Notice2023-17872
Employment Authorization for Ukrainian F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of the Current Armed Conflict in Ukraine
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 Ukraine, regardless of country of birth (or individuals having no nationality who last habitually resided in Ukraine), and who are experiencing severe economic hardship as a direct result of the current armed conflict in Ukraine. The Secretary is taking action to provide relief to these Ukrainian 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 56851-56857]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-17872]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Immigration and Customs Enforcement
[Docket No. ICEB-2023-0003]
RIN 1653-ZA40
Employment Authorization for Ukrainian F-1 Nonimmigrant Students
Experiencing Severe Economic Hardship as a Direct Result of the Current
Armed Conflict in Ukraine
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 Ukraine,
regardless of country of birth (or individuals having no nationality
who last habitually resided in Ukraine), and who are experiencing
severe economic hardship as a direct result of the current armed
conflict in Ukraine. The Secretary is taking action to provide relief
to these Ukrainian 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.
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#0774627177476e646229636f7429606871"><span class="__cf_email__" data-cfemail="b9cadccfc9f9d0dadc97ddd1ca97ded6cf">[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 56852]]
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 Ukraine regardless of country of birth (or
individuals having no nationality who last habitually resided in
Ukraine), who are present in the United States in lawful F-1
nonimmigrant student status on the date of publication of this notice,
and who are experiencing severe economic hardship as a direct result of
current armed conflict in Ukraine. The original notice, which applied
to F-1 nonimmigrant students who met certain criteria, including having
been lawfully present in the United States in F-1 nonimmigrant status
on April 19, 2022, was effective from April 19, 2022, through October
19, 2023. See 87 FR 23189 (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 Ukraine regardless of country of birth (or an
individual having no nationality who last habitually resided in
Ukraine);
(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 armed conflict in Ukraine.
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 Ukrainian F-1
nonimmigrant students experiencing severe economic hardship due to the
current armed conflict in Ukraine. Based on its review of country
conditions in Ukraine and input received from the U.S. Department of
State (DOS), DHS is taking action to allow eligible F-1 nonimmigrant
students from Ukraine 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 status.
On February 24, 2022, the Government of the Russian Federation,
launched an unprovoked full-scale invasion of Ukraine.\2\ According to
the United Nations Refugee Agency (UNHCR), the armed conflict in
Ukraine has sparked the world's largest human displacement crisis in
Europe since World War II.\3\
---------------------------------------------------------------------------
\2\ Karl Ritter and Geir Moulson, US: Russia has committed
crimes against humanity in Ukraine, The Associated Press (AP), Feb.
18, 2023, available at <a href="https://apnews.com/article/us-russia-ukraine-crimes-against-humanity-harris-cee87f06cbf3fcdf37e0bb398360c8ee">https://apnews.com/article/us-russia-ukraine-crimes-against-humanity-harris-cee87f06cbf3fcdf37e0bb398360c8ee</a>
(last viewed Apr. 17, 2023).
\3\ International Rescue Committee Watchlist 2023: The top 10
crises the world can't ignore in 2023, The International Rescue
Committee (IRC), Dec. 14, 2022, available at <a href="https://www.rescue.org/article/top-10-crises-world-cant-ignore-2023">https://www.rescue.org/article/top-10-crises-world-cant-ignore-2023</a> (last visited Mar. 31,
2023).
---------------------------------------------------------------------------
More than a year later, over 17.7 million people are in need of
assistance, and more than 6.2 million refugees, mostly women, children,
and elderly people, left Ukraine and were recorded to be residing in
cities across Europe and beyond.\4\ According to the Centre for
Research & Analysis of Migration (CReAM), over five million Ukrainians
have registered for Temporary Protection, or similar national
protection schemes, in Europe in the last year.<SUP>5 6</SUP>
---------------------------------------------------------------------------
\4\ Operational Data Portal: Ukraine Refugee Situation, UNHCR,
available at <a href="https://data2.unhcr.org/en/situations/ukraine">https://data2.unhcr.org/en/situations/ukraine</a> (last
visited August 8, 2023).
\5\ Current migration flows from Ukraine, Centre for Research &
Analysis of Migration, last updated Feb. 14, 2023, available at
<a href="https://cream-migration.org/ukraine-detail.htm?article=3573">https://cream-migration.org/ukraine-detail.htm?article=3573</a> (last
visited Apr. 11, 2023).
