Notice2022-08362
Employment Authorization for Sudanese F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of the Current Crisis in Sudan
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
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) has suspended certain regulatory requirements for F-1 nonimmigrant students whose country of citizenship is the Republic of Sudan (Sudan), regardless of country of birth (or individuals having no nationality who last habitually resided in Sudan), and who are experiencing severe economic hardship as a direct result of the current crisis in Sudan. The Secretary is taking action to provide relief to Sudanese students who are lawful F-1 nonimmigrant students so they may request employment authorization, work an increased number of hours while 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 23195-23202]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-08362]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Immigration and Customs Enforcement
[Docket No. ICEB-2022-0005]
RIN 1653-ZA25
Employment Authorization for Sudanese F-1 Nonimmigrant Students
Experiencing Severe Economic Hardship as a Direct Result of the Current
Crisis in Sudan
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) has suspended certain regulatory requirements for F-1
nonimmigrant students whose country of citizenship is the Republic of
Sudan (Sudan), regardless of country of birth (or individuals having no
nationality who last habitually resided in Sudan), and who are
experiencing severe economic hardship as a direct result of the current
crisis in Sudan. The Secretary is taking action to provide relief to
Sudanese students who are lawful F-1 nonimmigrant students so they may
request employment authorization, work an increased number of hours
while 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#c2b1a7b4b282aba1a7eca6aab1eca5adb4"><span class="__cf_email__" data-cfemail="2b584e5d5b6b42484e054f4358054c445d">[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 Sudan, regardless of country of birth (or
individuals having no nationality who last habitually resided in
Sudan), 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 current
crisis in Sudan. Effective with this publication, suspension of the
employment limitations is available through October 19, 2023, for
Sudanese students in lawful F-1 nonimmigrant status. DHS will deem an
F-1 nonimmigrant student granted employment authorization through the
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 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. 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 Sudan regardless of country of birth (or an
individual having no nationality who last habitually resided in Sudan);
(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;
[[Page 23196]]
(4) Are maintaining F-1 nonimmigrant status; and
(5) Are experiencing severe economic hardship as a direct result of
the current crisis in Sudan.
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 is taking this action to provide relief to Sudanese F-1
nonimmigrant students experiencing severe economic hardship as a result
of the crisis in Sudan. After reviewing country conditions in Sudan and
receiving input from the U.S. Department of State (DOS), DHS is taking
action to allow eligible F-1 nonimmigrant students from Sudan to
request employment authorization, work an increased number of hours
while school is in session, and reduce their course load while
continuing to maintain F-1 nonimmigrant student status.
The political instability, violence, and human rights abuses;
ongoing intercommunal violence in several regions of the country; and a
humanitarian crisis linked to the political instability, unprecedented
floods, food and clean water shortages, and internal displacement have
impacted millions of individuals in Sudan.\2\ On December 20, 2021, DOS
issued a Level 4 travel advisory for Sudan, warning people not to
travel to Sudan due to ``civil unrest'' and ``crime, terrorism,
kidnapping, and armed conflict.'' \3\ DHS is taking action to provide
relief to Sudanese F-1 nonimmigrant students because of the conditions
described below.
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\2\ Sudan Complex Crisis--Overview, Assessment Capacities
Project (ACAPS), Aug. 3, 2021, available at <a href="https://www.acaps.org/country/sudan/crisis/complex-crisis">https://www.acaps.org/country/sudan/crisis/complex-crisis</a>; U.S. Dep't of State, 2020
Country Reports on Human Rights Practices: Sudan (Mar. 30, 2021).
<a href="https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/sudan/">https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/sudan/</a>.
\3\ Sudan Travel Advisory, U.S. Dep't of State (Dec. 20, 2021),
<a href="https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories/sudan-travel-advisory.html">https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories/sudan-travel-advisory.html</a>.
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Political Situation
In April 2019, Sudan's President Omar al-Bashir was overthrown
following months of popular protests, ending his 30-year rule.\4\ In
August 2019, a civilian-led transitional government made up of a
Sovereign Council (whose civilian, armed group and military
representatives formed a collective head of state), a civilian Prime
Minister, and a Council of Ministers, was established.\5\ Throughout
2021, Sudan continued to face rising political tensions between
civilian leaders and the military members of the Sovereign Council as
well as growing protests.\6\ In October 2021, Lt. General Abdel Fattah
al Burhan launched a military takeover that brought an end to the
civilian-led transitional government.\7\
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\4\ Sudan Complex Crisis--Overview, Assessment Capacities
Project (ACAPS) (Aug. 3, 2021), <a href="https://www.acaps.org/country/sudan/crisis/complex-crisis">https://www.acaps.org/country/sudan/crisis/complex-crisis</a> (last visited Mar. 2022).
