Notice2024-15082
Employment Authorization for Yemeni F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of the Current Crisis in Yemen
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 10, 2024
Issuing agencies
Homeland Security DepartmentU.S. Immigration and Customs Enforcement
Abstract
The Department of Homeland Security (DHS) is suspending certain regulatory requirements for F-1 nonimmigrant students from Yemen who are experiencing severe economic hardship as a direct result of the current crisis in Yemen. 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 132 (Wednesday, July 10, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 132 (Wednesday, July 10, 2024)]
[Notices]
[Pages 56759-56765]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-15082]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Immigration and Customs Enforcement
[Docket No. ICEB-2024-0007]
RIN 1653-ZA51
Employment Authorization for Yemeni F-1 Nonimmigrant Students
Experiencing Severe Economic Hardship as a Direct Result of the Current
Crisis in Yemen
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 F-1 nonimmigrant students from
Yemen who are experiencing severe economic hardship as a direct result
of the current crisis in Yemen. 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 covers eligible Yemeni F-1 nonimmigrant students
beginning on September 4, 2024, and ending on March 3, 2026.
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#abd8cedddbebc2c8ce85cfc3d885ccc4dd"><span class="__cf_email__" data-cfemail="bccfd9caccfcd5dfd992d8d4cf92dbd3ca">[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 Yemen regardless of country of birth (or
individuals having no nationality who last habitually resided in
Yemen), who are present in the United States in lawful F-1 nonimmigrant
student status on the date of publication of this notice, and who are
experiencing severe economic hardship as a direct result of the current
crisis in Yemen. The original notice, which applied to F-1 nonimmigrant
students who met certain criteria, including having been lawfully
present in the United States in F-1 nonimmigrant status on September 4,
2021, was effective from September 4, 2021, through March 3, 2023. See
86 FR 36288 (July 9, 2021). Most recently, DHS issued a notice which
applied to F-1 nonimmigrant students who met certain criteria,
including having been lawfully present in the United States in F-1
nonimmigrant status on January 3, 2023, that was effective from March
4, 2023, through September 3, 2024. See 88 FR 88 (Jan. 3, 2023).
Effective with this publication, suspension of the employment
limitations is available through March 3, 2026, for those who are in
lawful F-1 nonimmigrant status on the date of publication of this
notice. DHS will deem an F-1 nonimmigrant student granted employment
authorization through this notice to be engaged in a ``full course of
study'' for the duration of the employment authorization, if the
student satisfies the minimum course load set forth in this notice.\1\
See 8 CFR 214.2(f)(6)(i)(F).
---------------------------------------------------------------------------
\1\ Because the suspension of requirements under this notice
applies throughout an academic term during which the suspension is
in effect, DHS considers an F-1 nonimmigrant student who engages in
a reduced course load or employment (or both) after this notice is
effective to be engaging in a ``full course of study,'' see 8 CFR
214.2(f)(6), and eligible for employment authorization, through the
end of any academic term for which such student is matriculated as
of March 3, 2026, provided the student satisfies the minimum course
load requirements in this notice.
---------------------------------------------------------------------------
Who is covered by this notice?
This notice applies exclusively to F-1 nonimmigrant students who
meet all of the following conditions:
(1) Are a citizen of Yemen regardless of country of birth (or an
individual having no nationality who last habitually resided in Yemen);
(2) Were lawfully present in the United States on the date of
publication of this notice in F-1 nonimmigrant status under section
101(a)(15)(F)(i) of the Immigration and Nationality Act (INA), 8 U.S.C.
1101(a)(15)(F)(i);
(3) Are enrolled in an academic institution that is Student and
Exchange Visitor Program (SEVP)-certified for enrollment for F-1
nonimmigrant students;
(4) Are currently maintaining F-1 nonimmigrant status; and
(5) Are experiencing severe economic hardship as a direct result of
the current crisis in Yemen.
This notice applies to F-1 nonimmigrant students in an approved
private school in kindergarten through
[[Page 56760]]
grade 12, public school grades 9 through 12, and undergraduate and
graduate education. An F-1 nonimmigrant student covered by this notice
who transfers to another SEVP-certified academic institution remains
eligible for the relief provided by means of this notice.
Why is DHS taking this action?
DHS is taking action to provide relief to Yemeni F-1 nonimmigrant
students experiencing severe economic hardship due to the current
crisis in Yemen. Based on its review of country conditions in Yemen and
input received from the U.S. Department of State (DOS), DHS is taking
action to allow eligible F-1 nonimmigrant students from Yemen to
request employment authorization, work an increased number of hours
while school is in session, and reduce their course load while
continuing to maintain F-1 nonimmigrant student status.
