Notice2022-08357
Employment Authorization for Ukrainian F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of the Ongoing Armed Conflict in Ukraine
Primary source
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Published
April 19, 2022
Effective
April 19, 2022
Issuing agencies
Homeland Security DepartmentU.S. Immigration and Customs Enforcement
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 Ukraine, regardless of country of birth (or individuals having no nationality who last habitually resided in Ukraine), and who are experiencing severe economic hardship as a direct result of the ongoing armed conflict in Ukraine. The Secretary is taking action to provide relief to these Ukrainian students who are lawful F-1 nonimmigrant students, so the students may request employment authorization, work an increased number of hours while the school is in session and reduce their course load while continuing to maintain their F-1 nonimmigrant student status. The Department of Homeland Security (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 87 Issue 75 (Tuesday, April 19, 2022)</title>
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[Federal Register Volume 87, Number 75 (Tuesday, April 19, 2022)]
[Notices]
[Pages 23189-23195]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-08357]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Immigration and Customs Enforcement
[Docket No. ICEB-2022-0006]
RIN 1653-ZA26
Employment Authorization for Ukrainian F-1 Nonimmigrant Students
Experiencing Severe Economic Hardship as a Direct Result of the Ongoing
Armed Conflict in Ukraine
AGENCY: U.S. Immigration and Customs Enforcement, Department of
Homeland Security.
ACTION: Notice.
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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 Ukraine,
regardless of country of birth (or individuals having no nationality
who last habitually resided in Ukraine), and who are experiencing
severe economic hardship as a direct result of the ongoing armed
conflict in Ukraine. The Secretary is taking action to provide relief
to these Ukrainian students who are lawful F-1 nonimmigrant students,
so the students may request employment authorization, work an increased
number of hours while the school is in session and reduce their course
load while continuing to maintain their F-1 nonimmigrant student
status. The Department of Homeland Security (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 April 19, 2022, through October 19,
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#3447514244745d57511a505c471a535b42"><span class="__cf_email__" data-cfemail="681b0d1e1828010b0d460c001b460f071e">[email protected]</span></a>, telephone: (703) 603-3400. This is
not a toll-free number. Program information can be found at <a href="https://www.ice.gov/sevis/">https://www.ice.gov/sevis/</a>.
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 Ukraine, regardless of country of birth (or
individuals having no nationality who last habitually resided in
Ukraine), who are present in the United States in lawful F-1
nonimmigrant student status on the date of publication of this notice,
and who are experiencing severe economic hardship as a direct result of
the ongoing armed conflict in Ukraine. Effective with this publication,
suspension of the employment limitations is available through October
19, 2023, for those who are in lawful F-1 nonimmigrant status. 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 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 October 19, 2023, provided the student satisfies the minimum
course load requirements in this notice. DHS also considers students
who engage in online coursework pursuant to U.S. Immigration and
Customs Enforcement (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, Nonimmigrant Students &
SEVP-Certified Schools: Frequently Asked Questions, <a href="https://www.ice.gov/coronavirus">https://www.ice.gov/coronavirus</a> (last visited Mar. 4, 2022).
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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 a citizen of Ukraine regardless of country of birth (or an
individual having no nationality who last habitually resided in
Ukraine);
(2) Were lawfully present in the United States in F-1 nonimmigrant
status under section 101(a)(15)(F)(i) of the Immigration and
Nationality Act (INA), 8 U.S.C. 1101(a)(15)(F)(i), on the date of
publication of this notice;
(3) Are enrolled in an academic institution that is Student and
Exchange Visitor Program (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 ongoing armed conflict in Ukraine.
This notice applies to F-1 nonimmigrant students in an approved
private school in 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 has reviewed country conditions in Ukraine. Based on this
review, and in consultation with the Department of State (DOS), the
Secretary has determined that an 18-month designation is warranted due
to ongoing armed conflict and emergent circumstances described below.
Overview
On February 24, 2022, Russia massively expanded its unprovoked
military invasion of Ukraine, marking the largest conventional military
action in Europe since World War II.\2\ Millions of Ukrainian nationals
and other residents of Ukraine have fled the country with millions more
displaced internally as Russian forces have continued to engage in
significant, sustained bombardment of major cities across the country,
including attacks on Ukraine's capital, Kyiv.\3\ This ongoing
[[Page 23190]]
armed conflict poses a serious threat to the personal safety of
nationals returning to Ukraine. Emergent circumstances, including
destroyed infrastructure, scarce resources, and lack of access to
healthcare, prevent Ukrainian nationals from returning to their
homeland in safety.
