Notice2022-20758
Employment Authorization for Burmese F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of the Current Crisis in Burma (Myanmar)
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 27, 2022
Effective
November 26, 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 Burma, regardless of country of birth (or individuals having no nationality who last habitually resided in Burma), and who are experiencing severe economic hardship as a direct result of the current crisis in Burma. The Secretary is taking action to provide relief to these Burmese 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 granted 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 186 (Tuesday, September 27, 2022)</title>
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[Federal Register Volume 87, Number 186 (Tuesday, September 27, 2022)]
[Notices]
[Pages 58509-58515]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-20758]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Immigration and Customs Enforcement
[Docket No. ICEB-2022-0011]
RIN 1653-ZA31
Employment Authorization for Burmese F-1 Nonimmigrant Students
Experiencing Severe Economic Hardship as a Direct Result of the Current
Crisis in Burma (Myanmar)
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 Burma, regardless
of country of birth (or individuals having no nationality who last
habitually resided in Burma), and who are experiencing severe economic
hardship as a direct result of the current crisis in Burma. The
Secretary is taking action to provide relief to these Burmese 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 granted
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 notice is effective November 26, 2022, through May 25,
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#7f0c1a090f3f161c1a511b170c51181009"><span class="__cf_email__" data-cfemail="9be8feedebdbf2f8feb5fff3e8b5fcf4ed">[email protected]</span></a>, telephone: (703) 603-3400. This is
not a toll-free number. Program information can be found at <a href="https://www.ice.gov/sevis/">https://www.ice.gov/sevis/</a>.
SUPPLEMENTARY INFORMATION:
What action is DHS taking under this notice?
The Secretary is exercising authority under 8 CFR 214.2(f)(9) to
temporarily suspend the applicability of certain requirements governing
on-campus and off-campus employment for F-1 nonimmigrant students whose
country of citizenship is Burma regardless of country of birth (or
individuals having no nationality who last habitually resided in
Burma), who are present in the United States in lawful F-1 nonimmigrant
student status on the date of publication of this notice, and who are
experiencing severe economic hardship as a direct result of current
crisis in Burma. Effective with this publication, suspension of the
employment limitations is available through May 25, 2024, for those who
are in lawful F-1 nonimmigrant status on the date of publication of
this notice. 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 May 25, 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 Aug. 5, 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 Burma regardless of country of birth (or an
individual having no nationality who last habitually resided in Burma);
(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
[[Page 58510]]
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 current crisis in Burma.
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 Burmese F-1 nonimmigrant
students experiencing severe economic hardship due to exigent
circumstances in Burma caused by the February 2021 military coup, which
has led to continuing violence, arbitrary detentions, use of lethal
violence against peaceful protesters, and the worsening of humanitarian
conditions. Based on its review of country conditions in Burma and
input received from the U.S. Department of State (DOS), DHS is taking
action to allow eligible F-1 nonimmigrant students from Burma 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.
Since the military coup d'etat on February 1, 2021, the Burma
military regime has widely committed human rights violations and
abuses, including arbitrary detentions and the unwarranted use of
deadly force against unarmed individuals. As a result of the crisis,
nearly one million people are currently internally displaced throughout
the country, bringing the total number of IDPs to nearly 1.3 million
with pre-coup displacements, while more than 45,500 additional persons
have sought refuge outside Burma since the coup.\2\ Internally
displaced persons and other vulnerable populations throughout the
country now lack adequate and secure access to shelter, food, water and
sanitation, health care, and education. Inflation and a shrinking
economy are compounding this crisis and straining already under-
resourced relief efforts.\3\
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\2\ Myanmar Humanitarian Update No. 18, U.N. Office for the
Coordination of Humanitarian Affairs (OCHA), May 31, 2022, pp. 2, 7-
8, 14, available at: <a href="https://reliefweb.int/report/myanmar/myanmar-humanitarian-update-no-18-31-may-2022">https://reliefweb.int/report/myanmar/myanmar-humanitarian-update-no-18-31-may-2022</a> (last visited June 8, 2022).
\3\ Id.
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In the period following the coup, fighting between the Burmese
military and groups (many of them newly formed) resisting the
military's seizure of power have expanded to most parts of the country,
even regions that had previously seen little fighting.'' \4\ The report
noted that the military has escalated <SUP>5 6</SUP> The crisis in
Burma has caused over a million people to flee the country as refugees
or to be displaced internally. Furthermore, though estimates are
difficult to verify, about 12,700 ``houses, churches, monasteries, and
schools'' appear to have been destroyed since the start of the
violence, a level of destruction that ``will make internally displaced
persons returns more difficult even if the situation improves.'' \7\
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\4\ Myanmar's Coup Shakes Up Its Ethnic Conflicts, International
Crisis Group, Jan. 12, 2022, available at: <a href="https://www.crisisgroup.org/asia/south-east-asia/myanmar/319-myanmars-coup-shakes-its-ethnic-conflicts">https://www.crisisgroup.org/asia/south-east-asia/myanmar/319-myanmars-coup-shakes-its-ethnic-conflicts</a> (last accessed May 27, 2022).
