Notice2021-15605
Employment Authorization for Somali F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of the Current Crisis in Somalia
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 22, 2021
Effective
September 18, 2021
Issuing agencies
Homeland Security Department
Abstract
This notice announces that the Secretary of Homeland Security (Secretary) has suspended certain regulatory requirements for F-1 nonimmigrant students whose country of citizenship is Somalia (regardless of country of birth) and who are experiencing severe economic hardship as a direct result of the current crisis in Somalia. The Secretary is taking action to provide relief to Somali citizens (regardless of country of birth) who are lawful F-1 nonimmigrant students so that 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 138 (Thursday, July 22, 2021)</title>
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[Federal Register Volume 86, Number 138 (Thursday, July 22, 2021)]
[Notices]
[Pages 38739-38744]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-15605]
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DEPARTMENT OF HOMELAND SECURITY
[Docket No. ICEB-2021-0006]
RIN 1653-ZA21
Employment Authorization for Somali F-1 Nonimmigrant Students
Experiencing Severe Economic Hardship as a Direct Result of the Current
Crisis in Somalia
AGENCY: U.S. Immigration and Customs Enforcement (ICE); Department of
Homeland Security (DHS).
SUMMARY: This notice announces that the Secretary of Homeland Security
(Secretary) has suspended certain regulatory requirements for F-1
nonimmigrant students whose country of citizenship is Somalia
(regardless of country of birth) and who are experiencing severe
economic hardship as a direct result of the current crisis in Somalia.
The Secretary is taking action to provide relief to Somali citizens
(regardless of country of birth) who are lawful F-1 nonimmigrant
students so that 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 takes effect on September 18, 2021 and will remain
in effect through March 17, 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#fd8e988b8dbd949e98d399958ed39a928b"><span class="__cf_email__" data-cfemail="1764726167577e747239737f6439707861">[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/sevis/">http://www.ice.gov/sevis/</a>.
SUPPLEMENTARY INFORMATION:
What action is DHS taking under this notice?
The Secretary is exercising the 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 Somalia (regardless of country
of birth), who are present in the United States in lawful F-1
nonimmigrant student status as of September 18, 2021, and who are
experiencing severe economic hardship as a direct result of the ongoing
crisis in Somalia. Effective with this publication, suspension of the
employment limitations is available through March 17, 2023 for those
who are in lawful F-1 nonimmigrant status as of September 18, 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 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 17, 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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[[Page 38740]]
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 Somalia, regardless of country of birth;
(2) Are lawfully present in the United States in an F-1
nonimmigrant status on September 18, 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 maintaining F-1 nonimmigrant status; and
(5) Are experiencing severe economic hardship as a direct result of
the current crisis in Somalia.
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 institutions remains eligible for the relief
provided by means of this notice.
Why is DHS taking this action?
DHS initially designated Somalia for Temporary Protected Status
(TPS) on September 16, 1991 and since has extended and issued new
designations based on extraordinary and temporary conditions that
prevented Somalian nationals from safely returning, as well as, since
2012, ongoing armed conflict.\2\ As a result of the ongoing armed
conflict and extraordinary and temporary conditions, including a
humanitarian crisis in Somalia, the Secretary is redesignating Somalia
for TPS for 18 months, effective September 18, 2021. DHS has reviewed
conditions in Somalia and determined that making employment
authorization available for eligible F-1 nonimmigrant students is
warranted due to conditions of wide ranging emergencies, such as
political and civil unrest, terrorist attack, drought, floods, locust
infestation, and lack of humanitarian aid, among other factors.
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\2\ See Designation of Nationals of Somalia for Temporary
Protected Status, 56 FR 46804 (Sept. 16, 1991) and Extension and
Redesignation of Somalia for Temporary Protected Status, 77 FR 25723
(May 1, 2012).
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Consistent with the Secretary's redesignation of Somalia for TPS,
this notice provides relief to Somali F-1 nonimmigrant students
(regardless of country of birth) experiencing severe economic hardship
as a direct result of the ongoing crisis in Somalia. These nonimmigrant
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.
