Notice2022-28293
Employment Authorization for Yemeni F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of the Crisis in Yemen
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
January 3, 2023
Effective
March 4, 2023
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 Yemen, regardless of country of birth (or individuals having no nationality who last habitually resided in Yemen), and who are experiencing severe economic hardship as a direct result of the crisis in Yemen. The Secretary is taking action to provide relief to these Yemeni students who are lawful F-1 nonimmigrant students so the students may request employment authorization, work an increased number of hours while school is in session, and reduce their course load while continuing to maintain their F-1 nonimmigrant student status. The U.S. Department of Homeland Security (DHS) will deem an F-1 nonimmigrant student who receives employment authorization by means of this notice to be engaged in a "full course of study" for the duration of the employment authorization, if the nonimmigrant student satisfies the minimum course load requirement described in this notice.
Full Text
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<title>Federal Register, Volume 88 Issue 1 (Tuesday, January 3, 2023)</title>
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[Federal Register Volume 88, Number 1 (Tuesday, January 3, 2023)]
[Notices]
[Pages 88-94]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-28293]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Immigration and Customs Enforcement
[Docket No. ICEB-2022-0013]
RIN 1653-ZA33
Employment Authorization for Yemeni F-1 Nonimmigrant Students
Experiencing Severe Economic Hardship as a Direct Result of the Crisis
in Yemen
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 Yemen, regardless
of country of birth (or individuals having no nationality who last
habitually resided in Yemen), and who are experiencing severe economic
hardship as a direct result of the crisis in Yemen. The Secretary is
taking action to provide relief to these Yemeni students who are lawful
F-1 nonimmigrant students so the students may request employment
authorization, work an increased number of hours while school is in
session, and reduce their course load while continuing to maintain
their F-1 nonimmigrant student status. The U.S. Department of Homeland
Security (DHS) will deem an F-1 nonimmigrant student who receives
employment authorization by means of this notice to be engaged in a
``full course of study'' for the duration of the employment
authorization, if the nonimmigrant student satisfies the minimum course
load requirement described in this notice.
DATES: This notice is effective from March 4, 2023, through September
3, 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#681b0d1e1828010b0d460c001b460f071e"><span class="__cf_email__" data-cfemail="e89b8d9e98a8818b8dc68c809bc68f879e">[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:
[[Page 89]]
What action is DHS taking under this notice?
The Secretary is exercising the authority under 8 CFR 214.2(f)(9)
to temporarily suspend the applicability of certain requirements
governing on-campus and off-campus employment for F-1 nonimmigrant
students whose country of citizenship is Yemen, regardless of country
of birth (or individuals having no nationality who last habitually
resided in Yemen), who are lawfully present in the United States in 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 crisis in Yemen. The original notice, which applied to F-1
nonimmigrant students who met certain criteria, including having been
lawfully present in the United States in F-1 nonimmigrant status on
September 4, 2021, became effective from September 4, 2021, through
March 3, 2023. See 86 FR 36288 (July 9, 2021). Effective with this
publication, suspension of the employment limitations is available
through September 3, 2024, for those who are in lawful F-1 nonimmigrant
status as of January 3, 2023. 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 September 3, 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. 14, 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 Yemen, regardless of country of birth (or an
individual having no nationality who last habitually resided in Yemen);
(2) Were lawfully present in the United States in F-1 nonimmigrant
status under section 101(a)(15)(F)(i) of the Immigration and
Nationality Act (INA), 8 U.S.C. 1101(a)(15)(F)(i), on the date of
publication of this notice;
(3) Are enrolled in an academic institution that is Student and
Exchange Visitor Program (SEVP)-certified for enrollment for F-1
nonimmigrant students;
(4) Are currently maintaining F-1 nonimmigrant status; and
(5) Are experiencing severe economic hardship as a direct result of
the crisis in Yemen.
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 Yemeni F-1 nonimmigrant
students experiencing severe economic hardship due to the ongoing armed
conflict and continued crisis in Yemen. Based on its review of country
conditions in Yemen and input received from the U.S. Department of
State, DHS is taking action to allow eligible F-1 nonimmigrant students
from Yemen to request employment authorization, work an increased
number of hours while school is in session, and reduce their course
load while continuing to maintain F-1 nonimmigrant student status.
