Notice2024-15788
Employment Authorization for Somali F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of the Current Crisis in Somalia
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 22, 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 Somalia who are experiencing severe economic hardship as a direct result of the current crisis in Somalia. 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
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<title>Federal Register, Volume 89 Issue 140 (Monday, July 22, 2024)</title>
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[Federal Register Volume 89, Number 140 (Monday, July 22, 2024)]
[Notices]
[Pages 59129-59135]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-15788]
[[Page 59129]]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Immigration and Customs Enforcement
[Docket No. ICEB-2024-0008]
RIN 1653-ZA52
Employment Authorization for Somali F-1 Nonimmigrant Students
Experiencing Severe Economic Hardship as a Direct Result of the Current
Crisis in Somalia
AGENCY: U.S. Immigration and Customs Enforcement; Department of
Homeland Security.
ACTION: Notice.
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SUMMARY: The Department of Homeland Security (DHS) is suspending
certain regulatory requirements for F-1 nonimmigrant students from
Somalia who are experiencing severe economic hardship as a direct
result of the current crisis in Somalia. 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 Somali F-1 nonimmigrant students
beginning on September 18, 2024, and ending on March 17, 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#7f0c1a090f3f161c1a511b170c51181009"><span class="__cf_email__" data-cfemail="f380968583b39a9096dd979b80dd949c85">[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 Somalia regardless of country of birth (or
individuals having no nationality who last habitually resided in
Somalia), 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 Somalia. 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 18, 2021, was effective from September 18, 2021, through
March 17, 2023. See 86 FR 38739 (July 22, 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 March 13, 2023, was effective from
March 18, 2023, through September 17, 2024. See 88 FR 15427 (Mar. 13,
2023). Effective with this publication, suspension of the employment
limitations is available through March 17, 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).
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\1\ Because the suspension of requirements under this notice
applies throughout an academic term during which the suspension is
in effect, DHS considers an F-1 nonimmigrant student who engages in
a reduced course load or employment (or both) after this notice is
effective to be engaging in a ``full course of study,'' see 8 CFR
214.2(f)(6), and eligible for employment authorization, through the
end of any academic term for which such student is matriculated as
of March 17, 2026, provided the student satisfies the minimum course
load requirements in this notice.
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Who is covered by this notice?
This notice applies exclusively to F-1 nonimmigrant students who
meet all of the following conditions:
(1) Are a citizen of Somalia regardless of country of birth (or an
individual having no nationality who last habitually resided in
Somalia);
(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 Somalia.
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 Somali F-1 nonimmigrant
students experiencing severe economic hardship due to the current
crisis in Somalia. Based on its review of country conditions in Somalia
and input received from the U.S. Department of State (DOS), DHS is
taking action to allow eligible F-1 nonimmigrant students from Somalia
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.
Somalia faces multiple and competing security threats, including
political instability, frequent attacks from international terrorist
organizations, like Al-Shabaab, and inter-clan violence.\2\
Additionally, the already bleak and widespread humanitarian situation
has been exacerbated by droughts, disease, and general lack of access
to essential goods like food, clean water, and medical supplies.\3\
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\2\ Humanitarian Action for Children 2024--Somalia, UNICEF, Dec.
28, 2023, available at <a href="https://reliefweb.int/report/somalia/humanitarian-action-children-2024-somalia">https://reliefweb.int/report/somalia/humanitarian-action-children-2024-somalia</a> (last visited on Mar. 12,
2024).
\3\ Id.
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Security Concerns
Somali President, Hassan Sheikh Mohamud, announced ``total war''
against Al-Shabaab in 2022 after the group attacked a popular hotel in
Somalia's capital, Mogadishu, in August of that year, killing 21
people.\4\ The Somali government launched a series of counter-
insurgency operations against Al-Shabaab, beginning in central Somalia
and expanding to southern Somalia.\5\ These operations resulted in
[[Page 59130]]
an increase of Al-Shabaab-led attacks throughout Somalia, particularly
in Mogadishu.\6\ In October 2023, the head of the African Union
Transition Mission in Somalia stated that Al-Shabaab remains the main
threat to Somalia and the region.\7\ In addition to the Al-Shabaab-led
attacks, the Islamic State of Iraq and the Levant (ISIL) \8\ faction in
Somalia continues to function and carry out attacks in the Puntland
state.\9\ For example, in February 2023, ISIL-Somalia claimed
responsibility for an improvised explosive device incident which
targeted a convoy of electoral delegates traveling through the Bari
Region of Somalia.\10\
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\4\ Al Shabab: Are militant attacks on the rise in Somalia, BBC
News, Nov. 2, 2022, available at <a href="https://www.bbc.com/news/world-africa-49908716">https://www.bbc.com/news/world-africa-49908716</a> (last visited on Mar. 8, 2024).
