Notice2024-24226
Employment Authorization for Certain Lebanese F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of the Current Humanitarian Crisis in Lebanon
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
October 18, 2024
Issuing agencies
Homeland Security DepartmentU.S. Immigration and Customs Enforcement
Abstract
The Department of Homeland Security (DHS) is suspending certain regulatory requirements for certain Lebanese F-1 nonimmigrant students who are experiencing severe economic hardship as a direct result of the current humanitarian crisis in Lebanon. 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 202 (Friday, October 18, 2024)</title>
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[Federal Register Volume 89, Number 202 (Friday, October 18, 2024)]
[Notices]
[Pages 83897-83901]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-24226]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Immigration and Customs Enforcement
[Docket No. ICEB-2024-0009]
RIN 1653-ZA53
Employment Authorization for Certain Lebanese F-1 Nonimmigrant
Students Experiencing Severe Economic Hardship as a Direct Result of
the Current Humanitarian Crisis in Lebanon
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 certain Lebanese F-1 nonimmigrant
students who are experiencing severe economic hardship as a direct
result of the current humanitarian crisis in Lebanon. 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 Lebanese F-1 nonimmigrant students
beginning on July 26, 2024, and ending on January 25, 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 (ICE), 500 12th Street SW,
Washington, DC 20536-5600; email: <a href="/cdn-cgi/l/email-protection#6714021117270e040249030f1449000811"><span class="__cf_email__" data-cfemail="aeddcbd8deeec7cdcb80cac6dd80c9c1d8">[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 the authority under 8 CFR 214.2(f)(9)
to temporarily suspend the applicability of certain requirements
governing on-campus and off-campus employment for F-1 nonimmigrant
students whose country of citizenship is Lebanon regardless of country
of birth (or individuals having no nationality who last habitually
resided in Lebanon), who were present in the United States in lawful F-
1 nonimmigrant student status on July 26, 2024, and who are
experiencing severe economic hardship as a direct result of the current
humanitarian crisis in Lebanon. Effective with this publication,
suspension of the employment limitations is available through January
25, 2026, for those who were in lawful F-1 nonimmigrant status on July
26, 2024. DHS will deem an F-1 nonimmigrant student granted employment
authorization through this notice to be engaged in a ``full course of
study'' for the duration of the employment authorization, if the
student satisfies the minimum course load set forth in this notice.\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 January 25, 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 Lebanon regardless of country of birth (or an
individual having no nationality who last habitually resided in
Lebanon);
(2) Were lawfully present in the United States on July 26, 2024, in
F-1 nonimmigrant status under section 101(a)(15)(F)(i) of the
Immigration and Nationality Act (INA), 8 U.S.C. 1101(a)(15)(F)(i);
(3) Are enrolled in an academic institution that is Student and
Exchange Visitor Program (SEVP)-certified for enrollment for F-1
nonimmigrant students;
(4) Are currently maintaining F-1 nonimmigrant status; and
(5) Are experiencing severe economic hardship as a direct result of
the current humanitarian crisis in Lebanon.
This notice applies to F-1 nonimmigrant students in an approved
private school in kindergarten through grade 12, public school grades 9
through 12, and undergraduate and graduate education. An F-1
nonimmigrant student covered by this notice who transfers to another
SEVP-certified academic institution remains eligible for the relief
provided by means of this notice.
Why is DHS taking this action?
DHS is taking action to provide relief to certain Lebanese F-1
nonimmigrant students experiencing severe economic hardship due to
emergent circumstances presented by the current humanitarian crisis in
Lebanon. See 8 CFR 214.2(f)(5)(v), (9)(i), and (9)(ii). Humanitarian
conditions in southern Lebanon have significantly deteriorated due to
recent escalating tensions between Hezbollah and Israel. The
International Organization for Migration (IOM) reported that 90,350
people had become newly displaced since September 19, 2024, following
the latest military escalation.\2\ By September 30, 2024, IOM had
tracked the number of displaced individuals to 346,209.\3\ UNHCR
reports that it has been approached by over 8,500 refugees who have
fled their homes and displaced internally in Lebanon during the week
prior to October 1, 2024, with the most urgent needs being access to
safe shelters, core relief items, healthcare, food, cash assistance,
and protection services.\4\ Citing to the deterioration of humanitarian
conditions, on July 26, 2024, President Joseph Biden issued a
memorandum, directing the Secretary to defer for 18 months the removal
of certain Lebanese nationals present in the United States by
implementing
[[Page 83898]]
Deferred Enforced Departure for those eligible individuals.\5\
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\2\ ``Over 90,000 People Displaced by Latest Military Escalation
in Lebanon--IOM Scales Up Its Response,'' International Organization
for Migration (IOM), Sept. 25, 2024, available at <a href="https://www.iom.int/news/over-90000-people-displaced-latest-military-escalation-lebanon-iom-scales-its-response">https://www.iom.int/news/over-90000-people-displaced-latest-military-escalation-lebanon-iom-scales-its-response</a> (last visited Oct. 4,
2024).
