Notice2022-19542
Employment Authorization for Venezuelan F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of the Humanitarian Crisis in Venezuela
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
September 8, 2022
Effective
September 10, 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 Venezuela, regardless of country of birth (or individuals having no nationality who last habitually resided in Venezuela), and who are experiencing severe economic hardship as a direct result of the humanitarian crisis in Venezuela. The Secretary is taking action to provide relief to those Venezuelan students who were in lawful F-1 nonimmigrant student status on April 22, 2021, and are currently maintaining F-1 nonimmigrant student status, 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 173 (Thursday, September 8, 2022)</title>
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[Federal Register Volume 87, Number 173 (Thursday, September 8, 2022)]
[Notices]
[Pages 55017-55024]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19542]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Immigration and Customs Enforcement
[Docket No. ICEB-2022-0010]
RIN 1653-ZA30
Employment Authorization for Venezuelan F-1 Nonimmigrant Students
Experiencing Severe Economic Hardship as a Direct Result of the
Humanitarian Crisis in Venezuela
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 Venezuela,
regardless of country of birth (or individuals having no nationality
who last habitually resided in Venezuela), and who are experiencing
severe economic hardship as a direct result of the humanitarian crisis
in Venezuela. The Secretary is taking action to provide relief to those
Venezuelan students who were in lawful F-1 nonimmigrant student status
on April 22, 2021, and are currently maintaining F-1 nonimmigrant
student status, 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 September 10, 2022,
through March 10, 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#e192849791a1888284cf858992cf868e97"><span class="__cf_email__" data-cfemail="6e1d0b181e2e070d0b400a061d40090118">[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 Venezuela regardless of
country of birth (or individuals having no nationality who last
habitually resided in Venezuela), who were lawfully present in the
United States in F-1 nonimmigrant student status on April 22, 2021 and
continue to be lawfully present in F-1 nonimmigrant student status, and
who are experiencing severe economic hardship as a direct result of the
humanitarian crisis in Venezuela. 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 22, 2021, was effective from April 22, 2021, until September
9, 2022. See 86 FR 21328 (Apr. 22, 2021). Effective with this
publication, suspension of the employment limitations is available
through March 10, 2024, for those who were in lawful F-1 nonimmigrant
status as of April 22, 2021, and are currently maintaining 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 March 10, 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 July 8, 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:
[[Page 55018]]
(1) Are a citizen of Venezuela regardless of country of birth
(or an individual having no nationality who last habitually resided
in Venezuela
(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 April 22, 2021;
(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 humanitarian crisis in Venezuela.
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 Venezuelan F-1
nonimmigrant students experiencing severe economic hardship due to the
ongoing humanitarian crisis in Venezuela. Based on its review of
country conditions in Venezuela and input received from the U.S.
Department of State, DHS is taking action to allow eligible F-1
nonimmigrant students from Venezuela (or individuals having no
nationality who last habitually resided in Venezuela) 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 Venezuela
regardless of country of birth (or individuals having no nationality
who last habitually resided in Venezuela) and who experienced severe
economic hardship because of the humanitarian crisis in Venezuela. See
86 FR 21328 (Apr. 22, 2021). It enabled these F-1 nonimmigrant students
to request and 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 Venezuela and determined that suspending
certain employment authorization requirements for eligible nonimmigrant
students is again warranted due to the ongoing humanitarian crisis.
Venezuela ``remains in the throes of a prolonged humanitarian
emergency.'' \2\ Under Nicol[aacute]s Maduro's regime,\3\ the country
``has been in the midst of a severe political and economic crisis for
several years.'' \4\ As of February 2022, the country remained
``politically deadlocked and mired in humanitarian emergency.'' \5\ A
wide range of factors have marked Venezuela's crisis, including: an
economic crisis; inflation and hyperinflation; ``massive poverty''; \6\
a ``collapsed health system''; \7\ the impact of the COVID-19 pandemic;
food insecurity, including child malnutrition; the collapse and
deprivation of basic services; power outages; water and fuel shortages;
political polarization and dispute between the regime and the
opposition; repression of perceived regime opponents and dissidents;
human rights abuses, including allegations of crimes against humanity;
high rates of homicide and crime; the operation of non-state armed
groups; corruption; and killings by security forces, among other
factors.\8\ The United Nations Office for the Coordination of
Humanitarian Affairs (UNOCHA) has reported that ``[s]even million
people require some form of humanitarian or protection assistance in
Venezuela.'' \9\
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\2\ Overcoming the Global Rift on Venezuela, International
Crisis Group, p.3, Feb. 17, 2022.