\5\ Report of the Special Rapporteur on the situation of human
rights in Myanmar, Thomas H. Andrews, U.N. Human Rights Council,
Mar. 16, 2022, available at: <a href="https://www.ohchr.org/en/documents/country-reports/ahrc4976-report-special-rapporteur-situation-human-rights-myanmar-thomas">https://www.ohchr.org/en/documents/country-reports/ahrc4976-report-special-rapporteur-situation-human-rights-myanmar-thomas</a> (last accessed May 27, 2022).
\6\ Id.
\7\ Myanmar Humanitarian Update No. 18, supra, p. 2.
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The coup has also exacerbated the precarious human rights situation
of members of the ethnic minority Rohingya, a group against whom the
Secretary of State determined that members of the Burmese military had
committed genocide and crimes against humanity.\8\ Rohingya are
forbidden by law from relocating within Burma and have been arrested
since the 2021 coup when they have attempted to do so.\9\ Rohingya
attempting to flee Burma by boat have also perished at sea, as happened
in May 2022, when 14 people died when their boat capsized as they were
attempting to make the journey from Rakhine state to Malaysia.\10\
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\8\ Genocide, Ethnic Cleansing, and Crimes Against Humanity in
Burma, U.S. Department of State, undated, available at: <a href="https://www.state.gov/burma-genocide/">https://www.state.gov/burma-genocide/</a> (last visited May 25, 2022).
\9\ Myanmar's military coup prolongs misery for Rohingya in
Rakhine, Al-Jazeera, Jan. 6, 2022, available at: <a href="https://www.aljazeera.com/news/2022/1/6/rohingya-myanmar-restrictions-on-freedom-of-movement">https://www.aljazeera.com/news/2022/1/6/rohingya-myanmar-restrictions-on-freedom-of-movement</a> (last visited May 31, 2022).
\10\ At Least 17 Perish as Refugee Boat Capsizes Off Myanmar
Coast, The Diplomat, May 24, 2022, available at: <a href="https://thediplomat.com/2022/05/at-least-17-perish-as-refugee-boat-capsizes-off-myanmar-coast/">https://thediplomat.com/2022/05/at-least-17-perish-as-refugee-boat-capsizes-off-myanmar-coast/</a> (last visited May 31, 2022).
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As of May 31, 2022, 13.2 million persons [in Burma?] were estimated
to face moderate to severe food insecurity with the greatest needs in
areas affected by fighting.\11\ Access to adequate food and nutrition
is a major unmet need. Severe acute malnutrition is a threat to life,
with only 2 percent of the 39,477 children aged 6-59 months old
targeted for assistance having received treatment.\12\ In some places,
relief agencies are only recently beginning to be able to provide
assistance to those rendered vulnerable by the destruction of property.
Lack of resources, strong storms and heavy rain, and access and
movement restrictions limit the United Nations (U.N.) and its partners
from providing assistance to all of those in need. As of September
2022, only 50 percent (3.1 million people) of those targeted for relief
in the U.N.'s 2022 Humanitarian Response Plan (6.2 million people) had
been reached with humanitarian assistance.\13\
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\11\ Myanmar Humanitarian Update No. 18, supra, p. 8.
\12\ Id., p. 9.
\13\ Id., p.2.
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The ongoing violence and the resulting displacement in Burma have
caused major vulnerabilities related to (1) shelter, (2) food security
and nutrition, (3) water, sanitation and hygiene (WASH), (4) health and
(5) education for persons in Burma.\14\ Lack of personnel, facilities
and supplies is contributing to a ``worsening of maternal and child
health outcomes,'' as well as ``poor emergency care'' for pregnant
women, victims of fighting, and persons with other related and
unrelated injuries, all of which is anticipated to result in increased
numbers of avoidable deaths.\15\
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\14\ Id.
\15\ Id., pp. 8-9.
