Notice2022-16469
Employment Authorization for Syrian F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of the Civil War in Syria Since March 2011
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 1, 2022
Effective
October 1, 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 Syria, regardless of country of birth (or individuals having no nationality who last habitually resided in Syria), and who are experiencing severe economic hardship as a direct result of the civil war in Syria. The Secretary is taking action to provide relief to these Syrian students who are lawful F-1 nonimmigrant students so the students may request employment authorization, work an increased number of hours while school is in session, and reduce their course load while continuing to maintain 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 146 (Monday, August 1, 2022)</title>
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[Federal Register Volume 87, Number 146 (Monday, August 1, 2022)]
[Notices]
[Pages 46975-46982]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-16469]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Immigration and Customs Enforcement
[Docket No. ICEB-2022-0009]
RIN 1653-ZA29
Employment Authorization for Syrian F-1 Nonimmigrant Students
Experiencing Severe Economic Hardship as a Direct Result of the Civil
War in Syria Since March 2011
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 Syria, regardless
of country of birth (or individuals having no nationality who last
habitually resided in Syria), and who are experiencing severe economic
hardship as a direct result of the civil war in Syria. The Secretary is
taking action to provide relief to these Syrian students who are lawful
F-1 nonimmigrant students so the students may request employment
authorization, work an increased number of hours while school is in
session, and reduce their course load while continuing to maintain
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 visa action is effective from October 1, 2022, until
April 1, 2024.
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#d8abbdaea898b1bbbdf6bcb0abf6bfb7ae"><span class="__cf_email__" data-cfemail="8efdebf8fecee7edeba0eae6fda0e9e1f8">[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 the authority under 8 CFR 214.2(f)(9)
to temporarily suspend the applicability of certain requirements
governing on-campus and off-campus employment for F-1 nonimmigrant
students whose country of citizenship is Syria regardless of country of
birth (or individuals having no nationality who last habitually resided
in Syria), who are lawfully present in the United States in F-1
nonimmigrant student status on the date of publication of this notice
and
[[Page 46976]]
who are experiencing severe economic hardship as a direct result of the
civil war in Syria since March 2011. The original notice, which applied
to F-1 nonimmigrant students who met certain criteria, including having
been lawfully present in the United States in F-1 nonimmigrant status
on April 3, 2012, was effective from April 3, 2012, until October 3,
2013. See 77 FR 20038 (Apr. 3, 2012). A subsequent notice provided for
an 18-month extension from October 3, 2013, through March 31, 2015. See
78 FR 36211 (June 17, 2013). A third notice provided another 18-month
extension from March 31, 2015, through September 30, 2016. See 80 FR
232 (Jan. 5, 2015). A fourth notice provided another 18-month extension
from September 30, 2016, through March 31, 2018, and expanded the
applicability of such suspension to Syrian F-1 nonimmigrant students
who were in lawful F-1 nonimmigrant student status between April 3,
2012, and September 9, 2016. See 81 FR 62520 (Sept. 9, 2016). A fifth
notice provided another 18-month extension from March 31, 2018, until
September 30, 2019. See 83 FR 11553 (Mar. 15, 2018). A sixth notice
once again provided an 18-month extension to Syrian students from April
22, 2021, to September 30, 2022. See 86 FR 21333 (Apr. 22, 2021).
Effective with this publication, suspension of the employment
limitations is available to April 1, 2024, for those who are in lawful
F-1 nonimmigrant status as of August 1, 2022. 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 April 1, 2024, 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 June 3, 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 Syria regardless of country of birth (or an
individual having no nationality who last habitually resided in Syria);
(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 currently maintaining F-1 nonimmigrant status; and
(5) Are experiencing severe economic hardship as a direct result of
the civil war in Syria.
This notice applies to F-1 nonimmigrant students in an approved
private school in kindergarten through grade 12, public school 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 Syrian F-1 nonimmigrant
students experiencing severe economic hardship due to civil war in
Syria. Based on its review of country conditions in Syria and input
received from the U.S. Department of State, DHS is taking action to
allow eligible F-1 nonimmigrant students from Syria 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.
Previously DHS took action to provide temporary relief to F-1
nonimmigrant students whose country of citizenship is Syria regardless
of country of birth (or individuals having no nationality who last
habitually resided in Syria) and who experienced severe economic
hardship because of the civil war in Syria. See 77 FR 20038 (Apr. 3,
2012); 78 FR 36211 (June 17, 2013); 80 FR 232 (Jan. 5, 2015); 81 FR
62520 (Sept. 9, 2016); 83 FR 11553 (Mar. 15, 2018); 86 FR 21333 (Apr.
