Notice2024-27787
Employment Authorization for Lebanese F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of the Current 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
November 27, 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 Lebanon who are experiencing severe economic hardship as a direct result of the current 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 229 (Wednesday, November 27, 2024)</title>
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[Federal Register Volume 89, Number 229 (Wednesday, November 27, 2024)]
[Notices]
[Pages 93634-93641]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-27787]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Immigration and Customs Enforcement
[Docket No. ICEB-2024-0010]
RIN 1653-ZA54
Employment Authorization for Lebanese F-1 Nonimmigrant Students
Experiencing Severe Economic Hardship as a Direct Result of the Current
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 F-1 nonimmigrant students from
Lebanon who are experiencing severe economic hardship as a direct
result of the current 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 November 27, 2024, and ending on May 27, 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#a4d7c1d2d4e4cdc7c18ac0ccd78ac3cbd2"><span class="__cf_email__" data-cfemail="4b382e3d3b0b22282e652f2338652c243d">[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 Lebanon regardless of country of birth (or
individuals having no nationality who last habitually resided in
Lebanon), 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 Lebanon. Previously, DHS issued a notice which
applied to F-1 nonimmigrant students from Lebanon who met certain
criteria, including having been lawfully present in the United States
in F-1 nonimmigrant status on July 26, 2024, that was effective through
January 25, 2026. See 89 FR 83897 (Oct. 18, 2024). While DHS's prior
notice remains effective for eligible F-1 nonimmigrant students,
effective with this publication, suspension of the employment
limitations is also available through May 27, 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 May 27, 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 November 27,
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
[[Page 93635]]
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 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 Lebanese F-1 nonimmigrant
students experiencing severe economic hardship due to the current
crisis in Lebanon. Based on its review of country conditions in Lebanon
and input received from the U.S. Department of State (DOS), DHS is
taking action to allow eligible F-1 nonimmigrant students from Lebanon
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.
Lebanon faces multiple and competing security threats, including
political instability, civil unrest and violence, spill-over from the
Syrian civil war, and increased border tension between Hezbollah \2\
and Israel.\3\ Additionally, the deteriorating economic situation has
led to alarming levels of poverty, food insecurity, and crumbling
infrastructure.\4\
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\2\ Hezbollah (also spelled ``Hizballah'') was designated as a
foreign terrorist organization in 1997. See U.S. Dep't of State,
Country Reports on Terrorism 2022, 276, Nov. 30, 2023, available at
<a href="https://www.state.gov/wp-content/uploads/2023/11/Country_Reports_on_Terrorism_2022-v3.pdf">https://www.state.gov/wp-content/uploads/2023/11/Country_Reports_on_Terrorism_2022-v3.pdf</a> (accessed Nov. 8, 2024).
\3\ Instability in Lebanon, Global Conflict Tracker, Center for
Preventive Action, Council on Foreign Relations, Oct. 28, 2024,
available at <a href="https://www.cfr.org/global-conflict-tracker/conflict/political-instability-lebanon">https://www.cfr.org/global-conflict-tracker/conflict/political-instability-lebanon</a> (last visited Nov. 5, 2024).
\4\ Famine Early Warning System, Escalating conflict leads to
rising population in need of food assistance, Sept. 2024, available
at <a href="https://fews.net/middle-east-and-asia/lebanon/key-message-update/september-2024">https://fews.net/middle-east-and-asia/lebanon/key-message-update/september-2024</a> (last visited Nov. 5, 2024); Mass displacement in
Lebanon war revives spectre of sectarian strife, Reuters, Oct. 15,
2024, available at <a href="https://www.reuters.com/world/middle-east/mass-displacement-lebanon-war-revives-spectre-sectarian-strife-2024-10-15">https://www.reuters.com/world/middle-east/mass-displacement-lebanon-war-revives-spectre-sectarian-strife-2024-10-15</a>
(last visited Nov. 5, 2024).
