Notice2024-07869
Employment Authorization for Certain Palestinian F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of the Current Humanitarian Crisis in the Palestinian Territories
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
April 15, 2024
Issuing agencies
Homeland Security DepartmentU.S. Immigration and Customs Enforcement
Abstract
The Department of Homeland Security (DHS) is suspending certain regulatory requirements for certain Palestinian F-1 nonimmigrant students who are experiencing severe economic hardship as a direct result of the current humanitarian crisis in the Palestinian Territories. The Secretary is providing relief to these students who are in lawful F-1 nonimmigrant 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 status.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 73 (Monday, April 15, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 73 (Monday, April 15, 2024)]
[Notices]
[Pages 26156-26161]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-07869]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Immigration and Customs Enforcement
[Docket No. ICEB-2024-0005]
RIN 1653-ZA49
Employment Authorization for Certain Palestinian F-1 Nonimmigrant
Students Experiencing Severe Economic Hardship as a Direct Result of
the Current Humanitarian Crisis in the Palestinian Territories
AGENCY: U.S. Immigration and Customs Enforcement; Department of
Homeland Security.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Department of Homeland Security (DHS) is suspending
certain regulatory requirements for certain Palestinian F-1
nonimmigrant students who are experiencing severe economic hardship as
a direct result of the current humanitarian crisis in the Palestinian
Territories. The Secretary is providing relief to these students who
are in lawful F-1 nonimmigrant 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 status.
DATES: This action for certain Palestinian F-1 nonimmigrant students
covered by this notice began on February 14, 2024, and ends on August
13, 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 (ICE), 500 12th Street SW,
Washington, DC 20536-5600; email: <a href="/cdn-cgi/l/email-protection#a7d4c2d1d7e7cec4c289c3cfd489c0c8d1"><span class="__cf_email__" data-cfemail="ef9c8a999faf868c8ac18b879cc1888099">[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: For the purposes of this Notice, ICE intends
to cover non-U.S. citizens of any nationality, or without nationality,
who are Palestinian. F-1 nonimmigrant students who possesses any of the
following authentic documents,\1\ though not limited to the list below,
regardless of the document's validity period \2\ or expiration may be
eligible for this relief:
---------------------------------------------------------------------------
\1\ On June 14, 2007, Hamas, designated as a foreign terrorist
organization by the Secretary of State in accordance with INA
section 219, took de facto administrative control of Gaza, including
issuance of civil documents for the territory. Identity documents
issued by Hamas after June 14, 2007, will not be accepted, unless
verified by the Palestinian Authority in the West Bank.
\2\ The term validity period is used in reference to the length
of time a document can be used for purposes of travel or
identification prior to the expiration date.
---------------------------------------------------------------------------
<bullet> a Palestinian Authority Passport;
<bullet> a Palestinian Authority Identification Card;
<bullet> a Birth Certificate or Birth Extract verified or issued by
a recognized governmental authority identifying the holder as having
been born in the Palestinian Territories;
<bullet> an identification document issued by a third country, the
United Nations, its specialized agencies and related organizations, or
the International Committee of the Red Cross, indicating the holder is
a Palestinian; or
<bullet> a travel document issued by a third country, the United
Nations, its
[[Page 26157]]
specialized agencies and related organizations, or the International
Committee of the Red Cross, identifying the holder as a Palestinian.
What action is DHS taking under this notice?
The Secretary is exercising the authority under 8 CFR 214.2(f)(9)
to temporarily suspend the applicability of certain requirements
governing on-campus and off-campus employment for certain F-1
nonimmigrant students who are Palestinian, who were lawfully present in
the United States in F-1 nonimmigrant student status as of February 14,
2024, and who are experiencing severe economic hardship as a direct
result of the current humanitarian crisis in the Palestinian
Territories. Effective with this publication, suspension of the
employment limitations is available through August 13, 2025, for those
who were in lawful F-1 nonimmigrant status on February 14, 2024. 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.\3\ See 8 CFR
214.2(f)(6)(i)(F).
---------------------------------------------------------------------------
\3\ 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 August 14, 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) Possesses any authentic document described in the Supplementary
Information section of this Notice;
(2) Were lawfully present in the United States on February 14,
2024, 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 humanitarian crisis in the Palestinian Territories.