\5\ Id.
\6\ The Forces for the Declaration of Freedom and Change, or
FDFC, is the main coalition of opposition groups that has been
stepping up calls for the military to hand leadership over to
civilians in the government. It is comprised of various anti-al-
Bashir political parties, professional movements and opposition
groups. It has also called for restructuring the military and
security agencies and ensure that al-Bashir loyalists are removed
from these agencies, and to absorb the various opposition armed
groups into Sudan's security agencies. See Samy Magdy and Lee Keath,
EXPLAINER: How months of tensions led to Sudan's coup, AP News (Oct.
26, 2021), <a href="https://apnews.com/article/explaining-what-led-to-sudan-coup-8e3609d1f573b6dd0383ed7a09f0d4aa">https://apnews.com/article/explaining-what-led-to-sudan-coup-8e3609d1f573b6dd0383ed7a09f0d4aa</a> (last visited Mar. 2022).
\7\ U.S. Relations With Sudan Bilateral Relations Fact Sheet,
U.S. Dept. of State, Feb. 4, 2022, available at https://
www.state.gov/u-s-relations-with-sudan/
#:~:text=The%20Sovereign%20Council%20%E2%80%93%20a%20body,a%20collect
ive%20head%20of%20state.
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Since the October 2021 military takeover, protests have continued
throughout Sudan.\8\ Hundreds have reportedly been arrested, including
activists, passersby, journalists, and an Al Jazeera bureau chief, who
was released several days later.\9\ Security forces have reportedly
used ammunition and tear gas on protestors.\10\ In addition to the
arrests, at least 92 protesters have been killed with thousands more
injured by security forces.\11\
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\8\ Sudanese forces shoot 14 in deadliest day since military
coup, The Guardian (Nov. 17, 2021), <a href="https://www.theguardian.com/world/2021/nov/17/sudanese-forces-shoot-dead-at-least-14-protesters-against-coup">https://www.theguardian.com/world/2021/nov/17/sudanese-forces-shoot-dead-at-least-14-protesters-against-coup</a> (last visited Mar. 1, 2022).
\9\ Id.
\10\ Michael Atit, Sudan Journalists Protest Media Crackdown
Since Coup, Voice of America (Nov. 17, 2021), <a href="https://www.voanews.com/a/sudan-journalists-protest-media-crackdown-since-coup/6317029.html">https://www.voanews.com/a/sudan-journalists-protest-media-crackdown-since-coup/6317029.html</a> (last visited Mar. 2022).
\11\ The Guardian, supra note 10.
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Following the military takeover, in November 2021, civilian and
military leaders made a power-sharing agreement, reinstating Prime
Minister Abdalla Hamdok. However, ``[p]rotests continued even after Mr.
Hamdok had returned to office, with some demonstrators saying that his
reinstatement was helping to legitimatise the military takeover.'' \12\
With violence against civilian protesters continuing, Prime Minister
Hamdok resigned on January 2, 2022.\13\ Protests continue, as does the
use of excessive forcevoice by security forces. The U.S. government
sanctioned the Central Reserve Police, a militarized police unit, for
serious human rights abuse under E.O. 13818 on March 21, 2022.
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\12\ Sudan coup: Prime Minister Abdalla Hamdok resigns after
mass protests, <a href="http://BBC.com">BBC.com</a> (Jan. 3, 2022), <a href="https://www.bbc.com/news/world-africa-59855246">https://www.bbc.com/news/world-africa-59855246</a> (last visited Mar. 2022).
\13\ Yassir Abdullah, Nima Elbagir, and Hamdi Alkhshali,
Sudanese Prime Minister's resignation triggered by military reneging
on deal, sources say, CNN (Jan. 4, 2022), <a href="https://www.cnn.com/2022/01/03/africa/sudan-pm-resignation-details-intl/index.html">https://www.cnn.com/2022/01/03/africa/sudan-pm-resignation-details-intl/index.html</a> (last
visited Mar. 2022).
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Armed Conflict and Civil Unrest
In 2020, the civilian-led transitional government signed a peace
agreement--Juba Peace Agreement \14\--with various oppositions groups,
including groups from Darfur and the South Kordofan and Blue Nile (AKA
the ``Two Areas'') regions of Sudan.\15\ However, one Darfuri
opposition group which did not sign this peace agreement, the Sudan
Liberation Army/Movement--Abdul Wahid (SLA/AW), continues to be engaged
in clashes with the government forces, including with the Sudanese
Armed Forces (SAF).\16\
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\14\ U.S. Dep't of State, supra note 2, at 2.