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Security Concerns
Since October 7, 2023, there has been an escalation of hostilities
across the Lebanon-Israel border between Israeli forces and
Hezbollah.\5\ As of early October 2024, the conflict between Israel and
Hezbollah escalated significantly.\6\ Increased Israeli airstrikes in
Lebanon, including urban regions in and around Beirut, have resulted in
civilian casualties and displacement.\7\ According to Lebanese
authorities, more than 2,300 people have been killed since October 2023
and 1.2 million people have been forced to flee their homes.\8\ On
September 30, 2024, Israel launched a ground invasion into southern
Lebanon days after an Israeli air strike killed Hassan Nasrallah, the
leader of Hezbollah.\9\ Rising tensions between Israel and Hezbollah
have resulted in the evacuation of both Israeli and Lebanese residents
in communities along both sides of the shared border.\10\
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\5\ Instability in Lebanon, Global Conflict Tracker, Center for
Preventive Action, Council on Foreign Relations, Oct. 28, 2024,
available at <a href="https://www.cfr.org/global-conflict-tracker/conflict/political-instability-lebanon">https://www.cfr.org/global-conflict-tracker/conflict/political-instability-lebanon</a> (last visited Nov. 5, 2024).
\6\ ReliefWeb, Statement by the Humanitarian Coordinator for
Lebanon, Imran Riza, on the One-Year Mark of Escalations in Lebanon,
Oct. 9, 2024, available at <a href="https://reliefweb.int/report/lebanon/statement-humanitarian-coordinator-lebanon-imran-riza-one-year-mark-escalations-lebanon-9-october-2024-enar">https://reliefweb.int/report/lebanon/statement-humanitarian-coordinator-lebanon-imran-riza-one-year-mark-escalations-lebanon-9-october-2024-enar</a> (last visited Nov. 5, 2024).
\7\ Melanie Lidman, Bassam Hatoum, and Bassem Mroue, Israel
expands its bombardment in Lebanon as thousands flee widening war,
AP, Oct. 5, 2024, available at <a href="https://apnews.com/article/mideast-wars-lebanon-hezbollah-hamas-5-october-2024-a8b70daeccc57a86fc6d939c604f2caf">https://apnews.com/article/mideast-wars-lebanon-hezbollah-hamas-5-october-2024-a8b70daeccc57a86fc6d939c604f2caf</a> (last visited Nov. 5, 2024).
\8\ BBC, Israel-Hezbollah conflict in maps: Where is fighting
happening in Lebanon, Oct. 17, 2024, available at <a href="https://www.bbc.com/news/articles/c9vp7dg3ml1o">https://www.bbc.com/news/articles/c9vp7dg3ml1o</a> (last visited Nov. 5, 2024).
\9\ Id.
\10\ NPR, Israel begins ground offensive in Lebanon, Oct. 1,
2024, available at <a href="https://www.npr.org/2024/10/01/g-s1-25657/israel-ground-offensive-lebanon">https://www.npr.org/2024/10/01/g-s1-25657/israel-ground-offensive-lebanon</a> (last visited Nov. 5, 2024).
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Economic Crisis
The recent intensification of military conflict and population
displacement has exacerbated an existing economic crisis in Lebanon. In
2021, the International Monetary Fund (IMF) estimated that Lebanon's
economic collapse may be the third worst economic crisis in the world
since the mid-nineteenth century.\11\ Four years after the collapse, in
September 2023, the IMF warned that ``the small nation is still facing
`enormous economic challenges,' with a collapsed banking sector,
eroding public services, deteriorating infrastructure, inflation, and
worsening poverty.'' \12\
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\11\ The World Bank, Lebanon Economic Monitor, Spring 2021:
Lebanon Sinking (to the Top 3), available at <a href="https://www.worldbank.org/en/country/lebanon/publication/lebanon-economic-monitor-spring-2021-lebanon-sinking-to-the-top-3">https://www.worldbank.org/en/country/lebanon/publication/lebanon-economic-monitor-spring-2021-lebanon-sinking-to-the-top-3</a> (last visited Nov.
5, 2024).
\12\ Bassem Mroue, IMF warns Lebanon that the country is still
facing enormous challenges, years after a meltdown began, Reuters,
Sept. 15, 2023, available at <a href="https://apnews.com/article/lebanon-imf-central-bank-sayrafa-banks-meltdown-0d56ddea8dc9510d110959f794a06ed9">https://apnews.com/article/lebanon-imf-central-bank-sayrafa-banks-meltdown-0d56ddea8dc9510d110959f794a06ed9</a>
(last visited Nov. 5, 2024).