22, 2021). It enabled these F-1 nonimmigrant students to obtain
employment authorization, work an increased number of hours while
school was in session, and reduce their course load, while continuing
to maintain their F-1 nonimmigrant student status.
DHS reviewed conditions in Syria and determined that suspending
certain employment authorization requirements for eligible nonimmigrant
students is again warranted due to the civil war which has resulted in
large-scale destruction of infrastructure, mass displacement of
civilians, high levels of food insecurity, limited access to water and
medical care, and widespread civilian casualties. These impacts have
been compounded by the COVID-19 pandemic which has contributed to the
further breakdown of the economy and strained an already overburdened
healthcare system.
The United Nations has verified that at least 350,209 identified
civilians and combatants were killed between March 2011 and March 2021,
including 26,727 women and 27,126 children, but it has warned that this
figure ``indicates a minimum verifiable number'' and this is an
``undercount of the actual number''.\2\ The Syrian Observatory for
Human Rights, a United Kingdom-based monitoring group with a network of
sources on the ground, had documented the deaths of 494,438 people as
of June 2021. It said that at least 159,774 civilians had been
killed.\3\ The group estimated that the actual toll from the war was
more than 606,000, saying 47,000 civilians were believed to have died
of torture in government-run prisons.\4\ Another monitoring group, the
Violations Documentation Center, which relies on information from
activists across the country, had documented 239,251 battle-related
deaths, including 145,240 civilians, as of June 2022.\5\ Additionally,
the ongoing military operations have injured more than 2.1 million
Syrian civilians with varying injuries, wounds, and permanent
disabilities.\6\
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\2\ This count includes ``only those people identifiable by full
name, with an established date of death, and who died in an
identified governorate'' and was sourced from OHCHR's own data,
records maintained by civil society organizations, and information
from the Syrian government. UNOHCR, ``Oral update on the extent of
conflict-related deaths in the Syrian Arab Republic [bond] OHCHR''
(September 24, 2021), <a href="https://www.ohchr.org/en/statements/2021/09/oral-update-extent-conflict-related-deaths-syrian-arab-republic?LangID=E&NewsID=27531">https://www.ohchr.org/en/statements/2021/09/oral-update-extent-conflict-related-deaths-syrian-arab-republic?LangID=E&NewsID=27531</a>.
\3\ BBC, ``Why has the Syrian war lasted 11 years'' (Mar 15,
2022), <a href="https://www.bbc.com/news/world-middle-east-35806229">https://www.bbc.com/news/world-middle-east-35806229</a>.
\4\ Id.
\5\ Violation Documentation Center, ``Monthly statistical on
casualties in Syria, June 2022'' (June 2022), <a href="https://scm.bz/en/violations-watch/monthly-statistical-on-casualities-in-syria-june-2022">https://scm.bz/en/violations-watch/monthly-statistical-on-casualities-in-syria-june-2022</a>.
\6\ SOHR, ``Total death toll [bond] Over 606,000 people killed
across Syria since the beginning of the ``Syrian Revolution'',
including 495,000 documented by SOHR (June 1, 2021), <a href="https://www.syriahr.com/en/217360/">https://www.syriahr.com/en/217360/</a>.
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[[Page 46977]]
Eleven years of war have inflicted immense suffering on the Syrian
people. More than half of Syria's pre-war population of 22 million have
fled their homes.\7\ Syria has the highest number of internally
displaced persons (``IDPs'') in the world.\8\ The number of Syrian IDPs
to date is approximately 7 million.\9\
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\7\ BBC, Supra.
\8\ U.N. High Commissioner for Refugees, Eleven Years on,
Mounting Challenges Push Many Displaced Syrians to the Brink (Mar
15, 2022), <a href="https://www.unhcr.org/en-us/news/briefing/2022/3/623055174/eleven-years-mounting-challenges-push-displaced-syrians-brink.html">https://www.unhcr.org/en-us/news/briefing/2022/3/623055174/eleven-years-mounting-challenges-push-displaced-syrians-brink.html</a> (last visited June 3, 2022).