\3\ Lebanon--Mobility Snapshot--Round 49--30-09-2024, IOM, Sept.
30, 2024, available at <a href="https://dtm.iom.int/reports/lebanon-mobility-snapshot-round-49-30-09-2024?close=true">https://dtm.iom.int/reports/lebanon-mobility-snapshot-round-49-30-09-2024?close=true</a> (last visited Oct. 4, 2024).
\4\ ``Lebanon Emergency: Flash Update 1 October 2024,'' UNHCR,
Oct. 1, 2024, available at <a href="https://reporting.unhcr.org/lebanon-emergency-flash-update-2">https://reporting.unhcr.org/lebanon-emergency-flash-update-2</a> (last visited Oct. 4, 2024).
\5\ Memorandum on the Deferred Enforced Departure for Certain
Lebanese Nationals, The White House, July 26, 2024, available at
<a href="https://www.whitehouse.gov/briefing-room/presidential-actions/2024/07/26/memorandum-on-the-deferred-enforced-departure-for-certain-lebanese-nationals/">https://www.whitehouse.gov/briefing-room/presidential-actions/2024/07/26/memorandum-on-the-deferred-enforced-departure-for-certain-lebanese-nationals/</a> (last visited July 26, 2024).
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As of July 26, 2024, approximately 1,740 F-1 nonimmigrant students
from Lebanon are enrolled at SEVP-certified academic institutions in
the United States. Given the extent of the current humanitarian crisis
in Lebanon, affected students whose primary means of financial support
comes from Lebanon 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 Lebanon 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 Lebanese citizen
regardless of country of birth (or an individual having no nationality
who last habitually resided in Lebanon), 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].\6\
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\6\ 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
January 25, 2026, provided the student satisfies the minimum course
load requirements in this notice.
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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'' \7\ for the duration of the
student's employment authorization, provided that a qualifying
undergraduate level F-1 nonimmigrant student remains registered for a
minimum of six semester or quarter hours of instruction per academic
term, and a qualifying graduate level F-1 nonimmigrant student remains
registered for a minimum of three semester or quarter hours of
instruction per academic term. See 8 CFR 214.2(f)(5)(v) and
(f)(6)(i)(F). Undergraduate F-1 nonimmigrant students enrolled in a
term of different duration must register for at least one half of the
credit hours normally required under a ``full course of study.'' See 8
CFR 214.2(f)(6)(i)(B) and (F). DHS will not require such students to
apply for reinstatement under 8 CFR 214.2(f)(16) if they are otherwise
maintaining F-1 nonimmigrant status.
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\7\ See 8 CFR 214.2(f)(6).
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Will an F-2 dependent (spouse or minor child) of an F-1 nonimmigrant
student covered by this notice be eligible for employment
authorization?
No. An F-2 spouse or minor child of an F-1 nonimmigrant student is
not authorized to work in the United States and, therefore, may not
accept employment while in F-2 nonimmigrant status. See 8 CFR
214.2(f)(15)(i).
Will the suspension of the applicability of the standard student
employment requirements apply to an individual who received an initial
F-1 visa and makes an initial entry into the United States after the
effective date of this notice in the Federal Register?
No. The suspension of the applicability of the standard regulatory
requirements only applies to certain F-1 nonimmigrant students who meet
the following conditions:
(1) Are a citizen of Lebanon regardless of country of birth (or an
individual having no nationality who last habitually resided in
Lebanon);
(2) Were lawfully present in the United States on July 26, 2024, in
F-1 nonimmigrant status under section 101(a)(15)(F)(i) of the INA, 8
U.S.C. 1101(a)(15)(F)(i);
[[Page 83899]]
(3) Are enrolled in an academic institution that is SEVP-certified
for enrollment of F-1 nonimmigrant students;
(4) Are currently maintaining F-1 nonimmigrant status; and
(5) Are experiencing severe economic hardship as a direct result of
the current humanitarian crisis in Lebanon.
