Notice2021-16480
Employment Authorization for Haitian F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of the Current Crisis in Haiti
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
August 3, 2021
Effective
August 3, 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 Haiti (regardless of country of birth) and who are experiencing severe economic hardship as a direct result of the current crisis in Haiti. The Secretary is taking action to provide relief to Haitian 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 146 (Tuesday, August 3, 2021)</title>
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[Federal Register Volume 86, Number 146 (Tuesday, August 3, 2021)]
[Notices]
[Pages 41857-41862]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16480]
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DEPARTMENT OF HOMELAND SECURITY
[DHS Docket No. ICEB-2021-0008]
RIN 1653-ZA20
Employment Authorization for Haitian F-1 Nonimmigrant Students
Experiencing Severe Economic Hardship as a Direct Result of the Current
Crisis in Haiti
AGENCY: U.S. Immigration and Customs Enforcement (ICE), DHS.
ACTION: Notice.
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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 Haiti (regardless
of country of birth) and who are experiencing severe economic hardship
as a direct result of the current crisis in Haiti. The Secretary is
taking action to provide relief to Haitian 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 F-1 notice is effective August 3, 2021 through February 3,
2023.
FOR FURTHER INFORMATION CONTACT: Sharon Snyder, Unit Chief, Policy and
Response Unit, Student and Exchange Visitor Program, MS 5600, U.S.
Immigration and Customs Enforcement, 500 12th Street SW, Washington, DC
20536-5600; email: <a href="/cdn-cgi/l/email-protection#7e0d1b080e3e171d1b501a160d50191108"><span class="__cf_email__" data-cfemail="98ebfdeee8d8f1fbfdb6fcf0ebb6fff7ee">[email protected]</span></a>, telephone: (703) 603-3400. This is
not a toll-free number. Program information can be found at <a href="http://www.ice.gov/sevis/">http://www.ice.gov/sevis/</a>.
SUPPLEMENTARY INFORMATION:
What action is the Department of Homeland Security (DHS) taking under
this notice?
The Secretary of Homeland Security 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 Haiti (regardless
of country of birth) who are present in the United States in lawful F-1
nonimmigrant student status as of August 3, 2021, and who are
experiencing severe economic hardship as a direct result of the current
crisis in Haiti. DHS initially suspended certain regulatory
requirements for F-1 nonimmigrant students experiencing severe economic
hardship as a direct result of the January 12, 2010 earthquake in
Haiti. See 75 FR 56120 (Sep. 15, 2010). The original notice was
effective from September 15, 2010, until July 22, 2011. A subsequent
notice provided for an 18-month extension from July 22, 2011, through
January 22, 2013. See 76 FR 28997 (May 19, 2011). A third notice
provided another 18-month extension from January 22, 2013, through July
22, 2014. See 77 FR 59942 (Oct. 1, 2012). A fourth notice provided for
another 18-month extension from July 22, 2014, through January 22,
2016. See 79 FR 11805 (Mar. 3, 2014). A fifth notice provided for
another 18-month extension from January 22, 2016, through July 22,
2017. See 80 FR 51579 (Aug. 25, 2015). Effective with this publication,
suspension of the employment limitations is available through February
3, 2023, for those who are in lawful F-1 nonimmigrant status as of
August 3, 2021. DHS will deem an F-1 nonimmigrant student granted
employment authorization through 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 engaged 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 February 3, 2023, provided the student satisfies the minimum
course load requirements 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 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 Haiti, regardless of country of birth;
(2) Were lawfully present in the United States in an F-1
nonimmigrant status on August 3, 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 institution that is Student and Exchange
Visitor Program (SEVP)-certified for enrollment of F-1 nonimmigrant
students;
(4) Are maintaining F-1 status; and
(5) Are experiencing severe economic hardship as a direct result of
the current crisis in Haiti.
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. Nothing in this notice affects the
applicability of federal and state labor laws limiting the employment
of minors.
Why is DHS taking this action?