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Poverty in Lebanon has more than tripled over the past decade
reaching 44 percent of the total population in 2022.\13\ Families in
Lebanon are described as multidimensionally poor, with ``rising
deprivation in the areas of health care, medicines, services, education
employment, housing and assets.'' \14\ Protective food subsidies have
ended and living costs have risen dramatically, preventing families
from accessing enough food and other basic needs each day.\15\
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\13\ World Bank, Lebanon Poverty and Equity Assessment 2024:
Weathering a Protracted Crisis (English). Washington, D.C: World
Bank Group, May 23, 2024, available at <a href="http://documents.worldbank.org/curated/en/099052224104516741/P1766511325da10a71ab6b1ae97816dd20c">http://documents.worldbank.org/curated/en/099052224104516741/P1766511325da10a71ab6b1ae97816dd20c</a> (last visited Nov. 5, 2024).
\14\ United Nations Economic and Social Commission for Western
Asia (ESCWA), Multidimensional poverty in Lebanon (2019-2021),
available at <a href="https://www.unescwa.org/sites/default/files/news/docs/21-00634-_multidimentional_poverty_in_lebanon_-policy_brief_-_en.pdf">https://www.unescwa.org/sites/default/files/news/docs/21-00634-_multidimentional_poverty_in_lebanon_-policy_brief_-_en.pdf</a>
(last visited Nov. 5, 2024).
\15\ United Nations, Around 2 million facing food insecurity
across Lebanon, Jan. 19, 2023, available at <a href="https://news.un.org/en/story/2023/01/1132642">https://news.un.org/en/story/2023/01/1132642</a> (last visited Nov. 5, 2024).
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This economic crisis has caused Lebanon's Gross Domestic Product to
``decrease from $54.9 billion in 2018 to $17.94 billion in 2023.'' \16\
Additionally, Lebanon is grappling with hyperinflation, which is
eroding the purchasing power of much of the Lebanese population.\17\
Data from June 2023 indicates ``that 59 percent of Lebanese households
(and of these 86 percent of female headed households), excluding
refugees, faced substantial challenges in meeting their needs,
primarily driven by disrupted livelihoods.'' \18\
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\16\ Flash Appeal: Lebanon, October--December 2024, OCHA,
October 2024, available at <a href="https://www.unocha.org/publications/report/lebanon/flash-appeal-lebanon-october-december-2024-october-2024">https://www.unocha.org/publications/report/lebanon/flash-appeal-lebanon-october-december-2024-october-2024</a> (last visited Nov. 5, 2024).
\17\ Id.
\18\ Id.
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Political Crisis
Since 2021, reports have implicated current and former Lebanese
prime ministers in corruption cases.\19\ More
[[Page 93636]]
crucially, Lebanon has not had a President since 2022, when Michel Aoun
stepped down a day before his presidential term expired.\20\ The
country's affairs are run by an unelected caretaker government; \21\
with no elected president, passage of new legislation and much needed
economic reform is not occurring.\22\ Moreover, since the hostilities
increased between Israel and Hezbollah, tensions have also increased
between Hezbollah and Sunni and Maronite factions in the government,
making political agreements unlikely in the near-term.\23\
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\19\ The Washington Post, Pandora Papers: Leaks prompt
investigations in some countries--and denial in others, Oct. 9,
2021, available at: <a href="https://www.washingtonpost.com/world/2021/10/09/russia-ukraine-jordan-lebanon-pandora-papers/">https://www.washingtonpost.com/world/2021/10/09/russia-ukraine-jordan-lebanon-pandora-papers/</a> (last visited Nov. 5,
2024).
\20\ Lebanon's president leaves with no replacement amid
political, economic crisis, PBS News Hour, Oct. 30, 2022, available
at <a href="https://www.pbs.org/newshour/world/lebanons-president-leaves-with-no-replacement-amid-political-economic-crisis">https://www.pbs.org/newshour/world/lebanons-president-leaves-with-no-replacement-amid-political-economic-crisis</a> (last visited
Nov. 5, 2024); Matt Bradley, Analysis: As was rages, some in Lebanon
see opportunity in a weakened Hezbollah, NBC News, Oct. 4, 2024,
available at <a href="https://www.nbcnews.com/news/world/israel-hezbollah-war-nasrallah-airstrikes-hamas-gaza-assassinations-rcna173851">https://www.nbcnews.com/news/world/israel-hezbollah-war-nasrallah-airstrikes-hamas-gaza-assassinations-rcna173851</a> (last
visited Nov. 5, 2024).