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 certain Palestinian F-1
nonimmigrant students experiencing severe economic hardship due to the
current humanitarian crisis in the Palestinian Territories. Based on
its review of the conditions in the Palestinian Territories and input
received from the U.S. Department of State (DOS), DHS is taking action
to allow certain eligible Palestinian F-1 nonimmigrant students 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.
On February 14, 2024, President Joseph Biden issued a memorandum to
the Secretary of State and the Secretary of DHS to defer for 18 months
the removal of certain Palestinians present in the United States by
implementing Deferred Enforced Departure (DED) for those eligible
individuals.\4\ This action came in the wake of the October 7, 2023,
terrorist attack by Hamas against Israel, and Israel's ensuing military
response, which has resulted in the humanitarian conditions in the
Palestinian Territories, primarily Gaza, significantly deteriorating.
Because of these conditions, DHS is now taking action so eligible
Palestinian F-1 nonimmigrant 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 F-1
nonimmigrant student status.
---------------------------------------------------------------------------
\4\ Memorandum on the Deferred Enforced Departure for Certain
Palestinians, The White House, Feb. 14, 2024, available at <a href="https://www.whitehouse.gov/briefing-room/presidential-actions/2024/02/14/memorandum-on-the-deferred-enforced-departure-for-certain-palestinians/">https://www.whitehouse.gov/briefing-room/presidential-actions/2024/02/14/memorandum-on-the-deferred-enforced-departure-for-certain-palestinians/</a> (last visited Feb. 27, 2024).
---------------------------------------------------------------------------
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 Palestinian, 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
[[Page 26158]]
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].\5\
---------------------------------------------------------------------------
\5\ 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 August 14, 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'' \6\ 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.
---------------------------------------------------------------------------
\6\ 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 while in F-2 nonimmigrant status. See 8 CFR
214.2(f)(15)(i).
Will the suspension of the applicability of the standard student
employment requirements apply to an individual who received 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) Possesses any authentic document described in the SUPPLEMENTARY
INFORMATION section of this Notice;
(2) Were lawfully present in the United States on February 14,
2024, 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 humanitarian crisis in the Palestinian Territories.
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 humanitarian crisis
in the Palestinian Territories).
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 Palestinian F-1 nonimmigrant students enrolled in
kindergarten through grade 12 at a private school, or grades 9 through
12 at a public high school. Such students must maintain the minimum
number of hours of class attendance per week prescribed by the academic
institution for normal progress toward graduation, as required under 8
CFR 214.2(f)(6)(i)(E). The suspension of certain regulatory
requirements related to employment through this notice is applicable to
all eligible F-1 nonimmigrant students regardless of educational level.
Eligible Palestinian F-1 nonimmigrant students enrolled in an
elementary school, middle school, or high school do 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].\7\
---------------------------------------------------------------------------
\7\ 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 August 14, 2025, provided the student satisfies the minimum
course load requirements in this notice.
[[Page 26159]]
---------------------------------------------------------------------------
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
humanitarian crisis in the Palestinian Territories. 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'' \8\ 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.\9\
---------------------------------------------------------------------------
\8\ See 8 CFR 214.2(f)(6).
\9\ 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 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'' \10\ 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.\11\
---------------------------------------------------------------------------
\10\ See 8 CFR 214.2(f)(6).
\11\ 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 humanitarian crisis in the Palestinian Territories.\12\
Filing instructions are located at <a href="https://www.uscis.gov/i-765">https://www.uscis.gov/i-765</a>.
---------------------------------------------------------------------------
\12\ See 8 CFR 274a.12(c)(3)(iii).
---------------------------------------------------------------------------
Fee considerations. Submission of a Form I-765 currently requires
payment of a $520 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/i-912">https://www.uscis.gov/i-912</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
106.2 and 106.3.
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 humanitarian
crisis in the Palestinian Territories.
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].\13\
---------------------------------------------------------------------------
\13\ 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 August 14, 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
[[Page 26160]]
carrying a ``full course of study'' \14\ at the time of the request for
employment authorization;
---------------------------------------------------------------------------
\14\ See 8 CFR 214.2(f)(6).
