Notice2022-26874
Employment Authorization for Ethiopian F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of the Current Crisis in Ethiopia
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
December 12, 2022
Effective
December 12, 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 Ethiopia, regardless of country of birth (or individuals having no nationality who last habitually resided in Ethiopia), and who are experiencing severe economic hardship as a direct result of the current crisis in Ethiopia. The Secretary is taking action to provide relief to these Ethiopian 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 237 (Monday, December 12, 2022)</title>
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[Federal Register Volume 87, Number 237 (Monday, December 12, 2022)]
[Notices]
[Pages 76068-76073]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26874]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Immigration and Customs Enforcement
[Docket No. ICEB-2022-0012]
RIN 1653-ZA32]
Employment Authorization for Ethiopian F-1 Nonimmigrant Students
Experiencing Severe Economic Hardship as a Direct Result of the Current
Crisis in Ethiopia
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 Ethiopia,
regardless of country of birth (or individuals having no nationality
who last habitually resided in Ethiopia), and who are experiencing
severe economic hardship as a direct result of the current crisis in
Ethiopia. The Secretary is taking action to provide relief to these
Ethiopian 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 December 12, 2022, through Wednesday
June 12, 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#0172647771416862642f6569722f666e77"><span class="__cf_email__" data-cfemail="d3a0b6a5a393bab0b6fdb7bba0fdb4bca5">[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 Ethiopia regardless of country of birth (or
individuals having no nationality who last habitually resided in
Ethiopia), who are present in the United States in lawful F-1
nonimmigrant student status on the date of publication of this notice,
and who are experiencing severe economic hardship as a direct result of
the current crisis in Ethiopia. Effective with this publication,
suspension of the employment limitations is available through [DATE],
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 [DATE], 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 Oct. 6, 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 Ethiopia regardless of country of birth (or an
individual having no nationality who last habitually resided in
Ethiopia);
(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 76069]]
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 Ethiopia.
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 Ethiopian F-1
nonimmigrant students experiencing severe economic hardship due to the
current crisis in Ethiopia caused by the armed conflict in multiple
regions of the country resulting in large-scale displacement of
civilians. Based on its review of country conditions in Ethiopia and
input received from the U.S. Department of State (DOS), DHS is taking
action to allow eligible F-1 nonimmigrant students from Ethiopia to
request employment authorization, work an increased number of hours
while school is in session, and reduce their course load while
continuing to maintain F-1 nonimmigrant student status.
The conflict in northern Ethiopia began in November 2020, when a
constitutional dispute between Tigray and federal leaders escalated
into conflict amid a prolonged power struggle.\2\ Human rights abuses
by all parties to the conflict have been reported, including killings,
torture, gender-based violence, arbitrary or unjust detentions, and
there have also been potential human trafficking crimes.\3\ The federal
government declared a humanitarian truce in the Tigray region on March
24, 2022, which was reciprocated by the Tigrayan regional authorities,
but hostilities resumed on August 24, 2022.\4\ On September 1, 2022,
Tigray authorities stated that the Ethiopian and Eritrean armies had
launched major offenses into the northwestern Tigray region.\5\ After
significant engagement by the African Union and other partners,
delegations from the government of Ethiopia and Tigray regional
authorities signed a cessation of hostilities agreement in Pretoria on
November 2. While this agreement is an important initial step in
curbing violence in northern Ethiopia, it does not address violence in
other parts of Ethiopia, and--as of early November 2022--there remains
significant humanitarian suffering as a result of the two-year
conflict.
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\2\ International Crisis Group, Avoiding the Abyss as War
Resumes in Northern Ethiopia (Sept. 7, 2022), <a href="https://www.crisisgroup.org/africa/horn-africa/ethiopia/avoiding-abyss-war-resumes-northern-ethiopia">https://www.crisisgroup.org/africa/horn-africa/ethiopia/avoiding-abyss-war-resumes-northern-ethiopia</a>.
\3\ Id.; Department of State, 2022 Trafficking in Persons Report
(July 19, 2022), <a href="https://www.state.gov/reports/2022-trafficking-in-persons-report/">https://www.state.gov/reports/2022-trafficking-in-persons-report/</a>.
