Notice2023-20789
Employment Authorization for Afghan F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of the Current Armed Conflict and Current Humanitarian Crisis in Afghanistan
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 25, 2023
Effective
May 20, 2025
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 Afghanistan, regardless of country of birth (or individuals having no nationality who last habitually resided in Afghanistan), and who are experiencing severe economic hardship as a direct result of the current armed conflict and current humanitarian crisis in Afghanistan. The Secretary is taking action to provide relief to these Afghan students who are in lawful F-1 nonimmigrant students 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
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<title>Federal Register, Volume 88 Issue 184 (Monday, September 25, 2023)</title>
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[Federal Register Volume 88, Number 184 (Monday, September 25, 2023)]
[Notices]
[Pages 65721-65728]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-20789]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Immigration and Customs Enforcement
[Docket No. ICEB-2023-0006]
RIN 1653-ZA42
Employment Authorization for Afghan F-1 Nonimmigrant Students
Experiencing Severe Economic Hardship as a Direct Result of the Current
Armed Conflict and Current Humanitarian Crisis in Afghanistan
AGENCY: U.S. Immigration and Customs Enforcement; Department of
Homeland Security.
ACTION: Notice.
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SUMMARY: This notice announces that the Secretary of Homeland Security
(Secretary) is suspending certain regulatory requirements for F-1
nonimmigrant students whose country of citizenship is Afghanistan,
regardless of country of birth (or individuals having no nationality
who last habitually resided in Afghanistan), and who are experiencing
severe economic hardship as a direct result of the current armed
conflict and current humanitarian crisis in Afghanistan. The Secretary
is taking action to provide relief to these Afghan students who are in
lawful F-1 nonimmigrant students 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.
[[Page 65722]]
DATES: This action is effective November 21, 2023, through May 20,
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#5c2f392a2c1c353f397238342f723b332a"><span class="__cf_email__" data-cfemail="9eedfbe8eedef7fdfbb0faf6edb0f9f1e8">[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 Afghanistan regardless of country of birth
(or individuals having no nationality who last habitually resided in
Afghanistan), 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 armed conflict and humanitarian crisis in Afghanistan. The original
notice, which suspended certain regulatory requirements for
F-1 nonimmigrant students experiencing severe economic hardship as
a direct result of the situation at that time is effective from May 20,
2022, through November 20, 2023. See 87 FR 30971 (May 20, 2022).
Effective with this publication, suspension of the employment
limitations is available through May 20, 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).
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\1\ Because the suspension of requirements under this notice
applies throughout an academic term during which the suspension is
in effect, DHS considers an F-1 nonimmigrant student who engages in
a reduced course load or employment (or both) after this notice is
effective to be engaging in a ``full course of study,'' see 8 CFR
214.2(f)(6), and eligible for employment authorization, through the
end of any academic term for which such student is matriculated as
of May 20, 2025, provided the student satisfies the minimum course
load requirements in this notice.
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Who is covered by this notice?
This notice applies exclusively to F-1 nonimmigrant students who
meet all of the following conditions:
(1) Are a citizen of Afghanistan regardless of country of birth (or
an individual having no nationality who last habitually resided in
Afghanistan);
(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 and current humanitarian crisis in
Afghanistan.
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 Afghan F-1 nonimmigrant
students experiencing severe economic hardship due to the armed
conflict and humanitarian crisis in Afghanistan. Based on its review of
country conditions in Afghanistan and input received from the U.S.
Department of State (DOS), DHS is taking action to allow eligible F-1
nonimmigrant students from Afghanistan to request employment
authorization, work an increased number of hours while school is in
session, and reduce their course load while continuing to maintain F-1
nonimmigrant student status.
Since the August 2021 Taliban takeover, armed conflict, as well as
violence against Afghans associated with international efforts in
Afghanistan, has continued throughout Afghanistan.\2\ The U.S.
Department of State describes ongoing human rights abuses, widespread
disregard for law, and a climate of fear of retribution against those
who are perceived to oppose the Taliban regime.\3\ The Taliban do not
respect human rights, especially of Afghan women and girls, and
struggle to meet the country's numerous challenges including the
economic situation.\4\ The World Bank described the situation in
Afghanistan as grim, finding significant instability in food security,
healthcare, and general welfare for women and girls.\5\ Ongoing armed
conflict poses a serious threat to the safety of nationals returning to
Afghanistan. Extraordinary and temporary conditions, including lack of
access to food, clean water, and healthcare, as well as destroyed
infrastructure, internal displacement, and economic instability
continue to prevent Afghan nationals from returning to their homeland
in safety.