Previously DHS took action to provide temporary relief to F-1
nonimmigrant students whose country of citizenship is Yemen, regardless
of country of birth (or individuals having no nationality who last
habitually resided in Yemen), and who experienced severe economic
hardship because of the crisis in Yemen. See 86 FR 36288 (July 9,
2021). It has enabled these F-1 nonimmigrant students to obtain
employment authorization, work an increased number of hours while
school was in session, and reduce their course load, while continuing
to maintain their F-1 nonimmigrant student status.
DHS reviewed conditions in Yemen and determined that suspending
certain employment authorization requirements for eligible nonimmigrant
students is again warranted due to the ongoing civil war and continued
crisis, which has deepened Yemen's difficult economic and humanitarian
situation. While a truce backed by the United Nations (UN) came into
effect on April 2, 2022,\2\ the truce expired on October 2, 2022,\3\
and the future of the Yemen conflict continues to be uncertain.
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\2\ Yemen truce renewed for another two months, UN News, Aug. 2,
2022, available at: <a href="https://news.un.org/en/story/2022/08/1123832">https://news.un.org/en/story/2022/08/1123832</a>
(last visited Aug. 22, 2022).
\3\ Department of State, Press Release, UN Truce Expiration in
Yemen, Oct. 3, 2022, available at: <a href="https://www.state.gov/un-truce-expiration-in-yemen/">https://www.state.gov/un-truce-expiration-in-yemen/</a> (last visited Oct. 7, 2022).
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The UN considers the situation in Yemen to be the most widespread
and dire humanitarian crisis in the world with an estimated 24.1
million people (approximately 80% of the population) needing
humanitarian assistance as a result of armed conflict in the
country.\4\ The number of those who have died as a result of the
conflict is now estimated at over 377,000 individuals.\5\ The
protracted armed conflict has resulted in high levels of food
insecurity, limited access to water and medical care,\6\ and the large-
scale destruction of Yemen's infrastructure and cultural heritage.\7\
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\4\ The United Nations in Yemen, available at: <a href="https://yemen.un.org/en/about/about-the-un">https://yemen.un.org/en/about/about-the-un</a>, (last visited Aug. 31, 2022).
\5\ Yemen war deaths will reach 377,000 by end of the year: UN,
Al-Jazeera, Nov. 23, 2021, available at: <a href="https://www.aljazeera.com/news/2021/11/23/un-yemen-recovery-possible-in-one-generation-if-war-stops-now">https://www.aljazeera.com/news/2021/11/23/un-yemen-recovery-possible-in-one-generation-if-war-stops-now</a> (last visited Aug. 31, 2022).
\6\ Yemen's Tragedy: War, Stalemate, and Suffering, Council on
Foreign Relations, Aug. 22, 2022, available at: <a href="https://www.cfr.org/backgrounder/yemen-crisis">https://www.cfr.org/backgrounder/yemen-crisis</a> (last visited Aug. 31, 2022).
\7\ Heritage at Risk in Yemen, UNESCO, available at: <a href="https://en.unesco.org/galleries/heritage-risk-yemen">https://en.unesco.org/galleries/heritage-risk-yemen</a> (last visited Aug. 31,
2022).
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The United Nations High Commissioner for Refugees (UNHCR) has
recorded 73,077 Yemeni refugees and asylum-seekers in neighboring
countries.\8\ Over 4 million people have been internally displaced
within Yemen, 286,000 of those in 2021 alone.\9\ The situation of
internally displaced persons (IDPs) did not improve despite the truce.
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\8\ Refugee Data Finder, The UN Refugee Agency, UNHCR, available
at: <a href="https://www.unhcr.org/refugee-statistics/download/?url=Gb4fe1">https://www.unhcr.org/refugee-statistics/download/?url=Gb4fe1</a>
(last visited Sept. 1, 2022).
\9\ Yemen Fact Sheet, UNHCR, June, 2022, available at: <a href="https://reporting.unhcr.org/document/3030">https://reporting.unhcr.org/document/3030</a> (last visited Sept. 1, 2022).
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The conflict in Yemen has directly affected the physical security
of the civilian population throughout the country.\10\ Active conflict
has put civilians at significant risk of harm--both directly from the
protracted armed conflict and from conflict-related
[[Page 90]]
externalities.\11\ Despite the truce, Explosive Remnants of War, which
consist of Unexploded Ordinances, Improvised Explosive Devices and
landmines, remain a threat to civilians in Yemen.\12\ Terrorist
organizations operating inside of Yemen also pose a danger to
civilians.\13\
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\10\ World Report--Yemen, Human Rights Watch World Report,
available at: <a href="https://www.hrw.org/world-report/2022/country-chapters/yemen?gclid=EAIaIQobChMIo86n6cvx-QIVL3FvBB3bpQduEAAYASAAEgI9C_D_BwE">https://www.hrw.org/world-report/2022/country-chapters/yemen?gclid=EAIaIQobChMIo86n6cvx-QIVL3FvBB3bpQduEAAYASAAEgI9C_D_BwE</a> (last visited Aug. 31, 2022).