\3\ Ribando Seelke, Clare, Nelson, Rebecca M, Margesson, Rhoda,
Brown, Phillip, Venezuela: Background and U.S. Relations,
Congressional Research Service (CRS), Summary, Apr. 28, 2021.
\4\ Venezuelan Humanitarian and Refugee Crisis, Center for
Disaster Philanthropy, Jan. 25, 2022.
\5\ Overcoming the Global Rift on Venezuela, International
Crisis Group, p. I, Feb. 17, 2022.
\6\ Why the kids of Venezuela aren't getting enough to eat, NPR,
Jan. 11, 2022.
\7\ World Report 2022--Venezuela, Human Rights Watch, Jan. 2022.
\8\ Venezuelan Humanitarian and Refugee Crisis, Center for
Disaster Philanthropy, Jan. 25, 2022; Ribando Seelke, Clare, Nelson,
Rebecca M., Brown, Phillip, Margesson, Rhoda, Venezuela: Background
and U.S. Relations, Congressional Research Service (CRS), p.6, 8-9,
11, Summary, Apr. 28, 2021; Venezuela creeps out of hyperinflation,
but no one feels it, Agence France-Presse (AFP), Jan. 15, 2022;
World Report 2022--Venezuela, Human Rights Watch, Jan. 2022;
Situation of human rights and technical assistance in the Bolivarian
Republic of Venezuela, Office of the United Nations High
Commissioner for Human Rights (OHCHR), p.4-5, Sep. 10, 2021; Why the
kids of Venezuela aren't getting enough to eat, NPR, Jan. 11, 2022;
Venezuela: Complex Crisis--Overview, ACAPS, Oct. 14, 2021, <a href="https://www.acaps.org/country/venezuela/crisis/complex-crisis">https://www.acaps.org/country/venezuela/crisis/complex-crisis</a> (last visited
Feb. 17, 2022); Follow-up Report on the Impacts of the Complex
Humanitarian Emergency in Venezuela with the COVID pandemic. Update
as of June 2021, HumVenezuela, p.14, Jun. 2021; Venezuelan Migration
and Refugee Crisis, Working Group of the Organization of American
States (OAS) on the Crisis of Venezuelan Migrants and Refugees in
the Region, p. 12-22, Jun. 2021; Delgado, Antonio Maria, and
Rodr[iacute]guez Montilla, Camille, `The country's whole food supply
is at risk.' Diesel shortages hit Venezuela's truckers., Miami
Herald, Mar. 11, 2021; Venezuela: Country Focus, European Asylum
Support Office (EASO), p.21, Aug. 2020; Overcoming the Global Rift
on Venezuela, International Crisis Group, p. i, Feb. 17, 2022;
Situation of human rights in the Bolivarian Republic of Venezuela,
Office of the United Nations High Commissioner for Human Rights
(OHCHR), p.4, Jun. 16, 2021; Venezuela 2020 Crime & Safety Report,
Overseas Security Advisory Council (OSAC), U.S. Department of State,
July 21, 2020; InSight Crime's 2021 Homicide Round-Up, InSight
Crime, Feb. 1, 2022; Gorder, Gabrielle, and Robbins, Seth, What are
the Most Corrupt Countries in Latin America?, InSight Crime, Feb.
11, 2022; Venezuela: Calculated repression: Correlation between
stigmatization and politically motivated arbitrary detentions,
Amnesty International, p.11, 52, Feb. 10, 2022.
\9\ Venezuela, United Nations Office for the Coordination of
Humanitarian Affairs (UNOCHA), <a href="https://www.unocha.org/venezuela">https://www.unocha.org/venezuela</a>
(last visited Mar. 11, 2022).
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Economic Crisis
Venezuela continues to be impacted by a severe economic crisis.\10\
The Congressional Research Service (CRS) reported in April 2021 that
``Venezuela's economy has collapsed'',\11\ Venezuela was ``plagued by
hyperinflation'' \12\ and ``[a]ccording to household surveys, the
percentage of Venezuelans living in poverty increased from 48.4% in
2014 to 96% in 2019 (with 80% in extreme poverty).'' \13\ According to
ACAPS, ``multidimensional poverty'' in Venezuela ``has led to the
deprivation or deterioration of education, housing, overall access to
public services, income, and employment.'' \14\
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\10\ Venezuelan Humanitarian and Refugee Crisis, Center for
Disaster Philanthropy, Jan. 25, 2022.