\9\ U.S. Agency for International Development, Syria--Complex
Emergency Fact Sheet #4, Fiscal Year 2022 (Mar. 4, 2022), <a href="https://reliefweb.int/report/syrian-arab-republic/syria-complex-emergency-fact-sheet-4-fiscal-year-fy-2022">https://reliefweb.int/report/syrian-arab-republic/syria-complex-emergency-fact-sheet-4-fiscal-year-fy-2022</a> (last visited June 3, 2022).
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Harm to civilians has been widespread, though the magnitude of
violence has varied greatly by location. According to the Syrian
Network for Human Rights, 1,271 civilians, including 299 children and
134 women, were killed by the parties to the Syrian conflict in
2021.\10\ Both government and opposition forces reportedly engage in
indiscriminate attacks through the use of airstrikes, explosives,
snipers, and rocket and mortar attacks.\11\ Since 2021, cities as far
north as Idlib, and as far south as Daraa have seen heavy civilian
casualties.\12\
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\10\ Syrian Network for Human Rights (SNHR), Eleventh Annual
Report: The Most Notable Human Rights Violations in Syria in 2021
(Jan. 21, 2022), <a href="https://snhr.org/wp-content/pdf/english/Eleventh_Annual_Report_The_Most_Notable_Human_Rights_Violations_in_Syria_in_2021_en.pdf">https://snhr.org/wp-content/pdf/english/Eleventh_Annual_Report_The_Most_Notable_Human_Rights_Violations_in_Syria_in_2021_en.pdf</a> (Last visited June 3, 2022).
\11\ Human Rights Watch, Syria: Events of 2021 (Jan. 2022),
<a href="https://www.hrw.org/world-report/2022/country-chapters/syria">https://www.hrw.org/world-report/2022/country-chapters/syria</a> (last
visited June 3, 2022).
\12\ Id.
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Multiple actors in the conflict have been accused of targeting
civilians and civilian facilities. In January 2022, Russia conducted
airstrikes on the Al Arshani Water Pump Station located west of Idlib
city, injuring at least one station worker, causing substantial damage
to the station's buildings and equipment, and forcing the station's
main water pumping pipe temporarily out of service.\13\ In February
2022, there were at least six incidents of attacks impacting vital
civilian facilities, among them, a school, two markets, a park, and a
livestock farm.\14\
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\13\ Daily Sabah, Russia Continues to Attack Syrians,
Infrastructure for 6th Day in Row (Jan. 4, 2022), <a href="https://www.dailysabah.com/world/syrian-crisis/russia-continues-to-attack-syrians-infrastructure-for-6th-day-in-row">https://www.dailysabah.com/world/syrian-crisis/russia-continues-to-attack-syrians-infrastructure-for-6th-day-in-row</a> (last visited June 3,
2022).
\14\ SNHR, The Most Notable Human Rights Violations in Syria in
February 2022 (Mar. 4, 2022), <a href="https://snhr.org/wp-content/uploads/2022/03/M220303E.pdf">https://snhr.org/wp-content/uploads/2022/03/M220303E.pdf</a> (last visited June 3, 2022).
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Mandatory military service has been the law in Syria since
2007.\15\ Men between the ages of 18 to 42 are required to serve, and
women may enlist voluntarily.\16\ Conscripts are required to serve for
18 to 21 months, depending on their level of education.\17\ Syria has
intermittently declared amnesties for military service evaders to
encourage returns; however, those who return find themselves back on
the conscription lists in as little as seven days, thereby making the
amnesty provisions meaningless.\18\ In February 2021, the Syrian regime
announced an amendment to the military conscription laws. Under the
amended law, those who did not do military service before the age of 43
must pay $8,000 or lose their property without notice or any right to
appeal.\19\
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\15\ The Tahrir Institute for Middle East Policy, TIMEP Brief:
Conscription Law (Aug 22, 2019), <a href="https://timep.org/reports-briefings/timep-brief-conscription-law/">https://timep.org/reports-briefings/timep-brief-conscription-law/</a> (last visited June 3, 2022).
\16\ Id.
\17\ Id.
\18\ Human Rights Watch, Our Lives are Like Death (Oct. 2021),
<a href="https://www.hrw.org/sites/default/files/media_2021/10/syria1021_web.pdf">https://www.hrw.org/sites/default/files/media_2021/10/syria1021_web.pdf</a> (last visited June 3, 2022).