\11\ World Report--Yemen, Human Rights Watch World Report,
available at: <a href="https://www.hrw.org/world-report/2022/country-chapters/yemen?gclid=EAIaIQobChMIo86n6cvx-QIVL3FvBB3bpQduEAAYASAAEgI9C_D_BwE">https://www.hrw.org/world-report/2022/country-chapters/yemen?gclid=EAIaIQobChMIo86n6cvx-QIVL3FvBB3bpQduEAAYASAAEgI9C_D_BwE</a> (last visited Aug. 31, 2022).
\12\ Yemen: Explosive remnants of war the biggest killer of
children since truce began, Save the Children, June 30, 2022,
available at: <a href="https://www.savethechildren.net/news/yemen-explosive-remnants-war-biggest-killed-children-truce-began">https://www.savethechildren.net/news/yemen-explosive-remnants-war-biggest-killed-children-truce-began</a> (last visited Aug.
31, 2022).
\13\ World Report--Yemen, Human Rights Watch World Report,
available at: <a href="https://www.hrw.org/world-report/2022/country-chapters/yemen?gclid=EAIaIQobChMIo86n6cvx-QIVL3FvBB3bpQduEAAYASAAEgI9C_D_BwE">https://www.hrw.org/world-report/2022/country-chapters/yemen?gclid=EAIaIQobChMIo86n6cvx-QIVL3FvBB3bpQduEAAYASAAEgI9C_D_BwE</a> (last visited Aug. 31, 2022).
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Currently in Yemen, 19.7 million people lack access to basic health
services.\14\ Only 51 percent of the health facilities in Yemen are
fully functioning and of those, most lack operational specialists,
equipment, and basic medicines.\15\ These gaps impact services for the
most vulnerable, especially women and children.'' \16\ The World Food
Program (WFP) estimates that 17.4 million Yemenis (or more than 50
percent of the population) are food insecure, including 7.3 million
needing emergency assistance.\17\ The International Committee of the
Red Cross (ICRC) estimates that 17.8 million people in Yemen
(approximately 56% of the population) do not currently have access to
clean water and sanitation.\18\ The condition of Yemen's water supply
also had a direct impact on major health outbreaks, like the cholera
outbreak of 2016,\19\ since cholera is an infectious disease that is
caused by drinking unclean or unsanitary water or food.\20\ Though
there has been a significant decrease in the number of Acute Watery
Diarrhea/suspected cholera cases in 2022 compared with the same period
of 2021,\21\ the cholera outbreak in Yemen was considered to be one of
the worst outbreaks of the disease in modern times and affected all
other major health crises including COVID-19, and widespread
malnutrition.\22\
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\14\ Yemen Health Factsheet, USAID, Apr. 25, 2022, available at:
<a href="https://www.usaid.gov/yemen/fact-sheets/health-fact-sheet">https://www.usaid.gov/yemen/fact-sheets/health-fact-sheet</a> (last
visited Oct. 21, 2022).
\15\ Yemen Health Factsheet, USAID, Apr. 25, 2022, available at:
https://www.usaid.gov/yemen/fact-sheets/health-
factsheet#:~:text=In%20Yemen%2C%2019.7%20million%20people,vulnerable%
2C%20especially%20women%20and%20children. (last visited Aug. 31,
2022).
\16\ Yemen Health Factsheet, USAID, Apr. 25, 2022, available at:
https://www.usaid.gov/yemen/fact-sheets/health-
factsheet#:~:text=In%20Yemen%2C%2019.7%20million%20people,vulnerable%
2C%20especially%20women%20and%20children. (last visited Aug. 31,
2022).
\17\ Yemen--World Food Programme, June 2022, available at:
<a href="https://docs.wfp.org/api/documents/WFP-0000141295/download/">https://docs.wfp.org/api/documents/WFP-0000141295/download/</a> (last
visited Sept. 2, 2022).
