Notice2021-14676
Employment Authorization for Yemeni F-1 Students Experiencing Severe Economic Hardship as a Direct Result of the Current Crisis in Yemen
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 9, 2021
Effective
September 4, 2021
Issuing agencies
Homeland Security Department
Abstract
This notice announces that the Secretary of Homeland Security (Secretary) is suspending certain regulatory requirements for F-1 nonimmigrant students whose country of citizenship is Yemen (regardless of country of birth) and who are experiencing severe economic hardship as a direct result of the current crisis in Yemen. The Secretary is taking action to provide relief to Yemeni citizens who are lawful F-1 nonimmigrant students so the students may request employment authorization, work an increased number of hours while school is in session, and reduce their course load while continuing to maintain F-1 nonimmigrant student status. DHS will deem an F-1 nonimmigrant student who receives employment authorization by means of this notice to be engaged in a "full course of study" for the duration of the employment authorization, if the nonimmigrant student satisfies the minimum course load requirement described in this notice.
Full Text
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<title>Federal Register, Volume 86 Issue 129 (Friday, July 9, 2021)</title>
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[Federal Register Volume 86, Number 129 (Friday, July 9, 2021)]
[Notices]
[Pages 36288-36292]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14676]
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DEPARTMENT OF HOMELAND SECURITY
[Docket No. ICEB-2021-0007]
RIN 1653-ZA19
Employment Authorization for Yemeni F-1 Students Experiencing
Severe Economic Hardship as a Direct Result of the Current Crisis in
Yemen
AGENCY: U.S. Immigration and Customs Enforcement (ICE), Department of
Homeland Security (DHS).
SUMMARY: This notice announces that the Secretary of Homeland Security
(Secretary) is suspending certain regulatory requirements for F-1
nonimmigrant students whose country of citizenship is Yemen (regardless
of country of birth) and who are experiencing severe economic hardship
as a direct result of the current crisis in Yemen.
The Secretary is taking action to provide relief to Yemeni citizens
who are lawful F-1 nonimmigrant students so the students may request
employment authorization, work an increased number of hours while
school is in session, and reduce their course load while continuing to
maintain F-1 nonimmigrant student status. DHS will deem an F-1
nonimmigrant student who receives employment authorization by means of
this notice to be engaged in a ``full course of study'' for the
duration of the employment authorization, if the nonimmigrant student
satisfies the minimum course load requirement described in this notice.
DATES: This notice will be effective on September 4, 2021 and will
remain in effect through March 3, 2023.
FOR FURTHER INFORMATION CONTACT: Sharon Snyder, Unit Chief, Policy and
Response Unit, Student and Exchange Visitor Program; U.S. Immigration
and Customs Enforcement, 500 12th Street SW, Stop 5600, Washington, DC
20536-5600; email: <a href="/cdn-cgi/l/email-protection#7a091f0c0a3a13191f541e1209541d150c"><span class="__cf_email__" data-cfemail="5320362523133a30367d373b207d343c25">[email protected]</span></a>, telephone: (703) 603-3400. This is
not a toll-free number. Program information is available at <a href="http://www.ice.gov/">http://www.ice.gov/</a> sevis/.
SUPPLEMENTARY INFORMATION:
What action is DHS taking under this notice?
The Secretary is exercising authority under 8 CFR 214.2(f)(9) to
temporarily suspend the applicability of certain requirements governing
on-campus and off-campus employment for F-1 nonimmigrant students whose
country of citizenship is Yemen who are present in the United States in
lawful F-1 nonimmigrant student status as of September 4, 2021, and who
are experiencing severe economic hardship as a direct result of the
current crisis in Yemen. Suspension of the employment limitations will
be available from September 4, 2021 until March 3, 2023, for those who
are in lawful F-1 nonimmigrant status as of September 4, 2021. DHS will
deem an F-1 nonimmigrant student granted employment authorization by
means of this notice to be engaged in a ``full course of study'' for
the duration of the employment authorization, if the F-1 nonimmigrant
student satisfies the minimum course load set forth in this notice.\1\
See 8 CFR 214.2(f)(6)(i)(F).