The armed conflict in Somalia, compounded by drought and other
natural hazards, challenges the resilience and the coping mechanisms of
Somalia's most vulnerable citizens.\3\ Somalia has consistently had a
very large internally displaced population (IDP), reaching 884,000 in
2018, 770,000 in 2019, and 1.2 million in 2020.\4\ As of April 2021,
the United Nations High Commissioner for Refugees (UNHCR) reported
Somalia has 2.95 million IDPs, of which 2.2 million live in highly
congested urban and semi-urban settlements, and all of whom continue to
face serious risks of marginalization, forced eviction, and
exclusion.\5\ Internal displacement remains largely driven by internal
conflict, including Interclan conflicts, and terrorist threats, and is
worsened by floods, drought, and periodic cyclones.\6\ Providing
humanitarian aid and assistance, including in response to high levels
of acute food insecurity, is difficult, limited, and constrained due to
lack of security, attacks on aid workers, generalized violence, and
restrictions imposed by parties to the conflict.\7\ Al-Shabaab, a
terrorist, jihadist fundamentalist group based in East Africa and
Yemen, continues to prohibit many nongovernmental organizations and all
United Nations agencies from working in areas under its control,
blockading some government-controlled towns.\8\ The number of people in
need of humanitarian aid has consistently increased over the last three
years, from 4.2 million in 2019 to 5.2 million in 2020.\9\ In 2021, the
United Nations Office for the Coordination of Humanitarian Affairs
(OCHA) reported 5.9 million people in Somalia require immediate
humanitarian assistance due to the combined impact of conflict,
unpredictable climatic shocks (e.g., due to drought and flooding), the
COVID-19 pandemic, and others problems, such as desert locust
infestation causing crop damage.\10\
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\3\ United Nations High Commissioner for Refugees (UNHCR)
Somalia available at <a href="https://www.unhcr.org/en-us/somalia.html">https://www.unhcr.org/en-us/somalia.html</a> [last
visited May 2021].
\4\ UN High Commissioner for Refugees (UNHCR), Somalia: UNHCR
Submission for the Universal Periodic Review--Somalia--UPR 38th
Session (2021), October 2020, available at: <a href="https://www.refworld.org/docid/60760b4e4.html">https://www.refworld.org/docid/60760b4e4.html</a> [last visited May 2021].
\5\ UN Office for the Coordination of Humanitarian Affairs, 2021
Somalia Humanitarian Needs Overview--Somalia ReliefWeb available at
<a href="https://reliefweb.int/report/somalia/2021-somalia-humanitarian-needs-overview">https://reliefweb.int/report/somalia/2021-somalia-humanitarian-needs-overview</a> [last visited May 2021].
\6\ UN High Commissioner for Refugees (UNHCR), Somalia: UNHCR
Submission for the Universal Periodic Review--Somalia--UPR 38th
Session (2021), October 2020, available at: <a href="https://www.refworld.org/docid/60760b4e4.html">https://www.refworld.org/docid/60760b4e4.html</a> [last visited May 2021].
\7\ Human Rights Watch World Report 2020 available at <a href="https://www.hrw.org/world-report/2020/country-chapters/somalia#">https://www.hrw.org/world-report/2020/country-chapters/somalia#</a> [last
visited May 2021].
\8\ Id.
\9\ United Nations Office for the Coordination of Humanitarian
Affairs (OCHA), 2021 Somalia Humanitarian Needs Overview--Somalia
ReliefWeb available at <a href="https://reliefweb.int/report/somalia/2021-somalia-humanitarian-needs-overview">https://reliefweb.int/report/somalia/2021-somalia-humanitarian-needs-overview</a> [last visited May 2021].
\10\ UN OCHA Somalia Humanitarian Bulletin, April 2021 available
at <a href="https://reliefweb.int/report/somalia/somalia-humanitarian-bulletin-april-2021">https://reliefweb.int/report/somalia/somalia-humanitarian-bulletin-april-2021</a> [last visited May 2021].
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As of May 23, 2021, 76 F-1 nonimmigrant students whose country of
citizenship is Somalia were physically present in the United States and
enrolled in SEVP-certified academic institutions. Given the extent of
the crisis in Somalia, affected F-1 nonimmigrant students whose primary
means of financial support comes from Somalia, may need to be exempt
from the normal student employment requirements to continue their
studies in the United States. The crisis has created financial barriers
for F-1 nonimmigrant students to be able to support themselves and
return to Somalia 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.\11\ A graduate level F-1 nonimmigrant
student who receives on-campus or off-campus employment authorization
under this notice must
[[Page 38741]]
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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\11\ 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.\12\ 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 high 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). Nothing in this notice affects
the applicability of federal and state labor laws limiting the
employment of minors.