Brutal War on Yemen: Dire Hunger Crisis Teetering on the Edge of
Catastrophe, IPS, Mar. 18, 2022, available at: <a href="https://www.ipsnews.net/2022/03/brutal-war-yemen-dire-hunger-crisis-teetering-edge-catastrophe/?utm_source=rss&utm_medium=rss&utm_campaign=brutal-war-yemen-dire-hunger-crisis-teetering-edge-catastrophe">https://www.ipsnews.net/2022/03/brutal-war-yemen-dire-hunger-crisis-teetering-edge-catastrophe/?utm_source=rss&utm_medium=rss&utm_campaign=brutal-war-yemen-dire-hunger-crisis-teetering-edge-catastrophe</a> (last visited Sept. 2,
2022).
\18\ The Water Situation in Yemen, ICRC, June 5, 2002, available
at: <a href="https://www.icrc.org/en/document/water-situation-yemen">https://www.icrc.org/en/document/water-situation-yemen</a> (last
visited Sept. 1, 2022).
Yemen-Complex Emergency, USAID, Fact Sheet #10, Fiscal Year
2022, Aug. 12, 2022, available at: <a href="https://www.usaid.gov/sites/default/files/documents/2022-08-12_USG_Yemen_Complex_Emergency_Fact_Sheet_10.pdf">https://www.usaid.gov/sites/default/files/documents/2022-08-12_USG_Yemen_Complex_Emergency_Fact_Sheet_10.pdf</a> (last visited Sept.
1, 2022).
\19\ Yemen's cholera outbreak now the worst in history as
millionth case looms, The Guardian, Oct, 12, 2017, available at:
<a href="https://www.theguardian.com/global-development/2017/oct/12/yemen-cholera-outbreak-worst-in-history-1-million-cases-by-end-of-year">https://www.theguardian.com/global-development/2017/oct/12/yemen-cholera-outbreak-worst-in-history-1-million-cases-by-end-of-year</a>
(last visited Sept. 6, 2022).
\20\ Yemen, Water, Sanitation, Hygiene, UNICEF, available at:
<a href="https://www.unicef.org/yemen/water-sanitation-and-hygiene">https://www.unicef.org/yemen/water-sanitation-and-hygiene</a> (last
visited Oct. 21, 2022). See also World Health Organization, Cholera,
Mar. 30, 2022, available at: <a href="https://www.who.int/news-room/fact-sheets/detail/cholera">https://www.who.int/news-room/fact-sheets/detail/cholera</a> (last visited Oct. 21, 2022).
\21\ Yemen: Cholera Outbreak--Oct 2016, UNICEF, 16 Mar 2022,
available at: <a href="https://reliefweb.int/disaster/ep-2016-000107-yem">https://reliefweb.int/disaster/ep-2016-000107-yem</a>
(last visited Nov. 17, 2022).
\22\ Agencies fear hidden cholera deaths in Yemen as Covid-19
overwhelms clinics, The Guardian, July 28, 2020, available at:
<a href="https://www.theguardian.com/global-development/2020/jul/28/agencies-fear-hidden-cholera-deaths-in-yemen-as-covid-19-overwhelms-clinics">https://www.theguardian.com/global-development/2020/jul/28/agencies-fear-hidden-cholera-deaths-in-yemen-as-covid-19-overwhelms-clinics</a>
(last visited Sept. 1, 2022).
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The conflict continues to damage civilian infrastructure including
houses, hospitals, agricultural infrastructure, energy infrastructure,
roads, bridges and water systems.\23\ Yemen is highly dependent on
food, fuel, and medicine imports.\24\ Despite the truce, the World Bank
reported that in Yemen as of April 14, 2022 ``[e]conomic conditions
continue to deteriorate, and the acute humanitarian crisis persists.''
\25\ Further, the conflict in Ukraine has negatively impacted the
ability of Yemenis to import foodstuffs.\26\
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\23\ Saudi-led attacks devastated Yemen's civilian
infrastructure, dramatically worsening the humanitarian crisis, The
Washington Post, Feb. 22, 2021, available at: <a href="https://www.washingtonpost.com/politics/2021/02/22/saudi-led-attacks-devastated-yemens-civilian-infrastructure-dramatically-worsening-humanitarian-crisis/">https://www.washingtonpost.com/politics/2021/02/22/saudi-led-attacks-devastated-yemens-civilian-infrastructure-dramatically-worsening-humanitarian-crisis/</a> (last visited Sept. 6, 2022).
\24\ Yemen: Civil War and Regional Intervention, Congressional
Research Service, Sept. 17, 2019, available at: <a href="https://fas.org/sgp/crs/mideast/R43960.pdf">https://fas.org/sgp/crs/mideast/R43960.pdf</a> (last visited Sept. 6, 2022).
