Notice2023-17871
Employment Authorization for Sudanese F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of the Current Crisis in Sudan
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 21, 2023
Effective
October 20, 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 Sudan, regardless of country of birth (or individuals having no nationality who last habitually resided in Sudan), and who are experiencing severe economic hardship as a direct result of the current crisis in Sudan. The Secretary is taking action to provide relief to these Sudanese students who are in lawful F-1 nonimmigrant student status, so the students may request employment authorization, work an increased number of hours while school is in session, and reduce their course load while continuing to maintain their F-1 nonimmigrant student status. The U.S. Department of Homeland Security (DHS) will deem an F-1 nonimmigrant student 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
<html>
<head>
<title>Federal Register, Volume 88 Issue 160 (Monday, August 21, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 160 (Monday, August 21, 2023)]
[Notices]
[Pages 56857-56864]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-17871]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Immigration and Customs Enforcement
[Docket No. ICEB-2023-0004]
RIN 1653-ZA39
Employment Authorization for Sudanese F-1 Nonimmigrant Students
Experiencing Severe Economic Hardship as a Direct Result of the Current
Crisis in Sudan
AGENCY: U.S. Immigration and Customs Enforcement; Department of
Homeland Security.
ACTION: Notice.
-----------------------------------------------------------------------
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 Sudan, regardless
of country of birth (or individuals having no nationality who last
habitually resided in Sudan), and who are experiencing severe economic
hardship as a direct result of the current crisis in Sudan. The
Secretary is taking action to provide relief to these Sudanese students
who are in lawful F-1 nonimmigrant student status, so the students may
request employment authorization, work an increased number of hours
while school is in session, and reduce their course load while
continuing to maintain their F-1 nonimmigrant student status. The U.S.
Department of Homeland Security (DHS) will deem an F-1 nonimmigrant
student granted employment authorization by means of this notice to
[[Page 56858]]
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 action is effective October 20, 2023, through April 19,
2025.
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#96e5f3e0e6d6fff5f3b8f2fee5b8f1f9e0"><span class="__cf_email__" data-cfemail="1467716264547d77713a707c673a737b62">[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 Sudan regardless of country of birth (or
individuals having no nationality who last habitually resided in
Sudan), 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 Sudan. The original notice, which suspended certain
regulatory requirements for F-1 nonimmigrant students experiencing
severe economic hardship as a direct result of the crisis at that time
is effective from April 19, 2022, through October 19, 2023. See 87 FR
23195 (Apr. 19, 2022). Effective with this publication, suspension of
the employment limitations is available through April 19, 2025, 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).
---------------------------------------------------------------------------
\1\ Because the suspension of requirements under this notice
applies throughout an academic term during which the suspension is
in effect, DHS considers an F-1 nonimmigrant student who engages in
a reduced course load or employment (or both) after this notice is
effective to be engaging in a ``full course of study,'' see 8 CFR
214.2(f)(6), and eligible for employment authorization, through the
end of any academic term for which such student is matriculated as
of April 19, 2025, provided the student satisfies the minimum course
load requirements in this notice.
---------------------------------------------------------------------------
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 Sudan regardless of country of birth (or an
individual having no nationality who last habitually resided in Sudan);
(2) Were lawfully present in the United States on the date of
publication of this notice 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);
(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 current crisis in Sudan.
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 Sudanese F-1 nonimmigrant
students experiencing severe economic hardship due to the current
crisis in Sudan. Based on its review of country conditions in Sudan and
input received from the U.S. Department of State (DOS), DHS is taking
action to allow eligible F-1 nonimmigrant students from Sudan 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.