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\2\ U.S. Department of State, 2022 Country Report on Human
Rights Practices: Afghanistan, Mar. 20, 2023, available at: <a href="https://www.state.gov/wp-content/uploads/2023/03/415610_AFGHANISTAN-2022-HUMAN-RIGHTS-REPORT.pdf">https://www.state.gov/wp-content/uploads/2023/03/415610_AFGHANISTAN-2022-HUMAN-RIGHTS-REPORT.pdf</a> (last visited Aug. 25, 2023).
\3\ U.S. Department of State, 2022 Country Report on Human
Rights Practices: Afghanistan, Mar. 20, 2023, available at: <a href="https://www.state.gov/wp-content/uploads/2023/03/415610_AFGHANISTAN-2022-HUMAN-RIGHTS-REPORT.pdf">https://www.state.gov/wp-content/uploads/2023/03/415610_AFGHANISTAN-2022-HUMAN-RIGHTS-REPORT.pdf</a> (last visited Aug. 25, 2023).
\4\ Lindsay Maizland, The Taliban in Afghanistan, Council on
Foreign Relations (CFR), Jan. 19, 2023, available at: <a href="https://www.cfr.org/backgrounder/taliban-afghanistan">https://www.cfr.org/backgrounder/taliban-afghanistan</a> (last visited May 5,
2023).
\5\ The World Bank, World Bank Survey: Living Conditions Remain
Dire for the Afghan People, Nov. 22, 2022, available at: <a href="https://www.worldbank.org/en/news/press-release/2022/11/22/world-bank-survey-living-conditions-remain-dire-for-the-afghan-people">https://www.worldbank.org/en/news/press-release/2022/11/22/world-bank-survey-living-conditions-remain-dire-for-the-afghan-people</a> (last
visited June 8, 2023).
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Scale and Impact of Conflict
While overall armed conflict has decreased since the Taliban
takeover, armed conflict continues by the Taliban and the Islamic State
in Khorasan Province (ISKP) against the general population
persists.<SUP>6 7</SUP> Since the Taliban takeover, the Taliban have
struggled to stabilize Afghanistan. They imposed their interpretation
of sharia law, enacted harsh punishments against the population, and
undermined the enjoyment of human rights.\8\ ISKP is a U.S. designated
terrorist group and transnational affiliate of the Islamic State
militant group that seeks to control Central and South Asia to
establish a caliphate.\9\ It is engaged in armed
[[Page 65723]]
conflict with the Taliban, and continues to conduct attacks against
Taliban fighters, civilians, and protected sites, including
mosques.\10\ The Taliban continue to fight ISKP in the east and north
.<SUP>11 12</SUP> ISKP, an Islamic State affiliate active since
approximately 2014, continues to pose a risk to security and safety in
Afghanistan.\13\ Beginning in August 2021, ISKP began rejecting Taliban
legitimacy and escalated attacks against them across the country.\14\
In mid-2022, ISKP conducted multiple attacks on primarily civilian
targets in Kunduz and Mazar-i-Sharif.\15\ Within Afghanistan, ISKP
attacks are mostly aimed at Taliban targets and minority groups,
especially Hazaras.<SUP>16 17</SUP> While ISKP does not control
territory in Afghanistan, their recent escalation of attacks
contributes to the ongoing security crisis in the country.\18\
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\6\ International Crisis Group, Afghanistan's Security
Challenges under the Taliban, Aug. 12, 2022, available at: <a href="https://www.crisisgroup.org/asia/south-asia/afghanistan/afghanistans-security-challenges-under-taliban">https://www.crisisgroup.org/asia/south-asia/afghanistan/afghanistans-security-challenges-under-taliban</a> (last visited May 6, 2023).
\7\ Human Rights Watch, World Report 2023--Afghanistan, Jan. 12,
2023, available at: <a href="https://www.ecoi.net/en/document/2085369.html">https://www.ecoi.net/en/document/2085369.html</a>
(last visited June 8, 2023).
