Sunset of the F-1 Pilot Employment Program

Pursuant to section 221(B) of the Immigration Act of 1990 as amended, the F-1 Pilot Employment Program will "sunset" on September 30, 1994 unless extended by affirmative congressional action. Since no such action is expected at this time, all F-1 students who have been authorized to work under this provision should cease employment after September 30.

Because all authorizations under the pilot program (via Department of Labor Form ETA 9034) expire no later than September 30, 1994 regardless of the date of approval, employers and students should be aware of the requirement to either cease employment or reauthorize it pursuant to another provision as of this date (e.g, Pursuant to severe economic hardship).

A student who continued employment without proper authorization after September 30, is in violation of status and ineligible for reinstatement pursuant to 8 CFR 214.2 (f)(16)(i)(C). An employer who continued to employ such a student after September 30 bears the responsibility to reverify employment authorization upon expiry of the previous authorization pursuant to 8 CFR 274a.(2)(b)(viii).

Headquarters adjudications has prepared a final rule amending 8 CFR 214.2f accordingly and making other changes with regard to the "interim" provisions (see 57 FR, 20 July 1992, p. 31954) which is expected to be published in the near future.

Lawrence J. Weinig