SPECIAL F-1 VISA SITUATIONS

When you are living and studying in the United States on an F-1 student visa, your wallet can empty out quickly. Out-of-state tuition, books, and housing add up, and your on-campus employment may not be much of a help.

Fortunately, the United States Citizenship and Immigration Service (USCIS) considers special situations that may warrant the granting of an Employment Authorization Document (EAD) to an F-1 visa student. Of course, this is done per their discretion, rather than a guarantee.

What does USCIS consider a special situation?
USCIS realizes that natural catastrophes and other extreme occurrences can affect one’s immigration needs. In such situations, CIS can consider certain requests on a case-by-case basis.

Some of the entreaties that USCIS will evaluate include those for delayed extensions or changes of status; fee waivers; and employment authorizations for F-1 visa students. This article will focus on the third type of request. 

Severe Economic Hardship to F-1 Students
Caused by Unforeseen Circumstances
If an F-1 visa student experiences severe economic hardship because of unexpected circumstances that are out of their personal control, they can request an EAD card so that they can work off-campus and make more money. Some examples of unforeseen circumstances that USCIS considers include the following:

• Loss of financial aid or on-campus employment (through no fault of your own);
• Substantial fluctuations in currency value or exchange rate;
• Inordinate increases in tuition or living costs;
• Unexpected changes in the financial condition of your source of support;
• Medical bills; and
• Other substantial and unexpected expenses.

Notably; however, the off-campus employment is still subject to certain regulatory requirements.

How an F-1 Student Can Apply for An EAD Card
An F-1 visa student who believes that they have a qualifying unforeseen circumstance can apply for an EAD card by filing Form I-765 with accompanying evidence of the hardship. Additionally, the Designated School Official (DSO) will need to complete the employment page on their Form I-20. This will show that they are eligible for off-campus employment due to severe economic hardship caused by unforeseen circumstances beyond their control.

An approved EAD card for an F-1 student is valid in one-year intervals until the expected date of graduation so long as the need for off-campus employment still exists. 

Applying for Special Student Relief
Certain F-1 visa holders can also apply for special student relief that can allow them to receive an EAD card. Examples of students who might qualify for special relief include the following:

• Are the citizen of a country specified in a Federal Register notice;
• Have been lawfully present in the United States for the period indicated in the Federal Register notice;
• Have reported on time to your Designated School Official and been enrolled in a Student and Exchange Visitor Program-certified school since the special situation;
• Are currently maintaining F-1 status; and
• Experiencing severe economic hardship.

Students on an F-1 visa who believe that they might qualify for special relief should submit Form I-765 and their Form I-20 to USCIS with compelling evidence of their needs.

Ask an immigration attorney near you
If you are not sure whether your case might be considered by USCIS to be a special situation, or if you need help with presenting a compelling request to the immigration service, you might consider talking it over with an immigration lawyer near you.  You can also join our Facebook group, “OPT to EB-2 NIW.” 
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Photo by Pavel Danilyuk from Pexels

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