---------------------------------------------------------------------------
(b) The F-1 nonimmigrant student is a Palestinian, and is
experiencing severe economic hardship as a direct result of the current
humanitarian crisis in the Palestinian Territories, 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 at the graduate
level; \15\ and
---------------------------------------------------------------------------
\15\ 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
humanitarian crisis in the Palestinian Territories.
Processing. To facilitate prompt adjudication of the student's
application for off-campus employment authorization under 8 CFR
214.2(f)(9)(ii)(C), the F-1 nonimmigrant student should do both of the
following:
(a) Ensure that the application package includes all of the
following documents:
(1) A completed Form I-765 with all applicable supporting evidence;
(2) The required fee or properly documented fee waiver request as
defined in 8 CFR 106.2 and 106.3; 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.'' \16\ Failure to include this notation may
result in significant processing delays.
---------------------------------------------------------------------------
\16\ 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.
Deferred Enforced Departure (DED) Considerations
Can an F-1 nonimmigrant student apply for a DED-related EAD and for
benefits under this notice at the same time?
Yes. Although they are not required to apply for a DED-related EAD,
if an eligible F-1 nonimmigrant student wants to obtain such an EAD,
the student must file Form I-765 and pay the related fee (or request a
fee waiver). The F-1 student may also apply for Special Student Relief
under this notice by requesting that the DSO notate on their Form I-20
in SEVIS that the student has been authorized to carry a reduced course
load and is permitted to work an increased number of hours under
Special Student Relief while school is in session. The DSO should also
notate on the Form I-20 that the student is working pursuant to a DED-
related EAD. As long as the F-1 nonimmigrant student maintains the
minimum course load described in this notice, does not otherwise
violate the student's nonimmigrant status, including as provided under
8 CFR 214.1(g), and remains covered under DED, then the student
maintains F-1 nonimmigrant status and DED concurrently.
When a student applies simultaneously for a DED-related EAD 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'' \17 \unless or until the F-
1 nonimmigrant student is granted employment authorization under this
notice. DED-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 DED-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 the
student is at the undergraduate level, or a minimum of three semester
or quarter hours of instruction per academic term if the student is at
the graduate level). See 8 CFR 214.2(f)(5)(v), 214.2(f)(6),
214.2(f)(9)(i) and (ii).
---------------------------------------------------------------------------
\17\ See 8 CFR 214.2(f)(6).
---------------------------------------------------------------------------
How does an F-1 student who has received a DED-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 DED-related EAD. However, the F-1 nonimmigrant
student must demonstrate and provide documentation to the DSO of severe
economic hardship as a direct result of the current humanitarian crisis
in the Palestinian Territories. The DSO will then verify and update the
student's SEVIS record to enable the F-1 nonimmigrant student with DED
to reduce their 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 a DED-related EAD apply for
reinstatement to F-1 nonimmigrant student status after the noncitizen's
F-1 nonimmigrant student status has lapsed?
Yes. Current regulations permit certain students who fall out of F-
1 nonimmigrant student status to apply for reinstatement. See 8 CFR
214.2(f)(16). This provision might apply to students who worked on a
DED-related EAD or dropped their course load before February 14, 2024,
and therefore fell out of F-1 nonimmigrant status. The student must
satisfy the criteria set forth in the F-1 nonimmigrant student status
reinstatement regulations.
How long will this notice remain in effect?
This notice grants temporary relief through August 13, 2025,\18\ to
eligible F-1 nonimmigrant students. DHS will continue to monitor the
situation in the Palestinian Territories. Should the special provisions
authorized by this notice need modification or extension, DHS will
announce such changes in the Federal Register.
---------------------------------------------------------------------------
\18\ 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 August 14, 2025, provided the student satisfies the minimum
course load requirement in this notice.
---------------------------------------------------------------------------
[[Page 26161]]
Paperwork Reduction Act (PRA)
An F-1 nonimmigrant student seeking off-campus employment
authorization due to severe economic hardship resulting from the
current humanitarian crisis in the Palestinian Territories 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. 2024-07869 Filed 4-12-24; 11:15 am]
BILLING CODE 9111-CB-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 April 15, 2024.
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.