In August 2019, a transitional government,\2\ known as the
Sovereign Council, comprised of military and civilian members, was
established in Sudan.\3\ General Abdel Fatah al-Burhan, a top military
figure in the Sudanese Armed Forces (SAF) led the council.\4\ General
Mohammed Hamdan Dagalo, also known as Hemedti, head of the Rapid
Support Forces (RSF),\5\ served as the deputy to General al-Burhan.\6\
On August 20, 2021, Dr. Abdalla Hamdok was sworn in as the prime
minister of Sudan.\7\ However, on October 25, 2021, Sudan faced a
military takeover of the transitional government led by General al-
Burhan with the support of General Hemedti.\8\ Prime Minister Hamdok
was removed from power and taken to an undisclosed location. In
December 2021, General al-Burhan ``issued an edict giving authorities
sweeping powers to clamp down on dissent, including granting security
officers immunity from prosecution in carrying out these orders.'' \9\
Prime Minister Hamdock was eventually freed and officially resigned as
the Sudanese prime minister on January 2, 2022.\10\
---------------------------------------------------------------------------
\2\ The Sovereign Council removed Sudan's former President Omar
al-Bashir, after 30 years in power. After Bashir, A New Dawn in
Sudan? U.S. Institute of Peace, April 17, 2019, available at <a href="https://www.usip.org/publications/2019/04/after-bashir-new-dawn-sudan-part-1">https://www.usip.org/publications/2019/04/after-bashir-new-dawn-sudan-part-1</a> (last visited on Apr. 17, 2023).
\3 \ 2020 Country Reports on Human Rights Practices: Sudan, DOS,
March 30, 2020, available at <a href="https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/sudan/">https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/sudan/</a> (last visited on
Apr. 17, 2023).
\4\ Id.
\5 \ Rapid Support Forces (RSF) is a paramilitary force
established in 2013 by former President al-Bashir. It was
``fashioned out of Janjaweed militias and was assembled in response
to anti-government rebel movements in Darfur.'' ``It has also been
accused of a myriad of human rights abuses in Darfur and
elsewhere.'' The Rapid Support Forces and the Escalation of Violence
in Sudan, ACLED, July 2019, <a href="http://acleddata.com/2019/07/02/the-rapid-support-forces-and-the-escalation-of-violence-in-sudan/">acleddata.com/2019/07/02/the-rapid-support-forces-and-the-escalation-of-violence-in-sudan/</a> (last
visited May 10, 2023).
\6 \ Sudan strongman is seen as an insider with powerful allies,
AP News, October 27, 2021, available at <a href="https://apnews.com/article/sudan-who-is-abdel-fattah-burhan-3f2d4d660fabf1b526f09f04808af7c8">https://apnews.com/article/sudan-who-is-abdel-fattah-burhan-3f2d4d660fabf1b526f09f04808af7c8</a>
(last visited on Apr. 17, 2023).
\7 \ 2019 Country Reports on Human Rights Practices: Sudan, U.S.
Department of State, March 30, 2020, available at <a href="https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/sudan/">https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/sudan/</a> (last visited Apr. 17, 2023).
\8 \ Appetite for Destruction: The Military Counterrevolution in
Sudan, ACLED, October 29, 2021, available at <a href="https://acleddata.com/2021/10/29/appetite-for-destruction-the-military-counter-revolution-in-sudan/">https://acleddata.com/2021/10/29/appetite-for-destruction-the-military-counter-revolution-in-sudan/</a> (last visited July 25, 2023).
\9 \ Watch List 2022; Sudan: Toward a Reset for the Transition,
International Crisis Group, Jan. 27, 2022, available at <a href="https://www.ecoi.net/en/document/2069005.html">https://www.ecoi.net/en/document/2069005.html</a> (last visited Mar. 29, 2023).
\10 \ Sudan coup: Prime Minister Abdalla Hamdok resigns after
mass protests, BBC News, 3 Jan. 2022, available at <a href="https://www.bbc.com/news/world-africa-59855246">https://www.bbc.com/news/world-africa-59855246</a> (last visited May 10, 2022).