As a result of the current crisis in Haiti, the Secretary
designated Haiti for Temporary Protected Status (TPS) for 18 months,
effective August 3, 2021 through February 3, 2023, based on
extraordinary and temporary conditions
[[Page 41858]]
in Haiti that prevent nationals from returning safely, specifically, a
political crisis accompanied by human rights abuses; serious security
concerns; and the Coronavirus 2019 (COVID-19) pandemic's exacerbation
of a dire economic situation and lack of access to food, water, and
healthcare. Previously, DHS took action to provide temporary relief to
F-1 nonimmigrant students whose country of citizenship is Haiti and who
experienced severe economic hardship because of the January 12, 2010
earthquake. See 75 FR 56120 (Sept. 15, 2010). That action along with
subsequent extension notices,\2\ enabled these F-1 nonimmigrant
students to obtain employment authorization, work an increased number
of hours while the academic institution was in session, and reduce
their course loads, while continuing to maintain F-1 nonimmigrant
student status. DHS has reviewed conditions in Haiti and determined
that making employment authorization available for eligible
nonimmigrant students is again warranted due to the current crisis in
Haiti.
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\2\ See Extension of Employment Authorization for Haitian F-1
Nonimmigrant Students Experiencing Severe Economic Hardship as a
Direct Result of the January 12, 2010 Earthquake in Haiti, 76 FR
28997 (May 19, 2011); Extension of Employment Authorization for
Haitian F-1 Nonimmigrant Students Experiencing Severe Economic
Hardship as a Direct Result of the January 12, 2010 Earthquake in
Haiti, 77 FR 59942 (Oct. 1, 2012); Extension of Employment
Authorization for Haitian F-1 Nonimmigrant Students Experiencing
Severe Economic Hardship as a Direct Result of the January 12, 2010
Earthquake in Haiti, 79 FR 11805 (Mar. 3, 2014); Extension of
Employment Authorization for Haitian F-1 Nonimmigrant Students
Experiencing Severe Economic Hardship as a Direct Result of the
January 12, 2010 Earthquake in Haiti, 80 FR 51579 (Aug. 25, 2015).
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Haiti faces significant human rights issues stemming from
presidential use of executive decrees for a range of actions to include
creating an intelligence agency accountable only to the president,\3\
in addition to serious security concerns resulting from gang violence
that is allegedly supported and protected by the state.\4\ The Human
Rights Service of the United Nations Integrated Office in Haiti and the
Office of the High Commissioner for Human Rights reported a 333%
increase in the number of human rights violations and abuses by law
enforcement officials and non-state actors, respectively, against the
rights to life and security of person during the protests that took
place between July 6, 2018 and December 10, 2019.\5\ On March 24, 2021,
the U.N. Security Council expressed concern with ``reported violations
and abuses of international human rights, including some involving the
alleged use of deadly force against protesters and reported arbitrary
arrest and detentions,'' and called on the Inspector General of the
Haitian National Police to conduct a thorough investigation of the
reported incidences.\6\ Security conditions in Port-au-Prince have
deteriorated due to an increase in kidnappings and political
protests.\7\ Furthermore, gang-related violent crimes have expanded
outside of Port-au-Prince with increased crime occurring on major
routes of travel.\8\ On April 21, 2021, the Department of State issued
a Level 4 Travel Advisory for Haiti because of widespread kidnappings
and violent crimes.\9\ On June 10, 2021, the United Nations Office for
the Coordination of Humanitarian Affairs (OCHA) reported an upsurge in
deadly clashes between gangs in Port-au-Prince and an overall increase
to some 10,000 residents who have been displaced due to this and
similar incidents in the past 12 months.\10\ Further, beginning on June
24, 2021, multiple news organizations reported that one of Haiti's most
powerful gang leaders, a former police officer, warned of launching a
``revolution'' against the country's business and political elites,
signaling a likely further escalation of violence in Haiti.\11\ On July
7, 2021, a group of assailants attacked President Moise's residence and
killed him. No one has claimed responsibility for the assassination.
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\3\ Andre Paultre and Sarah Marsh ``The battle for democracy
goes on in Haiti as Mo[iuml]se gains power,'' The Christian Science
Monitor, March 30, 2021, available at <a href="https://www.csmonitor.com/World/Americas/2021/0330/The-battle-for-democracy-goes-on-in-Haiti-as-Moise-gains-power">https://www.csmonitor.com/World/Americas/2021/0330/The-battle-for-democracy-goes-on-in-Haiti-as-Moise-gains-power</a> [last visited May 2021].
\4\ 2020 Country Reports on Human Rights Practices: Haiti,
United States Department of State, March 30, 2021, available at
<a href="https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/haiti/">https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/haiti/</a> [last visited May 2021].