\8\ Amnesty International, Amnesty International Report 2022/23,
The State of the World's Human Rights, Afghanistan 2022, Mar. 27,
2023, available at: <a href="https://www.ecoi.net/en/document/2089394.html">https://www.ecoi.net/en/document/2089394.html</a>
(last visited June 9, 2023).
\9\ Countering a Resurgent Terrorist Threat in Afghanistan:
Contingency Planning Memorandum Update, Council on Foreign
Relations, available at: <a href="https://www.cfr.org/report/countering-resurgent-terrorist-threat-afghanistan">https://www.cfr.org/report/countering-resurgent-terrorist-threat-afghanistan</a> (last visited Sept. 18,
2023).
\10\ 2022 Report on International Religious Freedom:
Afghanistan, Dept. of State, available at: <a href="https://www.state.gov/reports/2022-report-on-international-religious-freedom/afghanistan/#section-3">https://www.state.gov/reports/2022-report-on-international-religious-freedom/afghanistan/#section-3</a> (last visited Sept. 18, 2023).
\11\ International Crisis Group, Afghanistan's Security
Challenges under the Taliban, Aug. 12, 2022, available at: <a href="https://www.crisisgroup.org/asia/south-asia/afghanistan/afghanistans-security-challenges-under-taliban">https://www.crisisgroup.org/asia/south-asia/afghanistan/afghanistans-security-challenges-under-taliban</a> (last visited May 6, 2023).
\12\ Human Rights Watch, World Report 2023--Afghanistan, Jan.
12, 2023, available at: <a href="https://www.ecoi.net/en/document/2085369.html">https://www.ecoi.net/en/document/2085369.html</a> (last visited June 8, 2023).
\13\ Austrian Centre for Country of Origin and Asylum Research
and Documentation, <a href="http://Ecoi.net">Ecoi.net</a> Featured Topic on Afghanistan: Overview
of recent developments and key players in Afghanistan, May 17, 2023,
available at: <a href="https://www.ecoi.net/en/document/2092065.html">https://www.ecoi.net/en/document/2092065.html</a> (last
visited June 9, 2023).
\14\ European Union Agency for Asylum, Afghanistan Security
Information, Jan. 2023, available at: <a href="https://coi.euaa.europa.eu/administration/easo/PLib/2022_08_EUAA_COI_Report_Afghanistan_Security_situation.pdf">https://coi.euaa.europa.eu/administration/easo/PLib/2022_08_EUAA_COI_Report_Afghanistan_Security_situation.pdf</a> (last
visited June 9, 2023).
\15\ European Union Agency for Asylum, Afghanistan Security
Information, Jan. 2023, available at: <a href="https://coi.euaa.europa.eu/administration/easo/PLib/2022_08_EUAA_COI_Report_Afghanistan_Security_situation.pdf">https://coi.euaa.europa.eu/administration/easo/PLib/2022_08_EUAA_COI_Report_Afghanistan_Security_situation.pdf</a> (last
visited June 9, 2023).
\16\ European Union Agency for Asylum, Afghanistan Security
Information, Jan. 2023, available at: <a href="https://coi.euaa.europa.eu/administration/easo/PLib/2022_08_EUAA_COI_Report_Afghanistan_Security_situation.pdf">https://coi.euaa.europa.eu/administration/easo/PLib/2022_08_EUAA_COI_Report_Afghanistan_Security_situation.pdf</a> (last
visited June 9, 2023).
\17\ Michael Kugelman, How Dangerous is the Islamic State-
Khorasan?, Foreign Policy, Mar. 23, 2023, available at: <a href="https://foreignpolicy.com/2023/03/23/afghanistan-islamic-state-khorasan-centcom-warning-threat/">https://foreignpolicy.com/2023/03/23/afghanistan-islamic-state-khorasan-centcom-warning-threat/</a> (last visited June 9, 2023).
\18\ European Union Agency for Asylum, Afghanistan Security
Information, Jan. 2023, available at: <a href="https://coi.euaa.europa.eu/administration/easo/PLib/2022_08_EUAA_COI_Report_Afghanistan_Security_situation.pdf">https://coi.euaa.europa.eu/administration/easo/PLib/2022_08_EUAA_COI_Report_Afghanistan_Security_situation.pdf</a> (last
visited June 9, 2023).
