| If
Temple University did not issue your DS-2019,
the Office of International Services cannot
authorize your off campus employment. You must
contact the institution that issued your DS-2019
and request employment authorization. |
U.S.
Information Agency regulations allow a J-1 student
who experiences unforeseen financial problems while
studying in the U.S. to obtain off-campus employment
permission under certain conditions. This handout
discusses the requirements and limitations of J-1
student economic hardship employment authorization.
This off-campus employment permission may provide
real help in difficult circumstances by allowing a
student to supplement his or her income enough to
meet some living expenses.
Economic
hardship employment authorization will not, however,
enable a student to earn enough to bear the cost of
the full-time course of study required to maintain
J student status. It should not be thought of, then,
as a solution for serious financial difficulties.
Eligibility
If
you are a J-1 student who is experiencing economic
hardship due to an unforeseen change in your financial
situation, you may qualify for off-campus employment
authorization under relevant immigration regulations.
(You must, of course, be a full-time student in valid
J-1 status to qualify for this, as for any other benefit
of J status.) If employment authorization is granted
you will be able to work off campus for up to 20 hours
per week while school is in session and full time
during vacation periods. Economic hardship employment
authorization-which allows you to work in any job,
related or not related to your studies-will be granted
for one year or for the remainder of your academic
program, whichever period is less.
When
considering your eligibility for hardship employment
authorization the most important point to keep in
mind is that for you to qualify an adverse change
in your financial situation must have been unforeseen,
or to be more accurate it must have been unforeseeable,
when you first came to the U.S. to study. This is
because J regulations provide that hardship employment
authorization must be "necessary because of serious,
urgent, and unforeseen economic circumstances which
have arisen since acquiring exchange visitor status."
Elsewhere, immigration regulations note that unforeseen
circumstances:
-
"may include loss of financial
aid or on-campus employment without fault on the
part of the student, substantial fluctuations
in the value of currency or exchange rate, inordinate
increases in tuition and/or living costs, unexpected
changes in the financial conditions of the student's
source of support, medical bills, or other substantial
and unexpected expenses."
If
you believe that your circumstances qualify you for
hardship employment authorization, please meet with
an OIS advisor. If it appears that you are eligible
for hardship employment authorization, the advisor
will ask you to (1) write a letter in which you describe
in detail the circumstances that support your request
for hardship employment authorization, and (2) ask
you to provide documentation confirming these circumstances
(for example, a letter from your department to document
the loss of a scholarship, or exchange rate data showing
a currency devaluation, or a letter from an accountant
confirming unexpected business losses).
Authorization
When
the need for hardship employment authorization is
well documented the OIS advisor will- if Temple University
is the institution that issued your DS-2019 -issue
an employment letter to you authorizing your off-campus
employment. The authorization will be for part-time
employment while school is in session and full-time
employment during vacation periods (this authorization
will be for a maximum of one year or for the remainder
of your academic program, whichever is less). If Temple
University is not the institution that issued your
DS-2019, the OIS advisor will refer you to the institution
that did in order to request hardship employment authorization.
(The institution that prepared your DS-2019 is your
J-1 "program sponsor." You need your program
sponsor's permission to engage in any type of J-1
employment, including economic hardship employment.)
Please
remember that your employment authorization will be
limited in duration and, during the school year, in
number of hours per week. Any employment that you
have before or after the authorized period, or in
excess of the 20 hour per week limit during the school
year, will be illegal employment that renders you
illegally present in the U.S. and beyond the power
of OIS or the Immigration Service to regularize your
situation.
Social
Security Numbers
Before
you begin work you will need a valid Social Security
number (your Temple ID is not a valid Social Security
Number). If you do not already have one, please obtain
application instructions and directions to the Social
Security Office from OIS. The Social Security Administration
will process your application and a number will be
sent to you in about one month.
In
general, J-1 students who have been in the U.S. in
less than six calendar years are exempt from social
security (FICA) and Medicare taxes. You should be
sure to bring this to the attention of your employer
because many employers are not familiar with this
provision of the tax laws. If you need more information
about the J-1 social security and Medicare tax exemption,
please contact OIS.
Students
in J-1 status are subject to all other taxes that
may apply: federal, state and local (but check with
OIS to see if your country is one of the few that
has a tax treaty with the U.S. allowing students to
exclude a limited amount of earned income from federal
taxation).
Employment
Eligibility Verification
Within
the first three days of beginning work you and your
employer must complete a form entitled Employment
Eligibility Verification (INS Form I-9). This form
will be kept on file by your employer and must be
updated each time you receive a renewal of your work
permission.
Failure
to Comply with Employment Regulations
It is your responsibility
to comply with all immigration regulations, which
apply to J-1 students, including employment regulations.
Working without the proper authorization is a serious
violation of your student status. If you fail to comply
with your responsibilities, you may not be eligible
for benefits normally granted to J-1 students and,
in some situations, may be subject to deportation.
Prior to accepting any employment in the U.S., we
strongly urge you to consult with the Office of International
Services