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\1\ Because the suspension of requirements under this notice
applies throughout an academic term during which the suspension is
in effect, DHS considers an F-1 nonimmigrant student who engages in
a reduced course load or employment (or both) after this notice is
effective to be engaging in a ``full course of study,'' see 8 CFR
214.2(f)(6), and eligible for employment authorization, through the
end of any academic term for which such student is matriculated as
of March 3, 2023, provided the student satisfies the minimum course
load requirement in this notice. DHS also considers students who
engage in online coursework pursuant to ICE coronavirus disease 2019
(COVID-19) guidance for nonimmigrant students to be in compliance
with regulations while such guidance remains in effect. See ICE
Guidance and Frequently Asked Questions on COVID-19, available at
<a href="https://www.ice.gov/coronavirus">https://www.ice.gov/coronavirus</a> [last visited May 2021].
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Who is covered by this notice?
This notice applies exclusively to F-1 nonimmigrant students who
meet all of the following conditions:
(1) Are citizens of Yemen (regardless of country of birth);
(2) Are lawfully present in the United States in an F-1
nonimmigrant status on September 4, 2021, under section
101(a)(15)(F)(i) of the Immigration and Nationality Act (INA), 8 U.S.C.
1101(a)(15)(F)(i);
(3) Are enrolled in an academic institution that is Student and
Exchange Visitor Program (SEVP)-certified for enrollment of F-1
nonimmigrant students;
(4) Are currently maintaining F-1 nonimmigrant status; and
(5) Are experiencing severe economic hardship as a direct result of
the current crisis in Yemen.
This notice applies to F-1 nonimmigrant students in an approved
private school in grades kindergarten through grade 12, public school
in grades 9 through 12, and undergraduate and graduate education. An F-
1 nonimmigrant student covered by this notice who transfers to another
SEVP-certified academic institution remains eligible for the relief
provided by means of this notice.
Why is DHS taking this action?
DHS initially designated Yemen for Temporary Protected Status (TPS)
on September 3, 2015, based on ongoing armed conflict in the country
resulting from the July 2014 offensive by the Houthis, a northern
opposition group that initiated a violent, territorial expansion across
the country, eventually forcing the Yemeni government leaders into
exile in Saudi Arabia.\2\
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\2\ USCIS DHS Announces Temporary Protected Status Designation
for Yemen, available at: <a href="https://www.uscis.gov/archive/dhs-announces-temporary-protected-status-designation-for-yemen">https://www.uscis.gov/archive/dhs-announces-temporary-protected-status-designation-for-yemen</a> [last
visited May 2021].
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As a result of the ongoing armed conflict and continuous crisis in
Yemen, the Secretary has redesignated and extended TPS for Yemen for 18
months, effective September 4, 2021. Consistent with USCIS designation
for TPS for Yemen, this notice provides relief to Yemeni F-1
nonimmigrant students experiencing severe economic hardship as a direct
result of the crisis in Yemen. DHS has reviewed conditions in Yemen and
determined that making employment authorization available for eligible
nonimmigrant students is warranted. This notice will enable Yemeni F-1
nonimmigrant students to request employment authorization, carry a
reduced course load, and increase the number of authorized hours for
employment.
The civil war in Yemen has entered its eighth year, killing an
estimated 233,000 individuals.\3\ The United Nations High Commissioner
for Refugees (UNHCR) has recorded 69,160 Yemeni refugees and asylum-
seekers in neighboring countries.\4\ Over 4 million people have been
internally displaced within Yemen, and 166,000 of those
[[Page 36289]]
were displaced in 2020.\5\ Even if a political resolution to the
conflict is reached, Yemen will be faced with tremendous reconstruction
needs.
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\3\ United Nations News UN humanitarian office puts Yemen war
dead at 233,000, mostly from `indirect causes' available at https://
news.un.org/en/story/2020/12/1078972#:~:text=UN%20Podcasts-
,UN%20humanitarian%20office%20puts%20Yemen%20war%20dead,%2C%20mostly%
20from%20'indirect%20causes'&text=Millions%20of%20children%20across%2
0Yemen,lack%20of%20basic%20health%20services [last visited May
2021].