\15\ Id. at 1.
\16\ Durable Solutions & Baseline Analysis for the U.N.
Peacebuilding Fund and the Durable Solutions Working Group in Sudan;
Key obstacles to durable solutions and peacebuilding for the
displacement-affected communities in Nertiti locality, Central
Darfur, U.N. Refugee Agency (UNHCR), 14 (Aug. 2021), <a href="https://data2.unhcr.org/en/documents/download/88364">https://data2.unhcr.org/en/documents/download/88364</a> (last visited Mar.
2022).
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In January 2021, the United Nations Office for the Coordination of
Humanitarian Affairs (UNOCHA) reported that instability, including
intercommunal tensions, remained in several parts of the country.\17\
In July 2021, the Secretary General for the United Nations (U.N.)
asserted that the primary security concern in Sudan remains ``the
increasing frequency of intercommunal violence.'' \18\ Additionally,
the withdrawal of the African Union-United Nations Hybrid Operation in
Darfur (UNAMID) in June 2021 \19\ has ``left a security and
[[Page 23197]]
programmatic vacuum, which has yet to be filled by the transitional
government or state-level authorities.'' \20\
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\17\ Sudan: Humanitarian Response Plan 2021, UNOCHA, 12 (Jan.
2021), <a href="https://www.ecoi.net/en/file/local/2045900/SDN_2021HRP.pdf">https://www.ecoi.net/en/file/local/2045900/SDN_2021HRP.pdf</a>
(last visited Mar. 2022).
\18\ Review of the situation in Darfur--Report of the Secretary
General, SCOR, 4 (July 31, 2021), <a href="https://undocs.org/pdf?symbol=en/S/2021/696">https://undocs.org/pdf?symbol=en/S/2021/696</a> (last visited Mar. 2022).
\19\ Withdrawal of Hybrid Peacekeeping Operation in Darfur
Completed by 30 June Deadline, Under-Secretary-General Tells
Security Council, Outlining Plans to Liquidate Assets, UN News (July
27, 2021), <a href="https://www.un.org/press/en/2021/sc14587.doc.htm">https://www.un.org/press/en/2021/sc14587.doc.htm</a> (last
visited Mar. 2022).
\20\ Review of the situation in Darfur and benchmarks to assess
the measures on Darfur; Report of the Secretary-General [S/2021/
696], SCOR, 4 (July 2021), <a href="https://www.ecoi.net/en/file/local/2058498/S_2021_696_E.pdf">https://www.ecoi.net/en/file/local/2058498/S_2021_696_E.pdf</a> (last visited Mar. 2022).
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i. Civil Unrest in Darfur
In July 2021, the U.N. reported that intercommunal violence ``has
increased in frequency and scale over the past year, in particular in
West, North and South Darfur.'' \21\ Since 2019, West Darfur has seen
an escalation of intercommunal violence between two key ethnic groups
in their region--the ``Arab armed groups and [the] Masalit [Darfuri
ethnic group].'' \22\ An escalation of violence in April 2021 resulted
in a reported 144 people killed and 232 injured. Because heavy weapons
were reportedly used, homes, a hospital, a U.N. compound, and a camp
for internally displaced persons were destroyed or damaged. Also, ``a
power plant--the only source of electricity in El Geneina--was damaged,
resulting in a critical disruption to most of the town's communication
facilities, in addition to electricity and water supplies in some
areas.'' \23\ A few months later, in July 2021, UNOCHA reported that
``around 500 armed men attached [a town] leaving more than 60 people
dead, . . . and another 60 injured.'' \24\
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\21\ Id.
\22\ Durable Solutions & Baseline Analysis for the U.N.
Peacebuilding Fund and the Durable Solutions Working Group in Sudan;
Key obstacles to durable solutions and peacebuilding for the
displacement-affected communities in Jebel Moon Locality, West
Darfur, UNHCR, 15 (Aug. 2021), <a href="https://data2.unhcr.org/en/documents/download/88361">https://data2.unhcr.org/en/documents/download/88361</a> (last visited Mar. 2022).