\11\ Ribando Seelke, Clare, Nelson, Rebecca M, Margesson, Rhoda,
Brown, Phillip, Venezuela: Background and U.S. Relations,
Congressional Research Service (CRS), Summary, Apr. 28, 2021.
\12\ Ribando Seelke, Clare, Nelson, Rebecca M., Brown, Phillip,
Margesson, Rhoda, Venezuela: Background and U.S. Relations,
Congressional Research Service (CRS), Summary, Apr. 28, 2021.
\13\ Ribando Seelke, Clare, Nelson, Rebecca M., Brown, Phillip,
Margesson, Rhoda, Venezuela: Background and U.S. Relations,
Congressional Research Service (CRS), p.11, Apr. 28, 2021.
\14\ Venezuela: Complex Crisis--Overview, ACAPS, Oct. 14, 2021,
<a href="https://www.acaps.org/country/venezuela/crisis/complex-crisis">https://www.acaps.org/country/venezuela/crisis/complex-crisis</a> (last
visited Feb. 17, 2022).
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Health Crisis & COVID-19 Pandemic
Sources have described Venezuela's healthcare system as ``run-
down,'' \15\ ``overloaded and crumbling,'' \16\ and ``collapsed.'' \17\
Moreover, in its 2021
[[Page 55019]]
annual report (published in January 2022), Human Rights Watch (HRW)
stated that Venezuela's ``collapsed health system'' has led to the
resurgence of vaccine preventable and infectious diseases.\18\ HRW
reported in January 2022 that--according to a local non-governmental
organization--``83 percent of hospitals have insufficient or no access
to personal protective equipment such as masks and gloves, and 95
percent similarly lack sufficient cleaning supplies, including soap and
disinfectant.'' \19\
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\15\ Sequera, Vivian, Venezuela COVID patients, exhausted
doctors get mental health help from medical charity, Reuters, Feb.
2, 2022.
\16\ Venezuelans rely on the kindness of strangers to pay for
COVID-19 treatment, Reuters, Oct. 4, 2021.
\17\ Ribando Seelke, Clare, Nelson, Rebecca M., Brown, Phillip,
Margesson, Rhoda, Venezuela: Background and U.S. Relations,
Congressional Research Service (CRS), p.11, Apr. 28, 2021; World
Report 2022--Venezuela, Human Rights Watch, Jan. 2022.
\18\ World Report 2022--Venezuela, Human Rights Watch, Jan.
2022.
\19\ World Report 2022--Venezuela, Human Rights Watch, Jan.
2022.
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COVID-19 was first detected in Venezuela in March 2020.\20\ Since
then, the regime has ``declared a national `state of alarm', enforced
preventive sanitary measures, and redirected the national health system
toward treatment of COVID-19 patients.'' \21\ However, as the Office of
the United Nations High Commissioner for Human Rights also noted in a
September 2021 report, the pandemic compounded preexisting challenges
such as lack of equipment and medicines, loss of qualified health
personnel, and insufficient maintenance of infrastructure.\22\
Moreover, in January 2022, HRW reported that ``Venezuela's C[OVID]-19
vaccination has been marred by corruption allegations and opacity
regarding the acquisition and distribution of vaccines and other
medical supplies.'' \23\
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\20\ Situation of human rights and technical assistance in the
Bolivarian Republic of Venezuela, Office of the United Nations High
Commissioner for Human Rights (OHCHR), p.4, Sep. 10, 2021.
\21\ Situation of human rights and technical assistance in the
Bolivarian Republic of Venezuela, Office of the United Nations High
Commissioner for Human Rights (OHCHR), p.4, Sep. 10, 2021.
\22\ Situation of human rights and technical assistance in the
Bolivarian Republic of Venezuela, Office of the United Nations High
Commissioner for Human Rights (OHCHR), p.4, Sep. 10, 2021.
\23\ World Report 2022--Venezuela, Human Rights Watch, Jan.
2022.