\4\ United Nations High Commissioner for Refugees (UNHCR)
Refugee Data Finder 2015-2020 available at <a href="https://www.unhcr.org/refugee-statistics/download/?url=Gb4fe1">https://www.unhcr.org/refugee-statistics/download/?url=Gb4fe1</a> [last visited May 2021].
\5\ UNHCR Operational Update: Yemen, April 15, 2021 available at
<a href="https://reporting.unhcr.org/sites/default/files/UNHCR%20Yemen%20Operational%20Update%20-%2015%20April%202021.pdf">https://reporting.unhcr.org/sites/default/files/UNHCR%20Yemen%20Operational%20Update%20-%2015%20April%202021.pdf</a>
[last visited May 2021].
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Yemen's civil war has caused a wide range of emergencies,
including: Economic contraction, deepening poverty, high levels of food
insecurity, a severely weakened medical system, the reappearance or
increased incidence of certain communicable diseases, a collapse in
basic services such as water, electricity, and fuel shortages, and
institutional and political tensions. Additionally, the impact of the
COVID-19 pandemic further devastated what remained of Yemen's
healthcare infrastructure after years of protracted conflict. There are
24.1 million people (approximately 80% of the population) in need of
humanitarian assistance as a result of civil war and conflict in
Yemen.\6\ The United Nations International Children's Emergency Fund
(UNICEF) estimates that 18 million people in Yemen (approximately 59%
of the population) do not currently have access to clean water and
sanitation.\7\
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\6\ The United Nations, The United Nations in Yemen available at
<a href="https://yemen.un.org/en/about/about-the-un">https://yemen.un.org/en/about/about-the-un</a>, [last visited May 2021].
\7\ UNICEF Yemen, Water, Sanitation, Hygiene, available at
<a href="https://www.unicef.org/yemen/water-sanitation-and-hygiene">https://www.unicef.org/yemen/water-sanitation-and-hygiene</a> [last
visited May 2021].
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As of May 23, 2021, 309 F-1 nonimmigrant students whose country of
citizenship is Yemen were physically present the United States and
enrolled in SEVP-certified academic institutions. Given the extent of
the crisis in Yemen, affected F-1 nonimmigrant students whose primary
means of financial support comes from Yemen may need to be exempt from
the normal student employment requirements to continue studying in the
United States. The current crisis has created financial barriers for F-
1 nonimmigrant students to support themselves and return to Yemen for
the foreseeable future. Without employment authorization, these
students may lack the means to meet basic living expenses.
What is the minimum course load requirement set forth in this notice?
Undergraduate F-1 nonimmigrant students who receive on-campus or
off-campus employment authorization under this notice must remain
registered for a minimum of six semester or quarter hours of
instruction per academic term.\8\ A graduate-level F-1 nonimmigrant
student who receives on- campus or off-campus employment authorization
under this notice must remain registered for a minimum of three
semester or quarter hours of instruction per academic term. See 8 CFR
214.2(f)(5)(v).
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\8\ Undergraduate F-1 students enrolled in a term of different
duration must register for at least one half of the credit hours
normally required under a ``full course of study.'' See 8 CFR
214.2(f)(6)(i)(B).
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In addition, an F-1 nonimmigrant student (either undergraduate or
graduate) granted on campus or off-campus employment authorization
under this notice may count up to the equivalent of one class or three
credits per session, term, semester, trimester, or quarter of online or
distance education toward satisfying this minimum course load
requirement, unless the course of study is in a language study
program.\9\ See 8 CFR 214.2(f)(6)(i)(G). An F-1 nonimmigrant student
who attends an approved private school in grades kindergarten through
grade 12 or public school in grades 9 through 12, must maintain ``class
attendance for no less than the minimum number of hours a week
prescribed by the school for normal progress toward graduation,'' as
required under 8 CFR 214.2(f)(6)(i)(E).
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\9\ DHS also considers students who engage in online coursework
pursuant to ICE coronavirus disease 2019 (COVID-19) guidance for
nonimmigrant students to be in compliance with regulations while
such guidance remains in effect. See ICE Guidance and Frequently
Asked Questions on COVID-19, available at <a href="https://www.ice.gov/coronavirus">https://www.ice.gov/coronavirus</a> [last visited May 2021].