\21\ Key Developments in 2023: Lebanon, Freedom House, 2023,
available at <a href="https://freedomhouse.org/country/lebanon/freedom-world/2024">https://freedomhouse.org/country/lebanon/freedom-world/2024</a> (last visited Nov. 5, 2024).
\22\ Matt Bradley, Analysis: As war rages, some in Lebanon see
opportunity in a weakened Hezbollah, NBC News, Oct. 4, 2024,
available at <a href="https://www.nbcnews.com/news/world/israel-hezbollah-war-nasrallah-airstrikes-hamas-gaza-assassinations-rcna173851">https://www.nbcnews.com/news/world/israel-hezbollah-war-nasrallah-airstrikes-hamas-gaza-assassinations-rcna173851</a> (last
visited Nov. 5, 2024).
\23\ Instability in Lebanon, Global Conflict Tracker, Center for
Preventive Action, Council on Foreign Relations, Oct. 28, 2024,
available at <a href="https://www.cfr.org/global-conflict-tracker/conflict/political-instability-lebanon">https://www.cfr.org/global-conflict-tracker/conflict/political-instability-lebanon</a> (last visited Nov. 5, 2024).
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The inability to effectively govern in Lebanon has resulted in
financial insolvency, crumbling infrastructure, and the inability to
provide basic services including access to electricity and fuel.\24\
Human Rights Watch reported that, ``[o]n August 17, 2024, Lebanon's
only operational power plant shut down after the state-run electricity
company . . . ran out of fuel, resulting in a complete nationwide power
outage.'' \25\ This outage left residents of Lebanon and key state
services like ``the airport, water pump stations, sewage systems, and
prisons, without state-provided electricity for more than 24 hours, and
reliant on costly and highly polluting private diesel generators.''
\26\ The Lebanese state is unable to provide the vast majority of
residents with more than one to three hours of electricity per day.\27\
This lack of access to electricity has adversely impacted Lebanese
residents' access to education, health, water, sanitation, and a
healthy environment.\28\
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\24\ International Organization for Migration, Lebanon Crisis
Response Plan 2024, available at <a href="https://crisisresponse.iom.int/response/lebanon-crisis-response-plan-2024">https://crisisresponse.iom.int/response/lebanon-crisis-response-plan-2024</a> (last visited Nov. 5,
2024).
\25\ Human Rights Watch, Lebanon: Nationwide Electricity
Blackout, Aug. 29, 2024, available at <a href="https://www.hrw.org/news/2024/08/29/lebanon-nationwide-electricity-blackout">https://www.hrw.org/news/2024/08/29/lebanon-nationwide-electricity-blackout</a> (last visited Nov. 5,
2024).
\26\ Id.
\27\ Human Rights Watch, ``Cut Off From Life Itself'' Lebanon's
Failure on the Right to Electricity, Mar. 9, 2023, available at
<a href="https://www.hrw.org/report/2023/03/09/cut-life-itself/lebanons-failure-right-electricity">https://www.hrw.org/report/2023/03/09/cut-life-itself/lebanons-failure-right-electricity</a> (last visited Nov. 5, 2024).
\28\ Id.