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\2\ ``Russia invades Ukraine on multiple fronts in `brutal act
of war','' PBS, Feb. 24, 2022, available at: <a href="https://www.pbs.org/newshour/world/russia-invades-ukraine-on-multiple-fronts-in-brutal-act-of-war">https://www.pbs.org/newshour/world/russia-invades-ukraine-on-multiple-fronts-in-brutal-act-of-war</a> (last visited Mar. 1, 2022); Natalia Zinets and
Aleksandar Vasovic, ``Missiles rain down around Ukraine,'' Reuters,
Feb. 24, 2022, available at: <a href="https://www.reuters.com/world/europe/putin-orders-military-operations-ukraine-demands-kyiv-forces-surrender-2022-02-24/">https://www.reuters.com/world/europe/putin-orders-military-operations-ukraine-demands-kyiv-forces-surrender-2022-02-24/</a> (last visited Mar. 1, 2022).
\3\ Ukraine: Humanitarian Impact Situation Report No. 1, United
Nations Office for the Coordination of Humanitarian Affairs, Feb.
26, 2022, available at: <a href="https://reliefweb.int/report/ukraine/ukraine-humanitarian-impact-situation-report-no-1-500-pm-26-february-2022">https://reliefweb.int/report/ukraine/ukraine-humanitarian-impact-situation-report-no-1-500-pm-26-february-2022</a> (last visited Mar. 1, 2022).
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Ongoing Armed Conflict and Human Rights Abuses
Russia's further military invasion of Ukraine has placed civilians
at significant risk of physical harm throughout the country.\4\ Aerial
bombardment in and around major cities have been reported as Russian
forces continue to target critical infrastructure.\5\ In the city of
Mariupol, Russian forces reportedly have shelled the city, killing
civilians with strikes on homes, schools, hospitals and shelters, while
blocking routes for humanitarian aid and civilian evacuation.\6\
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\4\ Press briefing notes on Ukraine, United Nations Office of
the High Commissioner Human Rights, Mar. 1, 2022, available at:
<a href="https://www.reuters.com/world/europe/putins-nuclear-move-could-make-situation-much-much-more-dangerous-us-official-2022-02-27/">https://www.reuters.com/world/europe/putins-nuclear-move-could-make-situation-much-much-more-dangerous-us-official-2022-02-27/</a> (last
visited Mar. 1, 2022).
\5\ ``Russia's invasion of Ukraine in maps--latest updates'',
Financial Times, Mar. 1, 2022, available at: <a href="https://www.ft.com/content/4351d5b0-0888-4b47-9368-6bc4dfbccbf5">https://www.ft.com/content/4351d5b0-0888-4b47-9368-6bc4dfbccbf5</a> (last visited Mar. 1,
2022).
\6\ ``What is happening in Mariupol, the Ukrainian city under
Russian siege?'' The Washington Post, Mar. 21, 2022, available at:
<a href="https://www.washingtonpost.com/world/2022/03/21/ukraine-mariupol-seige-russia-faq/">https://www.washingtonpost.com/world/2022/03/21/ukraine-mariupol-seige-russia-faq/</a> (last visited Mar. 25, 2022).
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The scale of attacks harming infrastructure has dramatically
increased, resulting in numerous civilian casualties.\7\ The Prosecutor
of the International Criminal Court in The Hague stated that there is a
reasonable basis to believe that both alleged war crimes and crimes
against humanity have been committed in Ukraine during the past eight
years, so his Office will ``proceed with opening an investigation into
the Situation in Ukraine'' from 21 November 2013 onwards, thereby
encompassing within its scope any past and present allegations of war
crimes, crimes against humanity or genocide committed on any part of
the territory of Ukraine . . .\8\ Based on information currently
available, the U.S. government has assessed that members of Russian
forces have committed war crimes in Ukraine.\9\
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\7\ Russian Offensive Campaign Assessment, The Institute for the
study of War, p. 1 & p. 5, Feb. 28, 2022, available at: <a href="https://www.understandingwar.org/sites/default/files/Russian%20Operations%20Assessments%20Feb28_1.pdf">https://www.understandingwar.org/sites/default/files/Russian%20Operations%20Assessments%20Feb28_1.pdf</a> (last visited Mar.
