F-1 Rule for Employment Authorization for Certain Countries
Posted Oct 12, 1998

In an INS Interim Rule effective June 10, 1998, INS is authorizing Suspension of Applicability of Employment Authorization Requirements in Emergent Circumstances for Certain F-1 Student Whose Means of Financial Support Comes From Indonesia, South Korea, Malaysia, Thailand, or the Philippines. The U.S. has taken into account the devaluation of these countries currencies which affect nationals of Indonesia, South Korea, Malaysia, Thailand, and the Philippines constituting unforeseen circumstances beyond the student's control.

This interim rule amends the regulations of the Immigration and Naturalization Service (Service or INS) that apply to nonimmigrant students on F-1 status and who are seeking either on-campus employment or authorization for off-campus employment.

The rule allows the Commissioner, by notice in the Federal Register, to permit specified F-1 students to engage in on-campus employment for more than 20 hours per week and to suspend the applicability of the eligibility requirements for off-campus employment authorization, where emergent circumstances exist. F-1 students who find it necessary to reduce their normal course of study in order to engage in this specially authorized employment will be considered to be maintaining status and pursuing a full course of study. This interim rule is necessary to provide a means for the Service to take immediate action when emergency situations arise.

For students whose means of financial support, as reflected on their Form I-20, is from one of these five countries and who establish severe economic hardship, the Commissioner is suspending the applicability of the following regulatory requirements:

a. The requirement that the student has been in F-1 status for one full academic year; b. The requirement that acceptance of employment will not interfere with the student's carrying a full course of study; and c. The requirement that the student's work authorization be limited to no more than 20 hours per week when school is in session.

F-1 students who must reduce their normal course of study as a result of accepting employment authorized by this notice will be considered to be maintaining F-1 status and engaging in a full course of study provided that, for the duration of their authorized employment, undergraduate students are registered for a minimum of 6 semester or quarter hours of instruction per academic term and graduate students are registered for a minimum of 3 semester or quarter hours of instruction per academic term. The standard rules permitting full-time work off-campus when school is in session or during school vacations will continue to apply during the effective period of this document.

Written comments must be submitted for this Interim Rule on or before August 10, 1998.

Please submit written comments, in triplicate, to the Director, Policy Directives and Instructions Branch, Immigration and Naturalization Service, 425 I Street, NW., Room 5307, Washington, DC 20536. To ensure proper handling, please reference INS No. 1914-98 on your correspondence. Comments are available for public inspection at the above address by calling (202) 514-3048 to arrange for an appointment.

To provide the necessary flexibility to address unforeseeable emergencies, this rule amends the regulations to allow the Commissioner, by notice in the Federal Register, to suspend the applicability of some or all of the requirements for off-campus employment authorization for specified F-1 students where an emergency situation has arisen calling for this action.