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Food Security
In April 2021, CRS reported that food insecurity in Venezuela is
``a significant issue, mainly due to the price of food rather than its
lack of availability.'' \24\ In its annual report on Venezuela, HRW
noted that the ``WFP [World Food Program] estimates that one in three
Venezuelans is food insecure and in need of assistance.\25\ Moreover,
National Public Radio (NPR) reported in January 2022 that ``Venezuela
now faces a catastrophe of its own making--widespread malnutrition
among the country's children.'' \26\ The media outlet also noted that
``[i]n a survey last year, the development group Caritas found that 42%
of children in the country's poorest neighborhoods suffered from
stunting or wasting. That means they're too short or underweight for
their ages.'' \27\
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\24\ Ribando Seelke, Clare, Nelson, Rebecca M., Brown, Phillip,
Margesson, Rhoda, Venezuela: Background and U.S. Relations,
Congressional Research Service (CRS), p.11, Apr. 28, 2021.
\25\ World Report 2022--Venezuela, Human Rights Watch, Jan.
2022.
\26\ Why the kids of Venezuela aren't getting enough to eat,
NPR, Jan. 11, 2022.
\27\ Why the kids of Venezuela aren't getting enough to eat,
NPR, Jan. 11, 2022.
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Access to Basic Services (Electricity, Water, and Gas)
Venezuela has experienced a ``collapse of basic services.'' \28\ In
a June 2021 report, the Working Group of the Organization of American
States (OAS) on the Crisis of Venezuelan Migrants and Refugees in the
Region noted that Venezuelans face daily power outages and face water
shortages.\29\ Reuters noted in February 2021 that ``[p]rovincial
cities have suffered frequent blackouts since a 2019 power outage
paralyzed the country for nearly a month.'' \30\ In mid-December 2021,
Venezuela experienced blackouts in Caracas and at least 15 of 23
states.\31\ ACAPS has noted that ``[a]ccess to clean water is
increasingly difficult after the collapse of basic services,
aggravating water and sanitation problems.'' \32\ Exposure to unsafe
water puts people's lives and health at risk. By 2021, 76% of the
population was affected by deficient sewage collection services and
some 15.9% remained unconnected to the sewage network.\33\ NPR reported
that many in Venezuela have fallen back on using fire to cook because
normally 90% of the population cooks with propane stoves, but there is
a severe propane shortage and those with electric stoves cannot use
them with the frequent power outages.\34\
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\28\ Venezuela: Complex Crisis--Overview, ACAPS, Oct. 14, 2021,
<a href="https://www.acaps.org/country/venezuela/crisis/complex-crisis">https://www.acaps.org/country/venezuela/crisis/complex-crisis</a> (last
visited Feb. 17, 2022).
\29\ Venezuelan Migration and Refugee Crisis, Working Group of
the Organization of American States (OAS) on the Crisis of
Venezuelan Migrants and Refugees in the Region, p. 20, Jun. 2021.
\30\ Ellsworth, Brian, and Sequera, Vivian, Analysis: Collapsed
health system makes Venezuela vaccination campaign an uphill battle,
Reuters, Feb. 12, 2021.
\31\ Venezuela experiences blackouts in capital and at least 15
states, Reuters, Dec. 17, 2021.
\32\ Venezuela: Complex Crisis--Overview, ACAPS, Oct. 14, 2021,
<a href="https://www.acaps.org/country/venezuela/crisis/complex-crisis">https://www.acaps.org/country/venezuela/crisis/complex-crisis</a> (last
visited Feb. 24, 2022).
\33\ Follow-up Report on the Impacts of the Complex Humanitarian
Emergency in Venezuela with the COVID pandemic. Update as of June
2021, HumVenezuela, p.26, Jun. 2021.
\34\ Otis, John, Venezuelans are cooking over wood fires because
of a shortage of propane, NPR, Jan. 8, 2022.
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Political Crisis
Moreover, Venezuela has experienced over ``two decades of political
tumult'' amidst a between self-proclaimed socialist Hugo Ch[aacute]vez
(1999-2013) and his successor Nicol[aacute]s Maduro, on one side, and
the Government of Juan Guaido and an opposition alliance on the
other.\35\ The European Asylum Support Office (EASO) reported that this
political polarization contributed to the emergence of institutional
duality in Venezuela, in which each side does not recognize the
validity of the other's institutions.\36\
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\35\ Overcoming the Global Rift on Venezuela, International
Crisis Group, p.i, Feb. 17, 2022.
\36\ Venezuela: Country Focus, European Asylum Support Office
(EASO), p.21, Aug. 2020.