\6\ Ukraine Humanitarian Response--Key Achievements in 2022
Situation Report, United Nations Office for the Coordination of
Humanitarian Affairs (OCHA), last updated Feb. 10, 2023, available
at <a href="https://reports.unocha.org/en/country/ukraine/">https://reports.unocha.org/en/country/ukraine/</a> (last visited Apr.
14, 2023).
---------------------------------------------------------------------------
Economy
The current armed conflict has significantly impacted Ukraine's
economic growth and has led to massive fiscal reallocations toward
defense funding.\7\ Since the beginning of the full-scale invasion, 35
percent of Ukrainians have fled their homes. Data from the World Bank
indicates that 8 million Ukrainians now live in poverty, reversing 15
years of development gains and resulting in a 15-year setback in
poverty reduction goals.\8\ Economic disruptions, combined with heavy
internal displacement and flows of refugees, have caused unprecedented
economic loses, prompting President Zelenskyy to seek additional
economic support and aid for Ukraine.\9\
---------------------------------------------------------------------------
\7\ Matt Bernardini and Darryl Coote, U.S. announces $2.6
billion in new military aid to Ukraine, United Press International
(UPI), Apr. 4, 2023, available at https://www.upi.com/Top_News/US/
2023/04/04/Ukraine-Russia-military-aid/4281680633050/
#:~:text=April%204%20%28UPI%29%20--
%20The%20White%20House%20announced,of%20air-
defense%20systems%2C%20mortar%20systems%2C%20and%20anti-
armor%20systems (last visited Apr. 14, 2023).
\8\ The World Bank in Ukraine, The World Bank, available at
<a href="https://www.worldbank.org/en/country/ukraine/overview">https://www.worldbank.org/en/country/ukraine/overview</a> (last visited
on Apr. 14, 2023).
\9\ The Latest: War in Ukraine, Zelenskyy Asks Top Finance
Officials to Increase Economic Support for Ukraine, The New York
Times, Apr. 12, 2023, available at <a href="https://www.nytimes.com/live/2023/04/12/world/russia-ukraine-news">https://www.nytimes.com/live/2023/04/12/world/russia-ukraine-news</a> (last visited on Apr. 14,
2023).
---------------------------------------------------------------------------
According to the World Bank Group Support to Ukraine Report,
Ukraine's economy shrank by 30 percent in 2022. This is due to loss and
destruction of infrastructure, damage to agricultural land, and a
significant labor shortage.\10\ The inflation rate has increased more
than threefold, from 2.73 percent in 2020 to 9.36 percent in 2021.\11\
---------------------------------------------------------------------------
\10\ World Bank Group Support to Ukraine report, The World Bank,
available at <a href="https://thedocs.worldbank.org/en/doc/50b29fa867fbd7af6fb96ed5c3dd2513-0080012023/original/World-Bank-Group-Support-to-Ukraine.pdf">https://thedocs.worldbank.org/en/doc/50b29fa867fbd7af6fb96ed5c3dd2513-0080012023/original/World-Bank-Group-Support-to-Ukraine.pdf</a> (last visited on Apr. 14, 2023).
\11\ The World Factbook, Central Intelligence Agency (CIA), Mar.
28, 2023, available at <a href="https://www.cia.gov/the-world-factbook/countries/ukraine/#economy">https://www.cia.gov/the-world-factbook/countries/ukraine/#economy</a> (last visited Apr. 4, 2023).
---------------------------------------------------------------------------
In a report titled Analysis: 2022 Economic Results for Ukraine,
Prospects for 2023, by the Kyiv Post, the unemployment rate for Ukraine
was
[[Page 56853]]
24.5 percent at the end of December 2022, compared to an estimated 8.9
percent in 2021. The International Labour Organization (ILO) assessed
4.8 million jobs have been lost since the beginning of the full-scale
invasion, which is equivalent to 30 percent of pre-2022 employment in
Ukraine.\12\ Russia's full-scale invasion of Ukraine has resulted in a
significant negative impact on the Ukrainian economy and has further
slowed its growth and development.