\5\ Unrest in Haiti: Their Impact on Human Rights and the
State's Obligation to Protect all Citizens, United Nations Office of
the High Commissioner for Human Rights/United National Integrated
Office in Haiti, Jan. 18, 2021, available at <a href="https://binuh.unmissions.org/en/unrest-haiti-their-impact-human-rights-and-state%E2%80%99s-obligation-protect-all-citizens-0">https://binuh.unmissions.org/en/unrest-haiti-their-impact-human-rights-and-state%E2%80%99s-obligation-protect-all-citizens-0</a> [last visited May
2021].
\6\ Security Council Presidential Statement Expresses Deep
Concern over Multiple Crises in Haiti, Stressing Government's
Primary Duty to Tackle Instability, United Nations Security Council
Press Release, March 24, 2021, available at <a href="https://www.un.org/press/en/2021/sc14474.doc.htm">https://www.un.org/press/en/2021/sc14474.doc.htm</a> [last visited May 2021].
\7\ Haiti--Complex Emergency Fact Sheet #1, Fiscal Year 2021,
U.S. Agency for International Development (USAID), Jan. 19, 2021,
available at <a href="https://reliefweb.int/report/haiti/haiti-complex-emergency-fact-sheet-1-fiscal-year-fy-2021">https://reliefweb.int/report/haiti/haiti-complex-emergency-fact-sheet-1-fiscal-year-fy-2021</a> [last visited May 2021].
\8\ Haiti 2020 Crime and Safety Report, Overseas Security
Advisory Council (OSAC), U.S. Department of State, available at
<a href="https://www.osac.gov/Content/Report/09752c66-7cac-47f7-a92e-188fe7af0f75">https://www.osac.gov/Content/Report/09752c66-7cac-47f7-a92e-188fe7af0f75</a> [last visited May 2021].
\9\ Haiti Travel Advisory, U.S. Department of State, Apr. 21,
2021, available at <a href="https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories/haiti-travel-advisory.html">https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories/haiti-travel-advisory.html</a> [last
visited May 2021].
\10\ Daily Noon Briefing Highlights, United Nations Office for
the Coordination of Humanitarian Affairs, 10 June 2021, available at
<a href="https://www.unocha.org/story/daily-noon-briefing-highlights-ethiopia-haiti">https://www.unocha.org/story/daily-noon-briefing-highlights-ethiopia-haiti</a>.
\11\ See e.g., ``Haiti Gang Leader Launches `Revolution' as
Violence Escalates'', U.S. News and World Report, June 24, 2021 and
``Haiti gang leader threatens `revolution' '', The New York Carib
News, June 26, 2021.
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Haiti has few resources to tackle its political instability and
frequent natural disasters.\12\ According to the World Bank, it is
``the poorest country in the Latin America and Caribbean region and
among the poorest countries in the world'' ranking 170 out of 189
countries on the 2020 Human Development Index.\13\ Haitians rely
heavily on remittances sent from abroad,\14\ with remittances
constituting approximately 23% of Haiti's Gross Domestic Product (GDP)
in 2019.\15\ Haiti experienced a negative growth rate of approximately
1.7% in 2019 followed by an estimated 3.8% contraction in 2020, as
COVID-19 exacerbated its already weak economy and political
instability.\16\ The World Bank reports an inflation rate at nearly 23%
for 2020.\17\ Public frustration with Haiti's economy has contributed
to ongoing demonstrations.\18\
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\12\ Taft-Morales, Maureen, Haiti's Political and Economic
Conditions, Congressional Research Service (CRS), p.5, Mar. 5, 2020,
available at <a href="https://crsreports.congress.gov/product/pdf/R/R45034">https://crsreports.congress.gov/product/pdf/R/R45034</a>
[last visited May 2021].
\13\ Haiti Overview, The World Bank, last updated Apr 26, 2021,
available at <a href="https://www.worldbank.org/en/country/haiti/overview">https://www.worldbank.org/en/country/haiti/overview</a>
[last visited May 2021].
\14\ Taft-Morales, Maureen, Haiti's Political and Economic
Conditions, Congressional Research Service (CRS), p.5, Mar. 5, 2020,
available at <a href="https://fas.org/sgp/crs/row/R45034.pdf">https://fas.org/sgp/crs/row/R45034.pdf</a> [last visited
May 2021].