The humanitarian situation in Yemen has worsened considerably in
the last 18 months. Thousands of civilians have reportedly been killed
or injured due to armed conflict between Houthi forces and forces loyal
to the internationally recognized government since the United Nations
(UN)-supported truce between the parties expired in October 2022.\2\
Additionally, the presence of consistent armed conflict has led to the
displacement of a large number of civilians, worsening an already grim
humanitarian situation.\3\ The heightened security concerns,
deteriorating humanitarian conditions, unstable economy, and other
emergent circumstances have adversely affected much of the Yemeni
population.
---------------------------------------------------------------------------
\2\ Yemen, Global Center for the Responsibility to Protect, May
31, 2024, available at <a href="https://www.globalr2p.org/countries/yemen/">https://www.globalr2p.org/countries/yemen/</a>
(last visited June 13, 2024).
\3\ Yemen--Complex Emergency Fact Sheet #5, Fiscal Year (FY)
2024, Apr. 5, 2024, pp. 5-6, available at <a href="https://reliefweb.int/report/yemen/yemen-complex-emergency-fact-sheet-5-fiscal-year-fy-2024">https://reliefweb.int/report/yemen/yemen-complex-emergency-fact-sheet-5-fiscal-year-fy-2024</a> (last visited June 13, 2024).
---------------------------------------------------------------------------
Security Concerns
Tactics used over the course of the conflict by the Houthi forces,
the Saudi-led coalition backing the internationally recognized
government,\4\ and domestic and international terrorist organizations
operating inside of Yemen have put civilians at significant risk from
conflict-related externalities following the UN-supported truce in
2022.\5\ Explosive remnants of war, which consist of unexploded
ordinances, improvised explosive devices (IEDs), and landmines, pose a
lasting threat to civilians in Yemen.\6\
---------------------------------------------------------------------------
\4\ Daniel L. Byman, Saudi Arabia and the United Arab Emirates
Have a Disastrous Yemen Strategy, Brookings Institution, July 17,
2018, available at <a href="https://www.brookings.edu/blog/order-from-chaos/2018/07/17/saudi-arabia-and-the-united-arab-emirates-have-a-disastrous-yemen-strategy">https://www.brookings.edu/blog/order-from-chaos/2018/07/17/saudi-arabia-and-the-united-arab-emirates-have-a-disastrous-yemen-strategy</a> (last visited June 13, 2024).
\5\ World Report--Yemen, Human Rights Watch 2023 World Report,
available at <a href="https://www.hrw.org/world-report/2022/country-chapters/yemen">https://www.hrw.org/world-report/2022/country-chapters/yemen</a>? (last visited June 13, 2024).
\6\ Yemen: Explosive remnants of war the biggest killer of
children since truce began, Save the Children, June 30, 2022,
available at <a href="https://www.savethechildren.net/news/yemen-explosive-remnants-war-biggest-killed-children-truce-began">https://www.savethechildren.net/news/yemen-explosive-remnants-war-biggest-killed-children-truce-began</a> (last visited June
13, 2024).
---------------------------------------------------------------------------
The DOS estimated that, as of April 2021, ``Houthi forces [have]
laid over one million landmines and IEDs across the country.'' \7\
Experts have warned that landmines, which are largely unmapped, will
pose a threat to human life for decades, even if a peace deal is
reached between the warring parties.\8\ As of 2023, there is evidence
that Houthis had continued to spread landmines across infrastructure
areas, water sources, and farmlands.\9\ The group has also refused to
share maps of landmines with mine removal authorities, making survival
all the more difficult for the civilian populations in the affected
areas.\10\
---------------------------------------------------------------------------
\7\ Daniel Gurley, Small Steps Have a Big Impact for Yemeni
Civilians, Department of State Dipnote: Military and Security, Apr.
6, 2021, available at <a href="https://www.state.gov/dipnote-u-s-department-of-state-official-blog/small-steps-have-a-big-impact-for-yemeni-civilians/">https://www.state.gov/dipnote-u-s-department-of-state-official-blog/small-steps-have-a-big-impact-for-yemeni-civilians/</a> (last visited June 13, 2024).
\8\ Land mines will be hidden killer in Yemen decades after war,
AP, Dec. 24, 2018, available at <a href="https://www.apnews.com/bce0a80324d040f09843ceb3e4e45c1e">https://www.apnews.com/bce0a80324d040f09843ceb3e4e45c1e</a> (last visited June 13, 2024).