---------------------------------------------------------------------------
\12\ The impact of the Ukraine crisis on the world of work:
Initial assessments, International Labour Organization (ILO), May
11, 2022, available at https://www.ilo.org/wcmsp5/groups/public/_-
europe/_-ro-geneva/documents/briefingnote/wcms_844295.pdf (last
visited Apr. 11, 2023).
---------------------------------------------------------------------------
Impact of the Conflict on Critical Infrastructure
Critical infrastructure has been negatively impacted by Russia's
full-scale invasion of Ukraine.\13\ Water systems have either been
damaged or destroyed, aggravating hardship for the local population. At
least 45 million square meters of housing, more than 1,200 educational
institutions, and 656 hospitals have been destroyed and/or damaged.
Nearly 25,000 kilometers of roads, 300 bridges, and 12 airports have
also been destroyed or damaged due to Russian air strikes.\14\
---------------------------------------------------------------------------
\13\ Ukraine: Russian Invasion Causing Widespread Suffering for
Civilians, Accountability for Apparent War Crimes, Other Abuses
Crucial, Human Rights Watch (HRW), available at <a href="https://www.hrw.org/news/2023/01/12/ukraine-russian-invasion-causing-widespread-suffering-civilians">https://www.hrw.org/news/2023/01/12/ukraine-russian-invasion-causing-widespread-suffering-civilians</a> (last visited Mar. 24, 2023).
\14\ PM Shmyhal: Sum of infrastructure damages has reached
$104B, Ukrinform, June 18, 2022, available at <a href="https://www.ukrinform.net/rubric-economy/3509806-pm-shmyhal-sum-of-infrastructure-damages-has-reached-104b.html">https://www.ukrinform.net/rubric-economy/3509806-pm-shmyhal-sum-of-infrastructure-damages-has-reached-104b.html</a> (last visited Apr. 10,
2023).
---------------------------------------------------------------------------
According to research from the Kyiv School of Economics, Russia's
full-scale invasion of Ukraine has caused $108.3 billion in damage to
the country's infrastructure, with the minimum recovery cost estimated
to be well over $180 billion.\15\ Additionally, Russia's full-scale
invasion continues to disrupt the global supply of commodities and has
sharply increased food and energy prices across the globe, further
challenging global economic recovery tactics from the COVID-19
pandemic.\16\ While Ukraine continues to confront this crisis, many
persons in Ukraine continue to have limited access to safety,
healthcare, food, water, and economic opportunity.
---------------------------------------------------------------------------
\15\ The total amount of documented damages has reached $108.3
billion, minimum recovery needs for destroyed assets--$185 billion,
Kyiv School of Economics, Aug. 2, 2022, available at <a href="https://kse.ua/about-the-school/news/the-total-amount-of-documented-damages-has-reached-108-3-billion-minimum-recovery-needs-for-destroyed-assets-185-billion/">https://kse.ua/about-the-school/news/the-total-amount-of-documented-damages-has-reached-108-3-billion-minimum-recovery-needs-for-destroyed-assets-185-billion/</a> (last visited Mar. 24, 2023).
\16\ Assessing the Impact of Russia's War against Ukraine on
Eastern Partner Countries, Organisation for Economic Cooperation and
Development (OECD), Jan. 21, 2023, available at <a href="https://www.oecd-ilibrary.org/sites/946a936c-en/index.html?itemId=/content/publication/946a936c-en">https://www.oecd-ilibrary.org/sites/946a936c-en/index.html?itemId=/content/publication/946a936c-en</a> (last visited Apr. 12, 2023).
---------------------------------------------------------------------------
Population Harmed
Since the start of Russia's full-scale invasion of Ukraine in 2022,
the armed conflict has significantly impacted the civilian
population.\17\ The Office of the UN High Commissioner for Human Rights
(OHCHR) has recorded 22,734 civilian casualties in the country: 8,490
killed and 14,244 injured.\18\ OHCHR further stated that the majority
of the recorded civilian casualties were caused by explosive weapons
with wide area effects, including shelling from heavy artillery,
multiple launch rocket systems, missiles, and air strikes.\19\ The U.S.