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Humanitarian Concerns
The economic crisis, government failings, and increasingly
escalating conflict have worsened an already fragile humanitarian
situation in Lebanon.\29\ Access to sufficient food, water, sanitation,
hygiene, shelter, income, essential commodities, and healthcare have
decreased.\30\ Humanitarian needs continue to increase amid the
escalating hostilities in Lebanon, exacerbated by the damage to vital
infrastructure and the scale of internal and external displacement from
conflict-affected areas of the country.\31\ As of October 21, 2024,
over 800,000 individuals were internally displaced in Lebanon.\32\ More
than 191,000 individuals have sought shelter in over 1,000 collective
shelters, the vast majority of which are operating at full
capacity.\33\ Furthermore, the United Nations High Commissioner for
Refugees estimates that approximately 425,000 people, including Syrians
and Lebanese, have crossed from Lebanon into Syria since September,
while more than 16,000 Lebanese have arrived in Iraq from Lebanon.\34\
On October 4, 2024, the U.S. committed to providing nearly $157 million
in new humanitarian assistance to support populations affected by
conflict in Lebanon and the region.\35\
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\29\ United Nations Office for the Coordination of Humanitarian
Affairs (OCHA), Today's top news: Israel and Occupied Palestinian
Territory, Lebanon, Sudan, Oct. 7, 2024, available at <a href="https://www.unocha.org/news/todays-top-news-israel-and-occupied-palestinian-territory-lebanon-sudan">https://www.unocha.org/news/todays-top-news-israel-and-occupied-palestinian-territory-lebanon-sudan</a> (last visited Nov. 5, 2024).
\30\ Id; World Food Programme, Lebanon, available at <a href="https://www.wfp.org/countries/lebanon">https://www.wfp.org/countries/lebanon</a> (last visited Nov. 5, 2024).
\31\ Id.
\32\ OCHA, Lebanon Flash Update #37, Oct. 23, 2024, available at
<a href="https://reliefweb.int/report/lebanon/lebanon-flash-update-37-escalation-hostilities-lebanon-21-october-2024">https://reliefweb.int/report/lebanon/lebanon-flash-update-37-escalation-hostilities-lebanon-21-october-2024</a> (last visited Nov. 5,
2024)
\33\ OCHA, Lebanon Flash Update #37, Oct. 23, 2024, available at
<a href="https://reliefweb.int/report/lebanon/lebanon-flash-update-37-escalation-hostilities-lebanon-21-october-2024">https://reliefweb.int/report/lebanon/lebanon-flash-update-37-escalation-hostilities-lebanon-21-october-2024</a> (last visited Nov. 5,
2024)
\34\ The United Nations High Commissioner for Human Rights Syria
Flash Update #17, Sept. 24-Oct 20, 2024, available at <a href="https://reporting.unhcr.org/syrian-arab-republic-response-displacement-lebanon-flash-update-17">https://reporting.unhcr.org/syrian-arab-republic-response-displacement-lebanon-flash-update-17</a> (last visited Nov. 5, 2024); OCHA, Lebanon
Flash Update #37, Oct. 23, 2024, available at <a href="https://reliefweb.int/report/lebanon/lebanon-flash-update-37-escalation-hostilities-lebanon-21-october-2024">https://reliefweb.int/report/lebanon/lebanon-flash-update-37-escalation-hostilities-lebanon-21-october-2024</a> (last visited Nov. 5, 2024); OCHA, Iraq
Flash Update #14: Update on Displacement from Lebanon, Oct. 20,
2024, available at <a href="https://reliefweb.int/report/iraq/iraq-flash-update-14-update-displacement-lebanon-20-october-2024">https://reliefweb.int/report/iraq/iraq-flash-update-14-update-displacement-lebanon-20-october-2024</a> (last visited
Nov. 5, 2024).
\35\ U.S. Dep't of State, United States Provides Humanitarian
Assistance in Response to the Escalating Crisis in Lebanon, Oct. 4,
2024, available at <a href="https://www.state.gov/united-states-provides-humanitarian-assistance-in-response-to-the-escalating-crisis-in-lebanon/">https://www.state.gov/united-states-provides-humanitarian-assistance-in-response-to-the-escalating-crisis-in-lebanon/</a> (last visited Nov. 5, 2024).
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Access to health care had been drastically reduced due to financial
barriers and lack of medicine in Lebanon.\36\ The current hostilities
have aggravated the issues, with services struggling to respond to the
needs of the displaced and conflict-affected,\37\ and health care
facilities have been either destroyed or closed due to the
conflict.\38\
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\36\ European Commission, Lebanon, available at <a href="https://civil-protection-humanitarian-aid.ec.europa.eu/where/middle-east-and-northern-africa/lebanon_en">https://civil-protection-humanitarian-aid.ec.europa.eu/where/middle-east-and-northern-africa/lebanon_en</a> (last visited Nov. 5, 2024).