An F-1 nonimmigrant student who does not meet all these
requirements is ineligible for the suspension of the applicability of
the standard regulatory requirements (even if experiencing severe
economic hardship as a direct result of the current humanitarian crisis
in Lebanon).
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 Lebanese F-1 nonimmigrant students enrolled in
kindergarten through grade 12 at a private school, or grades 9 through
12 at a public high school. Such students must maintain the minimum
number of hours of class attendance per week prescribed by the academic
institution for normal progress toward graduation, as required under 8
CFR 214.2(f)(6)(i)(E). The suspension of certain regulatory
requirements related to employment through this notice is applicable to
all eligible F-1 nonimmigrant students regardless of educational level.
Eligible Lebanese F-1 nonimmigrant students enrolled in an elementary
school, middle school, or high school do benefit from the suspension of
the requirement in 8 CFR 214.2(f)(9)(i) that limits on-campus
employment to 20 hours per week while school is in session.
On-Campus Employment Authorization
Will an F-1 nonimmigrant student who receives on-campus employment
authorization under this notice be authorized to work more than 20
hours per week while school is in session?
Yes. For an F-1 nonimmigrant student covered in this notice, the
Secretary is suspending the applicability of the requirement in 8 CFR
214.2(f)(9)(i) that limits an F-1 nonimmigrant student's on-campus
employment to 20 hours per week while school is in session. An eligible
F-1 nonimmigrant student has authorization to work more than 20 hours
per week while school is in session if the DSO has entered the
following statement in the remarks field of the student's SEVIS record,
which will be reflected on the student's Form I-20:
Approved for more than 20 hours per week of on-campus employment
and reduced course load, under the Special Student Relief
authorization from [DSO must insert the beginning date of this
notice or the beginning date of the student's employment, whichever
date is later] until [DSO must insert the student's program end date
or the end date of this notice, whichever date comes first].\8\
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\8\ 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 January 25, 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
humanitarian crisis in Lebanon. An F-1 nonimmigrant student authorized
by the DSO to engage in on-campus employment by means of this notice
does not need to file any applications with U.S. Citizenship and
Immigration Services (USCIS). The standard rules permitting full-time
employment on-campus when school is not in session or during school
vacations apply, as described in 8 CFR 214.2(f)(9)(i).
Will an F-1 nonimmigrant student who receives on-campus employment
authorization under this notice have authorization to reduce the normal
course load and still maintain his or her F-1 nonimmigrant student
status?
Yes. DHS will deem an F-1 nonimmigrant student who receives on-
campus employment authorization under this notice to be engaged in a
``full course of study'' \9\ 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.\10\
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\9\ See 8 CFR 214.2(f)(6).
\10\ 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.
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Off-Campus Employment Authorization
What regulatory requirements does this notice temporarily suspend
relating to off-campus employment?
For an F-1 student covered by this notice, as provided under 8 CFR
214.2(f)(9)(ii)(A), the Secretary is suspending the following
regulatory requirements relating to off-campus employment:
(a) The requirement that a student must have been in F-1
nonimmigrant student status for one full academic year to be eligible
for off-campus employment;
(b) The requirement that an F-1 nonimmigrant student must
demonstrate that acceptance of employment will not interfere with the
student's carrying a full course of study;
(c) The requirement that limits an F-1 nonimmigrant student's
employment authorization to no more than 20 hours per week of off-
campus employment while the school is in session; and
(d) The requirement that the student demonstrate that employment
under 8 CFR 214.2(f)(9)(i) is unavailable or otherwise insufficient to
meet the needs that have arisen as a result of the unforeseen
circumstances.
Will an F-1 nonimmigrant student who receives off-campus employment
authorization under this notice have authorization to reduce the normal
course load and still maintain F-1 nonimmigrant status?
Yes. DHS will deem an F-1 nonimmigrant student who receives off-
campus employment authorization by means of this notice to be engaged
in a
[[Page 83900]]
``full course of study'' \11\ 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.\12\
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\11\ See 8 CFR 214.2(f)(6).
\12\ 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.
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How may an eligible F-1 nonimmigrant student obtain employment
authorization for off-campus employment with a reduced course load
under this notice?