Department of State's 2022 Country Report on Human Rights Practices in
Ukraine detailed that Russia's forces continue to mine roads, streets,
fields, urban structures such as hospitals and civic centers, as well
as household objects.\20\
---------------------------------------------------------------------------
\17\ Ukraine: Russian Invasion Causing Widespread Suffering for
Civilians Accountability for Apparent War Crimes, Other Abuses
Crucial, Human Rights Watch, Jan. 12, 2023, available at <a href="https://www.hrw.org/news/2023/01/12/ukraine-russian-invasion-causing-widespread-suffering-civilians">https://www.hrw.org/news/2023/01/12/ukraine-russian-invasion-causing-widespread-suffering-civilians</a> (last visited on Apr. 17, 2023).
\18\ Ukraine: civilian casualty update, United Nations Human
Rights Office of High Commissioner (OHCHR), Apr. 10, 2023, available
at <a href="https://www.ohchr.org/en/news/2023/04/ukraine-civilian-casualty-update-10-april-2023">https://www.ohchr.org/en/news/2023/04/ukraine-civilian-casualty-update-10-april-2023</a> (last visited Apr. 12, 2023).
\19\ Ukraine: civilian casualty update, OHCHR, Apr. 10, 2023,
available at <a href="https://www.ohchr.org/en/news/2023/04/ukraine-civilian-casualty-update-10-april-2023">https://www.ohchr.org/en/news/2023/04/ukraine-civilian-casualty-update-10-april-2023</a> (last visited Apr. 12, 2023).
\20\ U.S. Dep't of State, 2022 Country Reports on Human Rights
Practices: Ukraine, available at <a href="https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/ukraine/">https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/ukraine/</a> (last visited
Apr. 12, 2023).
---------------------------------------------------------------------------
The Organization for Security and Co-operation in Europe (OSCE)
stated on February 24, 2023, that the magnitude of the destruction
across Ukraine is massive. Thousands of Ukrainians have died, and
millions have been forced to flee their homes.
The UNOCHA (OCHA) issued the Humanitarian Needs Overview 2023
report, which reviews the impact of Landmines/Explosive Remnants of War
(ERW). The report concluded that an estimated 25 percent of Ukraine's
land area has been exposed to armed conflict activity since February
2022. The report also estimated that over 250,000 explosive devices
have been removed and destroyed since March 2022, with millions more
yet to be removed.\21\
---------------------------------------------------------------------------
\21\ Report on the Human Rights Situation in Ukraine, OHCHR,
Mar. 24, 2023, available at <a href="https://reliefweb.int/report/ukraine/ukraine-humanitarian-needs-overview-2023-december-2022-enuk">https://reliefweb.int/report/ukraine/ukraine-humanitarian-needs-overview-2023-december-2022-enuk</a> (last
visited August 3, 2023).
---------------------------------------------------------------------------
Russia's full-scale invasion of Ukraine continues to place
civilians at substantial risk of physical harm, leaving many stranded
or unable to flee Ukraine due to rising violence, the damage and
destruction of bridges and roads, and lack of resources or information
on where to find safety and shelter.\22\
---------------------------------------------------------------------------
\22\ War in Ukraine One Year On, Nowhere Safe, The Armed
Conflict Location & Event Data Project (ACLED), Mar. 1, 2023,
available at <a href="https://acleddata.com/2023/03/01/war-in-ukraine-one-year-on-nowhere-safe/">https://acleddata.com/2023/03/01/war-in-ukraine-one-year-on-nowhere-safe/</a> (last visited Apr. 13, 2023).
---------------------------------------------------------------------------
As of August 8, 2023, approximately 2,425 F-1 nonimmigrant students
from Ukraine are enrolled at SEVP-certified academic institutions in
the United States. Given the extent of the current armed conflict in
Ukraine, affected students whose primary means of financial support
comes from Ukraine may need to be exempt from the normal student
employment requirements to continue their studies in the United States.