\5\ Somalia: The Government and al-Shabaab Vie for the Support
of Clan Militias, ACLED, Sept. 15, 2023, available at <a href="https://acleddata.com/2023/09/15/somalia-situation-update-september-2023-the-government-and-al-shabaab-vie-over-the-support-of-clan-militias/">https://acleddata.com/2023/09/15/somalia-situation-update-september-2023-the-government-and-al-shabaab-vie-over-the-support-of-clan-militias/</a>
(last visited on Mar. 8, 2024). Somalia is divided into18
administrative regions (including Somaliland and Puntland). These
regions are: Gedo, Middle Juba and Lower Juba (in Jubbaland state);
Bakool, Bay and Lower Shabelle (in South-West state); Benadir
(Banaadir)/Mogadishu (BRA); Hiraan and Middle Shabelle (in
Hirshabelle state); Galgaduud and Mudug (in Galmudug state); Nugal
and Bari (in Puntland state); Sool and Sanaag (contested between
Puntland and Somaliland); Togdheer, Awdal and Woogoyi Galbeed (in
Somaliland state). Somalia Security Situation, Country of Origin
Information Report, European Asylum Support Office, Sept. 2021,
available at <a href="https://euaa.europa.eu/sites/default/files/publications/2021_09_EASO_COI_Report_Somalia_Security_situation_new_AC.pdf">https://euaa.europa.eu/sites/default/files/publications/2021_09_EASO_COI_Report_Somalia_Security_situation_new_AC.pdf</a> (last visited on Mar. 20, 2024).
\6\ Statement by Special Representative of the Secretary-General
Catriona Laing to the Security Council on the Situation on Somalia,
United Nations Assistance Mission in Somalia (UNSOM), Oct. 19, 2023,
available at <a href="https://reliefweb.int/report/somalia/statement-special-representative-secretary-general-catriona-laing-security-council-situation-somalia">https://reliefweb.int/report/somalia/statement-special-representative-secretary-general-catriona-laing-security-council-situation-somalia</a> (last visited on Mar. 8, 2024).
\7\ As African Union Mission in Somalia Draws Down, Al-Shabaab
Remains Threat to Country, Region, Special Representative Tells
Security Council, UN News, Oct. 19, 2023, available at <a href="https://press.un.org/en/2023/sc15457.doc.htm">https://press.un.org/en/2023/sc15457.doc.htm</a> (last visited on Mar. 8, 2024).
\8\ ISIL is also known as DAESH or DA'ISH, an acronym for its
name in Arabic. The group was designated as a Foreign Terrorist
Organization on December 17, 2004. See 69 FR 75587 (Dec. 17, 2004);
see also, Counter Terrorism Guide-Islamic State of Iraq and the
Levant, National Counterterrorism Center, available at <a href="https://www.dni.gov/nctc/groups/isil.html">https://www.dni.gov/nctc/groups/isil.html</a> (last visited on June 3, 2024).
\9\ Somalia: Protection Analysis Update (Feb. 2022), Global
Protection Cluster/UN High Commissioner for Refugees, Feb. 9, 2022,
available at <a href="https://reliefweb.int/report/somalia/somalia-protection-analysis-update-february-2022">https://reliefweb.int/report/somalia/somalia-protection-analysis-update-february-2022</a> (last visited on Mar. 20,
2024). In Puntland State, both the ISIL or DAESH and Al-Shabaab are
present in the region. Id. The ISIL-Somalia fighters broke away from
Al-Shabaab in 2015. See Foreign Terrorist Organizations: ISIS-
SOMALIA, DNI, Sept 2022, available at <a href="https://www.dni.gov/nctc/ftos/isis_somalia_fto.html">https://www.dni.gov/nctc/ftos/isis_somalia_fto.html</a> (last visited June 3, 2024).
