A-10579405
Decided by Regional Commissioner February 27, 1958 Approved by Assistant Commissioner
Nonimmigrant student — Permission to accept part-time employment — Change in economic situation as controlling factor.
Application under 8 CFR 214f.7 by a nonimmigrant student to accept part-time employment will not be approved where there has been no change in the student's economic situation since her admission to the United States.
BEFORE THE REGIONAL COMMISSIONER
Discussion: The applicant in this case is a native and national of Jordan, born March 22, 1940, who arrived at New York, N.Y., on August 19, 1957, and was admitted as a nonimmigrant student to August 18, 1958. She presented at the time of her admission a properly executed Form I-20, Certificate of Acceptance, filed by the Dean of Faculties, Academy of the New Church, Bryn Athyn, Pennsylvania, reciting that the school had been approved by the Attorney General for the attendance of nonimmigrant students and that the applicant had been accepted for attendance in a full course of study. The reverse side of the Form I-20 was executed by the applicant under oath at the American Consulate, Amman, Jordan, on July 22, 1957, and she recited therein that she would be financially able to pursue a full course of study in the United States and that the source of her support was "My uncle, S---- E---- A---- of 16 Guerney St., Cape May, N.J., has guaranteed to pay all my school expenses as per evidence of support presented to the Consular Office." The alien has submitted an undated application to the District Director at Philadelphia, received in that office on November 26, 1957, for permission to accept employment which application has been certified to this office pursuant to 8 CFR 7.1 (b).
The regulations of the Department of State, 22 CFR 41.81 (a) (4), require that an alien applying to an American consul for a nonimmigrant student visa shall establish that "He is in possession of sufficient funds to cover his expenses or other arrangements have been made to provide for his expenses." The Form I-20 in this case, containing the recitals mentioned above, was submitted to the American Consul at Amman, Jordan, for the purpose of establishing, among other qualifications for a visa, compliance with this requirement of the regulations, and a nonimmigrant student visa was issued on the basis of her representations. When the alien applied for admission at New York and was examined by officers of this Service for entry into the United States, she presented, as required (8 CFR 214f.4), this Form I-20 reciting that her uncle at Cape May, N.J., had guaranteed to pay all her school expenses, and she was admitted into the United States on this basis.
The alien's application in November, 1957, to the District Director, Philadelphia, for permission to accept employment was submitted in accordance with the following provisions of the regulations of this Service (8 CFR 214f.7):
If it becomes necessary for a student to accept employment after admission, he shall, before accepting such employment, apply on Form I-24 to the district director having administrative jurisdiction over the place in which is located the approved institution or place of study attended by him. If the district director is satisfied that the applicant is meeting all the conditions and requirements of his status, that he does not have sufficient means to cover his expenses, and that the desired employment will not interfere with his carrying successfully a course of study of the required scope, he may grant permission to accept employment. * * *
The alien's application is on the required form and contains a certificate by the Dean of Faculties of the approved school which she is attending that he has affirmed the facts recited in the application and that the proposed employment will not interfere with the applicant carrying successfully a full course of study. The alien recites in this application for permission to accept employment that it is motivated by economic necessity and that a description of the proposed employment is "Domestic help." She states that her total income is $910, made up of a scholarship grant of $710 and "student work of $200." She recites her total yearly expenses as $910 for board, tuition, and registration, $50 for books, and $250 for medical, clothing, transportation, and personal expenses. She mentions no income of any kind from her uncle, whom she represented when she applied for a visa and for admission into the United States, respectively, as having guaranteed to pay all her school expenses. In a supplementary letter to the District Director at Philadelphia, dated December 19, 1957, the alien attempts to explain this discrepancy by asserting that she finds a need for many things that are not listed in the catalogue of the school and that "I do not like to ask my uncle for more help than he is already giving. I need money for clothes and personal things every week, and if I may work on the weekends I can earn this money." The alien states in her application for permission to accept employment that the major source of her income is a scholarship grant. Since a scholarship provides financial benefits to a student to assist him in furthering his studies, he may necessarily engage in research, give lectures, or perform other functions for the institution. Such a student, possessing a scholarship, will not be regarded as accepting employment if his primary interest in engaging in research, etc., for the institution is to further his studies and he is deemed to be carrying a full course of study. The $200 received "for student work," mentioned by the applicant, is therefore considered incidental to the scholarship grant.
The fact that the alien has this resource, the scholarship grant, for the major portion of her expenses is, however, additional reason why the financial conditions of her admission should be fulfilled. She has this income over and above the represented guarantee of her uncle to pay all her school expenses.
A controlling factor in this and all applications by nonimmigrant students for permission to accept employment is the question of whether or not there has been any change in the student's economic situation since his admission into the United States which would make it necessary for him to accept employment as a means of covering his expenses, in accordance with 8 CFR 214f.7 quoted above. Otherwise, there is a question of whether the student misrepresented the facts which form the basis of the issuance to him of the nonimmigrant visa and of his admission into the United States. If there has been no change in the economic situation of the student, he must be held to the representations which he made when he received his visa and when he was admitted at the port of entry, for employment in this country is always in competition with United States citizens and lawfully admitted resident aliens who depend upon employment for their livelihood, and it is not open to nonimmigrant students as of course. The main purpose of admission of a nonimmigrant student is for him to pursue a full course of study at an approved school or institution, and his engaging in employment necessarily infringes upon the time and attention which he might otherwise devote to his studies. Another factor to be considered is whether the public interest would be prejudiced by a policy of permitting an alien to make representations to prove qualifications for entry into this country and to repudiate after entry such representations and make contradictory ones for another and self-serving purpose.
Permission to a nonimmigrant student to accept employment is not, therefore, to be granted merely upon request, and the application is not approved unless it has become necessary after admission for the student to accept employment. In this case there is no evidence in the record that the student's economic situation has changed for the worse after admission. In fact, it appears from the record that her scholarship grant may possibly have developed since her admission, since no mention of it was made in her Certificate of Acceptance, Form I-20. In any event, it is a resource in addition to the guarantee of her uncle to pay all her school expenses, represented to be the situation at the time of her admission, and there is no evidence that her uncle is unable or unwilling to perform the obligation thus assumed.
Permission to accept on-the-campus employment is not involved here. The examining immigration officer at the port of entry when admitting the student could have granted permission to accept on-the-campus employment relating to an enterprise operated by or on behalf of the school to which the student was going, provided such employment would not displace a United States citizen or resident alien. However, no such application was made nor is there any indication in the record that such employment is available or desired.
The applicant not having established that her economic situation has changed since her entry into this country, it will therefore be necessary to deny her application. Such denial is without prejudice to reopening her application or her submitting a new application if and when she is in a position to establish that it has become necessary since her admission for her to accept part-time employment.
Order: It is ordered that the application for permission to accept part-time employment, incident to status as a nonimmigrant student, be denied.