The current armed conflict has made it unfeasible for many students to
safely return to Ukraine 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
[[Page 56854]]
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 Ukrainian citizen,
regardless of country of birth (or an individual having no nationality
who last habitually resided in Ukraine), who already has on-campus or
off-campus employment authorization and is otherwise eligible may
benefit under this notice, which suspends certain regulatory
requirements relating to the minimum course load requirement under 8
CFR 214.2(f)(6)(i) and certain employment eligibility requirements
under 8 CFR 214.2(f)(9). Such an eligible F-1 nonimmigrant student may
benefit without having to apply for a new Form I-766, Employment
Authorization Document (EAD). To benefit from this notice, the F-1
nonimmigrant student must request that their designated school official
(DSO) enter the following statement in the remarks field of the
student's Student and Exchange Visitor Information System (SEVIS)
record, which the student's Form I-20, Certificate of Eligibility for
Nonimmigrant (F-1) Student Status, will reflect:
Approved for more than 20 hours per week of [DSO must insert ``on-
campus'' or ``off-campus,'' depending upon the type of employment
authorization the student already has] employment authorization and
reduced course load under the Special Student Relief authorization from
[DSO must insert the beginning date of the notice or the beginning date
of the student's employment, whichever date is later] until [DSO must
insert either the student's program end date, the current EAD
expiration date (if the student is currently authorized for off-campus
employment), or the end date of this notice, whichever date comes
first].\23\
---------------------------------------------------------------------------
\23\ 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'' \24\ 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.
---------------------------------------------------------------------------
\24\ 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 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 Ukraine regardless of country of birth (or an
individual having no nationality who last habitually resided in
Ukraine);
(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 armed conflict in Ukraine.
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 armed conflict in
Ukraine).
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 Ukraine 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
[[Page 56855]]
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 Ukraine 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].\25\
---------------------------------------------------------------------------
\25\ Because the suspension of requirements under this notice
applies throughout an academic term during which the suspension is
in effect, DHS considers an F-1 nonimmigrant student who engages in
a reduced course load or employment (or both) after this notice is
effective to be engaging in a ``full course of study,'' see 8 CFR
214.2(f)(6), and eligible for employment authorization, through the
end of any academic term for which such student is matriculated as
of 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
armed conflict in Ukraine. 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'' \26\ 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.\27\
---------------------------------------------------------------------------
\26\ See 8 CFR 214.2(f)(6).
\27\ 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'' \28\ 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). 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.\29\
---------------------------------------------------------------------------
\28\ See 8 CFR 214.2(f)(6).
\29\ 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 armed conflict in Ukraine.\30\ Filing instructions are
located at <a href="https://www.uscis.gov/i-765">https://www.uscis.gov/i-765</a>.
---------------------------------------------------------------------------
\30\ 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 https://
www.uscis.gov/forms/filing-fees/additional-information-on-filing-a-fee-
[[Page 56856]]
waiver. 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) (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 armed conflict
in Ukraine.
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].\31\
---------------------------------------------------------------------------
\31\ Because the suspension of requirements under this notice
applies throughout an academic term during which the suspension is
in effect, DHS considers an F-1 nonimmigrant student who engages in
a reduced course load or employment (or both) after this notice is
effective to be engaging in a ``full course of study,'' see 8 CFR
214.2(f)(6), and eligible for employment authorization, through the
end of any academic term for which such student is matriculated as
of 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'' \32\ at the time of the request
for employment authorization;
---------------------------------------------------------------------------
\32\ See 8 CFR 214.2(f)(6).
---------------------------------------------------------------------------
(b) The F-1 nonimmigrant student is a citizen of Ukraine,
regardless of country of birth (or an individual having no nationality
who last habitually resided in Ukraine), and is experiencing severe
economic hardship as a direct result of the current armed conflict in
Ukraine, 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,\33\ and
---------------------------------------------------------------------------
\33\ 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
armed conflict in Ukraine.
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.'' \34\ Failure to include this notation may
result in significant processing delays.
---------------------------------------------------------------------------
\34\ 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,\35\ under this notice has two options.
---------------------------------------------------------------------------
\35\ 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
Ukraine 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 Ukraine 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, so long as the F-1 nonimmigrant
student maintains the minimum course load described in
[[Page 56857]]
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'' \36\ 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).
---------------------------------------------------------------------------
\36\ 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 armed conflict in Ukraine. 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 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,\37\ to
eligible F-1 nonimmigrant students. DHS will continue to monitor the
situation in Ukraine. Should the special provisions authorized by this
notice need modification or extension, DHS will announce such changes
in the Federal Register.
---------------------------------------------------------------------------
\37\ 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 armed conflict in Ukraine 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. 2023-17872 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.