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Human Rights Abuses
The human rights situation in Afghanistan was recently described as
a worsening crisis, with the United Nations Special Rapporteur on Human
Rights in Afghanistan, encouraging the International Criminal Court
(ICC) to ``take note of the unprecedented deterioration of women's
rights . . . and that the Prosecutor consider the crime of gender
persecution in Afghanistan.'' \19\ Afghanistan under the Taliban
remains extremely oppressive, particularly with respect to the
meaningful participation of women in all aspects of public and private
life and the exercise of freedom of religion or belief. Gender-based
violence, including sexual violence, against women and girls occurs
with impunity.<SUP>20 21</SUP>
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\19\ United Nations High Commissioner for Refugees (UNHCR), A/
HRC/52/84: Situation of human rights in Afghanistan--Report of the
Special Rapporteur on the situation of human rights in Afghanistan,
Richard Bennett, Feb. 09, 2023, available at: <a href="https://www.ohchr.org/en/documents/country-reports/ahrc5284-situation-human-rights-afghanistan-report-special-rapporteur">https://www.ohchr.org/en/documents/country-reports/ahrc5284-situation-human-rights-afghanistan-report-special-rapporteur</a> (last visited June 9, 2023).
\20\ Fereshta Abbasi, What are the main challenges to women and
girls' rights in Afghanistan?, Human Rights Watch, Mar. 9, 2023,
available at: <a href="https://apnews.com/article/taliban-afghanistan-women-rights-united-nations-591c39436d53f83e5a0c423c5e06891c">https://apnews.com/article/taliban-afghanistan-women-rights-united-nations-591c39436d53f83e5a0c423c5e06891c</a> (last visited
May 12, 2023).
\21\ UNHCR, A/HRC/52/84: Situation of human rights in
Afghanistan--Report of the Special Rapporteur on the situation of
human rights in Afghanistan, Richard Bennett, Feb. 09, 2023,
available at: <a href="https://www.ohchr.org/en/documents/country-reports/ahrc5284-situation-human-rights-afghanistan-report-special-rapporteur">https://www.ohchr.org/en/documents/country-reports/ahrc5284-situation-human-rights-afghanistan-report-special-rapporteur</a> (last visited June 9, 2023).
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Hazaras, members of an ethnic and religious minority, have
experienced harm in the form of forcible evictions, threats, physical
harm, and attacks on religious institutions and education centers.\22\
In September 2022, Human Rights Watch reported that attacks on members
of the Hazara community are ``systematic in nature and reflect elements
of an organizational policy.'' \23\
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\22\ U.S. Department of State, 2022 Report on International
Religious Freedom: Afghanistan, May 15, 2023, available at: <a href="https://www.ecoi.net/en/document/2091855.html">https://www.ecoi.net/en/document/2091855.html</a> (last visited June 9, 2023).
\23\ Human Rights Watch, Afghanistan: ISIS Group Targets
Religious Minorities, Sept. 6, 2022, available at: <a href="https://www.hrw.org/news/2022/09/06/afghanistan-isis-group-targets-religious-minorities">https://www.hrw.org/news/2022/09/06/afghanistan-isis-group-targets-religious-minorities</a> (last visited Aug. 21, 2023).
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Former employees of the prior Afghan government also continue to
face reprisals. Human Rights Watch reported on the killings and
disappearances of 47 members of the Afghan National Security Forces
(ANSF) in late 2022, and the United Nations (U.N.) found that family
members of former Afghan security forces members were also targeted by
elements of the Taliban.\24\ The Taliban have arrested activists and
journalists who criticized them on media platforms and raided offices
of non-governmental organizations.\25\ Human rights abuses against
perceived opponents have been particularly violent after protests, with
the Taliban using live ammunition, whips, and electroshock weapons to
disperse crowds.\26\
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\24\ Austrian Centre for Country of Origin and Asylum Research
and Documentation, <a href="http://Ecoi.net">Ecoi.net</a> Featured Topic on Afghanistan: Overview
of recent developments and key players in Afghanistan, May 17, 2023,
available at: <a href="https://www.ecoi.net/en/document/2092065.html">https://www.ecoi.net/en/document/2092065.html</a> (last
visited June 9, 2023).