\9\ World Report--Yemen, Human Rights Watch 2024 World Report,
available at <a href="https://www.hrw.org/world-report/2024/country-chapters/yemen">https://www.hrw.org/world-report/2024/country-chapters/yemen</a> (last visited June 13, 2024).
\10\ Id.
---------------------------------------------------------------------------
Humanitarian Concerns
The UN considers the humanitarian crisis in Yemen to be the largest
in the world, with an estimated 24 million people (or close to 80
percent of the population) needing assistance.\11\ In February 2024,
the World Food Program (WFP) estimated the number of food insecure
people was approximately 17 million, and that 18.6 million individuals
will need humanitarian assistance in 2024.\12\ Additionally, 2.2
million children between 6 to 59 months are under threat of acute
malnutrition.\13\ The United Nations High Commissioner for Refugees
(UNHCR) has stated that internally displaced persons (IDPs) in Yemen
are ``four times more likely to go hungry than the rest of the
population'' and that ``62 percent of internally displaced families in
Yemen have had to cut back on food.'' \14\ Moreover, a recent UN Food
and Agriculture Organization report warned that ``[i]ncreased military
activities in the Red Sea carries the risk of destruction of critical
infrastructure, including ports and storage facilities. This can hamper
the efficient distribution and storage of food in Yemen, further
worsening food insecurity.'' \15\ The WFP further announced in December
2023 that it would begin a ``pause in general food distributions in
areas under the control of the Sana'a-based authorities, due to limited
funding and no agreement with the authorities on a smaller programme.''
\16\ The latest development increases the likelihood that food
insecurity will remain a major concern across Yemen for the foreseeable
future.
---------------------------------------------------------------------------
\11\ The United Nations in Yemen, available at <a href="https://yemen.un.org/en/about/about-the-un">https://yemen.un.org/en/about/about-the-un</a> (last visited June 13, 2024).
\12\ Emergency, Yemen, World Food Program, Feb. 2024, available
at <a href="https://www.wfp.org/emergencies/yemen-emergency">https://www.wfp.org/emergencies/yemen-emergency</a> (last visited
June 13, 2024).
\13\ Yemen--World Food Programme, June 2022, available at
<a href="https://docs.wfp.org/api/documents/WFP-0000141295/download/">https://docs.wfp.org/api/documents/WFP-0000141295/download/</a> (last
visited June 13, 2024).
\14\ Get to know Fattoum, a displaced Yemeni mother who
struggles to take care of her orphaned children., UNHCR, Apr. 22,
2022, available at <a href="https://zakat.unhcr.org/blog/en/beneficiaries/fattoum">https://zakat.unhcr.org/blog/en/beneficiaries/fattoum</a> (last visited June 13, 2024).
\15\ Potential Impacts of Red Sea Crisis Escalation on Food
Insecurity in Yemen, UNFOA, Feb. 28, 2024, available at <a href="https://reliefweb.int/report/yemen/special-technical-paper-potential-impacts-red-sea-crisis-escalation-food-insecurity-yemen-issued-28th-february-2024">https://reliefweb.int/report/yemen/special-technical-paper-potential-impacts-red-sea-crisis-escalation-food-insecurity-yemen-issued-28th-february-2024</a> (last visited June 13, 2024).
\16\ Emergency, Yemen, World Food Program, Feb. 2024, available
at <a href="https://www.wfp.org/emergencies/yemen-emergency">https://www.wfp.org/emergencies/yemen-emergency</a> (last visited
June 13, 2024).
---------------------------------------------------------------------------
According to the International Committee of the Red Cross (ICRC),
Yemen's ``current water network reaches less than 30 percent of the
Yemeni population,'' leaving a majority of Yemenis to depend on
alternate means of obtaining water.\17\ The ICRC reported that
approximately 17.8 million people in Yemen (approximately 56 percent of
the population) do not currently have access to clean water and
sanitation.\18\ In December 2023, Human Rights Watch (HRW) reported
that the parties to the Yemeni conflict have had a direct negative
impact on civilian's access to water.\19\ HRW also reports that ``[t]he
Houthis have weaponized water in
[[Page 56761]]
Taizz by blocking water in the two basins under their control from
flowing into government-controlled Taizz city.'' \20\
---------------------------------------------------------------------------
\17\ The Water Situation in Yemen, ICRC, June 5, 2022, available
at <a href="https://www.icrc.org/en/document/water-situation-yemen">https://www.icrc.org/en/document/water-situation-yemen</a> (last
visited June 13, 2024).
