Notice2022-10886
Employment Authorization for Afghan F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of the Current Situation in Afghanistan
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
May 20, 2022
Effective
May 20, 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 Afghanistan, regardless of country of birth (or individuals having no nationality who last habitually resided in Afghanistan), and who are experiencing severe economic hardship as a direct result of the current situation in Afghanistan. The Secretary is taking action to provide relief to these lawful F-1 nonimmigrant students so the students may request employment authorization, work an increased number of hours while their academic institution is in session, and reduce their course load while continuing to maintain their F-1 nonimmigrant student status. The U.S. 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 98 (Friday, May 20, 2022)</title>
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[Federal Register Volume 87, Number 98 (Friday, May 20, 2022)]
[Notices]
[Pages 30971-30976]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-10886]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Immigration and Customs Enforcement
[Docket No. ICEB-2022-0007]
RIN 1653-ZA27
Employment Authorization for Afghan F-1 Nonimmigrant Students
Experiencing Severe Economic Hardship as a Direct Result of the Current
Situation in Afghanistan
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 Afghanistan,
regardless of country of birth (or individuals having no nationality
who last habitually resided in Afghanistan), and who are experiencing
severe economic hardship as a direct result of the current situation in
Afghanistan. The Secretary is taking action to provide relief to these
lawful F-1 nonimmigrant students so the students may request employment
authorization, work an increased number of hours while their academic
institution is in session, and reduce their course load while
continuing to maintain their F-1 nonimmigrant student status. The U.S.
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 May 20, 2022, through November 20,
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#4033253630002923256e2428336e272f36"><span class="__cf_email__" data-cfemail="5c2f392a2c1c353f397238342f723b332a">[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 Afghanistan, regardless of country of birth
(or individuals having no nationality who last habitually resided in
Afghanistan), 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 situation in Afghanistan. Effective with this publication,
suspension of the employment limitations is available through November
20, 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 November 20, 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 May 2, 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 citizens of Afghanistan regardless of country of birth (or
individuals having no nationality who last habitually resided in
Afghanistan);
(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 current situation in Afghanistan.
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 action to provide relief to Afghan F-1 nonimmigrant
students experiencing severe economic hardship due to the current
situation in Afghanistan. DHS has reviewed country conditions in
Afghanistan and based on that review and input from the U.S. Department
of State (DOS), DHS is taking action to allow eligible F-1 nonimmigrant
students from Afghanistan 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.
DHS has determined that the current situation in Afghanistan s the
need for Special Student Relief. On April 18, 2022, DOS issued a Level
4: Do Not Travel advisoryadvisoryabout travel to Afghanistan because of
civil unrest, armed conflict, crime, terrorism, and kidnapping.\2\
General instability in the country, including instability caused by
deep economic challenges, increases the difficulty of establishing
security and thwarting the rise of further violent extremism.\3\
Internal displacement is rising. As of January 15, 2022, the United
Nations High Commissioner for
[[Page 30972]]
Refugees reported that there were approximately 3.4 million conflict-
induced, internally displaced persons in Afghanistan.\4\ Afghanistan
also faces significant challenges due to the intentional destruction of
vital infrastructure. Numerous countries, including the United States,
have condemned the continuation of assassinations, kidnappings, and
destruction of vital infrastructure which harm the Afghan people and
contribute to an insecure environment in which terrorist and criminal
groups are free to operate.\5\ Economic ramifications of the August
2021 Taliban takeover include ``millions of dollars in lost income,
spiking prices, a liquidity crisis, and shortages of cash.'' \6\ Since
the Taliban takeover of Afghanistan, rising prices, increasing
unemployment, and a drop in the value of the local currency have
exacerbated food insecurity trends \7\ resulting in a deepening and
increasingly deadly humanitarian crisis with 95 percent of households
experiencing insufficient food consumption and food insecurity.'' \8\ A
survey of 1,400 households across seven provinces of Afghanistan found
that since August 2021, more than 80 percent of Afghans have lost
income, with about a third having lost all their household income and
about 25 percent reporting that they have lost more than half \9\ On
August 31, 2021, the United States suspended operations at the U.S.
Embassy in Kabul, Afghanistan.\10\
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\2\ See Afghanistan Travel Advisory, U.S. Dep't of State (Apr.
18, 2022), <a href="https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories/afghanistan-advisory.html">https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories/afghanistan-advisory.html</a>.