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May an eligible F-1 nonimmigrant student who already has on-campus or
off-campus employment authorization benefit from the suspension of
regulatory requirements under this notice?
Yes. A Yemeni F-1 nonimmigrant student who already has on-campus or
off-campus employment authorization and is otherwise eligible may
benefit under this notice, which suspends regulatory requirements
relating to the minimum course load requirement under 8 CFR
214.2(f)(6)(i)(A) and (B) and the employment eligibility requirements
under 8 CFR 214.2(f)(9) as specified in this notice. Such an eligible
F-1 nonimmigrant student may benefit without having to apply for a new
Form I-766, Employment Authorization Document (EAD). To benefit from
this notice, the F-1 nonimmigrant student must request the designated
school official (DSO) enter the following statement in the remarks
field of the student's Student and Exchange Visitor Information System
(SEVIS) record, which the student's Form I-20, Certificate of
Eligibility for Nonimmigrant (F-1) Student Status, will reflect:
Approved for more than 20 hours per week of [DSO must insert
``on-campus'' or ``off-campus,'' depending upon the type of
employment authorization the student already has] employment
authorization and reduced course load under the Special Student
Relief authorization from [DSO must insert the beginning date of the
notice or the beginning date of the student's employment, whichever
date is later] until [DSO must insert either the student's program
end date, the current EAD expiration date (if the student is
currently authorized for off-campus employment), or the end date of
this notice, whichever comes first].
Must the F-1 nonimmigrant student apply for reinstatement after
expiration of this special employment authorization if the student
reduces his or her ``full course of study''?
No. DHS will deem an F-1 nonimmigrant student who receives and
comports with the employment authorization permitted under this notice
to be engaged in a ``full course of study'' for the duration of the
student's employment authorization, provided that a qualifying
undergraduate level F-1 nonimmigrant student remains registered for a
minimum of six semester or quarter hours of instruction per academic
term and a qualifying graduate level F-1 nonimmigrant student remains
registered for a minimum of three semester or quarter hours of
instruction per academic term.\10\ See 8 CFR 214.2(f)(5)(v) and
(f)(6)(i)(F). DHS will not require such students to apply for
reinstatement under 8 CFR 214.2(f)(16) if otherwise maintaining F-1
nonimmigrant student status.
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\10\ Undergraduate F-1 nonimmigrant students enrolled in a term
of different duration must register for at least one half of the
credit hours normally required under a ``full course of study.'' See
8 CFR 214.2(f)(6)(i)(B).
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Will an F-2 dependent (spouse or minor child) of an F-1 nonimmigrant
student covered by this notice be eligible to apply for employment
authorization?
No. An F-2 spouse or minor child of an F-1 nonimmigrant student
cannot be authorized to work in the United States and, therefore, may
not accept employment under the F-2 nonimmigrant status. See 8 CFR
214.2(f)(15)(i).
[[Page 36290]]
Will the suspension of the applicability of the standard student
employment requirements apply to an individual who receives an initial
F-1 visa and makes an initial entry in the United States after
September 4, 2021?
No. The suspension of the applicability of the standard regulatory
requirements only applies to those F-1 nonimmigrant students who meet
the following conditions:
(1) Are citizens of Yemen, regardless of country of birth;
(2) Are lawfully present in the United States in F-1 nonimmigrant
status on September 4, 2021, under section 101(a)(15)(F)(i) of the INA,
8 U.S.C. 1101(a)(15)(F)(i);
(3) Are enrolled in an academic institution that is SEVP-certified
for enrollment for F-1 nonimmigrant students;
(4) Are currently maintaining F-1 nonimmigrant status; and
(5) Are experiencing severe economic hardship as a direct result of
the current crisis in Yemen.
An F-1 nonimmigrant student who does not meet all of these
requirements is ineligible for the suspension of the applicability of
the standard regulatory requirements (even if experiencing severe
economic hardship as a direct result of the current crisis in Yemen).
Does this notice apply to a continuing F-1 nonimmigrant student who
departs the United States after September 4, 2021 and who needs to
obtain a new F-1 visa before returning to the United States to continue
an educational program?