\23\ Situation in the Sudan and the activities of the United
Nations Integrated Transition Assistance Mission in the Sudan;
Report of the Secretary-General [S/2021/470], SCOR, 5-6 (May 17,
2021), <a href="https://www.ecoi.net/en/file/local/2052225/S_2021_470_E.pdf">https://www.ecoi.net/en/file/local/2052225/S_2021_470_E.pdf</a>
(last visited Mar. 2022).
\24\ UNOCHA, Sudan: Escalation of Violence in Darfur--Flash
Update No. 2, 1 (July 27, 2020), <a href="https://www.ecoi.net/en/file/local/2035090/Situation+Report+-+Sudan+-+23+Jul+2020+%284%29.pdf">https://www.ecoi.net/en/file/local/2035090/Situation+Report+-+Sudan+-+23+Jul+2020+%284%29.pdf</a> (last
visited Mar. 1, 2022).
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In 2019, UNOCHA assessed that intercommunal violence was the main
driver of protection needs in North Darfur.\25\ In 2021, the European
Asylum Support Office (EASO) reported on a series of clashes in the
region.\26\
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\25\ UNHCR, Durable Solutions & Baseline Analysis for the UN
Peacebuilding Fund and the Durable Solutions Working Group in Sudan;
Key obstacles to durable solutions and peacebuilding for the
displacement-affected communities in Tawila locality, North Darfur,
14 (Aug. 2021), <a href="https://data2.unhcr.org/en/documents/download/88365">https://data2.unhcr.org/en/documents/download/88365</a>
(last visited Mar. 2022).
\26\ EASO, Political developments and security situation in
Sudan between 1 Sept. 2020-31 Aug. 2021, 12 (Oct. 20, 2021), <a href="https://www.ecoi.net/en/file/local/2062609/2021_09_Q31_EASO_COI_QUERY_RESPONSE_SUDAN_SECURITY_SITUATION.pdf">https://www.ecoi.net/en/file/local/2062609/2021_09_Q31_EASO_COI_QUERY_RESPONSE_SUDAN_SECURITY_SITUATION.pdf</a>
(last visited Mar. 2022).
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Central Darfur is also considered a hotspot due to the strong
presence of the SLA/AW in this area, and throughout the Jebel Marra
mountains.\27\ Widespread insecurity and regular clashes between SLA/AW
forces and the SAF has resulted in counter retaliation attacks, with
civilians reportedly attacked for collaborating with either of the
forces.\28\ In September 2021, the U.N. reported on continued fighting
between SLA/AW and government forces in Central Darfur,\29\ including
on May 18, when a clash reportedly resulted in the displacement of
1,284 people.\30\
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\27\ UNHCR, supra note 19, at 14.
\28\ Id.
\29\ Situation in the Sudan and the activities of the United
Nations Integrated Transition Assistance Mission in the Sudan, SCOR,
4 (Sept. 1, 2021), <a href="https://www.ecoi.net/en/file/local/2059931/S_2021_766_E.pdf">https://www.ecoi.net/en/file/local/2059931/S_2021_766_E.pdf</a> (last visited Mar. 2022).
\30\ Id.
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In South Darfur, fighting in May 2020 over land grazing rights
between an indigenous group, the Fellata/Fallata, and the Rizeigat
reportedly resulted in the death of 30 civilians.\31\ In January 2021,
deadly clashes between these groups resumed, reportedly leaving 60 dead
and 40 wounded.\32\ In July 2021, intercommunal violence persisted
between the Fallata and Ta'isha tribes, reportedly leaving 48 dead and
displacing 185 people.\33\
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\31\ Reliefweb, 30 people killed in intercommunal violence in
South Darfur (May 6, 2020), <a href="https://reliefweb.int/report/sudan/30-people-killed-intercommunal-violence-south-darfur">https://reliefweb.int/report/sudan/30-people-killed-intercommunal-violence-south-darfur</a> (last visited Mar.
1, 2022).
\32\ Associated Press, Samy Magdy, Tribal clashes leave dozens
dead in 2 Sudanese provinces (Jan. 18, 2021), reported by abcNEWS,
<a href="https://abcnews.go.com/International/wireStory/sudanese-bury-victims-darfur-violence-death-toll-129-75322312">https://abcnews.go.com/International/wireStory/sudanese-bury-victims-darfur-violence-death-toll-129-75322312</a> (last visited Mar.
2022).
\33\ SCOR, Situation in the Sudan and the activities of the
United Nations Integrated Transition Assistance Mission in the
Sudan, 4 (Sept.1, 2021), <a href="https://www.ecoi.net/en/file/local/2059931/S_2021_766_E.pdf">https://www.ecoi.net/en/file/local/2059931/S_2021_766_E.pdf</a> (last visited Mar. 2022).