\4\ International Crisis Group, Avoiding the Abyss as War
Resumes in Northern Ethiopia (Sept. 7, 2022), <a href="https://www.crisisgroup.org/africa/horn-africa/ethiopia/avoiding-abyss-war-resumes-northern-ethiopia">https://www.crisisgroup.org/africa/horn-africa/ethiopia/avoiding-abyss-war-resumes-northern-ethiopia</a>.
\5\ Id.
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Armed Conflict Location and Event Data Project (ACLED) data
indicates that over 230 alleged incidents of civilians being targeted
were reported in Ethiopia during the first six months of 2022.\6\
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\6\ ACLED, Multiple Complications Threaten to Result in a
Dangerous Re-escalation (Aug. 15, 2022), <a href="https://acleddata.com/10-conflicts-to-worry-about-in-2022/ethiopia/mid-year-update/">https://acleddata.com/10-conflicts-to-worry-about-in-2022/ethiopia/mid-year-update/</a>.
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Violence in Ethiopia has caused many to flee their homes and has
exacerbated humanitarian concerns regarding access to food, water, and
healthcare. A September 2022 United Nations (UN) Office for the
Coordination of Humanitarian Affairs (UNOCHA) report stated: ``more
than 20 million people affected by violence as well as climatic shocks
. . . require humanitarian assistance and protection services until the
end of 2022.'' \7\ In July 2022, the UN Children's Fund (UNICEF)
estimated that 29.7 million people are in need of humanitarian
assistance, including access to food, water, and health services, in
Ethiopia. UNICEF also estimated that there were 2.75 million internally
displaced persons (IDPs) in Ethiopia.\8\ An August 2022 report by the
UN Food and Agriculture Organization (FAO) stated that, in 2022, 20.4
million people are estimated to be severely food insecure, which is 2.4
million more than in 2021.\9\ In addition, the UN High Commissioner for
Refugees (UNHCR) estimated that there are more than 59,500 Ethiopian
refugees in eastern Sudan who have fled violence in Ethiopia.\10\
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\7\ UNOCHA, Ethiopia Situation Overview (Sept. 7, 2022), <a href="https://reports.unocha.org/en/country/ethiopia/card/5EhBh4Xf5z/">https://reports.unocha.org/en/country/ethiopia/card/5EhBh4Xf5z/</a>.
\8\ UNICEF, Ethiopia Humanitarian Situation Report No. 7 (July
2022), <a href="https://www.unicef.org/media/126921/file/Ethiopia%20Humanitarian%20Situation%20Report%20No.%207,%20July%202022.pdf">https://www.unicef.org/media/126921/file/Ethiopia%20Humanitarian%20Situation%20Report%20No.%207,%20July%202022.pdf</a>.
\9\ UN FAO, GIEWS--Global Information and Early Warning System,
Country Briefs, Ethiopia (Aug. 24, 2022), <a href="https://www.fao.org/giews/countrybrief/country.jsp?code=ETH&lang=en">https://www.fao.org/giews/countrybrief/country.jsp?code=ETH&lang=en</a>.
\10\ UNOCHA, Sudan: East Sudan (Kassala & Gedaref) & Blue Nile
States--Ethiopian Emergency Situation Update (as of 31 August 2022),
(Sept. 14, 2022), <a href="https://reliefweb.int/report/sudan/sudan-east-sudan-kassala-gedaref-blue-nile-states-ethiopian-emergency-situation-update-31-august-2022">https://reliefweb.int/report/sudan/sudan-east-sudan-kassala-gedaref-blue-nile-states-ethiopian-emergency-situation-update-31-august-2022</a>.