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The coup and the instability it has created (within and outside of
Burma) have deteriorated Burma's economic conditions, worsening the
crisis. The Burmese currency, the kyat, has experienced extreme
volatility since the coup, as Burma's economy shrank by 18% in the year
leading up to September 2021, critical services such as banking,
telecommunications, health, and education were disrupted, and economic
sanctions that had been lifted as Burma had transitioned toward
democracy were reimposed.\16\ Increasing commodity prices, particularly
for food and fuel, are causing distress for thousands of people across
the country. In addition to affecting Burmese people's purchasing power
for essential items such as food,
[[Page 58511]]
rising prices are beginning to affect the work of relief agencies,
particularly those supplying food and shelter.\17\
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\16\ Myanmar Central Bank Orders Government Agencies to Stop
Using Foreign Currencies, The Diplomat, May 27, 2022, available at:
<a href="https://thediplomat.com/2022/05/myanmar-central-bank-orders-government-agencies-to-stop-using-foreign-currencies/">https://thediplomat.com/2022/05/myanmar-central-bank-orders-government-agencies-to-stop-using-foreign-currencies/</a> (last visited
May 31, 2022).
\17\ Myanmar Humanitarian Update No. 18, supra, pp. 2, 7-8, 14.
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In summary, more than a year after the Burmese military perpetrated
a coup, human rights violations and abuses, including sexual violence,
disappearances, excessive use of force, and killings, are occurring in
most parts of the country. As a result, more than one million people
are currently internally displaced throughout the country, while more
than 45,500 additional persons have sought refuge in neighboring
countries giving rise to major vulnerabilities related to shelter, food
security, and the country's economy.
As of July 27, 2022, approximately 2,140 F-1 nonimmigrant students
from Burma are enrolled at SEVP-certified academic institutions in the
United States. Given the extent of the current crisis in Burma,
affected students whose primary means of financial support comes from
Burma may need to be exempt from the normal student employment
requirements to continue their studies in the United States. The
current crisis has made it unfeasible for many students to safely
return to Burma 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.\18\ See 8 CFR 214.2(f)(6)(i)(G). An F-1 nonimmigrant
student attending an approved private school in kindergarten through
grade 12 or public school in grades 9 through 12 must maintain ``class
attendance for not less than the minimum number of hours a week
prescribed by the school for normal progress toward graduation,'' as
required under 8 CFR 214.2(f)(6)(i)(E). Nothing in this notice affects
the applicability of federal and state labor laws limiting the
employment of minors.
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\18\ DHS considers students who are compliant with ICE
coronavirus disease 2019 (COVID-19) guidance for nonimmigrant
students to be in compliance with regulations while such COVID-19
guidance remains in effect. See ICE Guidance and Frequently Asked
Questions on COVID-19, <a href="https://www.ice.gov/coronavirus">https://www.ice.gov/coronavirus</a> (last visited
Aug. 5, 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 Burmese citizen,
regardless of country of birth (or an individual having no nationality
who last habitually resided in Burma), 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].\19\
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\19\ 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 May 25, 2024, provided the student satisfies the minimum course
load requirements in this notice.
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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'' \20\ 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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\20\ 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).
[[Page 58512]]
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 Burma regardless of country of birth (or an
individual having no nationality who last habitually resided in Burma);
(2) Were lawfully present in the United States in F-1 nonimmigrant
status, under section 101(a)(15)(F)(i) of the INA, 8 U.S.C.
1101(a)(15)(F)(i) on the date of publication of this notice;
(3) Are enrolled in an academic institution that is SEVP-certified
for enrollment of F-1 nonimmigrant students;
(4) Are maintaining F-1 nonimmigrant status; and
(5) Are experiencing severe economic hardship as a direct result of
the current crisis in Burma.
An F-1 nonimmigrant student who does not meet all these
requirements is ineligible for the suspension of the applicability of
the standard regulatory requirements (even if experiencing severe
economic hardship as a direct result of the current crisis in Burma).
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 Burma 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 Burma enrolled in an elementary
school, middle school, or high school may benefit from the suspension
of the requirement in 8 CFR 214.2(f)(9)(i) that limits on-campus
employment to 20 hours per week while school is in session.
On-Campus Employment Authorization
Will an F-1 nonimmigrant student who receives on-campus employment
authorization under this notice be authorized to work more than 20
hours per week while school is in session?
Yes. For an F-1 nonimmigrant student covered in this notice, the
Secretary is suspending the applicability of the requirement in 8 CFR
214.2(f)(9)(i) that limits an F-1 nonimmigrant student's on-campus
employment to 20 hours per week while school is in session. An eligible
F-1 nonimmigrant student has authorization to work more than 20 hours
per week while school is in session if the DSO has entered the
following statement in the remarks field of the 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].\21\
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\21\ 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 May 25, 2024, provided the student satisfies the minimum course
load requirements in this notice.