\19\ The Guardian, Displaced Syrians Face Losing Homes to New
Government Fines (Mar. 5, 2021) <a href="https://www.theguardian.com/world/2021/mar/05/displaced-syrians-face-losing-homes-to-new-government-fines">https://www.theguardian.com/world/2021/mar/05/displaced-syrians-face-losing-homes-to-new-government-fines</a> (last visited June 3, 2022).
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The Syrian Democratic Forces and other entities in Syria have been
accused of forced conscription as well. The Syrian Network for Human
Rights recorded Syrian Democratic Forces kidnapping two children in
January 2022 with the aim of taking them to its training and
recruitment camps and forcibly conscripting them.\20\
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\20\ SNHR, 143 Arbitrary Arrests/Detentions Documented in Syria
in January 2022, including 2 children, (Feb. 2, 2022), <a href="https://snhr.org/wp-content/pdf/english/143_Arbitrary_Arrests_Detentions_Documented_in_Syria_in_January_2022_Including_Two_Children_en.pdf">https://snhr.org/wp-content/pdf/english/143_Arbitrary_Arrests_Detentions_Documented_in_Syria_in_January_2022_Including_Two_Children_en.pdf</a> (last visited June 3, 2022).
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Syrian children have suffered disproportionately since the start of
the conflict. At least 29,661 children have been killed in Syria since
March 2011, including 181 due to torture, in addition to 5,036 arrested
and/or forcibly disappeared children.\21\ One report, covering the time
period from March 2011 to November 20, 2021, estimates that there are
1,374 child soldiers in the Syrian regime forces' ranks.\22\
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\21\ SNHR, On World Children's Day; Tenth Annual Report on
Violations against Children in Syria (Nov. 20, 2021), <a href="https://reliefweb.int/report/syrian-arab-republic/world-children-s-day-tenth-annual-report-violations-against-children">https://reliefweb.int/report/syrian-arab-republic/world-children-s-day-tenth-annual-report-violations-against-children</a> (last visited June
3, 2022).
\22\ Id.
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Human rights abuses continue to be rampant in Syria. One report
cites 2,218 cases of arbitrary arrest and/or detention, including 85
children and 77 women, in 2021.\23\ The same report notes that at least
104 individuals were documented as being killed as a result of torture
in 2021 at the hands of Syrian regime forces, Syrian Democratic Forces,
Hay`at Tahrir al Sham, as well as other parties to the conflict.\24\
Human Rights Watch has documented 21 cases of arrest and arbitrary
detention including 13 cases of torture, 3 kidnappings, 5 extrajudicial
killings, and 17 enforced disappearances between 2017 and 2021 among
refugees who had returned to Syria from Jordan and Lebanon.\25\
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\23\ SNHR, Eleventh Annual Report: The Most Notable Human Rights
Violations in Syria in 2021 (Jan. 21, 2022), <a href="https://snhr.org/wpcontent/pdf/english/Eleventh_Annual_Report_The_Most_Notable_Human_Rights_Violations_in_Syria_in_2021_en.pdf">https://snhr.org/wpcontent/pdf/english/Eleventh_Annual_Report_The_Most_Notable_Human_Rights_Violations_in_Syria_in_2021_en.pdf</a> (last visited June 3, 2022).
\24\ Id.
\25\ Human Rights Watch, Syria: Events of 2021 (Jan. 2022),
<a href="https://www.hrw.org/world-report/2022/country-chapters/syria">https://www.hrw.org/world-report/2022/country-chapters/syria</a> (last
visited June 3, 2022).
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After 11 years of civil war, Syria's healthcare system has suffered
gravely. As of March 2021, Physicians for Human Rights has documented
599 attacks hitting hospitals and other healthcare facilities since the
start of the civil war.\26\ A January 2022 report states that more than
50 percent of healthcare workers are estimated to have left the country
in the last decade.\27\ Another report from the same month states that
frequent bombing and shelling have put nearly 50 percent of health
facilities out of service, at a time when the Syrian people need them
the most amidst the COVID-19 pandemic.\28\ Seven medical personnel were
killed in Syria in 2021 at the hands of parties to the conflict and
controlling forces in Syria.\29\
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\26\ Physicians for Human Rights, A Decade of Death,
Destruction, and Denial: Ten Years into Syria's Conflict, Impunity
for Atrocities Prevails, <a href="https://phr.org/our-work/resources/syria-ten-years/">https://phr.org/our-work/resources/syria-ten-years/</a> (last visited June 3, 2022).