Yes. This notice applies to such a nonimmigrant student, but only
if the DSO has properly notated the SEVIS record, which will then
appear on the student's Form I-20. The normal rules for visa issuance
remain applicable to a nonimmigrant who needs to apply for a new F-1
visa to continue an educational program in the United States.
Does this notice apply to elementary school, middle school, and high
school students in F-1 status?
Yes. However, this notice does not by itself reduce the required
course load for F-1 nonimmigrant students enrolled in kindergarten
through grade 12 at a private school or grades 9 through 12 at a public
school. Such Yemeni nonimmigrant students must maintain the minimum
number of hours of class attendance per week prescribed by the academic
institution for normal progress toward graduation. See 8 CFR
214.2(f)(6)(i)(E). The suspension of certain regulatory requirements
related to employment through this notice is applicable to all eligible
F-1 nonimmigrant students regardless of educational level. Thus,
eligible F-1 nonimmigrant students from Yemen enrolled in an elementary
school, middle school, or high school do benefit from the suspension of
the requirement in 8 CFR 214.2(f)(9)(i) that limits on-campus
employment to 20 hours per week while school is in session. Nothing in
this notice affects the applicability of federal and state labor laws
limiting the employment of minors.
On-Campus Employment Authorization
Will an F-1 nonimmigrant student who receives on-campus employment
authorization under this notice have authorization to work more than 20
hours per week while school is in session?
Yes. For an F-1 nonimmigrant student covered in this notice, the
Secretary is suspending the applicability of the requirement in 8 CFR
214.2(f)(9)(i) that limits an F-1 student's on-campus employment to 20
hours per week while school is in session. An eligible nonimmigrant
student has authorization to work more than 20 hours per week while
school is in session, if the DSO has entered the following statement in
the remarks field of the SEVIS student record, which will appear on the
student's Form I-20:
Approved for more than 20 hours per week of on-campus employment
and reduced course load, under the Special Student Relief
authorization from [DSO must insert the beginning date of the notice
or the beginning date of the students employment, whichever date is
later] until [DSO must insert the student's program end date or the
end date of the notice, whichever date comes first].
To obtain on-campus employment authorization, the F-1 nonimmigrant
student must demonstrate to the DSO that the employment is necessary to
avoid severe economic hardship directly resulting from the current
crisis in Yemen. A nonimmigrant student authorized by the DSO to engage
in on-campus employment by means of this notice does not need to file
any applications with U.S. Citizenship and Immigration Services
(USCIS). The standard rules permitting full-time employment on-campus
when school is not in session or during school vacations apply. See 8
CFR 214.2(f)(9)(i).
Will an F-1 nonimmigrant student who receives on-campus employment
authorization under this notice have authorization to reduce the normal
course load and still maintain his or her F-1 student status?
Yes. DHS will deem an F-1 nonimmigrant student who receives on-
campus employment authorization under this notice to be engaged in a
``full course of study'' for the purpose of maintaining F-1 student
status for the duration of the on-campus employment, if the student
satisfies the minimum course load requirement described in this notice.
See 8 CFR 214.2(f)(6)(i)(F). However, the authorization to reduce the
normal course load is solely for DHS purposes of determining valid F-1
nonimmigrant student status. Nothing in this notice mandates that
school officials allow an F-1 student to take a reduced course load if
the reduction would not meet the school's minimum course load
requirement for continued enrollment.\11\
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\11\ Minimum course load requirement for enrollment in a school
must be established in a publicly available document (e.g., catalog,
website, or operating procedure), and it must be a standard
applicable to all students (U.S. citizens and foreign students)
enrolled at the school.
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Off-Campus Employment Authorization
What regulatory requirements does this notice temporarily suspend
relating to off-campus employment?