\18\ Id.
\19\ Yemen: Warring Parties Deepen Water Crisis, Human Rights
Watch, Dec. 11, 2023, available at <a href="https://www.hrw.org/news/2023/12/11/yemen-warring-parties-deepen-water-crisis#">https://www.hrw.org/news/2023/12/11/yemen-warring-parties-deepen-water-crisis#</a> (last visited June 13,
2024).
\20\ Death is More Merciful Than This Life, Human Rights Watch,
Dec. 11, 2023, available at <a href="https://www.hrw.org/report/2023/12/11/death-more-merciful-life/houthi-and-yemeni-government-violations-right-water">https://www.hrw.org/report/2023/12/11/death-more-merciful-life/houthi-and-yemeni-government-violations-right-water</a> (last visited June 13, 2024).
---------------------------------------------------------------------------
In 2023, UNHCR recorded approximately 77,000 Yemeni refugees and
asylum-seekers in neighboring countries,\21\ and over 4.5 million IDPs
within Yemen.\22\ The number of IDPs represents approximately 13
percent of the population.\23\ In 2023, the United Nations
International Children's Emergency Fund reported that ``among the
19,943 newly registered displaced people, 88 percent were displaced due
to conflict, while 12 percent were displaced by torrential rains and
flooding.'' \24\ As of 2022, there were approximately 2 million IDPs
that were children, which represented approximately half of the IDP
population in Yemen at the time.\25\ As of 2024, the situation of IDPs
had not improved.\26\
---------------------------------------------------------------------------
\21\ Refugee Data Finder, The UN Refugee Agency, UNHCR,
available at <a href="https://www.unhcr.org/refugee-statistics/download/?url=So83fZ">https://www.unhcr.org/refugee-statistics/download/?url=So83fZ</a> (last visited June 13, 2024).
\22\ Yemen Humanitarian Needs Overview, OCHA, January 2024, p.
15, available at <a href="https://www.unocha.org/publications/report/yemen/yemen-humanitarian-needs-overview-2024-january-2024">https://www.unocha.org/publications/report/yemen/yemen-humanitarian-needs-overview-2024-january-2024</a> (last visited
June 13, 2024).
\23\ Yemen-Complex Emergency, Fact Sheet #4, FY 2023, USAID,
Feb. 10, 2023, available at <a href="https://www.usaid.gov/sites/default/files/2023-02/2023-02-10_USG_Yemen_Complex_Emergency_Fact_Sheet_4.pdf">https://www.usaid.gov/sites/default/files/2023-02/2023-02-10_USG_Yemen_Complex_Emergency_Fact_Sheet_4.pdf</a> (last visited June
13, 2024).
\24\ Humanitarian Situation Report No. 3, Dec. 11, 2023, UNICEF,
p. 6, available at <a href="https://www.unicef.org/documents/yemen-humanitarian-situation-report-no-3-30-september-2023">https://www.unicef.org/documents/yemen-humanitarian-situation-report-no-3-30-september-2023</a> (last visited
June 13, 2024).
\25\ Migration and Displacement Country Profiles, Yemen, 2022,
available at <a href="https://data.unicef.org/resources/migration-and-displacement-country-profiles-mdcp/">https://data.unicef.org/resources/migration-and-displacement-country-profiles-mdcp/</a> (last visited June 13, 2024).
\26\ Yemen--Complex Emergency, Fact Sheet #5 FY 2024, USAID,
Apr. 5, 2024, available at <a href="https://reliefweb.int/report/yemen/yemen-complex-emergency-fact-sheet-5-fiscal-year-fy-2024">https://reliefweb.int/report/yemen/yemen-complex-emergency-fact-sheet-5-fiscal-year-fy-2024</a> (last visited
June 13, 2024).