\10\ Situation in Somalia--Report of the Secretary-General
(covering Feb-June 2023), UN Security Council, June 15, 2023,
available at <a href="https://reliefweb.int/report/somalia/situation-somalia-report-secretary-general-s2023443-enarruzh">https://reliefweb.int/report/somalia/situation-somalia-report-secretary-general-s2023443-enarruzh</a> (last visited on Mar. 8,
2024).
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Additionally, inter-clan violence remains a security concern in
Somalia.\11\ DOS reported in April 2023 that ``[c]lan-based political
violence involved revenge killings and attacks on civilian
settlements.'' \12\ In February 2023, the UN Independent Expert on the
Situation of Human Rights in Somalia expressed ``alarm at the high
number of civilian casualties'' in the country, and called ``upon all
parties involved in the clashes to fully respect their obligations
under international law, in particular with regard to the protection of
civilians.'' \13\ Furthermore, in an October 2023 statement to the UN
Security Council, the UN Special Representative for Somalia reported
that ``Conflicts in Somalia continue to take a heavy toll on civilians.
Last year [2022], we saw the largest increase in civilian casualties
since 2017. Sadly, early data indicate a similar trend in 2023, with
1,289 civilian casualties recorded so far.'' \14\
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\11\ 2022 Country Reports on Human Rights Practices: Somalia,
U.S. Department of State, Apr. 12, 2023, available at <a href="https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/somalia/">https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/somalia/</a> (last visited on Mar. 12, 2024).
\12\ Id.
\13\ Situation in Somalia--Report of the Secretary-General
(covering Feb-June 2023), UN Security Council, June 15, 2023,
available at <a href="https://reliefweb.int/report/somalia/situation-somalia-report-secretary-general-s2023443-enarruzh">https://reliefweb.int/report/somalia/situation-somalia-report-secretary-general-s2023443-enarruzh</a> (last visited on Mar. 8,
2024).
\14\ Statement by Special Representative of the Secretary-
General Catriona Laing to the Security Council on the situation in
Somalia, UNSOM, Oct. 19, 2023, available at <a href="https://unsos.unmissions.org/sites/default/files/19102023_srsg_statement_as_delivered.pdf">https://unsos.unmissions.org/sites/default/files/19102023_srsg_statement_as_delivered.pdf</a> (last visited on Apr. 24,
2024).
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Humanitarian Concerns
In 2024, 6.9 million people are estimated to require humanitarian
and protection assistance.\15\ In January 2024, the UN Office for the
Coordination of Humanitarian Affairs (UNOCHA) reported that civilians
in Somalia face multiple risks, including ``gender-based violence,
kidnapping and abduction, discrimination, family separation, abuse,
forced eviction and destruction of properties, presence of mines and
other explosive ordnance, civilian death or injury, and child
recruitment into armed groups, among others.'' \16\ Per UNOCHA, between
January and October 2023, more than 120,000 people were evicted from
privately owned sites, ``sixty percent of whom were in Mogadishu.''
\17\
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\15\ Somalia 2024 Humanitarian Needs and Response Plan, UNOCHA,
Jan. 30, 2024, available at <a href="https://reliefweb.int/report/somalia/somalia-2024-humanitarian-needs-and-response-plan-hnrp">https://reliefweb.int/report/somalia/somalia-2024-humanitarian-needs-and-response-plan-hnrp</a> (last visited
on Mar. 12, 2024).
\16\ Id.
\17\ Id.
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As of February 2024, UNOCHA reported that there were 3.8 million
people displaced in Somalia.\18\ In addition, more than 80 percent of
the displaced population in Somalia ``are women and children who face
significant protection risks.'' \19\ UNOCHA assessed that ``lack of
food, drought-reduced access to water was the key driver for
displacement in the first half of 2023.'' \20\ UNOCHA further noted
that ``the number of people newly or re-displaced due to conflict and
insecurity in 2023-653,000 people--also stood at an all-time high [for
Somalia].'' \21\
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\18\ Somalia Fact Sheet--Key Figures, UNOCHA, Feb. 29, 2024,
available at <a href="https://reliefweb.int/report/somalia/somalia-factsheet-key-figures-29-feb-2024?_gl=1*1okgrm2*_ga*OTI1NTY0MTI2LjE2NzQ2NzM4NjU.*_ga_E60ZNX2F68*MTcxMDg2Nzg5MC4xMDMuMS4xNzEwODY5MzQzLjYwLjAuMA">https://reliefweb.int/report/somalia/somalia-factsheet-key-figures-29-feb-2024?_gl=1*1okgrm2*_ga*OTI1NTY0MTI2LjE2NzQ2NzM4NjU.*_ga_E60ZNX2F68*MTcxMDg2Nzg5MC4xMDMuMS4xNzEwODY5MzQzLjYwLjAuMA</a> (last visited on Mar.