For an F-1 student covered by this notice, as provided under 8 CFR
214.2(f)(9)(ii)(A), the Secretary is suspending the following
regulatory requirements relating to off-campus employment:
(a) The requirement that a student must have been in F-1
nonimmigrant student status for one full academic year to be eligible
for off-campus employment;
(b) The requirement that an F-1 nonimmigrant student must
demonstrate that acceptance of employment will not interfere with the
student's carrying a full course of study;
(c) The requirement that limits an F-1 nonimmigrant student's
employment authorization to no more than 20 hours per week of off-
campus employment while school is in session; and
(d) The requirement that the student demonstrate that employment
under 8 CFR 214.2(f)(9)(i) is unavailable or otherwise insufficient to
meet the needs that have arisen as a result of the unforeseen
circumstances.
[[Page 36291]]
Will an F-1 nonimmigrant student who receives off-campus employment
authorization under this notice have authorization to reduce the normal
course load and still maintain F-1 nonimmigrant status?
Yes. DHS will deem an F-1 nonimmigrant student who receives off-
campus employment authorization by means of this notice to be engaged
in a ``full course of study'' for the purpose of maintaining F-1
nonimmigrant student status for the duration of the students'
employment authorization if the student satisfies the minimum course
load requirement described in this notice. See 8 CFR 214.2(f)(6)(i)(F).
However, the authorization to reduce the normal course load is solely
for DHS purposes of determining valid F-1 student status. Nothing in
this notice mandates that school officials allow an F-1 nonimmigrant
student to take a reduced course load if such a reduced course load
would not meet the school's minimum course load requirement.\12\
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\12\ Minimum course load requirement for enrollment in a school
must be established in a publicly available document (e.g., catalog,
website, or operating procedure), and it must be a standard
applicable to all students (U.S. citizens and foreign students)
enrolled at the school.
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How may an eligible F-1 nonimmigrant student obtain employment
authorization for off-campus employment with a reduced course load
under this notice?
An F-1 nonimmigrant student must file a Form I-765, Application for
Employment Authorization, with USCIS to apply for off-campus employment
authorization based on the severe economic hardship directly resulting
from the crisis in Yemen. Filing instructions are at <a href="http://www.uscis.gov/i-765">http://www.uscis.gov/i-765</a>.
Fee considerations. Submission of a Form I-765 currently requires
payment of a $410 fee. An applicant who is unable to pay the fee may
submit a completed Form I-912, Request for Fee Waiver, along with the
Form I-765 Application for Employment Authorization. See <a href="http://www.uscis.gov/feewaiver">www.uscis.gov/feewaiver</a>. The submission must include an explanation of why USCIS
should grant the fee waiver and the reason(s) for the inability to pay,
and any evidence to support the reason(s). See 8 CFR 103.7(c).
Supporting documentation. An F-1 nonimmigrant student seeking off-
campus employment authorization due to severe economic hardship must
demonstrate the following to the DSO:
(1) This employment is necessary to avoid severe economic hardship;
and
(2) The hardship is a direct result of the current crisis in Yemen.
If the DSO agrees that the F-1 nonimmigrant student should receive
such employment authorization, the DSO must recommend application
approval to USCIS by entering the following statement in the remarks
field of the student's SEVIS record, which will then appear on that
student's Form I-20:
Recommended for off-campus employment authorization in excess of
20 hours per week and reduced course load under the Special Student
Relief authorization from the date of the USCIS authorization noted
on Form I-766 until [DSO must insert the student's program end date
or the end date of the notice, whichever date comes first].
The F-1 nonimmigrant student must then file the properly endorsed
Form I-20 and Form I-765 according to the instructions for the Form I-
765. The F-1 nonimmigrant student may begin working off campus only
upon receipt of the EAD from USCIS.
DSO recommendation. In making a recommendation that a nonimmigrant
student be approved for Special Student Relief, the DSO certifies the
following:
(a) The F-1 nonimmigrant student is in good academic standing and
carrying a ``full course of study'' \13\ at the time of the request for
employment authorization;
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\13\ See 8 CFR 214.2(f)(6).
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(b) The F-1 nonimmigrant student is a citizen of Yemen and is
experiencing severe economic hardship as a direct result of the current
crisis in Yemen, as documented on the Form I-20;
(c) The F-1 nonimmigrant student has confirmed that the student
will comply with the reduced course load requirements of 8 CFR
214.2(f)(5)(v) and register for the duration of the authorized
employment for a minimum of six semester or quarter hours of
instruction per academic term if at the undergraduate level or for a
minimum of three semester or quarter hours of instruction per academic
term if at the graduate level; and
(d) The off-campus employment is necessary to alleviate severe
economic hardship to the individual as a direct result of the current
humanitarian crisis in Yemen.