1, 2022); ``Ukraine conflict: Russia bombs Kharkiv's Freedom Square
and opera house'', BBC, Mar. 1, 2022, available at: <a href="https://www.bbc.com/news/world-europe-60567162">https://www.bbc.com/news/world-europe-60567162</a> (last visited Mar. 1, 2022).
\8\ Statement of ICC Prosecutor, Karim A.A. Khan QC, on the
Situation in Ukraine: `I have decided to proceed with opening an
investigation.', International Criminal Court, Feb. 28, 2022,
available at: <a href="https://www.icc-cpi.int/Pages/item.aspx?name=20220228-prosecutor-statement-ukraine">https://www.icc-cpi.int/Pages/item.aspx?name=20220228-prosecutor-statement-ukraine</a> (last visited Mar. 1, 2022); Statement
of ICC Prosecutor, Karim A.A. Khan QC, on the Situation in Ukraine:
Receipt of Referrals from 39 States Parties and the Opening of an
Investigation, Mar. 2, 2022, available at <a href="https://www.icc-cpi.int/Pages/item.aspx?name=2022-prosecutor-statement-referrals-ukraine">https://www.icc-cpi.int/Pages/item.aspx?name=2022-prosecutor-statement-referrals-ukraine</a>
(last visited Apr. 4, 2022).
\9\ War Crimes by Russia's Forces in Ukraine, Press Statement,
U.S. Secretary of State Antony J. Blinken, Mar. 23, 2022, available
at: <a href="https://www.icc-cpi.int/Pages/item.aspx?name=2022-prosecutor-statement-referrals-ukraine">https://www.icc-cpi.int/Pages/item.aspx?name=2022-prosecutor-statement-referrals-ukraine</a>. (last visited April 1, 2022).
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Humanitarian Situation
The war against Ukraine continues to result in civilian deaths and
generate further population displacement, damage civilian
infrastructure, and exacerbate humanitarian needs across the
country.\10\ As of March 31, 2022 the Office of the United Nations High
Commissioner for Human Rights recorded 3,167 civilian casualties in the
country: 1,232 killed and 1,935 injured; caused by the use of explosive
weapons, shelling from heavy artillery and multiple launch rocket
systems, and missile and air strikes.\11\
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\10\ Ukraine--Complex Emergency, U.S. Agency for International
Development, Mar. 25, 2022, available at: <a href="https://www.usaid.gov/sites/default/files/documents/2022-03-25_USG_Ukraine_Complex_Emergency_Fact_Sheet_8.pdf">https://www.usaid.gov/sites/default/files/documents/2022-03-25_USG_Ukraine_Complex_Emergency_Fact_Sheet_8.pdf</a>.
\11\ Ukraine: Civilian casualty update 31 March 2022, United
Nations Human Rights Office of the High Commissioner, Mar. 31, 2022,
available at: <a href="https://www.ohchr.org/en/press-releases/2022/03/ukraine-civilian-casualty-update-31-march-2022">https://www.ohchr.org/en/press-releases/2022/03/ukraine-civilian-casualty-update-31-march-2022</a>.
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Destruction of Infrastructure and Scarce Resources
Since February 24, significant infrastructural damage in Ukraine
from Russian air strikes has ``left hundreds of thousands of people
without electricity or water, while bridges and roads damaged by
shelling have left communities cut off from markets for food and other
basic supplies.'' \12\ Amid air raid sirens, civilians have sought
safety underground in subway stations, basements, and bunkers.\13\ Food
security has been an ongoing concern in Ukraine with 1.1 million
Ukrainians in need of food assistance--more than a third of these being
severely and moderately food insecure.\14\ The impact on women has been
more pronounced and ``all available data show that female-headed
households are an estimated 1.3 times more often experiencing food
insecurity, compared to the overall population.'' \15\ Prior to
Russia's February 24 expansion of the invasion, in February 2022,
UNOCHA estimated that 2.5 million Ukrainians were in need of water,
sanitation and hygiene assistance.\16\ Those without access to
alternative water sources have been most heavily impacted.\17\
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\12\ Ukraine: Humanitarian Impact, Situation Report No. 01, OCHA
Ukraine, Feb. 26, 2022, available at: <a href="https://reliefweb.int/report/ukraine/ukraine-humanitarian-impact-situation-report-no-1-500-pm-26-february-2022">https://reliefweb.int/report/ukraine/ukraine-humanitarian-impact-situation-report-no-1-500-pm-26-february-2022</a> (last visited Mar. 1, 2022).