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Similar intercommunal tensions in East Darfur are rooted in a long
history of tensions ``between the Rizeigat (pastoralists) and Ma'aliya
(sedentary farmers) and Rizeigat (pastoralists) against Misseriya
(pastoralists).'' \34\ These legacy disputes are ``driven by control of
land, tribal leadership and wider political power plus access to
pasture and water.'' \35\
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\34\ UNHCR, Durable Solutions & Baseline Analysis for the UN
Peacebuilding Fund and the Durable Solutions Working Group in Sudan;
Key obstacles to durable solutions and peacebuilding for the
displacement-affected communities in Assalaya, Yassin and Sheiria
localities, East Darfur, 15 (Aug. 2021), <a href="https://data2.unhcr.org/en/documents/download/88358">https://data2.unhcr.org/en/documents/download/88358</a> (last visited Mar. 2022).
\35\ Id.
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ii. Civil Unrest in Other Regions
The security situation in the Two Areas remains tense.\36\ In 2017,
the main opposition group in this region--the Sudan People's Liberation
Movement/Army-North (SPLM/A-N)--splintered into two factions, resulting
in several months of violence between the two groups.\37\ Both groups
were reportedly also involved in area fighting between Arab nomads and
Nuban farmers in which a dozen or more people were killed.\38\ Similar
``deadly clashes'' \39\ in the region included security forces who
joined and aligned with civilians fighting along ethnic lines.\40\
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\36\ Asylum Research Centre, Sudan: Country Report; The
situation in South Kordofan and Blue Nile--An Update (3rd edition
with addendum), 20 (Mar. 2021), <a href="https://www.ecoi.net/en/file/local/2045013/Final_01.03.2021.pdf">https://www.ecoi.net/en/file/local/2045013/Final_01.03.2021.pdf</a> (last visited Mar. 2022).
\37\ Enough, A Question of Leadership: Addressing a Dangerous
Crisis in Sudan SPLM-N, 2 (Jul. 2017), <a href="https://enoughproject.org/reports/a-question-of-leadership">https://enoughproject.org/reports/a-question-of-leadership</a> (last visited Mar. 2022).
\38\ U.S. Dep't of State, supra note 2, at 9.
\39\ Asylum Research Centre, supra note 39, at 22.
\40\ UNHCR, Report of the Independent Expert on the situation of
human rights in the Sudan, 13 (Jul. 30, 2020), <a href="https://reliefweb.int/report/sudan/report-independent-expert-situation-human-rights-sudan-ahrc4553-enar">https://reliefweb.int/report/sudan/report-independent-expert-situation-human-rights-sudan-ahrc4553-enar</a> (last visited Mar. 2022); Id. at
22-23.
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In January 2019, Sudan's Eastern State (the ``Red Sea State''),
also saw renewed intercommunal violence between the main Arab and non-
Arab ethnic groups in the region.\41\ In September 2021, the U.N.
assessed that the ``security situation in the eastern Red Sea State
remained volatile.'' \42\
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\41\ U.S. Dep't of State, 2019 Country Reports on Human Rights
Practices: Sudan, 9 (Mar. 30, 2020), <a href="https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/sudan/">https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/sudan/</a> (last visited
Mar. 2022).
\42\ SCOR, Situation in the Sudan and the activities of the
United Nations Integrated Transition Assistance Mission in the
Sudan, 5 (Sept. 1, 2021), <a href="https://www.ecoi.net/en/file/local/2059931/S_2021_766_E.pdf">https://www.ecoi.net/en/file/local/2059931/S_2021_766_E.pdf</a> (last visited Mar. 2022).
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In the Abyei region disputed between Sudan and South Sudan, the
U.N. reported that the security situation remained tense with renewed
intercommunal violence between the two main ethnic groups in the
region--the Misseriya and Ngok Dinka communities.\43\ In April 2021,
the U.N. reported that the ``general security situation in the Abyei
Area has been relatively calm, yet tense and
[[Page 23198]]
unpredictable.'' \44\ The ``most prevalent threats to security were
shooting incidents, the increased presence of unidentified armed
groups, armed attacks on civilians and violent confrontations between
the communities.'' \45\
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\43\ SCOR, The situation in Abyei; Report of the Secretary-
General [S/2020/1019] (Oct. 15, 2020), <a href="https://www.ecoi.net/en/file/local/2039488/S_2020_1019_E.pdf">https://www.ecoi.net/en/file/local/2039488/S_2020_1019_E.pdf</a> (last visited Mar. 2022).