Processing. To facilitate prompt adjudication of the student's
application for off-campus employment authorization under 8 CFR
214.2(f)(9)(ii)(C), the F-1 nonimmigrant student should do both of the
following:
(a) Ensure that the application package includes all of the
following documents:
(1) A completed Form I-765;
(2) The required fee or properly documented fee waiver request as
defined in 8 CFR 103.7(c); and
(3) A signed and dated copy of the student's Form I-20 with the
appropriate DSO recommendation, as previously described in this notice;
and
(b) Send the application in an envelope that is clearly marked on
the front of the envelope, bottom right-hand side, with the phrase
``SPECIAL STUDENT RELIEF.'' Failure to include this notation may result
in significant processing delays.
If USCIS approves the student's Form I-765, USCIS will send the
student an EAD as evidence of employment authorization. The EAD will
contain an expiration date that does not exceed the end of the granted
temporary relief.
Temporary Protected Status (TPS) Considerations
Can an F-1 nonimmigrant student apply for TPS and for benefits under
this notice at the same time?
Yes. An F-1 nonimmigrant student who has not yet applied for TPS or
other relief that reduce the student's course load per term and permits
an increase number of work hours per week, such as the Special Student
Relief,\14\ under this notice has two options.
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\14\ DHS Study in the States, Special Student Relief available
at <a href="https://studyinthestates.dhs.gov/students/special-student-relief">https://studyinthestates.dhs.gov/students/special-student-relief</a>
[last visited May 2021].
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Under the first option, the nonimmigrant student may file the TPS
application according to the instructions in the Federal Register
Notice designating Yemen for TPS. All TPS applicants must file a Form
I-821, Application for Temporary Protected Status. Although not
required to do so, if an F-1 nonimmigrant student wants to obtain an
EAD based on the student's TPS application valid until March 3, 2023,
and to be eligible for EAD extensions that may be available to EADs
with an A-12 or C-19 category code, the student must file Form I-765
and pay the Form I-765 fee (or submit a Form I-912, Request for a Fee
Waiver). After receiving the TPS-related EAD, an F-1 nonimmigrant
student may request that the student's DSO make the required entry in
SEVIS, issue an updated Form I-20, as described in this notice, and
notate that the nonimmigrant student has been authorized to carry a
reduced course load and is working pursuant to a TPS-related EAD. So
long as the nonimmigrant student maintains the minimum course load
described in this notice, does not otherwise violate the student's
nonimmigrant status,
[[Page 36292]]
including as provided under 8 CFR 214.1(g), and maintains the student's
TPS, then the student maintains F-1 status and TPS concurrently.
Under the second option, the nonimmigrant student may apply for an
EAD under Special Student Relief by filing the Form I-765 with the
location specified in the filing instructions. At the same time, the F-
1 nonimmigrant student may file a separate TPS application, but must
submit the TPS application according to the instructions provided in
the Federal Register Notice designating Yemen for TPS. If the
nonimmigrant student has already applied for employment authorization
under student relief, they are not required to submit the Form I-765 as
part of the TPS application. However, some nonimmigrant students may
wish to obtain a TPS EAD in light of certain extensions that may be
available to EADs with an A-12 or C-19 category code. The nonimmigrant
student should check the appropriate box when filling out Form I-821 to
request a TPS-related EAD. Again, the nonimmigrant student will be able
to maintain compliance requirements for F-1 nonimmigrant student status
while having TPS.
When a student applies simultaneously for TPS status and benefits under
this notice, what is the minimum course load requirement while an
application for employment authorization is pending?