---------------------------------------------------------------------------
Economic Concerns
The World Bank reported that in Yemen, as of April 14, 2022,
``[e]conomic conditions continue to deteriorate, and the acute
humanitarian crisis persists.'' \27\ Official statistics about the
status of Yemen's economy are no longer being produced making it
difficult to obtain reliable economic information.\28\ Available data
indicates an economy that continues to weaken.\29\ Yemen's economy was
primarily an informal economy with remittances from abroad and foreign
aid being the two primary sources of funding \30\ for essential
commodities.\31\ As of early 2024, over 90 percent of the food in Yemen
was imported,\32\ and the Russian invasion of Ukraine and associated
sanctions are expected to negatively impact the importation of key
commodities, like oil and food, to Yemen.\33\ Additionally, recent
``disruptions in oil exports due to Houthi attacks on ports have caused
the [Yemeni] Rial to drop.'' \34\
---------------------------------------------------------------------------
\27\ Republic of Yemen, World Bank Economic Update, Apr. 14,
2022, available at <a href="https://thedocs.worldbank.org/en/doc/de816119d04a4e82a9c380bfd02dbc3a-0280012022/original/mpo-sm22-yemen-yem-kcm.pdf">https://thedocs.worldbank.org/en/doc/de816119d04a4e82a9c380bfd02dbc3a-0280012022/original/mpo-sm22-yemen-yem-kcm.pdf</a> (last visited June 13, 2024).
\28\ Id.
\29\ Yemen Country Economic Memorandum: Glimmers of Hope in Dark
Times, The World Bank, May 30, 2023, at xvi, available at <a href="https://documents1.worldbank.org/curated/en/099050923091537357/pdf/P17826203eb7ac0030b5540af4456d0dd7c.pdf">https://documents1.worldbank.org/curated/en/099050923091537357/pdf/P17826203eb7ac0030b5540af4456d0dd7c.pdf</a> (last visited June 13,
2024).
\30\ Id.
\31\ Yemen--Comple, Fact Sheet #6 FY 2024, USAID, May 7, 2024,
p. 4, available at <a href="https://www.usaid.gov/sites/default/files/2024-05/2024-05-07_USG_Yemen_Complex_Emergency_Fact_Sheet_6.pdf">https://www.usaid.gov/sites/default/files/2024-05/2024-05-07_USG_Yemen_Complex_Emergency_Fact_Sheet_6.pdf</a> (last
visited June 13, 2024).
\32\ Yemen: Conflict, Maritime Attacks, and U.S. Policy,
Congressional Research Services, Feb. 26, 2024, available at <a href="https://crsreports.congress.gov/product/pdf/IF/IF12581">https://crsreports.congress.gov/product/pdf/IF/IF12581</a> (last visited June
13, 2024).
\33\ Republic of Yemen, World Bank Economic Update, Apr. 14,
2022, available at <a href="https://thedocs.worldbank.org/en/doc/de816119d04a4e82a9c380bfd02dbc3a-0280012022/original/mpo-sm22-yemen-yem-kcm.pdf">https://thedocs.worldbank.org/en/doc/de816119d04a4e82a9c380bfd02dbc3a-0280012022/original/mpo-sm22-yemen-yem-kcm.pdf</a> (last visited June 13, 2024).
\34\ Yemen Central Bank Acts to Stop Currency Collapse, Money
Laundering, Asharq Al-Awsat News, Feb. 14, 2024, available at
<a href="https://english.aawsat.com/arab-world/4853331-yemen-central-bank-acts-stop-currency-collapse-money-laundering">https://english.aawsat.com/arab-world/4853331-yemen-central-bank-acts-stop-currency-collapse-money-laundering</a> (last visited June 13,
2024).
---------------------------------------------------------------------------
As of June 10, 2024, 255 F-1 nonimmigrant students from Yemen are
enrolled at SEVP-certified academic institutions in the United States.
Given the extent of the current crisis in Yemen, affected students
whose primary means of financial support comes from Yemen may need to
be exempt from the normal student employment requirements to continue
their studies in the United States. The current crisis has made it
unfeasible for many students to safely return to Yemen for the
foreseeable future. Without employment authorization, these students
may lack the means to meet basic living expenses.
What is the minimum course load requirement to maintain valid F-1
nonimmigrant status under this notice?
Undergraduate F-1 nonimmigrant students who receive on-campus or
off-campus employment authorization under this notice must remain
registered for a minimum of six semester or quarter hours of
instruction per academic term. Undergraduate F-1 nonimmigrant students
enrolled in a term of different duration must register for at least one
half of the credit hours normally required under a ``full course of
study.'' See 8 CFR 214.2(f)(6)(i)(B) and (F). A graduate-level F-1
nonimmigrant student who receives on-campus or off-campus employment
authorization under this notice must remain registered for a minimum of
three semester or quarter hours of instruction per academic term. See 8
CFR 214.2(f)(5)(v). Nothing in this notice affects the applicability of
other minimum course load requirements set by the academic institution.