\13\ ``Fear, darkness and newborn babies: inside Ukraine's
underground shelters'', The Guardian, Feb. 26, 2022, available at:
<a href="https://www.theguardian.com/world/2022/feb/26/fear-darkness-and-newborn-babies-inside-ukraine-underground-shelters">https://www.theguardian.com/world/2022/feb/26/fear-darkness-and-newborn-babies-inside-ukraine-underground-shelters</a> (last visited
Mar. 1, 2022).
\14\ 2022 Humanitarian Needs Overview--Ukraine, UNOCHA, p. 79,
Feb. 11, 2022, available at: <a href="https://www.humanitarianresponse.info/sites/www.humanitarianresponse.info/files/documents/files/ukraine_2022_hno_eng_2022-02-11.pdf">https://www.humanitarianresponse.info/sites/www.humanitarianresponse.info/files/documents/files/ukraine_2022_hno_eng_2022-02-11.pdf</a> (last visited Mar. 1, 2022).
\15\ Id. p. 51.
\16\ Id. p. 73.
\17\ Id. p. 39.
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Lack of Access to Healthcare
Shortly after Russia began this offensive in 2022, UNOCHA reported
that in Ukraine, the ``most pressing humanitarian needs are emergency
medical services, critical medicines, health supplies and equipment,
safe water for drinking and hygiene, and shelter and protection for
those displaced from their home.'' \18\ Ukraine's health care system
already had major deficiencies including shortages of medications and
supplies, poor infrastructure, and understaffing.\19\
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\18\ Ukraine: Humanitarian Impact, Situation Report No. 01, OCHA
Ukraine, Feb. 26, 2022, available at: <a href="https://reliefweb.int/report/ukraine/ukraine-humanitarian-impact-situation-report-no-1-500-pm-26-february-2022">https://reliefweb.int/report/ukraine/ukraine-humanitarian-impact-situation-report-no-1-500-pm-26-february-2022</a> (last visited Mar. 1, 2022).
\19\ Exploring Access to health care services in Ukraine: A
protection and health perspective, Protection Cluster Ukraine/Health
Cluster Ukraine, Jul. 2019, available at: <a href="https://www.humanitarianresponse.info/sites/www.humanitarianresponse.info/files/2019/07/2019-07-Exploring-access-to-health-care-services-in-Ukraine_ENG.pdf">https://www.humanitarianresponse.info/sites/www.humanitarianresponse.info/files/2019/07/2019-07-Exploring-access-to-health-care-services-in-Ukraine_ENG.pdf</a> (last visited Mar. 1, 2022).
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Challenges within Ukraine's health care system have been
exacerbated by the massive expansion of armed conflict amidst a
pandemic.\20\ Strikes hitting medical facilities have resulted in
injuries and deaths, including among health care workers, and have
resulted in critical shortages of medical supplies in some areas.\21\
Kyiv city authorities reported over 80 babies were born in
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bomb shelters in the first two nights.\22\ The COVID-19 pandemic
already put significant strain on Ukraine's health care system by
stretching its limited capacity.\23\ Since January 3, 2020, there have
been over 5 million confirmed cases of COVID-19 with 107,957 deaths the
number of deaths topping 100,000.\24\ Hospitals have struggled with the
volume of COVID cases and Ukraine has one of the lowest vaccination
rates in Europe.\25\
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\20\ Impact of Health Reform on the Primary Healthcare Level in
Conflict-Affected Areas of Donetsk and Luhansk Oblasts,
M[eacute]dicos del Mundo, June 2021, available at: <a href="https://reliefweb.int/report/ukraine/impact-healthcare-reform-primary-healthcare-level-conflict-affected-areas-donetsk-and">https://reliefweb.int/report/ukraine/impact-healthcare-reform-primary-healthcare-level-conflict-affected-areas-donetsk-and</a> (last visited
Mar. 1, 2022).