---------------------------------------------------------------------------
In February 2023, the United Nations (UN) Panel of Experts on Sudan
reported that Sudan continued to face a political crisis at the
national level, with regular demonstrations against the rule of the
military.\11\ It further reported that a path to a transition towards a
fully
[[Page 56859]]
civilian government remained unclear.\12\ Moreover, the UN Security
Council reported, in September 2022, that the lack of a political
agreement and a fully functioning government contributed to insecurity
in various parts of Sudan, as well as to the deterioration of the
economic and humanitarian situation.\13\
---------------------------------------------------------------------------
\11\ Letter dated 7 February 2023 from the Panel of Experts on
the Sudan addressed to the President of the Security Council; Final
report of the Panel of Experts on the Sudan, UN Security Council,
February 7, 2023, available at <a href="https://www.ecoi.net/en/file/local/2087153/N2303752.pdf">https://www.ecoi.net/en/file/local/2087153/N2303752.pdf</a> (last visited Mar. 29, 2023).
\12\ Id.
\13\ Situation in Sudan and the activities of the UNITAMS, UN
Security Council, September 2, 2022, available at <a href="https://www.ecoi.net/en/file/local/2078615/N2258000-1.pdf">https://www.ecoi.net/en/file/local/2078615/N2258000-1.pdf</a> (last visited Mar.
29, 2023).
---------------------------------------------------------------------------
In April 2023, tensions between General Burhan and General Hemedti
led to armed conflict between the Sudanese Armed Forces (SAF) and the
RSF.\14\ The conflict was caused by a disagreement over how the RSF
would be integrated into the SAF.\15\ On April 16, 2023, the UN Office
for the Coordination of Humanitarian Affairs (UNOCHA) further reported
on security conditions in the country stating that clashes between the
SAF and the RSF erupted in Khartoum just before 9:00 a.m. on April 15,
2023. Additionally, heavy gunfire and explosions were heard from
several locations in Khartoum. The RSF released a statement claiming to
have taken control of Khartoum International Airport, the Presidential
Palace, state television, and other key locations in the city. News of
clashes at the military base in Merowe in Northern State and heavy
exchanges of fire at the Soba military base in the south of Khartoum
were also reported around the same time. Shortly after, heavy fighting
was heard at the airport and the Sudanese Air Force attacked RSF
positions from the air. Several civilian planes were reportedly
damaged, and unconfirmed reports have indicated that the damaged
aircraft includes the only UN Humanitarian Air Service (UNHAS) fixed-
wing plane still in service following a recent funding shortage.\16\
The United States Agency for International Development (USAID) reports
that at least 3,900 people have been killed since the conflict began,
although the true toll is likely much higher.\17\
---------------------------------------------------------------------------
\14\ ``In January 2015, the RSF, which had been operating under
the command of the National Intelligence Security Services, became
part of the regular government forces through a constitutional
amendment. In April 2015, the RSF were placed under the command of
the Presidency. In January 2017, the Parliament passed the Rapid
Support Forces Act, integrating those forces into the Sudan Armed
Forces.'' Report of the Secretary-General on children and armed
conflict in Sudan, UN Security Council, March 6, 2017, available at
<a href="http://www.un.org/ga/search/view_doc.asp?symbol=S/2017/191&referer=/english/&Lang=E">http://www.un.org/ga/search/view_doc.asp?symbol=S/2017/191&referer=/english/&Lang=E</a> (last visited Apr. 17, 2023).
\15\ Dozens of civilians are dead as rival military factions
batter for control of Sudan, National Public Radio, April 17, 2023,
available at <a href="https://www.npr.org/2023/04/16/1170289462/sudans-army-and-rsf-are-doing-battle-leaving-56-civilians-dead">https://www.npr.org/2023/04/16/1170289462/sudans-army-and-rsf-are-doing-battle-leaving-56-civilians-dead</a> (last visited
Apr. 17, 2023).
\16\ Sudan Situation Report, UNOCHA, April 17, 2023, available
at <a href="https://reliefweb.int/report/sudan/sudan-clashes-between-sudanese-armed-forces-and-rapid-support-forces-flash-update-16-april-2023-enar">https://reliefweb.int/report/sudan/sudan-clashes-between-sudanese-armed-forces-and-rapid-support-forces-flash-update-16-april-2023-enar</a> (last visited July 25, 2023).