In addition, an F-1 nonimmigrant student (either undergraduate or
graduate) granted on-campus or off-campus employment authorization
under this notice may count up to the equivalent of one class or three
credits per session, term, semester, trimester, or quarter of online or
distance education toward satisfying this minimum course load
requirement, unless their course of study is in an English language
study program. See 8 CFR 214.2(f)(6)(i)(G). An F-1 nonimmigrant student
attending an approved private school in kindergarten through grade 12
or public school in grades 9 through 12 must maintain ``class
attendance for not less than the minimum number of hours a week
prescribed by the school for normal progress toward graduation,'' as
required under 8 CFR 214.2(f)(6)(i)(E). Nothing in this notice affects
the applicability of federal and state labor laws limiting the
employment of minors.
May an eligible F-1 nonimmigrant student who already has on-campus or
off-campus employment authorization benefit from the suspension of
regulatory requirements under this notice?
Yes. An F-1 nonimmigrant student who is a Yemeni citizen,
regardless of country of birth (or an individual having no nationality
who last habitually resided in Yemen), who already has on-campus or
off-campus employment authorization and is otherwise eligible may
benefit under this notice, which suspends certain regulatory
requirements relating to the minimum course load requirement under 8
CFR 214.2(f)(6)(i) and certain employment eligibility requirements
under 8 CFR 214.2(f)(9). Such an eligible F-1 nonimmigrant student may
benefit without having to apply for a new Form I-766, Employment
Authorization Document (EAD). To benefit from this notice, the F-1
nonimmigrant student must request that their designated school official
(DSO) enter the following
[[Page 56762]]
statement in the remarks field of the student's Student and Exchange
Visitor Information System (SEVIS) record, which the student's Form I-
20, Certificate of Eligibility for Nonimmigrant (F-1) Student Status,
will reflect:
Approved for more than 20 hours per week of [DSO must insert
``on-campus'' or ``off-campus,'' depending upon the type of
employment authorization the student already has] employment
authorization and reduced course load under the Special Student
Relief authorization from [DSO must insert the beginning date of the
notice or the beginning date of the student's employment, whichever
date is later] until [DSO must insert either the student's program
end date, the current EAD expiration date (if the student is
currently authorized for off-campus employment), or the end date of
this notice, whichever date comes first].\35\
---------------------------------------------------------------------------
\35\ 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 March 3, 2026, 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'' \36\ 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.
---------------------------------------------------------------------------
\36\ 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, consistent with 8
CFR 214.2(f)(15)(i).
Will the suspension of the applicability of the standard student
employment requirements apply to an individual who receives an initial
F-1 visa and makes an initial entry into the United States after the
effective date of this notice in the Federal Register?
No. The suspension of the applicability of the standard regulatory
requirements only applies to certain F-1 nonimmigrant students who meet
the following conditions:
(1) Are a citizen of Yemen regardless of country of birth (or an
individual having no nationality who last habitually resided in Yemen);
(2) Were lawfully present in the United States on the date of
publication of this notice in F-1 nonimmigrant status, under section
101(a)(15)(F)(i) of the INA, 8 U.S.C. 1101(a)(15)(F)(i);
(3) Are enrolled in an academic institution that is SEVP-certified
for enrollment of F-1 nonimmigrant students;
(4) Are maintaining F-1 nonimmigrant status; and
(5) Are experiencing severe economic hardship as a direct result of
the current crisis in Yemen.
An F-1 nonimmigrant student who does not meet all these
requirements is ineligible for the suspension of the applicability of
the standard regulatory requirements (even if experiencing severe
economic hardship as a direct result of the current crisis in Yemen).
Does this notice apply to a continuing F-1 nonimmigrant student who
departs the United States after the effective date of this notice in
the Federal Register and who needs to obtain a new F-1 visa before
returning to the United States to continue an educational program?
Yes. This notice applies to such an F-1 nonimmigrant student, but
only if the DSO has properly notated the student's SEVIS record, which
will then appear on the student's Form I-20. The normal rules for visa
issuance remain applicable to a nonimmigrant who needs to apply for a
new F-1 visa to continue an educational program in the United States.
Does this notice apply to elementary school, middle school, and high
school students in F-1 status?
Yes. However, this notice does not by itself reduce the required
course load for F-1 nonimmigrant students from Yemen enrolled in
kindergarten through grade 12 at a private school, or grades 9 through
12 at a public high school. Such students must maintain the minimum
number of hours of class attendance per week prescribed by the academic
institution for normal progress toward graduation, as required under 8
CFR 214.2(f)(6)(i)(E). The suspension of certain regulatory
requirements related to employment through this notice is applicable to
all eligible F-1 nonimmigrant students regardless of educational level.