\21\ Emergency in Ukraine: External Situation Report #3, World
Health Organization, Mar. 17, 2022, available at: <a href="https://www.who.int/publications/i/item/WHO-EURO-2022-5152-44915-63936">https://www.who.int/publications/i/item/WHO-EURO-2022-5152-44915-63936</a> (last
visited Mar. 25, 2022).
\22\ ``Fear, darkness and newborn babies: Inside Ukraine's
underground shelters'', The Guardian, Feb. 26, 2022, available at:
<a href="https://www.theguardian.com/world/2022/feb/26/fear-darkness-and-newborn-babies-inside-ukraine-underground-shelters">https://www.theguardian.com/world/2022/feb/26/fear-darkness-and-newborn-babies-inside-ukraine-underground-shelters</a> (last visited
Mar. 1, 2022).
\23\ ``We are devoted to this work because the health and lives
of people are at stake'', United Nations Office of the High
Commissioner Human Rights, Aug. 16, 2022, available at: <a href="https://www.ohchr.org/EN/NewsEvents/Pages/Ukraine-and-COVID-19.aspx">https://www.ohchr.org/EN/NewsEvents/Pages/Ukraine-and-COVID-19.aspx</a> (last
visited Apr. 1, 2022).
\24\ WHO Health Emergency Dashboard, WHO (COVID-19) Homepage--
Ukraine, WHO, available at: <a href="https://covid19.who.int/region/euro/country/ua">https://covid19.who.int/region/euro/country/ua</a> (last visited Apr. 1, 2022).
\25\ WHO Health Emergency Dashboard, WHO (COVID-19) Homepage--
Ukraine, WHO, available at: <a href="https://covid19.who.int/region/euro/country/ua">https://covid19.who.int/region/euro/country/ua</a> (last visited Apr. 1, 2022).
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Displacement
Prior to Russia's full-scale military invasion into Ukraine on
February 24, 2022, a large number of Ukrainian citizens had already
been internally displaced by the Russia-backed conflict in the Donbas
and Russia's occupation of Crimea since 2014.\26\ As of March 5, 2021,
well before the onset of the 2022 invasion by Russia, the Ukrainian
Ministry of Social Policy had already registered 1,461,770 individuals
as internally displaced persons (IDPs).\27\ Among these nearly 1.5
million IDPs, 195,320 were children, 724,786 were elderly and 51,478
were persons with disabilities.\28\ Moreover, life in Ukraine for many
IDPs was dire with an estimated 300,000 IDPs having been identified as
in need of livelihood assistance and food assistance for the year 2022,
even before the onset of the February 2022 Russian invasion.\29\
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\26\ 2022 Humanitarian Needs Overview--Ukraine, UNOCHA, p. 34,
Feb. 11, 2022, available at: <a href="https://www.humanitarianresponse.info/sites/www.humanitarianresponse.info/files/documents/files/ukraine_2022_hno_eng_2022-02-11.pdf">https://www.humanitarianresponse.info/sites/www.humanitarianresponse.info/files/documents/files/ukraine_2022_hno_eng_2022-02-11.pdf</a> (last visited Apr. 1, 2022).
\27\ 2022 Humanitarian Needs Overview--Ukraine, UNOCHA, p. 34,
Feb. 11, 2022, available at: <a href="https://www.humanitarianresponse.info/sites/www.humanitarianresponse.info/files/documents/files/ukraine_2022_hno_eng_2022-02-11.pdf">https://www.humanitarianresponse.info/sites/www.humanitarianresponse.info/files/documents/files/ukraine_2022_hno_eng_2022-02-11.pdf</a> (last visited Apr. 1, 2022).
\28\ Registration of Internal Displacement, UNHCR, Apr. 1, 2021,
available at: <a href="https://app.powerbi.com/view?r=eyJrIjoiY2RhMmExMjgtZWRlMS00YjcwLWI0MzktNmEwNDkwYzdmYTM0IiwidCI6ImU1YzM3OTgxLTY2NjQtNDEzNC04YTBjLTY1NDNkMmFmODBiZSIsImMiOjh9">https://app.powerbi.com/view?r=eyJrIjoiY2RhMmExMjgtZWRlMS00YjcwLWI0MzktNmEwNDkwYzdmYTM0IiwidCI6ImU1YzM3OTgxLTY2NjQtNDEzNC04YTBjLTY1NDNkMmFmODBiZSIsImMiOjh9</a> (last
visited Mar. 1, 2022).