The F-1 nonimmigrant student must maintain normal course load
requirements for a ``full course of study'' \15\ unless or until the
nonimmigrant student receives employment authorization under this
notice. TPS-related employment authorization, by itself, does not
authorize a nonimmigrant student to drop below twelve credit hours, or
otherwise applicable minimum requirements (e.g., clock hours for
language students). Once approved for Special Student Relief employment
authorization, the F-1 nonimmigrant student may drop below twelve
credit hours, or otherwise applicable minimum requirements (with a
minimum of six semester or quarter hours of instruction per academic
term if the student is at the undergraduate level, or a minimum of
three semester or quarter hours of instruction per academic term if the
student is at the graduate level). See 8 CFR 214.2(f)(5)(v),
214.2(f)(6), 214.2(f)(9)(i) and (ii).
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\15\ See 8 CFR 214.2(f)(6).
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How does a student who has received a TPS-related employment
authorization document then apply for authorization to take a reduced
course load under this notice?
There is no further application process if a student has been
approved for a TPS-related EAD. However,the F-1 nonimmigrant student
must demonstrate and provide documentation to the DSO of the direct
economic hardship resulting from the civil unrest in Yemen. The DSO
will then verify and note this in the student's SEVIS record to enable
the F-1 nonimmigrant student with TPS to reduce their course load
without any further action or application. No other EAD needs to be
issued for the F-1 nonimmigrant student to have employment
authorization.
Can a noncitizen who has been granted TPS apply for reinstatement to F-
1 student status after his or her F-1 status has lapsed?
Yes. Current regulations permit certain students who fall out of F-
1 nonimmigrant student status to apply for reinstatement. See 8 CFR
214.2(f)(16). This provision might apply to a student who worked on a
TPS-related EAD or dropped their course load before publication of this
notice, and therefore fell out of student status. The student must
satisfy the criteria set forth in the student status reinstatement
regulations.
How long will this notice remain in effect?
This notice grants temporary relief until March 3, 2023,\16\ to
eligible F-1 nonimmigrant students. DHS will continue to monitor the
situation in Yemen. Should the special provisions authorized by this
notice need modification or extension, DHS will announce such changes
in the Federal Register.
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\16\ Because the suspension of requirements under this notice
applies throughout an academic term during which the suspension is
in effect, DHS considers an F-1 nonimmigrant student who engages in
a reduced course load or employment (or both) after this notice is
effective to be engaging in a ``full course of study,'' see 8 CFR
214.2(f)(6), and eligible for employment authorization, through the
end of any academic term for which such student is matriculated as
of March 3, 2023, provided the student satisfies the minimum course
load requirement in this notice. DHS also considers students who
engage in online coursework pursuant to ICE coronavirus disease 2019
(COVID-19) guidance for nonimmigrant students to be in compliance
with regulations while such guidance remains in effect. See ICE
Guidance and Frequently Asked Questions on COVID-19, available at
<a href="https://www.ice.gov/coronavirus">https://www.ice.gov/coronavirus</a> [last visited May 2021].
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Paperwork Reduction Act (PRA)
An F-1 nonimmigrant student seeking off-campus employment
authorization due to severe economic hardship must demonstrate to the
DSO that this employment is necessary to avoid severe economic
hardship. A DSO who agrees that a nonimmigrant student should receive
such employment authorization must recommend an application approval to
USCIS by entering information in the remarks field of the student's
SEVIS record. The authority to collect this information is in the SEVIS
collection of information currently approved by the Office of
Management and Budget (OMB) under OMB Control Number 1653-0038.
This notice also allows eligible F-1 nonimmigrant students to
request employment authorization, work an increased number of hours
while the academic institution is in session, and reduce the student's
course load while continuing to maintain F-1 nonimmigrant student
status.
To apply for employment authorization, certain F-1 nonimmigrant
students must complete and submit a currently approved Form I-765
according to the instructions on the form. OMB has previously approved
the collection of information contained on the current Form I-765,
consistent with the PRA (OMB Control No. 1615-0040). Although there
will be a slight increase in the number of Form I-765 filings because
of this notice, the number of filings currently contained in the OMB
annual inventory for Form I-765 is sufficient to cover the additional
filings. Accordingly, there is no further action required under the
PRA.
Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland Security.
[FR Doc. 2021-14676 Filed 7-7-21; 4:15 pm]
BILLING CODE 9111-28-P
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</html>Indexed from Federal Register on July 9, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.