\17\ Sudan--Complex Emergency Fact Sheet #15, Fiscal Year (FY)
2023, USAID, available at <a href="https://reliefweb.int/report/sudan/sudan-complex-emergency-fact-sheet-15-fiscal-year-fy-2023">https://reliefweb.int/report/sudan/sudan-complex-emergency-fact-sheet-15-fiscal-year-fy-2023</a> (last visited
August 4, 2023).
---------------------------------------------------------------------------
Economic Situation
Sudan's political stalemate has negatively impacted its
economy.\18\ In 2022, Sudan's government devalued its currency, causing
the inflation rate to surpass 300 percent.\19\ In 2022, Sudan's economy
remained highly dependent on agriculture, which contributes to nearly a
third of the country's gross domestic product (GDP), and provides
livelihoods to approximately two-thirds of Sudan's population.\20\
However, the rising prices of fuel, agricultural tools, and fertilizer
has impeded local production costs further eroding the already limited
purchasing power of the majority of the population.\21\
---------------------------------------------------------------------------
\18\ Sudan: Overview Complex Crisis, Assessments Capacities
Project (ACAPS) April 13, 2022, available at <a href="https://www.acaps.org/country/sudan/crisis/violence-in-darfur-and-kordofan-regions">https://www.acaps.org/country/sudan/crisis/violence-in-darfur-and-kordofan-regions</a> (last
visited Apr. 11, 2023).
\19\ Id.
\20\ Humanitarian Needs Overview Sudan 2023, UNOCHA, November 2,
2022, available at file:///C:/Users/RMoehri/AppData/Local/Temp/1/
MicrosoftEdgeDownloads/1437637c-ce66-4ebe-9716-e86db118cf30/
SDN_2023-HNO.pdf (last visited July 26, 2023).
\21\ Id.
---------------------------------------------------------------------------
Moreover, continued insecurity, inter-communal violence and rising
floods led to price hikes of basic services in Sudan.\22\ Continued
increases in the prices of food and transportation, and the local food
basket are expected to continue impacting the purchasing power of poor
households and likely drive an increase in the inflation rate. The Food
and Agriculture Organization (FAO) estimate that 5.6 million people are
affected by the dry spells in addition to the 9.8 million people that
are food insecure due to the current economic crisis, as well as fuel
and price hikes.\23\ In April 2023, the Famine Early Warning System
Network, reported that ``Sudan's economic conditions remain poor, as
low foreign currency reserves and currency depreciation resulted in
high inflation rates.'' \24\
---------------------------------------------------------------------------
\22\ Sudan: Overview Complex Crisis, ACAPS April 13, 2022,
available at <a href="https://www.acaps.org/fileadmin/Data_Product/Main_media/20220324_acaps_global_risk_report_march_2022.pdf">https://www.acaps.org/fileadmin/Data_Product/Main_media/20220324_acaps_global_risk_report_march_2022.pdf</a> (last
visited July 25, 2023).
\23\ Sudan: Situation Report, UNOCHA, available at file://
one.dhs/wpaas-ice/ten3-homedir/RMOEHRI/Downloads/
Situation%20Report%20-%20Sudan%20-%2027%20Mar%202022.pdf (last
visited July 25, 2023).
\24\ Sudan Key Message Update: Exceedingly high cost of living
and conflict undermine benefits of harvest, March 2023, Famine Early
Warning System Network, April 6, 2023, available at <a href="https://reliefweb.int/report/sudan/sudan-key-message-update-exceedingly-high-cost-living-and-conflict-undermine-benefits-harvest-march-2023">https://reliefweb.int/report/sudan/sudan-key-message-update-exceedingly-high-cost-living-and-conflict-undermine-benefits-harvest-march-2023</a>
(last visited May 17, 2023).
---------------------------------------------------------------------------
Numbers at a Glance
<bullet> Number of People in Need: 24,700,000 (since December 14,
2022, as of May 17, 2023) \25\
---------------------------------------------------------------------------
\25\ Sudan Key Figures, UNOCHA, available at <a href="https://m.reliefweb.int/country/220/sdn?figures-display=all">https://m.reliefweb.int/country/220/sdn?figures-display=all</a> (last visited
Apr. 17, 2023).