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Ethiopia is facing multiple and overlapping crises, significantly
impacting the security and humanitarian situation throughout the
country. Areas experiencing conflict have seen their local healthcare
systems severely damaged and diminished. A July 2022 World Health
Organization (WHO) report stated that in the Tigray region, just 22
percent of health facilities were fully functioning, with 75 percent
only partially functioning, and 3 percent not functioning at all.\11\
Additionally, Ethiopia has been experiencing one of the most severe
droughts in the last forty years since late 2020.\12\ Drought
conditions have resulted in widespread death of livestock, a key source
of food, milk, and income for pastoralists.\13\ Due to the instability
caused by increased levels of armed conflict, Ethiopia is facing
economic pressure. Annual inflation remains high, driven by rising food
and fuel costs, which puts pressure on households' ability to access
market foods. Annual inflation in July 2022 was at 33.5 percent,
slightly lower than in June 2022.\14\ Ethiopia is experiencing
insufficient foreign currency reserves and the continuous depreciation
of the national currency, the Ethiopian birr.\15\
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\11\ WHO, Situation Report: Greater Horn of Africa Drought and
Food Insecurity Grade 3 Emergency (July 29, 2022), <a href="https://cdn.who.int/media/docs/default-source/documents/emergencies/who_ghoa_sitrep_2022-08-08.pdf?sfvrsn=dbdfc8b0_3&download=true">https://cdn.who.int/media/docs/default-source/documents/emergencies/who_ghoa_sitrep_2022-08-08.pdf?sfvrsn=dbdfc8b0_3&download=true</a>.
\12\ UNOCHA, Ethiopia: Drought Update No. 4, June 2022 (June 3,
2022), <a href="https://reliefweb.int/report/ethiopia/ethiopia-drought-update-no-4-june-2022">https://reliefweb.int/report/ethiopia/ethiopia-drought-update-no-4-june-2022</a>.
\13\ Id.
\14\ Famine Early Warning Systems Network (FEWS NET), There is
the potential for extreme food insecurity in conflict and drought-
affected areas of Ethiopia (July 2022), <a href="https://fews.net/east-africa/ethiopia/key-message-update/july-2022">https://fews.net/east-africa/ethiopia/key-message-update/july-2022</a>.
\15\ Food and Agriculture Organization of the United Nations
(FAO), GIEWS--Global Information and Early Warning System, Country
Briefs, Ethiopia (Aug. 24, 2022), <a href="https://www.fao.org/giews/countrybrief/country.jsp?code=ETH&lang=en">https://www.fao.org/giews/countrybrief/country.jsp?code=ETH&lang=en</a>.
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As of October 2, 2022, approximately 3,592 F-1 nonimmigrant
students who are Ethiopian citizens are enrolled at SEVP-certified
academic institutions in the United States. Given the extent of the
current crisis in Ethiopia, affected students whose primary means of
financial support comes from Ethiopia 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 Ethiopia for the foreseeable future.
Without employment
[[Page 76070]]
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.\16\ 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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\16\ 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
Oct. 6, 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 Ethiopian citizen,
regardless of country of birth (or an individual having no nationality
who last habitually resided in Ethiopia), 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].\17\
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\17\ 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 [date], 2024, provided the student satisfies the minimum course
load requirements in this notice.
Must the F-1 nonimmigrant student apply for reinstatement after
expiration of this special employment authorization if the student
reduces his or her ``full course of study''?
No. DHS will deem an F-1 nonimmigrant student who receives and
comports with the employment authorization permitted under this notice
to be engaged in a ``full course of study'' \18\ 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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\18\ See 8 CFR 214.2(f)(6).
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Will an F-2 dependent (spouse or minor child) of an F-1 nonimmigrant
student covered by this notice be eligible for employment
authorization?
No. An F-2 spouse or minor child of an F-1 nonimmigrant student is
not authorized to work in the United States and, therefore, may not
accept employment under the F-2 nonimmigrant status, consistent with 8
CFR 214.2(f)(15)(i).
Will the suspension of the applicability of the standard student
employment requirements apply to an individual who receives an initial
F-1 visa and makes an initial entry into the United States after the
effective date of this notice in the Federal Register?
No. The suspension of the applicability of the standard regulatory
requirements only applies to certain F-1 nonimmigrant students who meet
the following conditions:
(1) Are a citizen of Ethiopia regardless of country of birth (or an
individual having no nationality who last habitually resided in
Ethiopia);
(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
[[Page 76071]]
(5) Are experiencing severe economic hardship as a direct result of
the current crisis in Ethiopia.
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
Ethiopia).
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 Ethiopia 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 Ethiopia 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].\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 [date], 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 current
crisis in Ethiopia. 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 on-campus employment
when school is not in session or during school vacations apply, as
described in 8 CFR 214.2(f)(9)(i).
Will an F-1 nonimmigrant student who receives on-campus employment
authorization under this notice have authorization to reduce the normal
course load and still maintain his or her F-1 nonimmigrant student
status?