\3\ Afghanistan's Collapsing Economy Heightens 'Risk Of
Extremism,' UN Envoy Warns, Radio Free Europe (Nov. 18, 2021),
<a href="https://gandhara.rferl.org/a/afghanistan-un-lyons-assets-humanitarian-crisis-hunger/31567075.html">https://gandhara.rferl.org/a/afghanistan-un-lyons-assets-humanitarian-crisis-hunger/31567075.html</a>.
\4\ Flash External Update: Afghanistan Situation #13, U.N. High
Commissioner for Refugees (Jan. 25, 2022), <a href="https://reliefweb.int/report/afghanistan/unhcr-regional-bureau-asia-and-pacific-rbap-flash-external-update-afghanistan-4">https://reliefweb.int/report/afghanistan/unhcr-regional-bureau-asia-and-pacific-rbap-flash-external-update-afghanistan-4</a>.
\5\ Statement on Continuation of Assassinations, Kidnappings,
and Destruction of Vital Infrastructure, U.S. Embassy in Afghanistan
(Jan. 31, 2021), <a href="https://af.usembassy.gov/statement-on-continuation-of-assassinations-kidnappings-and-destruction-of-vital-infrastructure/">https://af.usembassy.gov/statement-on-continuation-of-assassinations-kidnappings-and-destruction-of-vital-infrastructure/</a>.
\6\ Afghanistan Facing Famine, Human Rights Watch (Nov. 11,
2021), <a href="https://www.hrw.org/news/2021/11/11/afghanistan-facing-famine#">https://www.hrw.org/news/2021/11/11/afghanistan-facing-famine#</a>.
\7\ In the grip of hunger: Only 5 percent of Afghan families
have enough to eat, World Food Programme, Sept. 23, 2021, <a href="https://www.wfp.org/stories/grip-hunger-only-5-percent-afghan-families-have-enough-eat">https://www.wfp.org/stories/grip-hunger-only-5-percent-afghan-families-have-enough-eat</a> (last visited May 3, 2022).
\8\ Afghanistan: Economic Roots of the Humanitarian Crisis,
Human Rights Watch (Mar. 1, 2022), <a href="https://www.hrw.org/news/2022/03/01/afghanistan-economic-roots-humanitarian-crisis">https://www.hrw.org/news/2022/03/01/afghanistan-economic-roots-humanitarian-crisis</a>.
\9\ Afghanistan: A Fifth of Starving Families sending Children
to Work as Incomes Plummet in Past Six Months, Save the Children
(Feb.14, 2022), <a href="https://www.savethechildren.net/news/afghanistan-fifth-starving-families-sending-children-work-incomes-plummet-past-six-months">https://www.savethechildren.net/news/afghanistan-fifth-starving-families-sending-children-work-incomes-plummet-past-six-months</a>.
\10\ U.S. Embassy in Afghanistan Security Message: Suspension of
Operations, U.S. Dep't of State (Aug. 31, 2021), <a href="https://af.usembassy.gov/security-message-suspension-of-operations/">https://af.usembassy.gov/security-message-suspension-of-operations/</a>.
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United Nations Secretary-General Ant[oacute]nio Guterres has
expressed that he is deeply disturbed by early indications that the
Taliban are imposing severe restrictions on the exercise of human
rights, particularly targeting women and journalists.\11\ Since August
2021, the status of women and girls has become ``increasingly
precarious,'' \12\ and new research shows the devastating impact that
Taliban rule has had on Afghan women and girls.\13\ For instance, on
March 21, 2022, the Taliban promised to reopen all schools in
Afghanistan, ending their seven-month de-facto ban on girls attending
secondary school, but, two days later, the Taliban reversed this
decision, announcing that girls' secondary schools were to remain
closed indefinitely until the Taliban put in place policies they said
were compliant with ``principles of Islamic law and Afghan culture,''
including further restrictions on girls' attire.\14\ Human Rights Watch
reports that the Taliban have instituted aban on girls' secondary
education,\15\ and the education system is at risk of collapse due to
the economic crisis in the country.\16\
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\11\ Taliban imposing `horrifying' human rights curbs, UN chief
warns, Aljazeera (Aug. 13, 2021), <a href="https://www.aljazeera.com/news/2021/8/13/afghanistan-taliban-horrifying-human-rights-curbs-un">https://www.aljazeera.com/news/2021/8/13/afghanistan-taliban-horrifying-human-rights-curbs-un</a>.