An F-1 nonimmigrant student must file a Form I-765, Application for
Employment Authorization, with USCIS to apply for off-campus employment
authorization based on severe economic hardship directly resulting from
the current humanitarian crisis in Lebanon.\13\ Filing instructions are
located at <a href="https://www.uscis.gov/i-765">https://www.uscis.gov/i-765</a>.
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\13\ See 8 CFR 274a.12(c)(3)(iii).
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Fee considerations. Submission of a Form I-765 currently requires
payment of a $520 fee. An applicant who is unable to pay the fee may
submit a completed Form I-912, Request for Fee Waiver, along with the
Form I-765, Application for Employment Authorization. See <a href="https://www.uscis.gov/i-912">https://www.uscis.gov/i-912</a>. The submission must include an explanation about
why USCIS should grant the fee waiver and the reason(s) for the
inability to pay, and any evidence to support the reason(s). See 8 CFR
106.2 and 106.3.
Supporting documentation. An F-1 nonimmigrant student seeking off-
campus employment authorization due to severe economic hardship must
demonstrate the following to their DSO:
(1) This employment is necessary to avoid severe economic hardship;
and
(2) The hardship is a direct result of the current humanitarian
crisis in Lebanon.
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].\14\
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\14\ 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 January 25, 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'' \15\ at the time of the request
for employment authorization;
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\15\ See 8 CFR 214.2(f)(6).
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(b) The F-1 nonimmigrant student is a citizen of Lebanon regardless
of country of birth (or an individual having no nationality who last
habitually resided in Lebanon), and is experiencing severe economic
hardship as a direct result of the current humanitarian crisis in
Lebanon, as documented on the Form I-20;
(c) The F-1 nonimmigrant student has confirmed that the student
will comply with the reduced course load requirements of this notice
and register for the duration of the authorized employment for a
minimum of six semester or quarter hours of instruction per academic
term if at the undergraduate level, or for a minimum of three semester
or quarter hours of instruction per academic term if at the graduate
level; \16\ and
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\16\ 8 CFR 214.2(f)(5)(v).
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(d) The off-campus employment is necessary to alleviate severe
economic hardship to the individual as a direct result of the current
humanitarian crisis in Lebanon.
Processing. To facilitate prompt adjudication of the student's
application for off-campus employment authorization under 8 CFR
214.2(f)(9)(ii)(C), the F-1 nonimmigrant student should do both of the
following:
(a) Ensure that the application package includes all of the
following documents:
(1) A completed Form I-765 with all applicable supporting evidence;
(2) The required fee or properly documented fee waiver request as
defined in 8 CFR 106.2 and 106.3; and
(3) A signed and dated copy of the student's Form I-20 with the
appropriate DSO recommendation, as previously described in this notice;
and
(b) Send the application in an envelope which is clearly marked on
the front of the envelope, bottom right-hand side, with the phrase
``SPECIAL STUDENT RELIEF.'' \17\ Failure to include this notation may
result in significant processing delays.
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\17\ Students who wish to apply for a Special Student Relief-
related EAD under this notice should use the mailing address
specifically designated for (C)(3)(iii) filings. The direct filing
address is available at <a href="https://www.uscis.gov/i-765">https://www.uscis.gov/i-765</a>-addresses (last
visited Sept. 12, 2024).
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If USCIS approves the student's Form I-765, USCIS will send the
student a Form I-766 EAD as evidence of employment authorization. The
EAD will contain an expiration date that does not exceed the end of the
granted temporary relief.
Deferred Enforced Departure (DED) Considerations
Can an F-1 nonimmigrant student apply for a DED-related EAD and for
benefits under this notice at the same time?
Yes. Although they are not required to apply for a DED-related EAD,
an F-1 nonimmigrant student who meets the eligibility requirements
under the applicable DED notice and wants to obtain such an EAD must
file Form I-765 and pay the related fee (or request a fee waiver). The
eligible F-1 student may also apply for Special Student Relief under
this notice by requesting that the DSO notate on their Form I-20 in
SEVIS that the student has been authorized to carry a reduced course
load and is permitted to work an increased number of hours under
Special Student Relief while school is in session. The DSO should also
notate on the Form I-20 that the student is working pursuant to a DED-
related EAD. As long as the F-1 nonimmigrant student maintains the
minimum course load described in this notice, does not otherwise
violate the student's nonimmigrant status, including as provided under
8 CFR 214.1(g), and
[[Page 83901]]
remains covered under DED, then the student maintains F-1 nonimmigrant
status and DED concurrently.