20, 2024).
\19\ Somalia 2024 Humanitarian Needs and Response Plan, UNOCHA,
Jan. 30, 2024, available at <a href="https://reliefweb.int/report/somalia/somalia-2024-humanitarian-needs-and-response-plan-hnrp">https://reliefweb.int/report/somalia/somalia-2024-humanitarian-needs-and-response-plan-hnrp</a> (last visited
on Mar. 12, 2024).
\20\ Id.
\21\ Id.
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In its annual report covering 2023, Human Rights Watch assessed
that ``[t]he humanitarian situation in Somalia remain[s] dire.'' \22\
In a December 2023 report, the World Food Programme (WFP) reported that
``Poverty is widespread, with seven out of ten Somalis living on less
than USD 1.90 a day.'' \23\ In the same report, the WFP stated that,
``malnutrition is driven by chronic food insecurity, poor infant and
young child feeding practices, diseases, limited access to clean water,
sanitation, and health.'' \24\ The WFP also noted that ``1.5 million
children under the age of five are estimated to suffer from acute
malnutrition in 2023.'' \25\ Additionally, UNOCHA reported that ``4.3
million people--almost one fourth of Somalia's population [of 17
million \26\]--remain acutely food insecure in 2024.'' \27\
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\22\ Somalia, Human Rights Watch, Jan. 11, 2024, available at
<a href="https://www.hrw.org/world-report/2024/country-chapters/somalia#fa7e90">https://www.hrw.org/world-report/2024/country-chapters/somalia#fa7e90</a> (last visited on Mar. 19, 2024).
\23\ Somalia Country Brief, WFP, Dec. 2023, available at <a href="https://reliefweb.int/report/somalia/wfp-somalia-country-brief-december-2023">https://reliefweb.int/report/somalia/wfp-somalia-country-brief-december-2023</a> (last visited on Mar. 12, 2024).
\24\ Id.
\25\ Id.
\26\ Somalia Country Brief, WFP, Dec. 2023, available at <a href="https://reliefweb.int/report/somalia/wfp-somalia-country-brief-december-2023">https://reliefweb.int/report/somalia/wfp-somalia-country-brief-december-2023</a> (last visited on Mar. 14, 2024).
\27\ Somalia 2024 Humanitarian Needs and Response Plan, UNOCHA,
Jan. 30, 2024, available at <a href="https://reliefweb.int/report/somalia/somalia-2024-humanitarian-needs-and-response-plan-hnrp">https://reliefweb.int/report/somalia/somalia-2024-humanitarian-needs-and-response-plan-hnrp</a> (last visited
on Mar. 12, 2024).
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Concurrent disease outbreaks have also impacted ``the health and
the lives of the crisis-affected populations of Somalia.'' \28\ In
February 2024, the Somalia Ministry of Health and Human Services
further assessed that ``the ongoing cholera outbreak can be attributed
to a growing number of people, who lack access to safe water and proper
sanitation.'' \29\
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\28\ Id.
\29\ Acute Water Diarrhea/Cholera Weekly Epidemiological Report,
Ministry of Health and Human Services, Federal Government of
Somalia, Feb. 19-25, 2024, available at <a href="https://reliefweb.int/report/somalia/awdcholera-weekly-epidemiological-report-epi-week-8-19-february-25-february-2024?_gl=1*1nmseu4*_ga*OTI1NTY0MTI2LjE2NzQ2NzM4NjU.*_ga_E60ZNX2F68*MTcxMTM3NTY3My4xMTIuMS4xNzExMzc3NjI2LjQ4LjAuMA">https://reliefweb.int/report/somalia/awdcholera-weekly-epidemiological-report-epi-week-8-19-february-25-february-2024?_gl=1*1nmseu4*_ga*OTI1NTY0MTI2LjE2NzQ2NzM4NjU.*_ga_E60ZNX2F68*MTcxMTM3NTY3My4xMTIuMS4xNzExMzc3NjI2LjQ4LjAuMA</a> (last visited on Mar.
22, 2024).