Eligible F-1 nonimmigrant students from Yemen enrolled in an elementary
school, middle school, or high school may benefit from the suspension
of the requirement in 8 CFR 214.2(f)(9)(i) that limits on-campus
employment to 20 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].\37\
---------------------------------------------------------------------------
\37\ Because the suspension of requirements under this notice
applies throughout an academic term during which the suspension is
in effect, DHS considers an F-1 nonimmigrant student who engages in
a reduced course load or employment (or both) after this notice is
effective to be engaging in a ``full course of study,'' see 8 CFR
214.2(f)(6), and eligible for employment authorization, through the
end of any academic term for which such student is matriculated as
of March 3, 2026, provided the student satisfies the minimum course
load requirements in this notice.
[[Page 56763]]
---------------------------------------------------------------------------
To obtain on-campus employment authorization, the F-1 nonimmigrant
student must demonstrate to the DSO that the employment is necessary to
avoid severe economic hardship directly resulting from the current
crisis in Yemen. An F-1 nonimmigrant student authorized by the DSO to
engage in on-campus employment by means of this notice does not need to
file any applications with U.S. Citizenship and Immigration Services
(USCIS). The standard rules permitting full-time 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'' \38\ 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.\39\
---------------------------------------------------------------------------
\38\ See 8 CFR 214.2(f)(6).
\39\ 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'' \40\ 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.\41\
---------------------------------------------------------------------------
\40\ See 8 CFR 214.2(f)(6).
\41\ Minimum course load requirement for enrollment in a school
must be established in a publicly available document (e.g., catalog,
website, or operating procedure), and it must be a standard
applicable to all students (U.S. citizens and foreign students)
enrolled at the school.
---------------------------------------------------------------------------
How may an eligible F-1 nonimmigrant student obtain employment
authorization for off-campus employment with a reduced course load
under this notice?
An F-1 nonimmigrant student must file a Form I-765, Application for
Employment Authorization, with USCIS to apply for off-campus employment
authorization based on severe economic hardship directly resulting from
the current crisis in Yemen.\42\ Filing instructions are located at
<a href="https://www.uscis.gov/i-765">https://www.uscis.gov/i-765</a>.
---------------------------------------------------------------------------
\42\ 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 crisis in Yemen.
If the DSO agrees that the F-1 nonimmigrant student is entitled to
receive such employment authorization, the DSO must recommend
application approval to USCIS by entering the 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].\43\
---------------------------------------------------------------------------
\43\ Because the suspension of requirements under this notice
applies throughout an academic term during which the suspension is
in effect, DHS considers an F-1 nonimmigrant student who engages in
a reduced course load or employment (or both) after this notice is
effective to be engaging in a ``full course of study,'' see 8 CFR
214.2(f)(6), and eligible for employment authorization, through the
end of any academic term for which such student is matriculated as
of March 3, 2026, provided the student satisfies the minimum course
load requirements in this notice.
The F-1 nonimmigrant student must then file the properly endorsed
Form I-20 and Form I-765 according to the instructions for the Form I-
765. The F-1 nonimmigrant student may begin working off campus only
upon receipt of the EAD from USCIS.
DSO recommendation. In making a recommendation that an F-1
nonimmigrant student be approved for Special Student Relief, the DSO
certifies that:
(a) The F-1 nonimmigrant student is in good academic standing and
is carrying a ``full course of study'' \44\ at the
[[Page 56764]]
time of the request for employment authorization;
---------------------------------------------------------------------------
\44\ See 8 CFR 214.2(f)(6).
---------------------------------------------------------------------------
(b) The F-1 nonimmigrant student is a citizen of Yemen, regardless
of country of birth (or an individual having no nationality who last
habitually resided in Yemen), and is experiencing severe economic
hardship as a direct result of the current crisis in Yemen, as
documented on the Form I-20;
(c) The F-1 nonimmigrant student has confirmed that the student
will comply with the reduced course load requirements of this notice
and register for the duration of the authorized employment for a
minimum of six semester or quarter hours of instruction per academic
term if at the undergraduate level, or for a minimum of three semester
or quarter hours of instruction per academic term if the student is at
the graduate level; \45\ and
---------------------------------------------------------------------------
\45\ 8 CFR 214.2(f)(5)(v).
---------------------------------------------------------------------------
(d) The off-campus employment is necessary to alleviate severe
economic hardship to the individual as a direct result of the current
crisis in Yemen.