---------------------------------------------------------------------------
<bullet> Children in Need: 8,500,000 (since December 14, 2021, as
of December 5, 2022) \26\
---------------------------------------------------------------------------
\26\ Id.
---------------------------------------------------------------------------
<bullet> People Internally Displaced: 2,613,036(since July 11,
2023, as of July 18, 2023) \27\
---------------------------------------------------------------------------
\27\ Id.
---------------------------------------------------------------------------
<bullet> People Affected by Floods: 348,724 \28\
---------------------------------------------------------------------------
\28\ Sudan: Floods: People & areas affected, UNOCHA, October 2,
2022, available at <a href="https://reliefweb.int/map/sudan/sudan-floods-people-areas-affected-02-october-2022">https://reliefweb.int/map/sudan/sudan-floods-people-areas-affected-02-october-2022</a> (last visited Apr. 17, 2023).
---------------------------------------------------------------------------
<bullet> People in Food Crisis/Emergency: 11,700,000 (since April
30, 2022, as of June 21, 2022) \29\
---------------------------------------------------------------------------
\29\ Sudan Key Figures, UNOCHA, available at <a href="https://m.reliefweb.int/country/220/sdn?figures-display=all">https://m.reliefweb.int/country/220/sdn?figures-display=all</a> (last visited
Apr. 17, 2023).
---------------------------------------------------------------------------
Displacement
As of March 2023, there were more than 3.8 million Internally
Displaced Person(s) (IDPs) in Sudan, and this figure has increased
since conflict began in April 2023.\30\ In November 2022, UNOCHA
reported that at least 2 million IDPs were under the age of 18 and had
been displaced for most of their lives, and that 52 percent of IDPs
were female.\31\
---------------------------------------------------------------------------
\30\ International Organization for Migration (IOM), DTM Sudan--
Situation Report (16), Aug 8, 2023, <a href="https://dtm.iom.int/reports/dtm-sudan-situation-report-16">https://dtm.iom.int/reports/dtm-sudan-situation-report-16</a> (last visited Aug. 9, 2023)
\31\ Humanitarian Needs Overview Sudan 2023, UNOCHA, November 2,
2022, available to download at <a href="https://reliefweb.int/report/sudan/sudan-humanitarian-needs-overview-2023-november-2022">https://reliefweb.int/report/sudan/sudan-humanitarian-needs-overview-2023-november-2022</a>?_gl=1*1a32v0y*_ga*MjA2NjI5MjkzOS4xNjkwMzcxNzYy*_ga_E60ZNX2F68*MT
Y5MDM3MTc2MS4xLjEuMTY5MDM3MTgwNS4xNi4wLjA. (last visited July 25,
2023).
---------------------------------------------------------------------------
Moreover, the living conditions for IDPs in Sudan remains dire, as
many IDPs have been displaced multiple times and have been traumatized,
physically abused, injured, or have lost family members, personal
belongings, shelters, villages and access to land, water points and
firewood collection.\32\
[[Page 56860]]
UNOCHA reported in November 2022 that the majority of IDPs continue to
reside in temporary sites and are unable to return to their homes or
previous displacement sites due to security concerns.\33\
---------------------------------------------------------------------------
\32\ Id.
\33\ Sudan Flash Update: Conflict in Blue Nile State, Flash
Update No. 07 (3 November 2023), UNOCHA, available at <a href="https://reports.unocha.org/en/country/sudan/card/1LiGbNBeVA/">https://reports.unocha.org/en/country/sudan/card/1LiGbNBeVA/</a> (last visited
July 25, 2023).