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According to UNOCHA's January 2024 report, humanitarian access
remains a challenge in Somalia due to ongoing conflict and insecurity,
and inter-clan violence.\30\ Close to 900,000 people live in areas that
are inaccessible to humanitarian aid, and an additional two million
people live in areas with significant access constraints due to the
presence of non-state armed actors.\31\ Continued attacks on
humanitarian workers and infrastructure, and restrictions on movement
have exacerbated access and operational challenges.\32\
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\30\ Somalia 2024 Humanitarian Needs and Response Plan, UNOCHA,
Jan. 30, 2024, available at <a href="https://reliefweb.int/report/somalia/somalia-2024-humanitarian-needs-and-response-plan-hnrp">https://reliefweb.int/report/somalia/somalia-2024-humanitarian-needs-and-response-plan-hnrp</a> (last visited
on Mar. 12, 2024).
\31\ Joint Justice and Corrections Programme: 01 June 2023-30
May 2027, UN Somalia Joint Fund, available at <a href="https://mptf.undp.org/sites/default/files/documents/2023-09/unsjf_mptf_prodoc_jjcp_redacted.pdf">https://mptf.undp.org/sites/default/files/documents/2023-09/unsjf_mptf_prodoc_jjcp_redacted.pdf</a> (last visited May 2, 2024).
\32\ Somalia 2024 Humanitarian Needs and Response Plan, UNOCHA,
Jan. 30, 2024, available at <a href="https://reliefweb.int/report/somalia/somalia-2024-humanitarian-needs-and-response-plan-hnrp">https://reliefweb.int/report/somalia/somalia-2024-humanitarian-needs-and-response-plan-hnrp</a> (last visited
on Mar. 12, 2024).
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Economic Concerns
According to the World Bank, in 2023, Somalia completed the Heavily
Indebted Poor Countries Initiative.\33\ After completing the
initiative, Somalia ``achieved debt service savings of $4.5 billion and
got access to critical additional financial resources that will help
Somalia strengthen its economy, reduce poverty, and promote job
creation.'' \34\ As a result of this, Somalia's external debt fell to
less than 6 percent of the GDP by the end of 2023.\35\ Despite these
achievements, the trade deficit was 59 percent of the GDP in 2023, and
``real GDP growth has been low and volatile, averaging only 2 percent
per year in 2019-23 while real GDP per capita averaged -0.8 percent per
year.'' \36\ Additionally, the purchasing power of many civilians has
been eroded, ``increasing the risk of more people falling into
poverty.'' \37\
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\33\ The World Bank in Somalia, The Word Bank, Feb. 26, 2024,
available at <a href="https://www.worldbank.org/en/country/somalia/overview">https://www.worldbank.org/en/country/somalia/overview</a>
(last visited Apr. 19, 2024).
\34\ Id.
\35\ Id.
\36\ Id.
\37\ Id.
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As of June 28, 2024, approximately 130 F-1 nonimmigrant students
from Somalia are enrolled at SEVP-certified academic institutions in
the United States. Given the extent of the current crisis in Somalia,
affected students whose primary means of financial support comes from
Somalia 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 Somalia 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 Somali citizen,
regardless of country of birth (or an individual having no nationality
who last habitually resided in Somalia), who already has on-campus or
off-campus employment authorization and is otherwise eligible may
benefit under this notice, which suspends certain regulatory
requirements relating to the minimum course load requirement under 8
CFR 214.2(f)(6)(i) and certain employment eligibility requirements
under 8 CFR 214.2(f)(9). Such an eligible F-1 nonimmigrant student may
benefit without having to apply for a new Form I-766, Employment
Authorization Document (EAD). To benefit from this notice, the F-1
nonimmigrant student must request that their designated school official
(DSO) enter the following statement in the remarks field of the
student's Student and Exchange Visitor Information System (SEVIS)
record, which the student's Form I-20, Certificate of Eligibility for
Nonimmigrant (F-1) Student Status, will reflect:
Approved for more than 20 hours per week of [DSO must insert
``on-campus'' or ``off-campus,'' depending upon the type of
employment authorization the student already has] employment
authorization and reduced course load under the Special Student
Relief authorization from [DSO must insert the beginning date of the
notice or the beginning date of the student's employment, whichever
date is later] until [DSO must insert either the student's program
end date, the current EAD expiration date (if the student is
currently authorized for off-campus employment), or the end date of
this notice, whichever date comes first].\38\
---------------------------------------------------------------------------
\38\ 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 17, 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
[[Page 59132]]
notice to be engaged in a ``full course of study'' \39\ 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.