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Political Repression & Human Rights
According to CRS, international organizations have expressed
concerned about the deterioration of democratic institutions and
threats to freedom of speech and press in Venezuela.\37\ In a February
2022 report, Amnesty International noted that ``[c]rimes under
international law and human rights violations, including politically
motivated arbitrary detentions, torture, extrajudicial executions and
excessive use of force have been systematic and widespread, and could
constitute crimes against humanity.'' \38\ In its annual report
covering 2021, HRW stated that the regime ``and its security forces are
responsible for extrajudicial executions and short-term forced
disappearances and have jailed opponents, prosecuted civilians in
military courts, tortured detainees, and cracked down on protesters.
[The regime] used a state of emergency implemented in response to
C[OVID]-19 as a pretext to intensify their control over the population.
The lack of judicial independence contributed to impunity for these
crimes.'' \39\
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\37\ Ribando Seelke, Clare, Nelson, Rebecca M., Brown, Phillip,
Margesson, Rhoda, Venezuela: Background and U.S. Relations,
Congressional Research Service (CRS), p.6, Apr. 28, 2021.
\38\ Venezuela: Calculated repression: Correlation between
stigmatization and politically motivated arbitrary detentions,
Amnesty International, p.11, Feb. 10, 2022.
\39\ World Report 2022--Venezuela, Human Rights Watch, Jan.
2022.
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Crime & Insecurity
CRS reported in April 2021 that Venezuela has ``among the highest
[[Page 55020]]
homicide and crime victimization rates in Latin America and the
Caribbean.'' \40\ Similarly, the U.S. Department of State's Overseas
Security Advisory Council (OSAC) reported in July 2020 that Venezuela
has ``one of the highest number [sic] of violent deaths in the region
and in the world.'' \41\ In a report dated August 2020, EASO reported
that as political conflict has intensified, armed groups operating in
Venezuela have increasingly preyed on the state's absence, fissures or
weakness, providing them with the sort of power and economic stakes
which directly threaten the country's long-term stability and giving
them effective territorial control in their areas of influence.\42\
Reporting on Transparency International's 2021 Corruption Perceptions
Index (CPI), InSight Crime noted in February 2022 that Venezuela ``held
the title for the seventh consecutive year as the most corrupt country
in the Western Hemisphere with a score of 14, an all-time low for the
country.'' \43\
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\40\ Ribando Seelke, Clare, Nelson, Rebecca M., Brown, Phillip,
Margesson, Rhoda, Venezuela: Background and U.S. Relations,
Congressional Research Service (CRS), p.6, Apr. 28, 2021.
\41\ Venezuela 2020 Crime & Safety Report, Overseas Security
Advisory Council (OSAC), U.S. Department of State, July 21, 2020.
\42\ Venezuela: Country Focus, European Asylum Support Office
(EASO), p.21, Aug. 2020.
\43\ Gorder, Gabrielle, and Robbins, Seth, What are the Most
Corrupt Countries in Latin America?, InSight Crime, Feb. 11, 2022.
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Migration
More than six million refugees and migrants from Venezuela have
left their country of origin, with more than five million being hosted
in the region.'' \44\ In June 2021, the Working Group of the OAS on the
Crisis of Venezuelan Migrants and Refugees in the Region identified
five main reasons that Venezuelans have been forced to flee their
country: (1) ``Complex Humanitarian Emergency''; (2) ``Human Rights
Violations''; (3) ``Widespread Violence''; (4) ``Collapse of Public
Services''; (5) ``Economic Collapse.'' \45\
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\44\ RMRP 2022--Regional Refugee and Migrant Response Plan
(RMRP)--January-December 2022, Inter-Agency Coordination Platform
for Refugees and Migrants from Venezuela (R4V), p.6, Dec. 7, 2021.
\45\ Venezuelan Migration and Refugee Crisis, Working Group of
the Organization of American States (OAS) on the Crisis of
Venezuelan Migrants and Refugees in the Region, p. 12-22, Jun. 2021.
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As of July 11, 2022, approximately 3,920 F-1 nonimmigrant students
from Venezuela (or individuals having no nationality who last
habitually resided in Venezuela) are enrolled at SEVP-certified
academic institutions in the United States. Given the extent of the
ongoing humanitarian crisis in Venezuela, affected students whose
primary means of financial support comes from Venezuela may need to be
exempt from the normal student employment requirements to continue
their studies in the United States. The ongoing humanitarian crisis has
made it unfeasible for many students to safely return to Venezuela 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.\46\ 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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\46\ DHS considers students who are compliant with ICE 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 July 8, 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 Venezuela citizen,
regardless of country of birth (or an individual having no nationality
who last habitually resided in Venezuela), 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].\47\
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\47\ 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 March 10, 2024, provided the student satisfies the minimum course
load requirements in this notice.