\29\ 2022 Humanitarian Needs Overview--Ukraine, UNOCHA, p. 34,
Feb. 11, 2022, available at: <a href="https://www.humanitarianresponse.info/sites/www.humanitarianresponse.info/files/documents/files/ukraine_2022_hno_eng_2022-02-11.pdf">https://www.humanitarianresponse.info/sites/www.humanitarianresponse.info/files/documents/files/ukraine_2022_hno_eng_2022-02-11.pdf</a> (last visited Mar. 1, 2022).
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The newly intensified and widespread conflict has caused more than
four million people to exit Ukraine for Poland, Hungary, Slovakia,
Romania, Moldova, and beyond.\30\ The United Nations notes that women
and girls face higher risks of human rights violations and sexual
exploitation and abuse, including transactional sex, survival sex and
conflict-related sexual violence.\31\
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\30\ Operational Data Portal, UNHCR, Mar. 6, 2022, available at:
<a href="https://data2.unhcr.org/en/situations/ukraine">https://data2.unhcr.org/en/situations/ukraine</a> (last visited Mar. 31,
2022).
\31\ Rapid Gender Analysis of Ukraine: Secondary data review,
UNHCR, Mar. 29, 2022, <a href="https://data2.unhcr.org/en/documents/details/91723">https://data2.unhcr.org/en/documents/details/91723</a> (last visited Apr. 4, 2022)
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As of February 28, 2022, approximately 2,604 F-1 nonimmigrant
students from Ukraine (or individuals having no nationality who last
habitually resided in Ukraine) are in the United States and enrolled at
SEVP-certified U.S. academic institutions. Given the extent of the
ongoing war in Ukraine, affected students whose primary means of
financial support comes from Ukraine may need to be exempt from the
normal student employment requirements to continue their studies in the
United States. The ongoing armed conflict has made it unfeasible for
many students to safely return to Ukraine 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 to maintain valid F-1
nonimmigrant status under 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.\32\ 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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\32\ 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 towards satisfying this minimum course load
requirement, unless the course of study is in an English language study
program.\33\ See 8 CFR 214.2(f)(6)(i)(G). An F-1 nonimmigrant student
attending an approved private school in kindergarten through grade 12
or public school in grades 9 through 12 must maintain ``class
attendance for not less than the minimum number of hours a week
prescribed by the school for normal progress towards 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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\33\ DHS considers students who are compliant with ICE
Coronavirus Disease 2019 (COVID-19) guidance for nonimmigrant
students to be in compliance with regulations while such COVID-19
guidance remains in effect. See ICE Guidance and Frequently Asked
Questions on COVID-19, <a href="https://www.ice.gov/coronavirus">https://www.ice.gov/coronavirus</a> (last visited
Mar. 4, 2022).
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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 is a Ukrainian citizen,
regardless of country of birth (or an individual having no nationality
who last habitually resided in Ukraine), 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, 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
[[Page 23192]]
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 date 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'' \34\ 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.\35\ 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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\34\ See 8 CFR 214.2(f)(6).
\35\ 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, as required under
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 into 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 certain F-1 nonimmigrant students who meet
the following conditions:
(1) Are citizens of Ukraine, regardless of country of birth (or
individuals having no nationality who last habitually resided in
Ukraine);
(2) Were lawfully present in the United States in F-1 nonimmigrant
status, under section 101(a)(15)(F)(i) of the INA, 8 U.S.C.
1101(a)(15)(F)(i) on the date of publication of this notice;
(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 ongoing armed conflict in Ukraine.
An F-1 nonimmigrant student who does not meet all 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 ongoing armed conflict in
Ukraine).
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 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 an F-1 nonimmigrant student, but
only if the DSO has properly endorsed 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 in order to continue their 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 from Ukraine enrolled in
private kindergarten through grade 12, or public high school grades 9
through 12. Such students must maintain the minimum number of hours of
class attendance per week prescribed by the academic institution for
normal progress towards graduation, as required under 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 may 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
F-1 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 be reflected 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 the DSO that the employment is necessary to
avoid severe economic hardship directly resulting from the ongoing
armed conflict in Ukraine. An F-1 nonimmigrant student authorized by
the student's 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, as required under 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 their 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'' \36\ for the purpose of maintaining their F-1
nonimmigrant
[[Page 23193]]
student status for the duration of the on-campus employment if the
student satisfies the minimum course load requirement described in this
notice, as required under 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.\37\
---------------------------------------------------------------------------
\36\ See 8 CFR 214.2(f)(6).
