Matter of Mody (Board decision, October 31, 1975)

Plain-English summary

A community college student asked to work part time, citing the cost of buying a car to commute to school. His application listed $2,915 from his father and $3,755 in annual expenses. Earlier applications showed that his brother had offered room, board, and school expenses and that a brother-in-law had also offered support. The District Director found no evidence that this assistance had ended. He denied the request because the student had not shown economic necessity caused by an unforeseen change in circumstances. This is recorded as an application denial, rather than review of an earlier order.

Decision snapshot

• Cited authority: 8 C.F.R. § 214.2(f)(6)
• Outcome: Application for part-time employment denied.
• Key point: The student did not show that the family support previously offered was unavailable.

Full text (BIA official public release)

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 employment due to unforeseen circumstances arising subsequent to his acquisition of student status in the absence of evidence to show that there is no longer available to applicant the support provided by his brother for room and board and school expenses, 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 status 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 20, 1975, he applied for permission to accept employment. He states that he 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 books and stationary, and $840 for auto payments and insur- ance. 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 em- ployment in the United States but did not indicate whether he had or had not 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-in- law, also offered 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 super- 542
 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 permis- sion 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.

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