\44\ The situation in Abyei; Report of the Secretary-General [S/
2021/383], SCOR, 2 (Apr. 20, 2021), <a href="https://reliefweb.int/report/sudan/situation-abyei-report-secretary-general-s2021383-enar">https://reliefweb.int/report/sudan/situation-abyei-report-secretary-general-s2021383-enar</a> (last
visited Mar. 2022).
\45\ Id.
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Humanitarian Crisis
Sudan also continues ``to suffer from one of the world's largest
protracted humanitarian crises'' due to conflict and displacement,
deteriorating economic conditions, limited access to basic services,
and several disease outbreaks, including the COVID-19 pandemic.\46\
Since 2018, Sudan has also faced severe economic challenges.\47\
National poverty levels have risen drastically,\48\ and incomes, wages,
and purchasing power have fallen, ``driving 9.6 million people--almost
a quarter of the entire population of Sudan--to severe food
insecurity.'' \49\ This economic crisis has reportedly ``degraded the
already weak, underdeveloped and heavily underfunded primary healthcare
system,'' including by the end of 2020, reducing the number of
healthcare facilities by 40 percent across the country.\50\ The COVID-
19 pandemic has further ``compounded the already dire public health
situation.'' \51\
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\46\ Sudan Humanitarian impact of multiple protracted crises,
ACAPS, 2 (Nov. 24, 2021), <a href="https://www.acaps.org/sites/acaps/files/products/files/20201124_acaps_briefing_note_sudan_impact_of_multiple_crises.pdf">https://www.acaps.org/sites/acaps/files/products/files/20201124_acaps_briefing_note_sudan_impact_of_multiple_crises.pdf</a>
(last visited Mar. 2022).
\47\ Sudan Economic Crisis, ACAPS, 1 (Feb. 2019), <a href="https://www.acaps.org/sites/acaps/files/products/files/20190213_acaps_briefing_note_sudan_economic_crisis.pdf">https://www.acaps.org/sites/acaps/files/products/files/20190213_acaps_briefing_note_sudan_economic_crisis.pdf</a> (last visited
Mar. 2022).
\48\ Child Protection Annual Report 2020, UN Children's Fund
(UNICEF), 6 (Mar. 2021), <a href="https://www.unicef.org/sudan/media/6091/file/Child%20Protection%20.pdf">https://www.unicef.org/sudan/media/6091/file/Child%20Protection%20.pdf</a> (last visited Mar. 2022).
\49\ Id.
\50\ Id.
\51\ Id.
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During the rainy season in 2020, flooding affected ``close to
900,000 people across the country and farmland, livestock, shelter and
other infrastructure.'' \52\ Other areas suffered droughts.\53\ Many of
the flood areas have very limited access to clean water.\54\ Water
supply sources have been affected by overflow of the Blue Nile River
destroying nearby latrines, resulting in increased risk of water
contamination and the outbreak of waterborne diseases.\55\ The health
situation in Sudan has continued to deteriorate due to flooding causing
``stagnant and contaminated water.'' \56\
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\52\ UNOCHA, Sudan: Humanitarian Response Plan 2021, 12 (Feb.
21, 2021), <a href="https://reliefweb.int/report/sudan/sudan-humanitarian-response-plan-2021-january-2021-enar">https://reliefweb.int/report/sudan/sudan-humanitarian-response-plan-2021-january-2021-enar</a> (last visited Mar. 2022).
\53\ SCOR, supra note 47, at 5.
\54\ International Federation of Red Cross and Red Crescent
Societies, Sudan: Floods--Operation Update--Emergency Appeal (Mar.
25, 2021), <a href="https://reliefweb.int/report/sudan/sudan-floods-operation-update-emergency-appeal-n-mdrsd028-24-march-2021">https://reliefweb.int/report/sudan/sudan-floods-operation-update-emergency-appeal-n-mdrsd028-24-march-2021</a> (last
visited Mar. 2022).
\55\ Id.
\56\ Id.