\12\ Afghan Women and Girls: Status and Congressional Action,
Congressional Research Service, p. 1, updated Aug. 18, 2021, <a href="https://crsreports.congress.gov/product/pdf/IF/IF11646">https://crsreports.congress.gov/product/pdf/IF/IF11646</a> (last visited May 3,
2022).
\13\ Afghanistan: Taliban Deprive Women of Livelihoods,
Identity, Human Rights Watch (Jan 18, 2022), <a href="https://www.hrw.org/news/2022/01/18/afghanistan-taliban-deprive-women-livelihoods-identity#">https://www.hrw.org/news/2022/01/18/afghanistan-taliban-deprive-women-livelihoods-identity#</a>.
\14\ Heather Barr, Taliban Close Girls' Secondary Schools in
Afghanistan, Again, Human Rights Watch (Mar. 23, 2022), <a href="https://www.hrw.org/news/2022/03/23/taliban-close-girls-secondary-schools-afghanistan-again">https://www.hrw.org/news/2022/03/23/taliban-close-girls-secondary-schools-afghanistan-again</a>.
\15\ Sahar Fetrar and Heather Barr, Dress Restrictions Tighten
for Afghanistan Girls' Schools, Human Rights Watch (Apr. 27, 2022),
https://www.hrw.org/news/2022/04/27/dress-restrictions-tighten-
afghanistan-girls-
schools#:~:text=After%20taking%20over%20Afghanistan%20in,reopen%20all
%20schools%20in%20March.
\16\ Four Ways to Support Girls' Access to Education in
Afghanistan, Human Rights Watch (Mar. 20, 2022), <a href="https://www.hrw.org/news/2022/03/20/four-ways-support-girls-access-education-afghanistan">https://www.hrw.org/news/2022/03/20/four-ways-support-girls-access-education-afghanistan</a> (last visited May 4, 2022).
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As of March 16, 2022, approximately 368 F-1 nonimmigrant students
from Afghanistan (or individuals having no nationality who last
habitually resided in Afghanistan) are enrolled at SEVP-certified U.S.
academic institutions. Given the extent of the current situation in
Afghanistan, affected students whose primary means of financial support
comes from Afghanistan may need to be exempt from the normal student
employment requirements to continue their studies in the United States.
The current situation has made it unfeasible for many students to
safely return to Afghanistan for the foreseeable future. Without
employment authorization, these students may lack the means to meet
basic living expenses.\17\
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. 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) and (F). 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). Nothing in this notice affects the applicability of
other minimum course load requirements set by the academic institution.
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.\18\ 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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\18\ 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
Apr. 25, 2022).
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[[Page 30973]]
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 citizen of Afghanistan,
regardless of country of birth (or an individual having no nationality
who last habitually resided in Afghanistan), 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) 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'' \19\ 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. See 8 CFR 214.2(f)(5)(v) and
(f)(6)(i)(F). 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) and (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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\19\ See 8 CFR 214.2(f)(6).
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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 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, consistent with 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 Afghanistan regardless of country of birth (or
individuals having no nationality who last habitually resided in
Afghanistan);
(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 situation in Afghanistan.
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 situation in
Afghanistan).
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 to continue an educational program in the United States.
Does this notice apply to elementary school, middle school, and high
school students in F-1 status?
Yes. However, this notice does not by itself reduce the required
course load for F-1 nonimmigrant students from Afghanistan enrolled in
kindergarten through grade 12 at a private school, or grades 9 through
12 at a public high school. Such students must maintain the minimum
number of hours of class attendance per week prescribed by the academic
institution for normal progress toward 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.
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:
[[Page 30974]]
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
situation in Afghanistan. An F-1 nonimmigrant student authorized by the
DSO to engage in on-campus employment by means of this notice does not
need to file any applications with U.S. Citizenship and Immigration
Services (USCIS). The standard rules permitting full-time employment
on-campus when school is not in session or during school vacations
apply, as described in 8 CFR 214.2(f)(9)(i).
Will an F-1 nonimmigrant student who receives on-campus employment
authorization under this notice have authorization to reduce the normal
course load and still maintain his or her F-1 nonimmigrant student
status?
Yes. DHS will deem an F-1 nonimmigrant student who receives on-
campus employment authorization under this notice to be engaged in a
``full course of study'' \20\ 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, consistent with 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 academic institution's
minimum course load requirement for continued enrollment.\21\
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\20\ See 8 CFR 214.2(f)(6).
