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Book outline for Policy Manual
  • Policy Manual
    • Search
    • Updates
    • Table of Contents
    • Volume 1 - General Policies and Procedures
    • Volume 2 - Nonimmigrants
      • Part A - Nonimmigrant Policies and Procedures
      • Part B - Diplomatic and International Organization Personnel (A, G)
      • Part C - Visitors for Business or Tourism (B)
      • Part D - Exchange Visitors (J)
      • Part E - Cultural Visitors (Q)
      • Part F - Students (F, M)
        • Chapter 1 - Purpose and Background
        • Chapter 2 - Reserved
        • Chapter 3 - Reserved
        • Chapter 4 - Reserved
        • Chapter 5 - Reserved
        • Chapter 6 - Employment
        • Chapter 7 - Reserved
        • Chapter 8 - Change of Status
      • Part G - Treaty Traders and Treaty Investors (E-1, E-2)
      • Part H - Specialty Occupation Workers (H-1B, E-3)
      • Part I - Temporary Agricultural and Nonagricultural Workers (H-2)
      • Part J - Trainees (H-3)
      • Part K - Media Representatives (I)
      • Part L - Intracompany Transferees (L)
      • Part M - Nonimmigrants of Extraordinary Ability or Achievement (O)
      • Part N - Athletes and Entertainers (P)
      • Part O - Religious Workers (R)
      • Part P - NAFTA Professionals (TN)
      • Part Q - Nonimmigrants Intending to Adjust Status (K, V)
    • Volume 3 - Humanitarian Protection and Parole
    • Volume 4 - Refugees and Asylees
    • Volume 5 - Adoptions
    • Volume 6 - Immigrants
    • Volume 7 - Adjustment of Status
    • Volume 8 - Admissibility
    • Volume 9 - Waivers and Other Forms of Relief
    • Volume 10 - Employment Authorization
    • Volume 11 - Travel and Identity Documents
    • Volume 12 - Citizenship and Naturalization
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  4. Part F - Students (F, M)
  5. Chapter 6 - Employment

Chapter 6 - Employment

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  • Appendices (0)
  • Updates (5)
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Subject to varied eligibility criteria, F-1 students may be eligible to engage in on-campus or off-campus employment. Not all types of F-1 employment require employment authorization from USCIS. This chapter describes the types of employment in which F-1 students may engage.

A. On-Campus Employment [Reserved]

[Reserved]

B. Severe Economic Hardship [Reserved]

[Reserved]

C. Severe Economic Hardship Due to Emergent Circumstances

DHS may suspend certain regulatory requirements for F-1 students experiencing severe economic hardship as a direct result of emergent circumstances.[1] This suspension, also known as special student relief (SSR), first appeared in the Code of Federal Regulations in 1998.[2]

Emergent circumstances are events that affect F-1 students from a particular region and create severe economic hardship. These events may include, but are not limited to, natural disasters, financial crises, and military conflicts.

The Secretary of Homeland Security may suspend duration of status, full course of study, and on-campus and off-campus employment regulatory requirements due to emergent circumstances. DHS designates SSR by publication of a Federal Register notice, which provides the start and end dates of the suspension of those requirements.

1. Lawful Status

Generally, DHS considers an F-1 student to be in lawful status if the student is pursuing a full course of study at an approved educational institution.[3] However, when DHS designates SSR by publication of a Federal Register notice, eligible students may reduce their full course of study as a result of accepting employment authorized by the Federal Register notice.

DHS considers an F-1 student to be in lawful status during the period of authorized employment, subject to any other conditions specified in the notice, provided that for the duration of the authorized employment, the student is:

  • Registered for at least the minimum number of semester or quarter hours of instruction per academic term as specified in the Federal Register notice; and

  • Is continuing to make normal progress toward completing their course of study. 

When DHS designates SSR by publication of a Federal Register notice, the number of semester or quarter hours of instruction per academic term cannot be less than 6 semester or quarter hours if the student is at the undergraduate level or one half of the credit hours normally required under a full course of study if an undergraduate student is enrolled in a term of different duration. A student at the graduate level must remain registered in a minimum of 3 semester or quarter hours of instruction.[4]

Students enrolled in kindergarten through grade 12 at a private school or grades 9 through 12 at a public high school must maintain the minimum number of hours of class attendance per week prescribed by the academic institution for making normal progress toward graduation.[5]

2. Eligibility Criteria

For an F-1 student to be eligible for SSR, the designated school official (DSO) must certify in the Student and Exchange Visitor Information System (SEVIS) that the student:

  • Is a citizen of a country specified in the Federal Register notice or, if such eligibility is specified in the SSR notice, a person having no nationality who last habitually resided in the specified country;

  • Was lawfully present in the United States in F-1 status on the date of publication of the Federal Register notice;

  • Is enrolled in a school certified by U.S. Immigration and Customs Enforcement’s (ICE) Student and Exchange Visitor Program (SEVP);

  • Is currently maintaining F-1 status; and

  • Is experiencing severe economic hardship as a direct result of the emergent circumstances specified in the Federal Register notice.