---------------------------------------------------------------------------
Forced displacement due to conflict is concentrated in Darfur's
states, which host 85 percent of Sudan's total IDP population.\34\ In
July 2022, rising inter-communal violence in the Blue Nile region
resulted in the forced displacement of some additional 12,800
people.\35\ The UN Integrated Transition Assistance Mission in Sudan
(UNITAMS) further reported that, in March 2023, local violence in
Darfur, Blue Nile, and South and West Kordofan that mainly concerned
access to and control of resources contributed to the displacement of
civilians. Over 16,000 people were displaced due to violence between
December 2022 and February 2023.\36\
---------------------------------------------------------------------------
\34\ Clashes displace thousands in Darfur, UN News, available at
<a href="https://news.un.org/en/story/2021/12/1107292">https://news.un.org/en/story/2021/12/1107292</a> (last visited July 25,
2023).
\35\ Sudan: Displacement due to conflict in Blue Nile state,
UNOCHA, available at file:///C:/Users/RMoehri/AppData/Local/Temp/5/
MicrosoftEdgeDownloads/6a6ada21-4fb3-4037-97c4-e30d13f460c6/
20220728_acaps_briefing_note_sudan_displacement_in_blue_nile_state_0%
20(1).pdf (last visited July 25, 2023).
\36\ Id.
---------------------------------------------------------------------------
Food Security
The number of food insecure people in Sudan continued to increase
in 2022.\37\ In September 2022, the UN reported that almost one quarter
of the population was estimated to be facing acute hunger.\38\ In
addition, according to ACAPS, in 2022 at least three million children
under the age of five suffered from malnutrition.\39\
---------------------------------------------------------------------------
\37\ Humanitarian Needs Overview Sudan 2023, UNOCHA, November 2,
2022, available at <a href="https://reliefweb.int/report/sudan/sudan-humanitarian-needs-overview-2023-november-2022">https://reliefweb.int/report/sudan/sudan-humanitarian-needs-overview-2023-november-2022</a> (last visited Apr. 7,
2023).
\38\ Situation in Sudan and the activities of the UNITAMS, UN
Security Council, September 2, 2022, available at <a href="https://www.ecoi.net/en/file/local/2078615/N2258000-1.pdf">https://www.ecoi.net/en/file/local/2078615/N2258000-1.pdf</a> (last visited Mar.
29, 2023).
\39\ Sudan Overview, ACAPS, January 1, 2023, available at
<a href="https://www.acaps.org/fileadmin/Data_Product/Main_media/20230419_acaps_briefing_note_sudan_conflict.pdf">https://www.acaps.org/fileadmin/Data_Product/Main_media/20230419_acaps_briefing_note_sudan_conflict.pdf</a> (last visited July
25, 2023).
---------------------------------------------------------------------------
Vulnerable Populations
Members of vulnerable groups, including women and children,
continue to face a range of risks, including gender-based violence
(GBV), as well as other human rights abuses.\40\ In 2022, gender-based
violence remained a grave concern across Sudan.\41\ In February 2023,
UNITAMS reported that the UN Joint Human Rights Office continued to
receive reports of sexual violence against women from camps for IDPs
who engage in livelihood activities outside the camps.\42\ There have
also been several reports of security forces engaging in sexual
violence against women across the country, reportedly to discourage
their participation in protests and demonstrations.\43\
---------------------------------------------------------------------------
\40\ Humanitarian Needs Overview Sudan 2023, UNOCHA, November 2,
2022, available at file:///C:/Users/RMoehri/AppData/Local/Temp/5/
MicrosoftEdgeDownloads/d53a1d63-7c1f-4270-a55b-486349498546/
SDN_2023-HNO.pdf (last visited July 25, 2023).
\41\ Id.
\42\ Sudan: Humanitarian Key Messages (February 2023), UNOCHA,
February 26, 2023, <a href="https://reliefweb.int/report/sudan/sudan-humanitarian-key-messages-february-2023">https://reliefweb.int/report/sudan/sudan-humanitarian-key-messages-february-2023</a> (last visited on July 25,
2023).
\43\ 2022 Country Reports on Human Rights Practices: Sudan, U.S.