\25\ European Union Agency for Asylum, Country Guidance:
Afghanistan; January 2023, Jan. 2023, available at: <a href="https://www.ecoi.net/en/file/local/2086795/2023_Country_Guidance_Afghanistan_EN.pdf">https://www.ecoi.net/en/file/local/2086795/2023_Country_Guidance_Afghanistan_EN.pdf</a> (last visited June 9,
2023).
\26\ European Union Agency for Asylum, Country Guidance:
Afghanistan; January 2023, Jan. 2023, available at: <a href="https://www.ecoi.net/en/file/local/2086795/2023_Country_Guidance_Afghanistan_EN.pdf">https://www.ecoi.net/en/file/local/2086795/2023_Country_Guidance_Afghanistan_EN.pdf</a> (last visited June 9,
2023).
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Humanitarian Situation
The humanitarian situation in Afghanistan is dire, with 15 million
Afghans not consuming enough food, and much of the population impacted,
as well as limited access to clean water.<SUP>27 28</SUP> As a result
of the Taliban takeover and ongoing violence, internal displacement has
also skyrocketed in Afghanistan.\29\ Afghanistan is currently
experiencing one of the world's worst humanitarian disasters, with more
than two thirds of the population, 29.2 million people, requiring
humanitarian assistance.<SUP>30 31</SUP> The U.N. World Food Programme
recently found that Afghanistan is at the greatest risk of famine in 25
years, with half of all families in the country existing in crisis-
[[Page 65724]]
coping mode.\32\ Since August 2022, the Programme estimates that nine
out of ten families in Afghanistan do not have the means to afford
enough food.\33\ A recent Whole of Afghanistan Assessment found that 79
percent of households lack enough water for daily needs.\34\ More than
1.6 million Afghans fled the country since 2021, with Iran and Pakistan
hosting 85 percent of displaced Afghans.\35\ There are also
approximately 3.2 million internally displaced persons (IDPs) due to
conflict and violence.\36\
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\27\ Human Rights Watch, Afghanistan: Economic Roots of the
Humanitarian Crisis, Mar. 1, 2022, available at: <a href="https://www.hrw.org/news/2022/03/01/afghanistan-economic-roots-humanitarian-crisis">https://www.hrw.org/news/2022/03/01/afghanistan-economic-roots-humanitarian-crisis</a> (last visited June 9, 2023).
\28\ World Food Programme, WFP Afghanistan; Situation Report; 24
May 2023, May 24, 2023, available at: <a href="https://reliefweb.int/attachments/bb0a5390-5198-4194-b87d-c8a78cd42e22/20230524%20AFG%20External%20Sitrep.pdf">https://reliefweb.int/attachments/bb0a5390-5198-4194-b87d-c8a78cd42e22/20230524%20AFG%20External%20Sitrep.pdf</a> (last visited June 9, 2023).
\29\ Internal Displacement Monitoring Centre, Country Profile:
Afghanistan, May 24, 2023, available at: <a href="https://www.internal-displacement.org/countries/afghanistan">https://www.internal-displacement.org/countries/afghanistan</a> (last visited June 9, 2023).
\30\ Human Rights Watch, Hard Choices in Afghanistan's
Humanitarian Crisis, May 15, 2023, available at: https://
www.hrw.org/news/2023/05/15/hard-choices-afghanistans-humanitarian-
crisis#:~:text=Afghanistan%20has%20largely%20disappeared%20from,girls
%20remain%20most%20at%20risk. (last visited June 9, 2023).
\31\ ReliefWeb, Afghanistan: Revised Humanitarian Response Plan
(Jun-Dec 2023), available at: <a href="https://reliefweb.int/report/afghanistan/afghanistan-revised-humanitarian-response-plan-jun-dec-2023">https://reliefweb.int/report/afghanistan/afghanistan-revised-humanitarian-response-plan-jun-dec-2023</a> (last Sept. 15, 2023).
\32\ Id.
\33\ Id.
\34\ ReliefWeb, Afghanistan: Drought--2021-2023, 2021-2023,
available at: <a href="https://reliefweb.int/disaster/dr-2021-000022-afg">https://reliefweb.int/disaster/dr-2021-000022-afg</a>
(last visited June 9, 2023).
\35\ UNCHR, Afghanistan Humanitarian Crisis, available at:
<a href="https://www.unrefugees.org/emergencies/afghanistan/">https://www.unrefugees.org/emergencies/afghanistan/</a> (last visited
June 9, 2023).