The DSO should note any specifics, as ICE SEVP recommends, in the remarks section of the F-1 student’s Certificate of Eligibility for Nonimmigrant Student Status (Form I-20).

3. Documentation

On-Campus Employment

An F-1 nonimmigrant student authorized by the student’s DSO to engage in on-campus employment by means of the Federal Register notice does not need to file an Application for Employment Authorization (Form I-765) with USCIS.[6]

To engage in on-campus employment more than 20 hours per week, consistent with a designation of SSR, the F-1 student must demonstrate to the DSO that the employment is necessary to avoid severe economic hardship resulting from the emergent circumstances, and the DSO must notate the student’s Form I-20 in accordance with the Federal Register notice.[7]

Off-Campus Employment

An F-1 nonimmigrant student authorized by the student’s DSO to engage in off-campus employment must file a Form I-765 with USCIS and include a copy of a properly endorsed Form I-20 with the filing. An F-1 student must receive employment authorization from USCIS before engaging in off-campus employment.[8]

To engage in off-campus employment more than 20 hours per week consistent with a designation of SSR, the F-1 student must demonstrate to the DSO that the employment is necessary to avoid severe economic hardship resulting from the emergent circumstances, and the DSO must notate the student’s Form I-20 in accordance with the Federal Register notice.[9]

USCIS may only grant off-campus employment authorization due to severe economic hardship for up to 1 year,[10] unless the Secretary of Homeland Security suspends the applicability of this requirement through publication of a Federal Register notice. If the 1-year limitation is suspended, USCIS may grant SSR employment authorization for the duration of the Federal Register notice validity period, but the period of authorization may not exceed the F-1 student’s academic program end date.

Existing Employment Authorization

If an F-1 student already has off-campus employment authorization, they may benefit from SSR without applying for a new Employment Authorization Document (EAD). To benefit from SSR in this context, the F-1 student must request that their DSO update the remarks field of the F-1 student’s Form I-20, in accordance with the Federal Register notice.

An F-1 student authorized by a DSO for on-campus employment does not need to apply for an EAD solely because of publication of a Federal Register notice if the F-1 student does not seek to engage in off-campus employment. If consistent with the Federal Register notice, the F-1 student may drop below what would otherwise be the minimum course load. In such a case, the F-1 student must request that the DSO update the remarks field of the F-1 student’s Form I-20, in accordance with the Federal Register notice.

Footnotes


[^ 1] See 8 CFR 214.2(f)(5)(v). See 8 CFR 214.2(f)(9).

[^ 2] See 63 FR 31872 (PDF) (June 10, 1998). For more information on special student relief (SSR), see the Special Student Relief DHS webpage.

[^ 3] See 8 CFR 214.2(f)(5)(i).

[^ 4] See 8 CFR 214.2(f)(5)(v).

[^ 5] As required under 8 CFR 214.2(f)(6)(i)(E).

[^ 6] For more information regarding on-campus employment, including locations where it must be performed and application procedures, see 8 CFR 214.2(f)(9)(i).

[^ 7] See 8 CFR 214.2(f)(9)(i).

[^ 8] For general guidance on the adjudication of the Form I-765, see Volume 10, Employment Authorization, Part A, Employment Authorization Policies and Procedures, Chapter 4, Adjudication [10 USCIS-PM A.4].

[^ 9] See 8 CFR 214.2(f)(9)(ii).

[^ 10] See 8 CFR 214.2(f)(9)(ii)(D). Employment authorization is automatically terminated whenever the student fails to maintain status. See 8 CFR 214.2(f)(9)(ii)(F)(2).