Processing. To facilitate prompt adjudication of the student's
application for off-campus employment authorization under 8 CFR
214.2(f)(9)(ii)(C), the F-1 nonimmigrant student should do both of the
following:
(a) Ensure that the application package includes 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.'' \46\ Failure to include this notation may
result in significant processing delays.
---------------------------------------------------------------------------
\46\ 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,\47\ under this notice has two options.
---------------------------------------------------------------------------
\47\ See DHS Study in the States, Special Student Relief,
available at <a href="https://studyinthestates.dhs.gov/students/special-student-relief">https://studyinthestates.dhs.gov/students/special-student-relief</a> (last visited Feb. 28, 2024).
---------------------------------------------------------------------------
Under the first option, the F-1 nonimmigrant student may apply for
TPS according to the instructions in the USCIS notice designating Yemen
for TPS elsewhere in this issue of the Federal Register. All TPS
applicants must file a Form I-821, Application for Temporary Protected
Status, with the appropriate fee (or request a fee waiver). Although
not required to do so, if F-1 nonimmigrant students want to obtain a
new TPS-related EAD that is valid through March 3, 2026, and to be
eligible for automatic EAD extensions that may be available to certain
EADs with an A-12 or C-19 category code, they must file Form I-765 and
pay the Form I-765 fee (or request a fee waiver). After receiving the
TPS-related EAD, an F-1 nonimmigrant student may request that their DSO
make the required entry in SEVIS and issue an updated Form I-20, which
notates that the nonimmigrant student has been authorized to carry a
reduced course load, as described in this notice. As long as the F-1
nonimmigrant student maintains the minimum course load described in
this notice, does not otherwise violate their nonimmigrant status,
including as provided under 8 CFR 214.1(g), and maintains TPS, then the
student maintains F-1 status and TPS concurrently.
Under the second option, the F-1 nonimmigrant student may apply for
an EAD under Special Student Relief by filing Form I-765 with the
location specified in the filing instructions. At the same time, the F-
1 nonimmigrant student may file a separate TPS application but must
submit the Form I-821 according to the instructions provided in the
Federal Register notice designating Yemen for TPS. If the F-1
nonimmigrant student has already applied for employment authorization
under Special Student Relief, they are not required to submit the Form
I-765 as part of the TPS application. However, some nonimmigrant
students may wish to obtain a TPS-related EAD in light of certain
extensions that may be available to EADs with an A-12 or C-19 category
code that are not available to 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'' \48\ 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).
---------------------------------------------------------------------------
\48\ See 8 CFR 214.2(f)(6).
---------------------------------------------------------------------------
How does a student who has received a TPS-related EAD then apply for
authorization to take a reduced course load under this notice?
There is no further application process with USCIS if a student has
been approved for a TPS-related EAD. The F-1 nonimmigrant student must
demonstrate and provide documentation to the DSO of the direct economic
hardship resulting from the current crisis in Yemen. The DSO will then
verify and update the student's record in SEVIS to enable the F-1
[[Page 56765]]
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 March 3, 2026,\49\ to
eligible F-1 nonimmigrant students. DHS will continue to monitor the
situation in Yemen. Should the special provisions authorized by this
notice need modification or extension, DHS will announce such changes
in the Federal Register.
---------------------------------------------------------------------------
\49\ 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 March 3, 2026, provided the student satisfies the minimum course
load requirements in this notice.
---------------------------------------------------------------------------
Paperwork Reduction Act (PRA)
An F-1 nonimmigrant student seeking off-campus employment
authorization due to severe economic hardship resulting from the
current crisis in Yemen must demonstrate to the DSO that this
employment is necessary to avoid severe economic hardship. A DSO who
agrees that a nonimmigrant student should receive such employment
authorization must recommend an application approval to USCIS by
entering information in the remarks field of the student's SEVIS
record. The authority to collect this information is in the SEVIS
collection of information currently approved by the Office of
Management and Budget (OMB) under OMB Control Number 1653-0038.
This notice also allows an eligible F-1 nonimmigrant student to
request employment authorization, work an increased number of hours
while the academic institution is in session, and reduce their course
load while continuing to maintain F-1 nonimmigrant student status.
To apply for employment authorization, certain F-1 nonimmigrant
students must complete and submit a currently approved Form I-765
according to the instructions on the form. OMB has previously approved
the collection of information contained on the current Form I-765,
consistent with the PRA (OMB Control 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. 2024-15082 Filed 7-8-24; 11:15 am]
BILLING CODE 9111-97-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 July 10, 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.