\15\ Personal Remittances, Received--Haiti, The World Bank,
available at <a href="https://data.worldbank.org/indicator/BX.TRF.PWKR.DT.GD.ZS?end=2019&locations=HT&start=1971&view=chart">https://data.worldbank.org/indicator/BX.TRF.PWKR.DT.GD.ZS?end=2019&locations=HT&start=1971&view=chart</a>
[last visited May 2021].
\16\ Haiti Overview, The World Bank, last updated Apr 26, 2021,
available at <a href="https://www.worldbank.org/en/country/haiti/overview">https://www.worldbank.org/en/country/haiti/overview</a>
[last visited May 2021].
\17\ Inflation, Consumer Prices (Annual %)--Haiti, The World
Bank, available at <a href="https://data.worldbank.org/indicator/FP.CPI.TOTL.ZG?locations=HT">https://data.worldbank.org/indicator/FP.CPI.TOTL.ZG?locations=HT</a> [last visited May 2021].
\18\ Taft-Morales, Maureen, Haiti's Political and Economic
Conditions, Congressional Research Service (CRS), p.5, Mar. 5, 2020,
available at <a href="https://fas.org/sgp/crs/row/R45034.pdf">https://fas.org/sgp/crs/row/R45034.pdf</a> [last visited
May 2021].
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According to USAID the country still suffers from the lingering
impact of the 2010 earthquake and Hurricane Matthew in 2016 that
exacerbated its existing inadequate healthcare infrastructure as well
as access to electricity, clean water, and sanitation
[[Page 41859]]
systems.\19\ Approximately 40% of Haitians lack access to essential
health and nutrition services, which have been exacerbated by the
COVID-19 pandemic.\20\ The United Nations World Food Programme reports
that Haiti's weather, economic shocks, and insecurity are the main
factors driving up food prices and that the country is vulnerable to
inflation and price volatility, especially during crises such as the
COVID-19 pandemic.\21\ Between August 2020 and February 2021,
approximately 42% of the population faced high acute food insecurity,
and this is projected to rise to 46% of the population for March 2021
to June 2021.\22\ Further, on June 10, 2021, OCHA reported that
displaced residents as a result of deadly gang clashes are in need of
urgent humanitarian assistance and protection to include sanitation
shelter, access to clean water and food.\23\
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\19\ Haiti Health Fact Sheet, U.S. USAID, Jan. 2020, available
at <a href="https://www.usaid.gov/documents/1862/usaidhaiti-health-fact-sheet-january-2020">https://www.usaid.gov/documents/1862/usaidhaiti-health-fact-sheet-january-2020</a> [last visited May 2021].
\20\ Id.
\21\ The Cost of A Plate of Food--2020: Haiti, United Nations
World Food Programme, available at <a href="https://cdn.wfp.org/2020/plate-of-food/">https://cdn.wfp.org/2020/plate-of-food/</a> [last visited May 2021].
\22\ Haiti: Acute Food Insecurity Situation August 2020-February
2021 and Projection for March-June 2021, Integrated Food Security
Phase Classification, available at <a href="http://www.ipcinfo.org/ipc-country-analysis/details-map/en/c/1152816/?iso3=HTI">http://www.ipcinfo.org/ipc-country-analysis/details-map/en/c/1152816/?iso3=HTI</a> [last visited
May 2021].
\23\ Daily Noon Briefing Highlights, United Nations Office for
the Coordination of Humanitarian Affairs, 10 June 2021, available at
<a href="https://www.unocha.org/story/daily-noon-briefing-highlights-ethiopia-haiti">https://www.unocha.org/story/daily-noon-briefing-highlights-ethiopia-haiti</a>.
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As of May 23, 2021, 1,083 F-1 nonimmigrants students whose country
of citizenship is Haiti were physically present in the United States
and enrolled in SEVP-certified academic institutions. Given the extent
of the current crisis in Haiti, affected F-1 nonimmigrant students
whose primary means of financial support comes from Haiti 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 which could interfere with their
ability to support themselves and return to Haiti for the foreseeable
future. Without employment authorization, these students may lack the
means to meet basic living expenses. DHS is therefore making employment
authorization available for F-1 nonimmigrant students whose country of
citizenship is Haiti (regardless of country of birth), who are in
lawful F-1 nonimmigrant student status as of August 3, 2021, who are
currently maintaining F-1 status, and who are experiencing severe
economic hardship as a result of the current crisis in Haiti.
