New York-based immigration attorney Bashu Phulara advises international students facing financial difficulties in the U.S. to apply for an Economic Hardship Work Permit (Form I-765) rather than resorting to unauthorized employment. According to Phulara, many international students, particularly those on F-1 visas, struggle to manage tuition fees and living expenses, leading some to consider illegal work. However, he warns that unauthorized employment can have serious immigration consequences, including visa violations and potential deportation.
Phulara explains that U.S. Citizenship and Immigration Services (USCIS) allows eligible F-1 students experiencing severe economic hardship due to unforeseen circumstances—such as currency fluctuations, loss of financial sponsorship, or medical expenses—to apply for off-campus employment authorization. If approved, students can legally work up to 20 hours per week during the school term and full-time during breaks.
Phulara urges students to consult an immigration attorney and their Designated School Official (DSO) before applying. He encourages students to seek legal options rather than risking their future in the U.S. by working illegally. “There are legal pathways available, and students should utilize them to avoid jeopardizing their immigration status,” he says.
In light of recent events, many Nepali students in the U.S. face financial difficulties due to natural disasters such as floods, landslides, and earthquakes in Nepal, as well as the weakening of the Nepali currency. Phulara notes that in such circumstances, Nepali students in the U.S. may qualify for the Economic Hardship Work Permit if their families are significantly impacted. Additionally, if there has been a decline in the family’s income due to issues like illness, death, or other unforeseen financial problems, students may still be eligible.
“However, before pursuing this option, students must consult their Designated School Official (DSO) and obtain approval,” Phulara emphasized.
Click here to view the USCIS Policy Manual on Severe Economic Hardship Work Permits.
U.S. Immigration and Customs Enforcement (ICE) also provides guidelines about off-campus employment for F-1 students. “An F-1 student must demonstrate the ability to afford the costs of school and living expenses before entering the United States and should not plan to work off-campus. U.S. Citizenship and Immigration Services (USCIS) will authorize off-campus employment only in cases of severe economic hardship occurring after a student’s enrollment in an academic program and after the student has been in F-1 status for at least one full academic year, or in emergent circumstances as defined by the Department of Homeland Security (DHS),” ICE clarifies in its basic guidelines.
According to ICE guidelines, “Emergent Circumstances” refer to world events that affect a specific group of F-1 students and cause them to suffer severe economic hardship. These circumstances include, but are not limited to, natural disasters, wars, military conflicts, and national or international financial crises. “Special Student Relief” refers to the suspension of certain regulatory requirements for an F-1 student following an emergent circumstances determination. This can affect any or all of the following: on-campus employment, off-campus employment, duration of status, and full course of study.
“USCIS makes case-by-case decisions for off-campus employment for students who can show that new, unexpected circumstances beyond their control have created severe economic hardship. These may include the following: Loss of financial aid or on-campus employment (if the student is not at fault); large increases in tuition or living costs; substantial decrease in the relative value of the currency the student depends upon to pay expenses; unexpected changes in the financial conditions of the student’s sources of financial support; unexpectedly large medical bills not covered by insurance; and other substantial, unexpected expenses.”
An F-1 student must have remained enrolled for at least one academic year, be in status, and in good academic standing before USCIS will authorize off-campus employment. The student must also be unable to get on-campus employment, or the pay from available on-campus employment must be insufficient to meet financial needs. For each request for approval, a Designated School Official (DSO) must provide the F-1 student with a Form I-20, “Certificate of Eligibility for Nonimmigrant Student Status,” endorsed to that effect. The F-1 student must then file a Form I-765, “Application for Employment Authorization,” and pay a fee to USCIS. The student should file within 30 days of the day the DSO endorses the Form I-20. If USCIS approves the application, the student will receive a Form I-766, “Employment Authorization Document” (EAD) from USCIS and can begin working.
ICE guidelines explain that the application process begins when an F-1 student requests the DSO’s permission to seek off-campus employment. After the DSO makes the recommendation, they enter it into SEVIS. The DSO should print the supporting Form I-20, sign pages 1 and 3, and provide it to the student. The Student and Exchange Visitor Program (SEVP) recommends that the DSO help the student ensure that the supporting evidence for the Form I-765 clearly shows eligibility. Once the student receives the endorsed Form I-20, they must file the Form I-765 with USCIS within 30 days. Electronic filing is available, and the student must pay a fee to USCIS. The DSO should ensure the student reads the form carefully and follows the directions.
ICE guidelines state that USCIS adjudicates applications based on economic hardship or emergent circumstances. The application must include the Form I-20, Form I-765, additional supporting materials, and, if applicable, the Federal Register notice governing emergent circumstances. If approved, USCIS will send the student a Form I-766, “Employment Authorization Document,” and a notification letter. The student’s SEVIS record will be updated automatically to reflect the off-campus employment approval.
According to ICE, F-1 students cannot begin off-campus employment until they receive approval from USCIS. The number of hours an F-1 student may work depends on the time of year. During school sessions, the student can work 20 hours per week or fewer. During annual breaks or when school is not in session, the student may work full-time, as long as they plan to enroll full-time in the next session. The authorization for off-campus employment is valid for one year, and the student must reapply if they need to continue working off-campus.
If an F-1 student’s current work authorization expires and they have a pending Form I-765, they cannot continue working. To avoid this, students should submit a new Form I-765 from 90 days to six months before the expiration of the current Employment Authorization Document (EAD). If USCIS does not approve or deny the application within 90 days, the student may apply for interim employment authorization.
ICE guidelines further clarify that off-campus work authorization will continue if the F-1 student has a pending application for a change of status, as long as the EAD is unexpired and the student maintains F-1 status. F-1 students who travel outside the United States may resume off-campus employment upon return if they meet the following criteria: they have an unexpired EAD, are still attending the school, and are maintaining their status.
According to ICE, off-campus work authorization requires case-by-case approval from USCIS. Approval is not based on the student’s choice of employer. On-campus employment at an off-campus location is available to all F-1 students, except border commuter students. An F-1 student does not need USCIS approval, but the employment must be for an employer educationally affiliated with the student’s school.
Click here to read the full ICE guidelines on Severe Economic Hardship work permits.
Disclaimer: The information provided is for general informational purposes only and does not constitute legal advice. For personalized assistance, please consult with an immigration attorney.
Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