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\12\ 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. An 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 certain regulatory requirements
relating to the minimum course load requirement under 8 CFR
214.2(f)(6)(i)(A) and (B) and certain employment eligibility
requirements under 8 CFR 214.2(f)(9). 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 that 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 so 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'' \13\ 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.\14\ 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 they are otherwise
maintaining F-1 nonimmigrant student status.
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\13\ See 8 CFR 214.2(f)(6)(F).
\14\ 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 is
not 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).
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 the
effective date of this notice in the Federal Register?
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 Somalia, regardless of country of birth;
(2) Are lawfully present in the United States in F-1 nonimmigrant
status on September 18, 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 maintaining F-1 nonimmigrant status; and
(5) Are experiencing severe economic hardship as a direct result of
the current crisis in Somalia.
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 Somalia).
Does this notice apply to a continuing F-1 nonimmigrant student who
departs the United States after the effective date of this notice in
the Federal Register, September 18, 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 student's 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 private
kindergarten through grade 12, or public high school grades 9 through
12. Such Somali 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
[[Page 38742]]
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 Somalia 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 nonimmigrant 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 Somalia. 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 USCIS. The standard rules that permit 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'' \15\ 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.\16\
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\15\ See 8 CFR 214.2(f)(6)(F).
\16\ 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 status for
one full academic year in order 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.
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'' \17\ for purposes of maintaining F-1
nonimmigrant student status for the duration of the student's
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 status. Nothing in this
notice mandates that school officials allow an F-1 nonimmigrant student
to take a reduced course load if such reduced course load would not
meet the school's minimum course load requirement.\18\
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\17\ See 8 CFR 214.2(f)(6)(F).
\18\ 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 Somalia. 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. 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
Somalia.
[[Page 38743]]
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 program end date or the end
date of this 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
is carrying a ``full course of study'' \19\ at the time of the request
for employment authorization;
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\19\ See 8 CFR 214.2(f)(6).
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(b) The F-1 nonimmigrant student is a citizen of Somalia
(regardless of country of birth) and is experiencing severe economic
hardship as a direct result of the current crisis in Somalia, 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 the student is 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
crisis in Somalia.
Application filing. 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 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,
Form I-912;
(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 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 reduces the student's course load per term and
permits an increase number of work hours per week, such as the Special
Student Relief,\20\ under this notice has two options.
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\20\ 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 student may file the TPS application
according to the instructions in the Federal Register notice
designating Somalia 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 valid through
March 17, 2023 based on their TPS application, 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 and pay the Form I-821 fee (or 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, 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 Somalia for TPS. If the F-1
nonimmigrant student has already applied for employment authorization
under Special 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-related EAD in light of certain
extensions that may be available to EADs with an A-12 or C-19 category
code. See 8 CFR 274a.12(a)(12) and (c)(19). The nonimmigrant student
should check the appropriate box when filling out Form I-821 to request
a TPS-related EAD. Again, so long as the nonimmigrant student maintains
the minimum course load described in this notice and does not otherwise
violate the student's nonimmigrant status, including as provided under
8 CFR 214.1(g), the nonimmigrant will be able to maintain compliance
requirements for F-1 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'' \21\ 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 credit hours of instruction per
academic term if at the undergraduate level, or for a minimum of three
semester or quarter credit hours of instruction per academic term if at
the graduate level). See 8 CFR
[[Page 38744]]
214.2(f)(5)(v), 214.2(f)(6), 214.2(f)(9)(i) and (ii).
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\21\ See 8 CFR 214.2(f)(6).
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How does an F-1 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 with USCIS 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 crisis in Somalia. The DSO
will then verify and update the student's record in SEVIS 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 student 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 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 F-1 student status reinstatement regulations.
How long will this notice remain in effect?
This notice grants temporary relief through March 17, 2023 \22\ to
eligible F-1 nonimmigrant students. DHS will continue to monitor the
situation in Somalia. 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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\22\ 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 17, 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 their 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. 2021-15605 Filed 7-21-21; 8:45 am]
BILLING CODE 9111-28-P
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</html>Indexed from Federal Register on July 22, 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.