Interim Decision #2460 

MATTER OF MODY 

Application for Permission to Accept Employment 

A-21028909 

Decided by District Director October 31, 1975 

Application by a nonimmigrant student for permission to accept part-time employment 

under the provisions of 8 CFR 214.2(f)(6) is denied for failure to establish economic 

necessity for such employemnt due to unforeseen circumstances arising subsequent to 

his acquisitica of student status in the absence of evidence to show that there is no 

longer availaole to applicant the support provided by his brother for room and board and 

school experses, or a brother-in-law's offer of support, as indicated in a previous 

application. 

The applicant is an unmarried twenty-three-year-old citizen of India 

whose statt.s was adjusted from visitor to that of a nonimmigrant 

student on August 29, 1973. He is presently attending Erie County 

Community College in Buffalo, New York, where he is enrolled in a 

Management Engineering technology course. His temporary stay has 

been extended on a regular basis, and he is now authorized to remain 

until December 8, 1975. 

On June 2D, 1975, he applied for permission to accept employment. He 

states that lie is receiving $2,915 from his father in India; and that his 

yearly expenses are $1,350 for school fees, $1,440 for room and board, 

$125 for hocks and stationary, and $840 for auto payments and insurance. His total expenses are $3,755. The subject bases his application on 

his desire to complete purchase of an automobile in order to commute to 

school, which he claims is very difficult during winter months. The 

applicant in his application acknowledged the question regarding employment in the United States but did not indicate whether he had or 

had nut been employed. 

In a previous application for permission to work, and the application 

for change of status, it was shown that the applicant's brother would 

furnish him with room and board and school expenses amounting to 

approximately $2,400 to $3,000 a year. Another sponsor, a brother-inlaw, also offared to support the applicant. 

On August 7, 1975, the applicant was interviewed by a Service officer, 

and he admitted that he had been employed as a stockboy in a super542 
Interim Decision #2460 

market since May 11; 1975. A previous application for permission to 

work in 1974 was denied. The applicant has accepted unauthorized 

employment. 

8 CFR 214.2(f)(6) provides, in part, that if a student requests permission to accept part-time employment because of economic necessity, he 

must establish that the necessity is due to unforeseen circumstances 

arising subsequent to change to student classification_ In reviewing the 

record, it is noted that the applicant was receiving approximately $3,000 

a year from his brother and is now receiving $2,915 from his father and 

has a brother-in-law who also offered his support. There is no evidence 

or information in the record showing that this assistance is no longer 

available to him. 

The applicant has failed to establish a need for part-time employment 

as required by Service regulations. The application must, therefore, be 

denied. 

ORDER: It is ordered that the application for part-time employment 

because of economic necessity be and is hereby denied. 

543