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To obtain on-campus employment authorization, the F-1 nonimmigrant
student must demonstrate to the DSO that the employment is necessary to
avoid severe economic hardship directly resulting from the current
crisis in Burma. 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'' \22\ 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.\23\
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\22\ See 8 CFR 214.2(f)(6).
\23\ Minimum course load requirement for enrollment in a school
must be established in a publicly available document (e.g., catalog,
website, or operating procedure), and it must be a standard
applicable to all students (U.S. citizens and foreign students)
enrolled at the school.
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Off-Campus Employment Authorization
What regulatory requirements does this notice temporarily suspend
relating to off-campus employment?
For an F-1 nonimmigrant student covered by this notice, as provided
under 8 CFR 214.2(f)(9)(ii)(A), the Secretary is suspending the
following regulatory requirements relating to off-campus employment:
(a) The requirement that a student must have been in F-1
nonimmigrant student status for one full academic year to be eligible
for off-campus employment;
(b) The requirement that an F-1 nonimmigrant student must
demonstrate that acceptance of employment will not interfere with the
student'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
[[Page 58513]]
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'' \24\ 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.\25\
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\24\ See 8 CFR 214.2(f)(6).
\25\ Minimum course load requirement for enrollment in a school
must be established in a publicly available document (e.g., catalog,
website, or operating procedure), and it must be a standard
applicable to all students (U.S. citizens and foreign students)
enrolled at the school.
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How may an eligible F-1 nonimmigrant student obtain employment
authorization for off-campus employment with a reduced course load
under this notice?
An F-1 nonimmigrant student must file a Form I-765, Application for
Employment Authorization, with USCIS to apply for off-campus employment
authorization based on severe economic hardship directly resulting from
the current crisis in Burma.\26\ Filing instructions are located at
<a href="https://www.uscis.gov/i-765">https://www.uscis.gov/i-765</a>.
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\26\ See 8 CFR 274a.12(c)(3)(iii).
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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 current crisis in Burma.
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].\27\
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\27\ 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 May 25, 2024, provided the student satisfies the minimum course
load requirements in this notice.
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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'' \28\ at the time of the request
for employment authorization;
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\28\ See 8 CFR 214.2(f)(6).
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(b) The F-1 nonimmigrant student is a citizen of Burma, regardless
of country of birth (or an individual having no nationality who last
habitually resided in Burma), and is experiencing severe economic
hardship as a direct result of the current crisis in Burma, 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; \29\ and
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\29\ 29 8 CFR 214.2(f)(5)(v).
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(d) The off-campus employment is necessary to alleviate severe
economic hardship to the individual as a direct result of the current
crisis in Burma.
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 the following
documents:
(1) A completed Form I-765 with all applicable supporting evidence;
(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,\30\ under this notice has two options.
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\30\ 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 Aug. 5, 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 Burma for
TPS elsewhere in this issue of the
[[Page 58514]]
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 TPS-related EAD that is
valid through May 25, 2024, they must file Form I-765 and pay the Form
I-765 fee (or request a Fee Waiver). An F-1 student who already has a
TPS-related EAD will benefit from an automatic extension of the EAD
through November 25, 2023, through the Federal Register notice
extending the designation of Burma for TPS. A Burma TPS-related EAD can
also be automatically extended for up to 540 days \31\ 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 requests a Fee
Waiver) during the filing period described in the Federal Register
notice extending the designation of Burma for TPS, but no later than
October 26, 2023. 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.
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\31\ 8 CFR 274a.13(d)(5).
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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 Burma 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 that
are not available to the C-3 category under which Special Student
Relief falls. 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'' \32\ 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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\32\ See 8 CFR 214.2(f)(6).
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How does a student who has received a TPS-related EAD then apply for
authorization to take a reduced course load under this notice?
There is no further application process with USCIS if a student has
been approved for a TPS-related EAD. The F-1 nonimmigrant student must
demonstrate and provide documentation to the DSO of the direct economic
hardship resulting from the current crisis in Burma. 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 May 25, 2024,\33\ to
eligible F-1 nonimmigrant students. DHS will continue to monitor the
situation in Burma. 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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\33\ 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 May 25, 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 Aug. 5, 2022).
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Paperwork Reduction Act (PRA)
An F-1 nonimmigrant student seeking off-campus employment
authorization due to severe economic hardship resulting from the
current crisis in Burma 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
[[Page 58515]]
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. 2022-20758 Filed 9-26-22; 8:45 am]
BILLING CODE 9111-28-P
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</html>Indexed from Federal Register on September 27, 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.