\27\ The United Nations Office for the Coordination of
Humanitarian Affairs, Situation Report #35: Recent Developments in
Northwest Syria and RAATA (Jan. 2022), <a href="https://www.humanitarianresponse.info/en/operations/stima/document/situation-report-35-recent-developments-northwest-syria-and-raata-january">https://www.humanitarianresponse.info/en/operations/stima/document/situation-report-35-recent-developments-northwest-syria-and-raata-january</a> (last visited June 3, 2022).
\28\ Daily Sabah, Russia Continues to Attack Syrians,
Infrastructure for 6th Day in Row (Jan. 4, 2022), <a href="https://www.dailysabah.com/world/syrian-crisis/russia-continues-to-attack-syrians-infrastructure-for-6th-day-in-row">https://www.dailysabah.com/world/syrian-crisis/russia-continues-to-attack-syrians-infrastructure-for-6th-day-in-row</a> (last visited June 3,
2022).
\29\ SNHR, Eleventh Annual Report: The Most Notable Human Rights
Violations in Syria in 2021 (Jan. 21, 2022), <a href="https://snhr.org/wp-content/pdf/english/Eleventh_Annual_Report_The_Most_Notable_Human_Rights_Violations_in_Syria_in_2021_en.pdf">https://snhr.org/wp-content/pdf/english/Eleventh_Annual_Report_The_Most_Notable_Human_Rights_Violations_in_Syria_in_2021_en.pdf</a> (last visited June 3, 2022).
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[[Page 46978]]
According to the World Food Program, at least 12.4 million Syrians,
out of an estimated population of 16 million, are food insecure.\30\
This 2021 estimate reflects an increase of 3.1 million food insecure
people in one year.\31\
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\30\ Human Rights Watch, Syria: Events of 2021 (Jan. 2022),
<a href="https://www.hrw.org/world-report/2022/country-chapters/syria">https://www.hrw.org/world-report/2022/country-chapters/syria</a> (last
visited June 3, 2022).
\31\ Id.
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In October 2021, the World Bank estimated that the Syrian economy
had shrunk by more than 60 percent since 2010.\32\ Between October 2019
and October 2021, the Syrian pound lost 82 percent of its value against
the dollar.\33\ The United Nations Office for the Coordination of
Humanitarian Affairs estimated that in 2021, 90 percent of the
population lived below the poverty line.\34\
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\32\ Human Rights Watch, Our Lives Are Like Death (Oct. 2021),
<a href="https://www.hrw.org/sites/default/files/media_2021/10/syria1021_web.pdf">https://www.hrw.org/sites/default/files/media_2021/10/syria1021_web.pdf</a> (last visited June 3, 2022).
\33\ International Rescue Committee, Crisis in Syria: Economic
Crisis Compounds Over a Decade of War (Mar. 15, 2022), <a href="https://www.rescue.org/article/crisis-syria-economic-crisis-compounds-over-decade-war">https://www.rescue.org/article/crisis-syria-economic-crisis-compounds-over-decade-war</a> (last visited June 3, 2022).
\34\ Human Rights Watch, Syria: Events of 2021 (Jan. 2022),
<a href="https://www.hrw.org/world-report/2022/country-chapters/syria">https://www.hrw.org/world-report/2022/country-chapters/syria</a> (last
visited June 3, 2022).
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As of June 1, 2022, approximately 255 F-1 nonimmigrant students
from Syria are enrolled at SEVP-certified academic institutions in the
United States. Given the extent of the civil war in Syria, affected
students whose primary means of financial support comes from Syria may
need to be exempt from the normal student employment requirements to
continue their studies in the United States. The civil war has made it
unfeasible for many students to safely return to Syria 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. 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 their course of study is in an English language
study program.\35\ 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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\35\ 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
June 3, 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 Syrian citizen,
regardless of country of birth (or an individual having no nationality
who last habitually resided in Syria), 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 their designated school official
(DSO) enter the following statement in the remarks field of the
student's Student and Exchange Visitor Information System (SEVIS)
record, 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].\36\
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\36\ 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 April 1, 2024, provided the student satisfies the minimum course
load requirements in this notice.
---------------------------------------------------------------------------
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'' \37\ 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.
---------------------------------------------------------------------------
\37\ See 8 CFR 214.2(f)(6).