Resources

Legal Authorities

22 CFR 41.61 Students - academic and nonacademic

8 CFR 214.13 - SEVIS fee for certain F, J, and M nonimmigrants

8 CFR 214.2(f) - Students in colleges, universities, seminaries, conservatories, academic high schools, elementary schools, other academic institutions, and in language training programs

8 CFR 214.2(m) - Students in established vocational or other recognized nonacademic institutions, other than in language training programs

8 CFR 214.3 - Approval of schools for enrollment of F and M nonimmigrants

8 CFR 274a.12(c) - Aliens who must apply for employment authorization

INA 101(a)(15)(F) - Academic student definition

INA 101(a)(15)(M) - Vocational student definition

INA 214(c) - Admission of nonimmigrants

INA 214(m) - Nonimmigrant elementary and secondary school students

INA 248, 8 CFR 248 - Change of nonimmigrant classification

Forms

G-28, Notice of Entry of Appearance as Attorney or Accredited Representative

I-539, Application To Extend/Change Nonimmigrant Status Application To Extend/Change Nonimmigrant Status

I-765, Application for Employment Authorization

Other Materials

How to Use the USCIS Policy Manual Website (PDF, 2.99 MB)

Appendices

No appendices available at this time.

Updates

POLICY ALERT - Special Student Relief for F-1 Nonimmigrant Students

February 22, 2023

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify the validity period of employment authorization for F-1 students experiencing severe economic hardship due to emergent circumstances (also known as special student relief (SSR)).

Read More
Affected Sections

2 USCIS-PM F.6 - Chapter 6 - Employment

10 USCIS-PM A.4 - Chapter 4 - Adjudication

Technical Update - Replacing the Term “Alien”

May 11, 2021

This technical update replaces all instances of the term “alien” with “noncitizen” or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].

Affected Sections

1 USCIS-PM - Volume 1 - General Policies and Procedures

2 USCIS-PM - Volume 2 - Nonimmigrants

6 USCIS-PM - Volume 6 - Immigrants

7 USCIS-PM - Volume 7 - Adjustment of Status

8 USCIS-PM - Volume 8 - Admissibility

9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief

10 USCIS-PM - Volume 10 - Employment Authorization

11 USCIS-PM - Volume 11 - Travel and Identity Documents

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

POLICY ALERT - Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule

September 02, 2020

U.S. Citizenship and Immigration Services (USCIS) is revising its policy guidance in the USCIS Policy Manual to align with the Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule, published in the Federal Register on August 3, 2020. This guidance becomes effective October 2, 2020. For information regarding implementation, see Appendix: 2020 Fee Rule Litigation Summary.

Read More
Affected Sections

1 USCIS-PM A - Part A - Public Services

1 USCIS-PM B - Part B - Submission of Benefit Requests

2 USCIS-PM - Volume 2 - Nonimmigrants

7 USCIS-PM A - Part A - Adjustment of Status Policies and Procedures

7 USCIS-PM F - Part F - Special Immigrant-Based Adjustment

7 USCIS-PM M - Part M - Asylee Adjustment

11 USCIS-PM A - Part A - Secure Identity Documents Policies and Procedures

Technical Update - Moving the Adjudicator’s Field Manual Content into the USCIS Policy Manual

May 21, 2020

U.S. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicator’s Field Manual (AFM) content into the USCIS Policy Manual. As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. To the extent that a provision in the USCIS Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the USCIS Policy Manual prevails. To find remaining AFM content, see the crosswalk (PDF, 332.97 KB) between the AFM and the Policy Manual.

Affected Sections

1 USCIS-PM - Volume 1 - General Policies and Procedures

2 USCIS-PM - Volume 2 - Nonimmigrants

3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole

4 USCIS-PM - Volume 4 - Refugees and Asylees

5 USCIS-PM - Volume 5 - Adoptions

6 USCIS-PM - Volume 6 - Immigrants

7 USCIS-PM - Volume 7 - Adjustment of Status

8 USCIS-PM - Volume 8 - Admissibility

9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief

11 USCIS-PM - Volume 11 - Travel and Identity Documents

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

Technical Update - Replacing the Term “Foreign National”

October 08, 2019

This technical update replaces all instances of the term “foreign national” with “alien” throughout the Policy Manual as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].

Affected Sections

1 USCIS-PM - Volume 1 - General Policies and Procedures

2 USCIS-PM - Volume 2 - Nonimmigrants

6 USCIS-PM - Volume 6 - Immigrants

7 USCIS-PM - Volume 7 - Adjustment of Status

8 USCIS-PM - Volume 8 - Admissibility

9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief

10 USCIS-PM - Volume 10 - Employment Authorization

11 USCIS-PM - Volume 11 - Travel and Identity Documents

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

Version History

No historical versions available.

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