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[[Page 55021]]
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'' \48\ 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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\48\ 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 received an initial
F-1 visa and made an initial entry into the United States after April
22, 2021?
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 Venezuela regardless of country of birth
(or an individual having no nationality who last habitually resided
in Venezuela);
(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 April 22, 2021;
(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 humanitarian crisis in Venezuela.
An F-1 nonimmigrant student who does not meet all these
requirements is ineligible for the suspension of the applicability of
the standard regulatory requirements (even if experiencing severe
economic hardship as a direct result of the ongoing humanitarian crisis
in Venezuela).
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 Venezuela (or
individuals having no nationality who last habitually resided in
Venezuela) 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 Venezuela (or individuals having no nationality who last
habitually resided in Venezuela) 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].\49\
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\49\ 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 March 10, 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 the humanitarian
crisis in Venezuela. 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).
[[Page 55022]]
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'' \50\ 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.\51\
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\50\ See 8 CFR 214.2(f)(6).
\51\ 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 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'' \52\ 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.\53\
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\52\ See 8 CFR 214.2(f)(6).
\53\ 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 humanitarian crisis in Venezuela. 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 their DSO:
(1) This employment is necessary to avoid severe economic
hardship; and
(2) The hardship is a direct result of the humanitarian crisis
in Venezuela.
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].\54\
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\54\ 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 March 10, 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'' \55\ at the time of the request
for employment authorization;
---------------------------------------------------------------------------
\55\ See 8 CFR 214.2(f)(6).
---------------------------------------------------------------------------
(b) The F-1 nonimmigrant student is a citizen of Venezuela,
regardless of country of birth (or an individual having no nationality
who last habitually resided in Venezuela), and is experiencing severe
economic hardship as a direct result of the humanitarian crisis in
Venezuela, 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
[[Page 55023]]
instruction per academic term if the student is at the graduate level;
\56\ and
---------------------------------------------------------------------------
\56\ 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
humanitarian crisis in Venezuela.
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,\57\ under this notice has two options.
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\57\ 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).
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Under the first option, the nonimmigrant student may apply for TPS
according to the instructions in the USCIS notice designating Venezuela
for TPS elsewhere in this issue of the Federal Register.\58\ 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
TPS-related EAD that is valid through March 10, 2024, they must file
Form I-765 and pay the Form I-765 fee (or submit a Request for Fee
Waiver (Form I-912)). An F-1 student who already has a TPS-related EAD
will benefit from an automatic extension of the EAD through September
9, 2023, through the Federal Register notice extending the designation
of Venezuela for TPS. A Venezuela TPS-related EAD can also be
automatically extended for up to 540 days \59\ if an F-1 nonimmigrant
student who is a TPS beneficiary properly files a renewal Form I-765
application and pays the Form I-765 fee (or submit a Request for Fee
Waiver (Form I-912)) during the filing period described in the Federal
Register notice extending the designation of Venezuela for TPS. 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.
---------------------------------------------------------------------------
\58\ Only those Venezuelan nationals (and noncitizens having no
nationality who last habitually resided in Venezuela) who have
continuously resided in the United States since March 8, 2021, and
have been continuously physically present in the United States since
March 10, 2021, are eligible to apply for TPS under this notice.
\59\ 8 CFR 274a.13(d)(5).
---------------------------------------------------------------------------
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 Venezuela 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'' \60\ 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).
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\60\ 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 humanitarian crisis in Venezuela. 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 55024]]
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 through March 10, 2024,\61\ to
eligible F-1 nonimmigrant students. DHS will continue to monitor the
situation in Venezuela. 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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\61\ 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 March 10, 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 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 July 8, 2022).
---------------------------------------------------------------------------
Paperwork Reduction Act (PRA)
An F-1 nonimmigrant student seeking off-campus employment
authorization due to severe economic hardship resulting from the
humanitarian crisis in Venezuela 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. 2022-19542 Filed 9-7-22; 8:45 am]
BILLING CODE 9111-28-P
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</html>Indexed from Federal Register on September 8, 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.