insufficient; also provide information regarding your
assets, income and expenses.

STEP 3: Make an Appointment with a Foreign Student Advisor

Call 412-268-5231 and make an appointment to see the foreign student advisor as soon as possible. You will
need to bring your passport, I-20, I-94 and information and documentation about the circumstances causing the
economic need. The foreign student advisor will review your situation with you.

STEP 4: Complete the USCIS Application Materials

Once you have received the recommendation from the Foreign Student Advisor in the form of a new I-20; you
will need to put the rest of the application together, make copies of all the paperwork for your files, and send the
entire application to the USCIS to complete the authorization procedure.

HERE IS WHAT YOU MUST SEND TO USCIS:

‰ A $340 check payable to “U.S. Citizenship and Immigration Services” or “USCIS”.
‰ Original I-765 form completed by you with your original signature – 2/8/07 version ONLY (see bottom
right corner of form). The code for economic hardship in item #16 is (C)(3)(iii). Note that the address
you use must be valid for at least 3 months from the time you send the application. The U.S. Postal
Service will not forward the EAD card even if you leave a forwarding address. You may choose to use
OIE as your mailing address. If so, put the address as:
Carnegie Mellon University, OIE Warner 3rd Fl., 5000 Forbes Ave., Pittsburgh, PA 15213
‰ Cover letter/checklist explaining that you are applying for employment based on severe economic
hardship and listing the contents of the mailing;
‰ Letter (statement) explaining the circumstances of the hardship;
‰ Supporting materials documenting the unforeseen nature of the economic hardship and, to the extent
possible, the unavailability of on-campus employment to meet the need;
‰ Copies (front and back) of all previous “old style” and pages 1 and 3 of all SEVIS I-20 documents
dating back to beginning of F-1 status;
‰ Copy of I-94 (front and back);
‰ Copy of the most recent I.D. page(s) of your passport showing your name and passport expiration date;
‰ Copy of the most recent U.S. visa stamp (in a page of your passport);
‰ Two “passport” photos. More details about can be found at: www.travel.state.gov/passport/pptphotos/index.html.
In pencil, print your name and write your admission number (I-94#) on the back of each photo. Passport
photos can be obtained from: FedEx/Kinkos Mailboxes, Etc.
University Center, Lower Level 414 South Craig Street
412-268-3737 412-687-6100
‰ Copy of a previously issued EAD card if available.

STEP 5: Mail the Application Pack To USCIS

When you have completed the entire application, make a complete copy for your files, organize the materials as
neatly as possible, in the order of the checklist above, and send all of the above items to the appropriate USCIS
Service Center having jurisdiction over your place of residence. For those living in Pennsylvania the address is:

USCIS Vermont Service Center

75 Lower Welden St.
St. Albans, VT 05479-0001
We recommend that you send the application via an express mail carrier or via US registered mail “return-
receipt requested” so that you have proof of delivery. Your permission to begin employment is not finalized
until you have received an “Employment Authorization Document (EAD)” from the USCIS.

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STEP 6: Wait For the EAD
Within one month of sending the application to the USCIS, you should get a standard receipt notice stating that
USCIS has received the application and that it will take 80 days to process (this is not an actual estimate, but is
the time stated in every letter). If you do not get this letter within 6 weeks contact an advisor for more
information. The case number in the top left corner of this receipt notice can be used to call USCIS or to check
case status online (http://www.uscis.gov) to check on your case. NOTE: OIE suggests that you do not throw
away your EAD card even after it expires. If you apply for employment authorization again, you will be asked
to show proof of previous employment authorization in the form of a copy of previously issued EAD card(s).

REMEMBER IT IS ILLEGAL TO WORK BEFORE YOU RECEIVE THE CARD. ONCE YOU RECEIVE
THE CARD, YOU ARE AUTHORIZED TO WORK ONLY FOR THE DATES ON THE CARD. WORKING
IMPROPERLY OR WITHOUT AUTHORIZATION IS A SERIOUS VIOLATION OF YOUR STATUS AND
COULD LEAD TO DEPORTATION FROM THE US.

Other Important Information

A. Actual date employment may begin: You may not begin work until the following requirements are
satisfied: 1) you have obtained an EAD from the immigration service and 2) the date is reached when
the EAD authorizes employment to begin.

B. Employment Eligibility Verification

When you begin work, you and your employer must complete a form entitled “Employment Eligibility
Verification” (USCIS Form I-9), which the employer retains. The I-9 must be updated each time you
receive a renewal of your work permission. This form requires you to document your identity and work
authorization according to directions on the back of the form. An example of the documents you may
choose to present are: your EAD card, I-20, valid passport, and I-94 card. Your employer, who keeps
Form I-9, may make copies of the documents you submit, and return the originals to you. You will also
need a social security number (SSN). If you do not already have a SSN, or if you have a card which is
marked “not valid for employment” take your passport, I-94 Departure Record, form I-20, and your
EAD card to the office of Social Security Administration, and apply for a new Social Security card.
Note that your number will remain the same if you already had one, but the notation on the card should
change to indicate that employment is valid with authorization.

C. Social Security and Other Taxes

In general, F-1 students who have been in the US fewer than five years are “non-residents for tax
purposes” and are exempt from Social Security (FICA) and Medicare taxes (see Internal Revenue
Service Publication 519, “U.S. Tax Guide for Aliens”). However, your earnings are subject to
applicable federal, state, and local taxes. Tax returns must be filed on or before April 15 each year for
the previous calendar year, which will determine if any of the withheld taxes can be refunded.

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