Yes. DHS will deem an F-1 nonimmigrant student who receives on-
campus employment authorization under this notice to be engaged in a
``full course of study'' \20\ for the purpose of maintaining their F-1
nonimmigrant student status for the duration of the on-campus
employment, if the student satisfies the minimum course load
requirement described in this notice, consistent with 8 CFR
214.2(f)(6)(i)(F). However, the authorization to reduce the normal
course load is solely for DHS purposes of determining valid F-1
nonimmigrant student status. Nothing in this notice mandates that
school officials allow an F-1 nonimmigrant student to take a reduced
course load if the reduction would not meet the academic institution's
minimum course load requirement for continued enrollment.\21\
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\20\ See 8 CFR 214.2(f)(6).
\21\ 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 per week of off-
campus employment while the school is in session; and
(d) The requirement that the student demonstrate that employment
under 8 CFR 214.2(f)(9)(i) is unavailable or otherwise insufficient to
meet the needs that have arisen as a result of the unforeseen
circumstances.
Will an F-1 nonimmigrant student who receives off-campus employment
authorization under this notice have authorization to reduce the normal
course load and still maintain F-1 nonimmigrant status?
Yes. DHS will deem an F-1 nonimmigrant student who receives off-
campus employment authorization by means of this notice to be engaged
in a ``full course of study'' \22\ for the purpose of maintaining F-1
nonimmigrant student status for the duration of the student's
employment authorization if the student satisfies the minimum course
load requirement described in this notice, consistent with 8 CFR
214.2(f)(6)(i)(F). However, the authorization for a reduced course load
is solely for DHS purposes of determining valid F-1 nonimmigrant
[[Page 76072]]
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.\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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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 Ethiopia.\24\ Filing instructions are located at
<a href="https://www.uscis.gov/i-765">https://www.uscis.gov/i-765</a>.
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\24\ 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
Ethiopia.
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].\25\
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\25\ 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 [date], 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'' \26\ at the time of the request
for employment authorization;
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\26\ See 8 CFR 214.2(f)(6).
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(b) The F-1 nonimmigrant student is a citizen of Ethiopia,
regardless of country of birth (or an individual having no nationality
who last habitually resided in Ethiopia), and is experiencing severe
economic hardship as a direct result of the current crisis in Ethiopia,
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; \27\ and
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\27\ 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 Ethiopia.
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.'' \28\ Failure to include this notation may
result in significant processing delays.
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\28\ Guidance for direct filing addresses can be found here:
<a href="https://www.uscis.gov/i-765">https://www.uscis.gov/i-765</a>-addresses.
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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,\29\ under this notice has two options.
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\29\ 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 Oct. 6, 2022).
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Under the first option, the F-1 nonimmigrant student may apply for
TPS according to the instructions in the USCIS notice designating
Ethiopia for TPS elsewhere in this issue of the Federal Register. All
TPS applicants must file a Form I-821, Application for Temporary
Protected Status with the appropriate fee (or request a fee waiver).
Although not required to do so, if F-1 nonimmigrant students want to
obtain a new TPS-related EAD that is valid through [DATE], 2024, and to
be eligible for automatic EAD extensions that may be available to
certain EADs with an A-12 or C-19 category code, they must file Form I-
765 and pay the Form I-765 fee (or request a fee waiver). After
receiving the TPS-related EAD, an F-1 nonimmigrant student may request
that their DSO make the required entry in SEVIS, issue an updated Form
I-20, as described in this notice, and notate that the nonimmigrant
student has been authorized to carry a reduced course load and is
working pursuant to a TPS-related EAD. So long as the F-1 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
[[Page 76073]]
maintains F-1 status and TPS concurrently.
Under the second option, the F-1 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 Ethiopia 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 F-1 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 F-1 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'' \30\ 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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\30\ 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 Ethiopia. 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 [DATE], 2024,\31\ to
eligible F-1 nonimmigrant students. DHS will continue to monitor the
situation in Ethiopia. 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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\31\ 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 [date], 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 Oct. 6, 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 Ethiopia 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. 2022-26874 Filed 12-9-22; 8:45 am]
BILLING CODE 9111-28-P
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</html>Indexed from Federal Register on December 12, 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.