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INS SUSPENDS APPLICABILITY OF EMPLOYMENT AUTHORIZATION FOR CERTAIN F-1 STUDENTS

The Immigration and Naturalization Service (INS) has both issued and implemented a proposed rule that authorizes the Commissioner of INS to suspend the applicability of employment authorization for certain F-1 students in times of crisis. At the same time, the INS temporarily suspended the applicability of employment authorization for F-1 students whose means of financial support as documented in their Form I-20 comes from Indonesia, South Korea, Malaysia, Thailand or the Philippines. Both rules became effective on June 10, 1998.

The INS has authorized and implemented this suspension in response to requests from the President and Secretary of State to assist students whose financial support comes from these five countries. The currencies of these five countries has dramatically dropped in value during recent months, and the United States Department of the Treasury predicts that the economic crisis is likely to continue for the next several months.

This temporary suspension affects F-1 students seeking on-campus or off-campus employment. Normally, these students may work up to 20 hours per week on-campus or off-campus while pursuing a full course of study. This suspension eliminates this limit. In addition, if the student needs to reduce his course load to work, he will remain in F-1 status as long as he maintains six semester or quarter hours per academic term for undergraduate students or three semester or quarter hours per academic term for graduate students.

To apply for off-campus work under this rule, an F-1 student must complete an application for employment authorization and file it with the INS service center that has jurisdiction over the student's place of residence. Currently, there is no expiration placed on this suspension. It will remain in effect until the Attorney General rescinds it.

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Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.

Siskind Susser Bland
1028 Oakhaven Rd.
Memphis, TN 38119
T. 800-343-4890 or 901-682-6455
F. 901-682-6394
Email: info@visalaw.com

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