Department of State, March 23, 2023, available at <a href="https://www.state.gov/wp-content/uploads/2023/02/415610_SUDAN-2022-HUMAN-RIGHTS-REPORT.pdf">https://www.state.gov/wp-content/uploads/2023/02/415610_SUDAN-2022-HUMAN-RIGHTS-REPORT.pdf</a> (last visited Apr. 7, 2023).
---------------------------------------------------------------------------
As of August 8, 2023, approximately 351 F-1 nonimmigrant students
from Sudan are enrolled at SEVP-certified academic institutions in the
United States. Given the extent of the current crisis in Sudan,
affected students whose primary means of financial support comes from
Sudan 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 Sudan 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. 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.
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 Sudanese citizen,
regardless of country of birth (or an individual having no nationality
who last habitually resided in Sudan), 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
[[Page 56861]]
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].\44\
---------------------------------------------------------------------------
\44\ Because the suspension of requirements under this notice
applies throughout an academic term during which the suspension is
in effect, DHS considers an F-1 nonimmigrant student who engages in
a reduced course load or employment (or both) after this notice is
effective to be engaging in a ``full course of study,'' see 8 CFR
214.2(f)(6), and eligible for employment authorization, through the
end of any academic term for which such student is matriculated as
of April 19, 2025, 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'' \45\ 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.
---------------------------------------------------------------------------
\45\ See 8 CFR 214.2(f)(6).
---------------------------------------------------------------------------
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
8CFR 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 Sudan regardless of country of birth (or an
individual having no nationality who last habitually resided in Sudan);
(2) Were lawfully present in the United States on the date of
publication of this notice in F-1 nonimmigrant status, under section
101(a)(15)(F)(i) of the INA, 8 U.S.C. 1101(a)(15)(F)(i);
(3) Are enrolled in an academic institution that is SEVP-certified
for enrollment of F-1 nonimmigrant students;
(4) Are maintaining F-1 nonimmigrant status; and
(5) Are experiencing severe economic hardship as a direct result of
the current crisis in Sudan.
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 Sudan).
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 Sudan 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
8CFR214.2(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 Sudan 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].\46\
---------------------------------------------------------------------------
\46\ Because the suspension of requirements under this notice
applies throughout an academic term during which the suspension is
in effect, DHS considers an F-1 nonimmigrant student who engages in
a reduced course load or employment (or both) after this notice is
effective to be engaging in a ``full course of study,'' see 8 CFR
214.2(f)(6), and eligible for employment authorization, through the
end of any academic term for which such student is matriculated as
of April 19, 2025, 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 Sudan. 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
[[Page 56862]]
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'' \47\ 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.\48\
---------------------------------------------------------------------------
\47 \ See 8 CFR 214.2(f)(6).
\48\ Minimum course load requirement for enrollment in a school
must be established in a publicly available document (e.g., catalog,
website, or operating procedure), and it must be a standard
applicable to all students (U.S. citizens and foreign students)
enrolled at the school.
---------------------------------------------------------------------------
Off-Campus Employment Authorization
What regulatory requirements does this notice temporarily suspend
relating to off-campus employment?
For an F-1 nonimmigrant student covered by this notice, as provided
under 8 CFR 214.2(f)(9)(ii)(A), the Secretary is suspending the
following regulatory requirements relating to off-campus employment:
(a) The requirement that a student must have been in F-1
nonimmigrant student status for one full academic year to be eligible
for off-campus employment;
(b) The requirement that an F-1 nonimmigrant student must
demonstrate that acceptance of employment will not interfere with the
student's carrying a full course of study;
(c) The requirement that limits an F-1 nonimmigrant student's
employment authorization to no more than 20 hours per week of off-
campus employment while the school is in session; and
(d) The requirement that the student demonstrate that employment
under 8 CFR 214.2(f)(9)(i) is unavailable or otherwise insufficient to
meet the needs that have arisen as a result of the unforeseen
circumstances.
Will an F-1 nonimmigrant student who receives off-campus employment
authorization under this notice have authorization to reduce the normal
course load and still maintain F-1 nonimmigrant status?