---------------------------------------------------------------------------
\39\ 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 Somalia regardless of country of birth (or an
individual having no nationality who last habitually resided in
Somalia);
(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 Somalia.
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 Somalia).
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 Somalia 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 Somalia 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].\40\
---------------------------------------------------------------------------
\40\ 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 17, 2026, provided the student satisfies the minimum course
load requirements in this notice.
To obtain on-campus employment authorization, the F-1 nonimmigrant
student must demonstrate to the DSO that the employment is necessary to
avoid severe economic hardship directly resulting from the current
crisis in Somalia. 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'' \41\ 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
[[Page 59133]]
student to take a reduced course load if the reduction would not meet
the academic institution's minimum course load requirement for
continued enrollment.\42\
---------------------------------------------------------------------------
\41\ See 8 CFR 214.2(f)(6).
\42\ 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'' \43\ 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.\44\
---------------------------------------------------------------------------
\43\ See 8 CFR 214.2(f)(6).
\44\ 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 Somalia.\45\ Filing instructions are located at
<a href="https://www.uscis.gov/i-765">https://www.uscis.gov/i-765</a>.
---------------------------------------------------------------------------
\45\ 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
Somalia.
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].\46\
---------------------------------------------------------------------------
\46\ Because the suspension of requirements under this notice
applies throughout an academic term during which the suspension is
in effect, DHS considers an F-1 nonimmigrant student who engages in
a reduced course load or employment (or both) after this notice is
effective to be engaging in a ``full course of study,'' see 8 CFR
214.2(f)(6), and eligible for employment authorization, through the
end of any academic term for which such student is matriculated as
of March 17, 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'' \47\ at the time of the request
for employment authorization;
---------------------------------------------------------------------------
\47\ See 8 CFR 214.2(f)(6).
---------------------------------------------------------------------------
(b) The F-1 nonimmigrant student is a citizen of Somalia,
regardless of country of birth (or an individual having no nationality
who last habitually resided in Somalia), and is experiencing severe
economic hardship as a direct result of the current crisis in Somalia,
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; \48\ and
---------------------------------------------------------------------------
\48\ 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 Somalia.
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
[[Page 59134]]
front of the envelope, bottom right-hand side, with the phrase
``SPECIAL STUDENT RELIEF.'' \49\ Failure to include this notation may
result in significant processing delays.
---------------------------------------------------------------------------
\49\ 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 (last visited Apr. 29, 2024).
---------------------------------------------------------------------------
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,\50\ under this notice has two options.
---------------------------------------------------------------------------
\50\ 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
Somalia 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 17, 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 Somalia 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'' \51\ 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).
---------------------------------------------------------------------------
\51\ 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 Somalia. The DSO will
then verify and update the student's record in SEVIS to enable the F-1
nonimmigrant student with TPS to reduce the course load without any
further action or application. No other EAD needs to be issued for the
F-1 nonimmigrant student to have employment authorization.
Can a noncitizen who has been granted TPS apply for reinstatement of F-
1 nonimmigrant student status after the noncitizen's F-1 nonimmigrant
student status has lapsed?
Yes. Regulations permit certain students who fall out of F-1
nonimmigrant student status to apply for reinstatement. See 8 CFR
214.2(f)(16). This provision may apply to students who worked on a TPS-
related EAD or dropped their course load before publication of this
notice, and therefore fell out of student status. These students must
satisfy the criteria set forth in the F-1 nonimmigrant student status
reinstatement regulations.
How long will this notice remain in effect?
This notice grants temporary relief until March 17, 2026,\52\ to
eligible F-1 nonimmigrant students. DHS will continue to monitor the
situation in Somalia. Should the special provisions authorized by this
notice need modification or extension, DHS will announce such changes
in the Federal Register.
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\52\ Because the suspension of requirements under this notice
applies throughout an academic term during which the suspension is
in effect, DHS considers an F-1 nonimmigrant student who engages in
a reduced course load or employment (or both) after this notice is
effective to be engaging in a ``full course of study,'' see 8 CFR
214.2(f)(6), and eligible for employment authorization, through the
end of any academic term for which such student is matriculated as
of March 17, 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
[[Page 59135]]
resulting from the current crisis in Somalia 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. 2024-15788 Filed 7-19-24; 8:45 am]
BILLING CODE 9111-CB-P
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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.