\37\ 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 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'' \38\ for the 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, as required under 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 nonimmigrant
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.\39\
---------------------------------------------------------------------------
\38\ See 8 CFR 214.2(f)(6).
\39\ 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 directly resulting from
the ongoing armed conflict in Ukraine. Filing instructions are located
at: <a href="https://www.uscis.gov/i-765">https://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
about 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 ongoing armed conflict
in Ukraine.
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 the
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 that:
(a) The F-1 nonimmigrant student is in good academic standing and
is carrying a ``full course of study'' \40\ at the time of the request
for employment authorization;
---------------------------------------------------------------------------
\40\ See 8 CFR 214.2(f)(6).
---------------------------------------------------------------------------
(b) The F-1 nonimmigrant student is a citizen of Ukraine,
regardless of country of birth (or an individual having no nationality
who last habitually resided in Ukraine), and is experiencing severe
economic hardship as a direct result of the ongoing armed conflict in
Ukraine, 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 ongoing
armed conflict in Ukraine.
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 which is clearly marked on
the
[[Page 23194]]
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 a Form I-766 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 temporary protected status
(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 increased number of work hours per week, such as Special
Student Relief,\41\ under this notice has two options.
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\41\ See DHS Study in the States, Special Student Relief,
<a href="https://studyinthestates.dhs.gov/students/special-student-relief">https://studyinthestates.dhs.gov/students/special-student-relief</a>
(last visited Mar. 4, 2022).
---------------------------------------------------------------------------
Under the first option, the nonimmigrant student may file the TPS
application according to the instructions in the USCIS notice
announcing the designation of Ukraine for TPS published elsewhere in
this issue of the Federal Register. All TPS applicants must file a Form
I-821, Application for Temporary Protected Status with the appropriate
fee (or request a fee waiver). Although not required to do so, if F-1
nonimmigrant students want to obtain a new EAD based on their TPS
application that is valid through October 19, 2023, and to be eligible
for automatic EAD extensions that may be available to EADs with an A-12
or C-19 category code, they must file Form I-765 and pay the Form I-765
fee (or submit a Request for Fee Waiver (Form I-912)). 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 nonimmigrant 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 announcing the designation of Ukraine for
TPS. The F-1 nonimmigrant student already has applied for employment
authorization under Special Student Relief and may choose not 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 indicate whether a TPS related 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 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'' \42\ 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 214.2(f)(5)(v), (f)(6), and (f)(9)(i)
and (ii).
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\42\ See 8 CFR 214.2(f)(6).
---------------------------------------------------------------------------
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 with USCIS if a student has
been approved for a TPS-related EAD. The F-1 nonimmigrant student must
demonstrate and provide documentation to the DSO of the direct economic
hardship resulting from the current crisis in Ukraine. The DSO will
then verify and update the student's record in SEVIS to enable the F-1
nonimmigrant student with TPS to reduce the 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 of F-
1 nonimmigrant student status after the noncitizen's 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. These students 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 October 19, 2023 \43\ to
eligible F-1 nonimmigrant students. DHS will continue to monitor the
situation in Ukraine. Should the special provisions authorized by this
notice need modification or extension, DHS will
[[Page 23195]]
announce such changes in the Federal Register.
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\43\ 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 October 19, 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,
Nonimmigrant Students & SEVP-Certified Schools: Frequently Asked
Questions, <a href="https://www.ice.gov/coronavirus">https://www.ice.gov/coronavirus</a> (last visited Mar. 4,
2022).
---------------------------------------------------------------------------
Paperwork Reduction Act (PRA)
An F-1 nonimmigrant student seeking off-campus employment
authorization due to severe economic hardship resulting from the
ongoing armed conflict in Ukraine 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 Mayorkas,
Secretary, U.S. Department of Homeland Security.
[FR Doc. 2022-08357 Filed 4-18-22; 8:45 am]
BILLING CODE 9111-28-P
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</html>Indexed from Federal Register on April 19, 2022.
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.