Yes. DHS will deem an F-1 nonimmigrant student who receives off-
campus employment authorization by means of this notice to be engaged
in a ``full course of study'' \49\ 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.\50\
---------------------------------------------------------------------------
\49\ See 8 CFR 214.2(f)(6).
\50\ 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 current crisis in Sudan.\51\ Filing instructions are located at
<a href="https://www.uscis.gov/i-765">https://www.uscis.gov/i-765</a>.
---------------------------------------------------------------------------
\51\ 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="https://www.uscis.gov/forms/filing-fees/additional-information-on-filing-a-fee-waiver.The">https://www.uscis.gov/forms/filing-fees/additional-information-on-filing-a-fee-waiver.The</a> 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) (Oct. 1,
2020).
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 Sudan.
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].\52\
---------------------------------------------------------------------------
\52\ Because the suspension of requirements under this notice
applies throughout an academic term during which the suspension is
in effect, DHS considers an F-1 nonimmigrant student who engages in
a reduced course load or employment (or both) after this notice is
effective to be engaging in a ``full course of study,'' see 8 CFR
214.2(f)(6), and eligible for employment authorization, through the
end of any academic term for which such student is matriculated as
of April 19, 2025, 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'' \53\ at the time of the request
for employment authorization;
---------------------------------------------------------------------------
\53\ See 8 CFR 214.2(f)(6).
---------------------------------------------------------------------------
(b) The F-1 nonimmigrant student is a citizen of Sudan, regardless
of country of birth (or an individual having no nationality who last
habitually resided in Sudan), and is experiencing severe economic
hardship as a direct result of the current crisis in Sudan, as
documented on the Form I-20;
(c) The F-1 nonimmigrant student has confirmed that the student
will comply
[[Page 56863]]
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; \54\ and
---------------------------------------------------------------------------
\54\ 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 current
crisis in Sudan.
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) (Oct. 1, 2020); 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.'' \55\ Failure to include this notation may
result in significant processing delays.
---------------------------------------------------------------------------
\55\ 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 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,\56\ under this notice has two options.
---------------------------------------------------------------------------
\56\ 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 May 10, 2023).
---------------------------------------------------------------------------
Under the first option, the F-1 nonimmigrant student may apply for
TPS according to the instructions in the USCIS notice designating Sudan
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 April 19, 2025, 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 and issue an updated Form I-20, which
notates that the nonimmigrant student has been authorized to carry a
reduced course load, as described in this notice. As 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 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 Sudan 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 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, as 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'' \57\ 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 a TPS-related EAD and
Special Student Relief employment authorization, as indicated by the
DSO's required entry in SEVIS and issuance of an updated Form I-20, 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).
---------------------------------------------------------------------------
\57\ 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 current crisis in Sudan. 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 may apply to students who worked on a TPS-
related EAD or dropped their course
[[Page 56864]]
load before publication of this notice, and therefore fell out of
student status. These students must satisfy the criteria set forth in
the F-1 nonimmigrant student status reinstatement regulations.
How long will this notice remain in effect?
This notice grants temporary relief until April 19, 2025,\58\ to
eligible F-1 nonimmigrant students. DHS will continue to monitor the
situation in Sudan. Should the special provisions authorized by this
notice need modification or extension, DHS will announce such changes
in the Federal Register.
---------------------------------------------------------------------------
\58\ Because the suspension of requirements under this notice
applies throughout an academic term during which the suspension is
in effect, DHS considers an F-1 nonimmigrant student who engages in
a reduced course load or employment (or both) after this notice is
effective to be engaging in a ``full course of study,'' see 8 CFR
214.2(f)(6), and eligible for employment authorization, through the
end of any academic term for which such student is matriculated as
of April 19, 2025, provided the student satisfies the minimum course
load requirements in this notice.
---------------------------------------------------------------------------
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 Sudan 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 under
OMB Control Number 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. 2023-17871 Filed 8-18-23; 8:45 am]
BILLING CODE 9111-28-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on August 21, 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.