\25\ Republic of Yemen, World Bank Economic Update, Apr. 14,
2022, available at: <a href="https://thedocs.worldbank.org/en/doc/de816119d04a4e82a9c380bfd02dbc3a-0280012022/original/mpo-sm22-yemen-yem-kcm.pdf">https://thedocs.worldbank.org/en/doc/de816119d04a4e82a9c380bfd02dbc3a-0280012022/original/mpo-sm22-yemen-yem-kcm.pdf</a> (last visited Sept. 1, 2022).
\26\ Republic of Yemen, World Bank Economic Update, Apr. 14,
2022, available at: <a href="https://thedocs.worldbank.org/en/doc/de816119d04a4e82a9c380bfd02dbc3a-0280012022/original/mpo-sm22-yemen-yem-kcm.pdf">https://thedocs.worldbank.org/en/doc/de816119d04a4e82a9c380bfd02dbc3a-0280012022/original/mpo-sm22-yemen-yem-kcm.pdf</a> (last visited Sept. 1, 2022).
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As of December 20, 2022, approximately 325 F-1 nonimmigrant
students from Yemen are enrolled at SEVP-certified academic
institutions in the United States. Given the extent of the crisis in
Yemen, affected students whose primary means of financial support comes
from Yemen may need to be exempt from the normal student employment
requirements to continue their studies in the United States. The
ongoing crisis has made it unfeasible for many students to safely
return to Yemen 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.\27\ See 8 CFR 214.2(f)(6)(i)(G).
[[Page 91]]
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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\27\ 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. 14, 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 Yemeni citizen,
regardless of country of birth (or an individual having no nationality
who last habitually resided in Yemen), 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] through [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].\28\
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\28\ Because the suspension of requirements under this notice
applies throughout an academic term during which the suspension is
in effect, DHS considers an F-1 nonimmigrant student who engages in
a reduced course load or employment (or both) after this notice is
effective to be engaging in a ``full course of study,'' see 8 CFR
214.2(f)(6), and eligible for employment authorization, through the
end of any academic term for which such student is matriculated as
of September 3, 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 their ``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'' \29\ 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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\29\ 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 Yemen regardless of country of birth (or an
individual having no nationality who last habitually resided in Yemen);
(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 crisis in Yemen.
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 crisis in Yemen).
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 Yemen 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 Yemen 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
[[Page 92]]
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] through [DSO must insert the student's program end
date or the end date of this notice, whichever date comes
first].\30\
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\30\ 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 September 3, 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 crisis in
Yemen. 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'' \31\ 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.\32\
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\31\ See 8 CFR 214.2(f)(6).
\32\ 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'' \33\ 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.\34\
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\33\ See 8 CFR 214.2(f)(6).
\34\ Minimum course load requirement for enrollment in a school
must be established in a publicly available document (e.g., catalog,
website, or operating procedure), and it must be a standard
applicable to all students (U.S. citizens and foreign students)
enrolled at the school.
---------------------------------------------------------------------------
How may an eligible F-1 nonimmigrant student obtain employment
authorization for off-campus employment with a reduced course load
under this notice?
An F-1 nonimmigrant student must file a Form I-765, Application for
Employment Authorization, with USCIS to apply for off-campus employment
authorization based on severe economic hardship directly resulting from
the crisis in Yemen.\35\ Filing instructions are located at <a href="https://www.uscis.gov/i-765">https://www.uscis.gov/i-765</a>.
---------------------------------------------------------------------------
\35\ See 8 CFR 274a.12(c)(3)(iii).
---------------------------------------------------------------------------
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 crisis in Yemen.
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
[[Page 93]]
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 through [DSO must insert the program end date or the
end date of this notice, whichever date comes first].\36\
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\36\ Because the suspension of requirements under this notice
applies throughout an academic term during which the suspension is
in effect, DHS considers an F-1 nonimmigrant student who engages in
a reduced course load or employment (or both) after this notice is
effective to be engaging in a ``full course of study,'' see 8 CFR
214.2(f)(6), and eligible for employment authorization, through the
end of any academic term for which such student is matriculated as
of September 3, 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'' \37\ at the time of the request
for employment authorization;
---------------------------------------------------------------------------
\37\ See 8 CFR 214.2(f)(6).