\36\ Afghanistan Humanitarian Crisis, UNHCR, available at:
<a href="https://www.unrefugees.org/emergencies/afghanistan/">https://www.unrefugees.org/emergencies/afghanistan/</a> (last visited
Sept. 15, 2023).
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Healthcare and Infrastructure Concerns
Afghanistan's healthcare system is currently struggling and
hospitals that are still functioning do so with few supplies and
massive staff shortages, as many medical personnel have fled the
unstable country and foreign aid has been suspended since the Taliban
takeover.\37\ The Taliban's targeted attacks on vital infrastructure,
including power stations, roads, and cell phone towers have created
dire circumstances across the country, which is made worse by the
suspension of international support for civilian infrastructure
maintenance due to the expulsion of aid workers by the Taliban
regime.<SUP>38 39</SUP>
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\37\ Ngoe Phuong Hong Tao, et al., Healthcare collapse in
Afghanistan due to political crises, natural catastrophes, and
dearth of international aid post-COVID, Jan. 11, 2023, Journal of
Global Health, available at: <a href="https://jogh.org/2023/jogh-13-03003">https://jogh.org/2023/jogh-13-03003</a>
(last visited June 9, 2023).
\38\ Statement on Continuation of Assassinations, Kidnappings,
and Destruction of Vital Infrastructure, US Embassy in Afghanistan,
Jan. 31, 2021, available at: <a href="https://af.usembassy.gov/statement-on-continuation-of-assassinations-kidnappings-and-destruction-of-vital-infrastructure/">https://af.usembassy.gov/statement-on-continuation-of-assassinations-kidnappings-and-destruction-of-vital-infrastructure/</a> (last visited June 9, 2023).
\39\ UN Office for the Coordination of Humanitarian Affairs,
Afghanistan: ICCT Winter Prioritisation--December 2022 (Issued 16
January 2023), Jan. 17, 2023, available at: <a href="https://reliefweb.int/attachments/1d506d5a-3624-4768-87ac-5bc51329b9b3/2023%20ICCT%20Winter%20Prioritisation%20Report_Q1_fn_160123.pdf">https://reliefweb.int/attachments/1d506d5a-3624-4768-87ac-5bc51329b9b3/2023%20ICCT%20Winter%20Prioritisation%20Report_Q1_fn_160123.pdf</a>
(last visited June 9, 2023).
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Economic Concerns
Economic instability has added to the deepening humanitarian crisis
in Afghanistan. Due to the economic collapse, high inflation, and
difficulty in finding stable jobs, an estimated one million children
are working in Afghanistan, a number that soared since the Taliban
seized power.\40\ In November 2021, the Taliban banned the use of
foreign currency, which may further disrupt an economy on the brink of
collapse.\41\ The World Bank notes that the unexpected loss of public
sector activity is likely to have impacts throughout the Afghan
economy, especially in the service and construction sectors, which
accounts for approximately 58 percent of GDP.\42\ When compared to the
previous Taliban era, the level of poverty this time is predicted to be
worse and felt more acutely across the country.\43\
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\40\ Radio Free Europe/Radio Liberty, `Life of Toil': Growing
Number of Starving Afghan Families Send Children to Work, May 17,
2023, available at: <a href="https://www.ecoi.net/en/document/2092100.html">https://www.ecoi.net/en/document/2092100.html</a>
(last visited June 9, 2023).
\41\ Taliban bans foreign currencies in Afghanistan, BBC News,
Nov. 3, 2021, available at: <a href="https://www.bbc.com/news/business-59129470">https://www.bbc.com/news/business-59129470</a> (last visited May 12, 2023).
\42\ Anthony Cordesman, Reshaping U.S. Aid to Afghanistan: The
Challenge of Lasting Progress, Feb. 23, 2022, available at: <a href="https://www.csis.org/analysis/reshaping-us-aid-afghanistan-challenge-lasting-progress">https://www.csis.org/analysis/reshaping-us-aid-afghanistan-challenge-lasting-progress</a> (last visited May 10, 2023).
\43\ Killing the Goose that Laid the Golden Egg: Afghanistan's
economic distress post-15 August, Afghanistan Analysts Network, Nov.