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.\24\ 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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\24\ 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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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 an English language study
program.\25\ See 8 CFR 214.2(f)(6)(i)(G). An F-1 nonimmigrant student
attending an approved private school in grades kindergarten through
grade 12 or public school in grades 9-12 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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\25\ DHS considers students who engage in online coursework
pursuant to ICE 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 Mar.
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 Haitian 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 students must request that their 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, reflects:
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 working off campus), or the end date of this notice,
whichever date comes first].
Must the F-1 nonimmigrant student apply for reinstatement after
expiration of this special employment authorization if the student
reduces their ``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.\26\ 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 status.
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\26\ 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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[[Page 41860]]
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 Haiti, regardless of country of birth;
(2) Are lawfully present in the United States in F-1 nonimmigrant
status on August 3, 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 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 Haiti.
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 Haiti).
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, August 3, 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 Haitian 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. Eligible F-1 nonimmigrant
students covered by this notice who are 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 be authorized 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 this
notice or the beginning date of the student's employment, whichever
date is later] until [DSO must insert the student's program end date
or the end date of this notice, whichever date comes first].
To obtain on-campus employment authorization, the F-1 nonimmigrant
student must demonstrate to their DSO that the employment is necessary
to avoid severe economic hardship directly resulting from the current
crisis in Haiti. A nonimmigrant student authorized by their 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 fulltime 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 the student's F-1 nonimmigrant 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'' \27\ for the purpose of maintaining their F-1
nonimmigrant 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 nonimmigrant
student to take a reduced course load if the reduction would not meet
the school's minimum course load requirement for continued
enrollment.\28\
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\27\ See 8 CFR 214.2(f)(6).
\28\ 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 nonimmigrant 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 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
[[Page 41861]]
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'' for purpose 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 for reduced 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.\29\
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\29\ 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 severe economic hardship resulting from the
current crisis in Haiti. Filing instructions are located 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 from the current crisis in
Haiti.
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 F-1
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'' \30\ at the time of the request
for employment authorization;
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\30\ See 8 CFR 214.2(f)(6).
---------------------------------------------------------------------------
(b) The F-1 nonimmigrant student is a citizen of Haiti (regardless
of country of birth) and is experiencing severe economic hardship as a
direct result of the current crisis in Haiti, 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 Haiti.
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 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,
Form I-912; 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 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 Special
Student Relief,\31\ under this notice has two options.
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\31\ 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 accessed March 2021].
---------------------------------------------------------------------------
Under the first option, the student may file the TPS application
according to the instructions in the August 3, 2021 Federal Register
Notice designating Haiti 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 their TPS application that is valid through February 3,
2023, the student must file Form I-765 and pay the Form I-765 fee
(request 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
[[Page 41862]]
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.\32\
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\32\ TPS-related EADs with certain validity dates are already
extended for eligible beneficiaries of TPS Haiti through October 4,
2021 under the Federal Register Notice issued in compliance with
preliminary injunction orders prohibiting the termination of Haiti's
TPS designation. See 85 FR 79208 (Dec. 9, 2020) (specifying EADs and
other documentation that is continued pursuant to the court orders).
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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 August 3, 2021 Federal Register Notice designating Haiti for TPS.
F-1 nonimmigrant students who have already applied for employment
authorization under Special Student Relief, 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. The nonimmigrant student should check the appropriate
box when filling out Form I-821 to indicate whether EAD is being
requested. 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, included as provided under 8
CFR 214.1(g), the nonimmigrant will be able to maintain compliance
requirements for F-1 nonimmigrant student status while having TPS.
When a student applies simultaneously for TPS 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'' \33\ unless or until the
nonimmigrant student is granted 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 at the undergraduate level, or a minimum of three semester or
quarter hours of instruction per academic term if 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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\33\ See 8 CFR 214.2(f)(6).
---------------------------------------------------------------------------
How does an F-1 nonimmigrant 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 current crisis in Haiti.
The DSO will then verify and update 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 student who has been granted TPS apply for reinstatement to F-1
nonimmigrant student status after their F-1 nonimmigrant student 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 students 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 nonimmigrant student status
reinstatement regulations.
How long will this notice remain in effect?
This notice grants temporary relief until February 3, 2023,\34\ to
eligible F-1 nonimmigrant students. DHS will continue to monitor the
situation in Haiti. 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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\34\ 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 February 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 an eligible F-1 nonimmigrant student 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. 2021-16480 Filed 7-30-21; 8:45 am]
BILLING CODE 9111-28-P
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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.