---------------------------------------------------------------------------
(b) The F-1 nonimmigrant student is a citizen of Yemen, regardless
of country of birth (or an individual having no nationality who last
habitually resided in Yemen), and is experiencing severe economic
hardship as a direct result of the crisis in Yemen, 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; \38\ and
---------------------------------------------------------------------------
\38\ 8 CFR 214.2(f)(5)(v).
---------------------------------------------------------------------------
(d) The off-campus employment is necessary to alleviate severe
economic hardship to the individual as a direct result of the crisis in
Yemen.
Processing. To facilitate prompt adjudication of the student's
application for off-campus employment authorization under 8 CFR
214.2(f)(9)(ii)(C), the F-1 nonimmigrant student should do both of the
following:
(a) Ensure that the application package includes all of the
following documents:
(1) A completed Form I-765;
(2) The required fee or properly documented fee waiver request as
defined in 8 CFR 103.7(c); and
(3) A signed and dated copy of the student's Form I-20 with the
appropriate DSO recommendation, as previously described in this notice;
and
(b) Send the application in an envelope which is clearly marked on
the front of the envelope, bottom right-hand side, with the phrase
``SPECIAL STUDENT RELIEF.'' \39\ Failure to include this notation may
result in significant processing delays.
---------------------------------------------------------------------------
\39\ 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.
---------------------------------------------------------------------------
If USCIS approves the student's Form I-765, USCIS will send the
student an 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 re-register or apply for TPS and for
benefits under this notice at the same time?
Yes. An F-1 nonimmigrant student who must re-register, or one that
has not yet applied for TPS or for other relief that reduces the
student's course load per term and permits an increased number of work
hours per week, such as Special Student Relief,\40\ under this notice
has two options.
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\40\ 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. 14, 2022).
---------------------------------------------------------------------------
Under the first option, the nonimmigrant student may re-register or
apply for TPS according to the instructions in the USCIS notice
designating Yemen for TPS elsewhere in this issue of the Federal
Register. All TPS applicants must file a Form I-821, Application for
Temporary Protected Status, with the appropriate fee (or request a fee
waiver). Although not required to do so, if F-1 nonimmigrant students
want to obtain a new EAD based on their TPS application that is valid
through September 3, 2024, and to be eligible for automatic EAD
extensions that may be available to certain EADs with an A-12 or C-19
category code, they may need to file Form I-765 and pay the Form I-765
fee (or request a fee waiver). A Yemen TPS-related EAD can also be
automatically extended for up to 540 days \41\ 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 Yemen for TPS. After receiving the TPS-
related EAD, an F-1 nonimmigrant student may request that their DSO
make the required entry in SEVIS, issue an updated Form I-20, as
described in this notice, and notate that the nonimmigrant student has
been authorized to carry a reduced course load and is working pursuant
to a TPS-related EAD. So long as the nonimmigrant student maintains the
minimum course load described in this notice, does not otherwise
violate their nonimmigrant status, including as provided under 8 CFR
214.1(g), and maintains TPS, then the student maintains F-1 status and
TPS concurrently.
---------------------------------------------------------------------------
\41\ 8 CFR 274a.13(d)(5).
---------------------------------------------------------------------------
Under the second option, the nonimmigrant student may apply for an
EAD under Special Student Relief by filing Form I-765 at 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 Yemen 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-related 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 Special Student Relief EADs. 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.
[[Page 94]]
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'' \42\ 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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\42\ See 8 CFR 214.2(f)(6).
---------------------------------------------------------------------------
How does a student who has received a TPS-related EAD then apply for
authorization to take a reduced course load under this notice?
There is no further application process with USCIS if a student has
been approved for a TPS-related EAD. The F-1 nonimmigrant student must
demonstrate and provide documentation to the DSO of the direct economic
hardship resulting from the crisis in Yemen. 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 through September 3, 2024,\43\
to eligible F-1 nonimmigrant students. DHS will continue to monitor the
situation in Yemen. 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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\43\ Because the suspension of requirements under this notice
applies throughout an academic term during which the suspension is
in effect, DHS considers an F-1 nonimmigrant student who engages in
a reduced course load or employment (or both) after this notice is
effective to be engaging in a ``full course of study,'' see 8 CFR
214.2(f)(6), and eligible for employment authorization, through the
end of any academic term for which such student is matriculated as
of September 3, 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. 14,
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 crisis
in Yemen 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. 2022-28293 Filed 12-30-22; 8:45 am]
BILLING CODE 9111-28-P
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</html>Indexed from Federal Register on January 3, 2023.
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.