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Sudan's worsening economy and protracted health emergencies have
resulted in an increase of the number of people without access to basic
health services.\57\ Sudan has experienced disease outbreaks including
cholera, malaria, dengue, chikungunya, viral hemorrhagic fevers and
polio.\58\ In 2020 alone, thirteen out of Sudan's eighteen states
experienced one or more outbreaks of chikungunya, dengue fever, rift
valley fever, or diphtheria.\59\ The COVID-19 pandemic has ``further
strained the capacity of the health care system due to nationwide
lockdowns, re-allocation of health resources, and disruption of global
supply chains that impacted availability of medicines and medical
supplies.'' \60\
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\57\ Sudan Situation Report, 31 May 2021, UNOCHA, 46 (May 31,
2021), <a href="https://www.ecoi.net/en/file/local/2055652/Situation+Report+-+Sudan+-+12+May+2021.pdf">https://www.ecoi.net/en/file/local/2055652/Situation+Report+-+Sudan+-+12+May+2021.pdf</a> (last visited Mar. 2022).
\58\ UNOCHA, supra note 55.
\59\ UNICEF, Sudan Health Annual Report 2020, 5, <a href="https://www.unicef.org/sudan/media/6141/file/Health.pdf">https://www.unicef.org/sudan/media/6141/file/Health.pdf</a> (last visited Mar.
2022).
\60\ UNOCHA, supra note 55, at 46.
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In Sudan, ``[w]omen and girls suffer the most due to insecurity,
violations of basic human rights, low economic status, lack of
livelihood opportunities, and lack of community awareness on women's
rights.'' \61\ The United Nations Children's Fund (UNICEF) has also
noted that ``[c]hildren throughout Sudan are already bearing the brunt
of decades of conflict, chronic underdevelopment and poor
governance,\62\ with 64 percent of children below 14 years of age
experiencing various forms of violence.'' \63\
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\61\ Id.
\62\ UNICEF, Children killed, injured, detained and abused amid
escalating violence and unrest in Sudan (June 11, 2019), <a href="https://www.unicef.org/press-releases/children-killed-injured-detained-and-abused-amid-escalating-violence-and-unrest">https://www.unicef.org/press-releases/children-killed-injured-detained-and-abused-amid-escalating-violence-and-unrest</a> (last visited Mar. 2022).
\63\ UNICEF, Child Protection Annual Report 2020, 7 (Mar. 2021),
<a href="https://www.unicefusa.org/about/publications/annual-report-2020?gclid=EAIaIQobChMI9p2M0uD39AIVMv7jBx3c2gHbEAAYASAAEgKHN_D_BwE">https://www.unicefusa.org/about/publications/annual-report-2020?gclid=EAIaIQobChMI9p2M0uD39AIVMv7jBx3c2gHbEAAYASAAEgKHN_D_BwE</a>
(last visited Mar. 2022).
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According to UNOCHA, ``Sudan has seen an increase in the number of
people in need of humanitarian assistance from 5.8 million people in
2016 to 13.4 million in 2021.'' \64\ It is estimated that among the
13.4 million people in need,\65\ 9.8 million are severely food
insecure.\66\ Yet, access to humanitarian assistance is uncertain. In
2021, the Assessments Capacities Project (ACAPS) reported that armed
opposition groups in some areas created ``barriers to the delivery of
humanitarian aid.'' \67\ Intercommunal clashes in other areas have also
affected humanitarian operations.\68\ The UNAMID drawdown and closure
has also resulted in increased looting and impacted ``people's ability
to move and reach needed aid.'' \69\ In July 2021, the U.N. reported
that ``since January 2021, 11 of the 14 UNAMID team sites, which have
been handed over to civilian authorities, have been looted.'' \70\
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\64\ UNOCHA, supra note 55, at 10.
\65\ UNOCHA, Sudan Key Figures, <a href="https://m.reliefweb.int/country/220/sdn">https://m.reliefweb.int/country/220/sdn</a> (last visited on Nov. 23, 2021).
\66\ UNOCHA, Sudan Situation Report (Sep. 27, 2021), <a href="https://reliefweb.int/report/sudan/sudan-situation-report-29-sep-2021">https://reliefweb.int/report/sudan/sudan-situation-report-29-sep-2021</a> (last
visited Mar. 2022).
\67\ ACAPS, Humanitarian Access Overview, 12 (July 2021),
<a href="https://www.acaps.org/sites/acaps/files/products/files/20210719_acaps_humanitarian_access_overview_july_2021.pdf">https://www.acaps.org/sites/acaps/files/products/files/20210719_acaps_humanitarian_access_overview_july_2021.pdf</a> (last
visited Mar. 2022).
\68\ Id.
\69\ Id.
\70\ SCOR, Review of the situation in Darfur and benchmarks to
assess the measures on Darfur; Report of the Secretary-General [S/
2021/696], 4 (July 2021), <a href="https://www.ecoi.net/en/file/local/2058498/S_2021_696_E.pdf">https://www.ecoi.net/en/file/local/2058498/S_2021_696_E.pdf</a> (last visited Mar. 2022).