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[[Page 46979]]
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 a citizen of Syria regardless of country of birth (or an
individual having no nationality who last habitually resided in Syria);
(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
civil war in Syria.
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 civil war in Syria).
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 Syria 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 from Syria 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 student's SEVIS 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].\38\
---------------------------------------------------------------------------
\38\ 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 April, 1, 2024, provided the student satisfies the minimum course
load requirements in this notice.
---------------------------------------------------------------------------
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 civil war in
Syria. 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'' \39\ 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.\40\
---------------------------------------------------------------------------
\39\ See 8 CFR 214.2(f)(6).
\40\ 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.
---------------------------------------------------------------------------
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
[[Page 46980]]
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'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 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'' \41\ 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 for a reduced 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
reduced course load would not meet the school's minimum course load
requirement.\42\
---------------------------------------------------------------------------
\41\ See 8 CFR 214.2(f)(6).
\42\ 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.
---------------------------------------------------------------------------
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 civil war in Syria. 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). If you receive a denial of a fee waiver request, you must
refile your Form I-765 along with the required fees.
Supporting documentation. An F-1 nonimmigrant student seeking off-
campus employment authorization due to severe economic hardship must
demonstrate the following to their DSO:
(1) This employment is necessary to avoid severe economic hardship;
and
(2) The hardship is a direct result of the civil war in Syria.
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].\43\
---------------------------------------------------------------------------
\43\ Because the suspension of requirements under this notice
applies throughout an academic term during which the suspension is
in effect, DHS considers an F-1 nonimmigrant student who engages in
a reduced course load or employment (or both) after this notice is
effective to be engaging in a ``full course of study,'' see 8 CFR
214.2(f)(6), and eligible for employment authorization, through the
end of any academic term for which such student is matriculated as
of April 1, 2024, provided the student satisfies the minimum course
load requirements in this notice.
---------------------------------------------------------------------------
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'' \44\ at the time of the request
for employment authorization;
---------------------------------------------------------------------------
\44\ See 8 CFR 214.2(f)(6).
---------------------------------------------------------------------------
(b) The F-1 nonimmigrant student is a citizen of Syria, regardless
of country of birth (or an individual having no nationality who last
habitually resided in Syria), and is experiencing severe economic
hardship as a direct result of the civil war in Syria, 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; \45\ and
---------------------------------------------------------------------------
\45\ 8 CFR 214.2(f)(5)(v).
---------------------------------------------------------------------------
(d) The off-campus employment is necessary to alleviate severe
economic hardship to the individual as a direct result of the civil war
in Syria.
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.
[[Page 46981]]
Temporary Protected Status (TPS) Considerations
Can an F-1 nonimmigrant student re-register or apply for TPS and for
benefits under this notice at the same time?
Yes. An F-1 nonimmigrant student who must re-register, or one that
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,\46\ under this notice
has two options.
---------------------------------------------------------------------------
\46\ 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 June 3, 2022).
---------------------------------------------------------------------------
Under the first option, the nonimmigrant student may re-register or
apply for TPS according to the instructions in the USCIS notice
designating Syria for TPS 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
to April 1, 2024, 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 may need to file Form I-765 and pay the Form I-765 fee (or submit
a Form I-912, Request for 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 Syria for TPS. If the F-1
nonimmigrant student has already applied for employment authorization
under Special Student Relief they are not required to submit the Form
I-765 as part of the TPS application. However, some nonimmigrant
students may wish to obtain a TPS 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'' \47\ 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 non-
traditional academic programs). 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).
---------------------------------------------------------------------------
\47\ See 8 CFR 214.2(f)(6).
---------------------------------------------------------------------------
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 civil war in Syria. 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. 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 April 1, 2024,\48\ to
eligible F-1 nonimmigrant students. DHS will continue to monitor the
situation in Syria. Should the special provisions authorized by this
notice need modification or extension, DHS will announce such changes
in the Federal Register.
---------------------------------------------------------------------------
\48\ 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 April 1, 2024, 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 June 3, 2022).
---------------------------------------------------------------------------
Paperwork Reduction Act (PRA)
An F-1 nonimmigrant student seeking off-campus employment
authorization due to severe economic hardship resulting from the civil
war in Syria 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
[[Page 46982]]
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. 2022-16469 Filed 7-29-22; 8:45 am]
BILLING CODE 9111-28-P
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</html>Indexed from Federal Register on August 1, 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.