When a student applies simultaneously for a DED-related EAD and
benefits under this notice, what is the minimum course load requirement
while an application for employment authorization is pending?
The F-1 nonimmigrant student must maintain normal course load
requirements for a ``full course of study'' \18\ unless or until the F-
1 nonimmigrant student is granted employment authorization under this
notice. DED-related employment authorization, by itself, does not
authorize a nonimmigrant student to drop below twelve credit hours, or
otherwise applicable minimum requirements (e.g., clock hours for non-
traditional academic programs). Once approved for a DED-related EAD and
Special Student Relief employment authorization, as indicated by the
DSO's required entry in SEVIS and issuance of an updated Form I-20, the
F-1 nonimmigrant student may drop below twelve credit hours, or
otherwise applicable minimum requirements (with a minimum of six
semester or quarter hours of instruction per academic term if the
student is at the undergraduate level, or a minimum of three semester
or quarter hours of instruction per academic term if the student is at
the graduate level). See 8 CFR 214.2(f)(5)(v), 214.2(f)(6),
214.2(f)(9)(i) and (ii).
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\18\ See 8 CFR 214.2(f)(6).
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How does an F-1 student who has received a DED-related EAD then apply
for authorization to take a reduced course load under this notice?
There is no further application process with USCIS if a student has
been approved for a DED-related EAD. However, the F-1 nonimmigrant
student must demonstrate and provide documentation to the DSO of severe
economic hardship as a direct result of the current humanitarian crisis
in Lebanon. The DSO will then verify and update the student's SEVIS
record to enable the F-1 nonimmigrant student with DED to reduce their
course load without any further action or application. No other EAD
needs to be issued for the F-1 nonimmigrant student to have employment
authorization.
Can a noncitizen who has been granted a DED-related EAD apply for
reinstatement to F-1 nonimmigrant student status after the noncitizen's
F-1 nonimmigrant student status has lapsed?
Yes. Current regulations permit certain students who fall out of F-
1 nonimmigrant student status to apply for reinstatement. See 8 CFR
214.2(f)(16). This provision might apply to students who worked on a
DED-related EAD or dropped their course load before July 26, 2024, and
therefore fell out of F-1 nonimmigrant status. The student must satisfy
the criteria set forth in the F-1 nonimmigrant student status
reinstatement regulations.
How long will this notice remain in effect?
This notice grants temporary relief through January 25, 2026,\19\
to eligible F-1 nonimmigrant students. DHS will continue to monitor the
situation in Lebanon. 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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\19\ 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 January 25, 2026, provided the student satisfies the minimum
course load requirement in this notice.
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Paperwork Reduction Act (PRA)
An F-1 nonimmigrant student seeking off-campus employment
authorization due to severe economic hardship resulting from the
current humanitarian crisis in Lebanon must demonstrate to the DSO that
this employment is necessary to avoid severe economic hardship. A DSO
who agrees that a nonimmigrant student should receive such employment
authorization must recommend an application approval to USCIS by
entering information in the remarks field of the student's SEVIS
record. The authority to collect this information is in the SEVIS
collection of information currently approved by the Office of
Management and Budget (OMB) under OMB Control Number 1653-0038.
This notice also allows an eligible F-1 nonimmigrant student to
request employment authorization, work an increased number of hours
while the academic institution is in session, and reduce their course
load while continuing to maintain F-1 nonimmigrant student status.
To apply for employment authorization, certain F-1 nonimmigrant
students must complete and submit a currently approved Form I-765
according to the instructions on the form. OMB has previously approved
the collection of information contained on the current Form I-765,
consistent with the PRA (OMB Control No. 1615-0040). Although there
will be a slight increase in the number of Form I-765 filings because
of this notice, the number of filings currently contained in the OMB
annual inventory for Form I-765 is sufficient to cover the additional
filings. Accordingly, there is no further action required under the
PRA.
Alejandro Mayorkas,
Secretary, U.S. Department of Homeland Security.
[FR Doc. 2024-24226 Filed 10-17-24; 8:45 am]
BILLING CODE 9111-CB-P
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</html>Indexed from Federal Register on October 18, 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.