\21\ The 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 student status for one full academic year to be eligible
for off-campus employment;
(b) The requirement that an F-1 nonimmigrant student must
demonstrate that acceptance of employment will not interfere with the
student 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 the 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'' \22\ 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, consistent with 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 such a reduced course load would not meet the school's
minimum course load requirement.\23\
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\22\ See 8 CFR 214.2(f)(6).
\23\ The 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 situation in Afghanistan. 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 student's DSO:
(1) This employment is necessary to avoid severe economic hardship;
and
(2) The hardship is a direct result of the current situation in
Afghanistan.
If the DSO agrees that the F-1 nonimmigrant student is entitled to
receive such employment authorization, the DSO must recommend
application approval to USCIS by entering the following statement in
the remarks field of the student's SEVIS record, which will then appear
on that student's Form I-20:
Recommended for off-campus employment authorization in excess of
20 hours per week and reduced course load under the Special Student
Relief authorization from the date of the USCIS authorization noted
on Form I-766 until [DSO must insert the program end date or the end
date of this notice, whichever date comes first].
The F-1 nonimmigrant student must then file the properly endorsed
Form I-20 and Form I-765 according to the instructions for the Form I-
765. The F-1 nonimmigrant student may begin working off campus only
upon receipt of the EAD from USCIS.
DSO recommendation. In making a recommendation that an 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'' \24\ at the time of the request
for employment authorization;
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\24\ See 8 CFR 214.2(f)(6).
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(b) The F-1 nonimmigrant student is a citizen of Afghanistan
regardless of country of birth (or an individual having
[[Page 30975]]
no nationality who last habitually resided in Afghanistan), and is
experiencing severe economic hardship as a direct result of the current
situation in Afghanistan, 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 this notice
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; \25\ and
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\25\ See 8 CFR 214.2(f)(5)(v).
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(d) The off-campus employment is necessary to alleviate severe
economic hardship to the individual as a direct result of the current
situation in Afghanistan.
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 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 (TPS) Considerations
Can an F-1 nonimmigrant student apply for TPS and for benefits under
this notice at the same time?
Yes. An F-1 nonimmigrant student who has not yet applied for TPS or
for 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,\26\ under this notice has two options:
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\26\ 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 Apr. 25, 2022).
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Under the first option, the nonimmigrant student may apply for TPS
according to the instructions in the USCIS notice announcing the
designation of Afghanistan 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 November 20, 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 request a fee waiver). After receiving the TPS-related EAD, an
F-1 nonimmigrant student may request that their 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 their
nonimmigrant status, including as provided under 8 CFR 214.1(g), and
maintains TPS, then the student maintains F-1 status and TPS
concurrently.
Under the second option, the nonimmigrant student may apply for an
EAD under Special Student Relief by filing 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 Form I-821 according to the instructions provided in the
Federal Register Notice designating Afghanistan for TPS. If the F-1
nonimmigrant student already has applied for employment authorization
under Special Student Relief, they are not required to submit the Form
I-765 as part of the TPS application. However, some nonimmigrant
students may wish to obtain a TPS 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 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'' \27\ unless or until the
nonimmigrant student receives employment authorization under this
notice. TPS-related employment authorization, by itself, does not
authorize a nonimmigrant student to drop below twelve credit hours, or
otherwise applicable minimum requirements (e.g., clock hours for
language students). Once approved for Special Student Relief employment
authorization, the F-1 nonimmigrant student may drop below twelve
credit hours, or otherwise applicable minimum requirements (with a
minimum of six semester or quarter hours of instruction per academic
term if at the undergraduate level, or for a minimum of three semester
or quarter hours of instruction per academic term if at the graduate
level). See 8 CFR 214.2(f)(5)(v), (f)(6), and (f)(9)(i) and (ii).
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\27\ See 8 CFR 214.2(f)(6).
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How does a student who has received a TPS-related EAD 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 situation in Afghanistan. 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.
[[Page 30976]]
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. Regulations permit certain students who fall out of F-1
nonimmigrant student status to apply for reinstatement. See 8 CFR
214.2(f)(16). This provision might apply to students who worked on a
TPS-related EAD or dropped their course load before publication of this
notice, and, therefore, fell out of student status. The 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 November 20, 2023,\28\ to
eligible F-1 nonimmigrant students. DHS will continue to monitor the
current situation in Afghanistan. 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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\28\ 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 November 20, 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 May 2,
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 situation in Afghanistan 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. 2022-10886 Filed 5-19-22; 8:45 am]
BILLING CODE 9111-28-P
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</html>Indexed from Federal Register on May 20, 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.