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2.1. How does the application process for off-campus employment start?
The process starts when an F 1 student asks your permission to be employed in an off-campus job. After you determine if you should make the recommendation, enter it into SEVIS. Print the supporting Form I-20, sign pages 1 and 3, and give it to the student.
We recommend that you help the student ensure that the supporting evidence for the Form I-765 application clearly shows eligibility.
2.2. What is the process for approving off-campus employment in SEVIS?
See the User Manual for School Users of SEVIS Volume II Form I-20 for detailed instructions.
The students will need to file a Form I-765 with USCIS. See the USCIS website for the form and filing information. They will have to pay a fee to USCIS. Electronic filing is available.
Make sure the students read the form carefully and follow the directions. However, do not file the Form I-538 – this is a pre-SEVIS process that is no longer required.
As part of the supporting evidence, the F 1 students will need to include your specially endorsed Form I-20 signed on pages 1 and 3.
When you are using emergent circumstances as the basis for your recommendation for off-campus employment, select Special Student Relief from the off-campus employment types in SEVIS.
2.5. Do I need to submit a Form I-538 for off-campus employment authorization?
No. SEVIS replaced the need to use the Form I-538. Some forms and portions of the 8 CFR still refer to the Form I-538, but it is not needed for any purpose. For the same reason, you do not need to send any documents to ACS in London, KY.
2.6. Can I cancel my recommendation for off-campus employment?
Yes. You have the option in SEVIS – see the User Manual for School Users of SEVIS Volume II Form I-20.
2.7. How is an application for off-campus employment decided?
The only bases for granting work authorization for off-campus employment are economic hardship or emergent circumstances. The Service Center will base their decision on the information in the:
2.8. How can F 1 students find out the status of their employment authorization applications?
They can check online at https://egov.immigration.gov/cris/jsps/index.jsp using their application receipt number.
2.9. What happens if an employment authorization application is approved?
If USCIS approves an F 1 student’s employment authorization application, they will send the student an EAD card and a letter notifying the student of their decision. In addition, the student’s SEVIS record will be automatically updated to show that off-campus employment is approved.
2.10. What happens if an employment authorization application is denied?
If USCIS denies an employment authorization application for off-campus employment, they will send the F 1 student a denial letter giving the reason(s) for the denial.
2.11. Can denial of an application for off-campus employment be appealed?
No. If an employment authorization application is denied, the F 1 student will get a letter that explains the decision. They can file a motion with the same office to reopen or to reconsider the decision. They must file by the deadline given in the letter.
By filing a motion, the F 1 student is asking the office to reexamine or reconsider its decision.
For information on how to file a motion to reopen or to reconsider see the USCIS website at http://www.uscis.gov
2.12. What if an F 1 student cannot afford the application fee?
F 1 students can apply to have the fee waived. For information see the USCIS website.