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As of February 28, 2022, approximately 324 F-1 nonimmigrant
students from Sudan (or individuals having no nationality who last
habitually resided in Sudan) are in the United States and enrolled in
courses at SEVP-certified U.S. academic institutions. Given the extent
of the current crisis in Sudan, affected students whose primary means
of financial support comes from Sudan may need to be exempt from the
normal student employment requirements to continue their studies in the
United States. The current crisis has made it unfeasible for many
students to safely return to Sudan 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.\71\ A graduate-level F-1
[[Page 23199]]
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). Nothing in this notice affects the applicability of
other minimum course load requirements set by the academic institution.
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\71\ 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.\72\ 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 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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\72\ 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
Feb. 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 Sudan citizen, regardless
of country of birth (or an individual having no nationality who last
habitually resided in Sudan), 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 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'' \73\ 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.\74\ 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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\73\ See 8 CFR 214.2(f)(6).
\74\ Undergraduate F-1 nonimmigrant students enrolled in a term
of different duration must register for at least one half of the
credit hours normally required under a ``full course of study.'' See
8 CFR 214.2(f)(6)(i)(B).
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Will an F-2 dependent (spouse or minor child) of an F-1 nonimmigrant
student covered by this notice be eligible to apply for employment
authorization?
No. An F-2 spouse or minor child of an F-1 nonimmigrant student is
not authorized to work in the United States and, therefore, may not
accept employment under the F-2 nonimmigrant status. See 8 CFR
214.2(f)(15)(i).
Will the suspension of the applicability of the standard student
employment requirements apply to an individual who receives an initial
F-1 visa and makes an initial entry in the United States after the
effective date of this notice in the Federal Register?
No. The suspension of the applicability of the standard regulatory
requirements only applies to F-1 nonimmigrant students who meet the
following conditions:
(1) Are citizens of Sudan, regardless of country of birth (or
individuals having no nationality who last habitually resided in
Sudan);
(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 current crisis in Sudan.
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 current crisis in Sudan).
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 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 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 Sudan enrolled in
private kindergarten through grade 12, or public high school grades 9
through 12. Such students must maintain the minimum number of hours
[[Page 23200]]
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 from Sudan 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 current
crisis in Sudan. 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 an application with U.S. Citizenship and
Immigration Services (USCIS). The standard rules permitting full-time
employment on-campus when school is not in session or during school
vacations apply. See 8 CFR 214.2(f)(9)(i).
Will an F-1 nonimmigrant student who receives on-campus employment
authorization under this notice have authorization to reduce the normal
course load and still maintain 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'' \75\ 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.\76\
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\75\ See 8 CFR 214.2(f)(6).
\76\ 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'' \77\ 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. 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 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.\78\
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\77\ See 8 CFR 214.2(f)(6).
\78\ 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 current crisis in Sudan. 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
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
[[Page 23201]]
(2) The hardship is a direct result of the current crisis in Sudan.
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'' \79\ at the time of the request
for employment authorization;
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\79\ See 8 CFR 214.2(f)(6).
---------------------------------------------------------------------------
(b) The F-1 nonimmigrant student is a Sudan citizen, regardless of
country of birth (or an individual having no nationality who last
habitually resided in Sudan), and is experiencing severe economic
hardship as a direct result of the current crisis in Sudan, 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 Sudan.
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
described 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 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 reduce the student's course load per term and permits
an increased number of work hours per week, such as Special Student
Relief,\80\ under this notice has two options.
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\80\ 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 Feb. 2022).
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Under the first option, the nonimmigrant student may file the TPS
application according to the instructions in the USCIS notice
announcing the designation of Sudan 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 an F-
1 nonimmigrant student wants 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 certain 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 a 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 Sudan 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
automatic extensions that may be available to certain 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, including
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'' \81\ 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
[[Page 23202]]
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), 214.2(f)(6), and 214.2(f)(9)(i) and (ii).
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\81\ See 8 CFR 214.2(f)(6).
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How does a student who has received a TPS-related employment
authorization document then apply for authorization to take a reduced
course load under this notice?
There is no further application process 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 Sudan. 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 \82\ to
eligible F-1 nonimmigrant students. DHS will continue to monitor the
situation in Sudan. 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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\82\ 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. 2022).
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Paperwork Reduction Act (PRA)
An F-1 nonimmigrant student seeking off-campus employment
authorization due to severe economic hardship resulting from the
current crisis in Sudan 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. 2022-08362 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.