11, 2021, available at: <a href="https://www.afghanistan-analysts.org/en/reports/economydevelopment-environment/killing-the-goose-that-laid-the-golden-egg-afghanistans-economic-distress-post-15-august/">https://www.afghanistan-analysts.org/en/reports/economydevelopment-environment/killing-the-goose-that-laid-the-golden-egg-afghanistans-economic-distress-post-15-august/</a> (last
visited May 12, 2023).
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As of September 13, 2023, approximately 550 F-1 nonimmigrant
students from Afghanistan are enrolled at SEVP-certified academic
institutions in the United States. Given the extent of the current
armed conflict and current humanitarian crisis in Afghanistan, affected
students whose primary means of financial support comes from
Afghanistan may need to be exempt from the normal student employment
requirements to continue their studies in the United States. The
current armed conflict and current humanitarian crisis has made it
unfeasible for many students to safely return to Afghanistan 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 an Afghan citizen,
regardless of country of birth (or an individual having no nationality
who last habitually resided in Afghanistan), 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
[[Page 65725]]
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].\44\
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\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 May 20, 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.
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\45\ See 8 CFR 214.2(f)(6).
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Will an F-2 dependent (spouse or minor child) of an F-1 nonimmigrant
student covered by this notice be eligible for employment
authorization?
No. An F-2 spouse or minor child of an F-1 nonimmigrant student is
not authorized to work in the United States and, therefore, may not
accept employment under the F-2 nonimmigrant status, consistent with
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 Afghanistan regardless of country of birth (or
an individual having no nationality who last habitually resided in
Afghanistan);
(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 and current humanitarian crisis in
Afghanistan.
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 and
current humanitarian crisis in Afghanistan).
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 Afghanistan 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 Afghanistan 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\
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\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 May 20, 2025, provided the student satisfies the minimum course
load requirements in this notice.
[[Page 65726]]
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To obtain on-campus employment authorization, the F-1 nonimmigrant
student must demonstrate to the DSO that the employment is necessary to
avoid severe economic hardship directly resulting from the current
armed conflict and current humanitarian crisis in Afghanistan. An F-1
nonimmigrant student authorized by the DSO to engage in on-campus
employment by means of this notice does not need to file any
applications with U.S. Citizenship and Immigration Services (USCIS).
The standard rules permitting full-time on-campus employment when
school is not in session or during school vacations apply, as described
in 8 CFR 214.2(f)(9)(i).
Will an F-1 nonimmigrant student who receives on-campus employment
authorization under this notice have authorization to reduce the normal
course load and still maintain his or her F-1 nonimmigrant student
status?
Yes. DHS will deem an F-1 nonimmigrant student who receives on-
campus employment authorization under this notice to be engaged in a
``full course of study'' \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\
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\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\
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\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 armed conflict and current humanitarian crisis in
Afghanistan.\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">https://www.uscis.gov/forms/filing-fees/additional-information-on-filing-a-fee-waiver</a>. The submission must include an explanation about why USCIS
should grant the fee waiver and the reason(s) for the inability to pay,
and any evidence to support the reason(s). See 8 CFR 103.7(c) (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
and current humanitarian crisis in Afghanistan.
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\
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\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 May 20, 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
[[Page 65727]]
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 Afghanistan,
regardless of country of birth (or an individual having no nationality
who last habitually resided in Afghanistan), and is experiencing severe
economic hardship as a direct result of the current armed conflict and
current humanitarian crisis in Afghanistan, 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; \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
armed conflict and current humanitarian crisis in Afghanistan.
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
Afghanistan 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 May 20, 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, issue an updated Form
I-20, as described in this notice, and notate that the nonimmigrant
student has been authorized to carry a reduced course load and is
working pursuant to a TPS-related EAD. 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 Afghanistan 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
[[Page 65728]]
demonstrate and provide documentation to the DSO of the direct economic
hardship resulting from the current armed conflict and current
humanitarian crisis in Afghanistan. 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 May 20, 2025,\58\ to
eligible F-1 nonimmigrant students. DHS will continue to monitor the
situation in Afghanistan. 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 May 20, 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 and current humanitarian crisis in Afghanistan
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 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. 2023-20789 Filed 9-21-23; 4:15 pm]
BILLING CODE 9111-28-P
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</html>Indexed from Federal Register on September 25, 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.