\37\ Id.
\38\ OCHA, Today's top news: Israel and Occupied Palestinian
Territory, Lebanon, Sudan, Oct. 7, 2024, available at <a href="https://www.unocha.org/news/todays-top-news-israel-and-occupied-palestinian-territory-lebanon-sudan">https://www.unocha.org/news/todays-top-news-israel-and-occupied-palestinian-territory-lebanon-sudan</a> (last visited Nov. 5, 2024).
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Access to food and potable water continue to be limited. As of
October 2024, ``at least 25 water facilities [were] damaged affecting
more than 300,000 people.'' \39\ According to the World Food Programme,
2.5 million people of the 5.3 million population need food assistance
and 2.5 million, 47.5 percent, of people in Lebanon (including Lebanese
nationals and refugees) are food insecure.\40\
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\39\ OCHA, Today's top news: Israel and Occupied Palestinian
Territory, Lebanon, Sudan, Oct. 7, 2024, available at <a href="https://www.unocha.org/news/todays-top-news-israel-and-occupied-palestinian-territory-lebanon-sudan">https://www.unocha.org/news/todays-top-news-israel-and-occupied-palestinian-territory-lebanon-sudan</a> (last visited Nov. 5, 2024).
\40\ World Food Programme, Lebanon, available at <a href="https://www.wfp.org/countries/lebanon">https://www.wfp.org/countries/lebanon</a> (last visited Nov. 5, 2024).
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Moreover, increasing levels of internal displacement are
exacerbating the challenges facing Lebanon, including those related to
hosting the substantial Syrian refugee population.\41\ Children have
also been impacted by the conflict. The start of the new school year
has been postponed until November 4, 2024, as 75 percent of the
country's public schools have been converted into shelters to
accommodate the influx of internally displaced persons that have
departed conflict-affected areas of
[[Page 93637]]
Lebanon since the recent escalation.\42\ According to the European
Commission, ``[m]ore than 10 percent of the 1.2 million school-aged
Lebanese children are out of school, mainly due to economic
vulnerabilities.'' \43\
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\41\ Flash Appeal: Lebanon, October-December 2024, OCHA, October
2024, available at <a href="https://www.unocha.org/publications/report/lebanon/flash-appeal-lebanon-october-december-2024-october-2024">https://www.unocha.org/publications/report/lebanon/flash-appeal-lebanon-october-december-2024-october-2024</a>
(last visited Nov. 5, 2024).
\42\ ReliefWeb, Statement by the Humanitarian Coordinator for
Lebanon, Imran Riza, on the One-Year Mark of Escalations in Lebanon,
Oct. 9, 2024, available at <a href="https://reliefweb.int/report/lebanon/statement-humanitarian-coordinator-lebanon-imran-riza-one-year-mark-escalations-lebanon-9-october-2024-enar">https://reliefweb.int/report/lebanon/statement-humanitarian-coordinator-lebanon-imran-riza-one-year-mark-escalations-lebanon-9-october-2024-enar</a> (last visited Nov. 5, 2024).
\43\ European Commission, Lebanon, available at <a href="https://civil-protection-humanitarian-aid.ec.europa.eu/where/middle-east-and-northern-africa/lebanon_en">https://civil-protection-humanitarian-aid.ec.europa.eu/where/middle-east-and-northern-africa/lebanon_en</a> (last visited Nov. 5, 2024).
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As of November 7, 2024, 1,760 F-1 nonimmigrant students from
Lebanon are enrolled at SEVP-certified academic institutions in the
United States. Given the extent of the current crisis exacerbated by
recent escalating violence, conflict and displacement 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 Lebanon 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].\44\
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\44\ Because the suspension of requirements under this notice
applies throughout an academic term during which the suspension is
in effect, DHS considers an F-1 nonimmigrant student who engages in
a reduced course load or employment (or both) after this notice is
effective to be engaging in a ``full course of study,'' see 8 CFR
214.2(f)(6), and eligible for employment authorization, through the
end of any academic term for which such student is matriculated as
of May 27, 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'' \45\ for the duration of
the student's employment authorization, provided that a qualifying
undergraduate level F-1 nonimmigrant student remains registered for a
minimum of six semester or quarter hours of instruction per academic
term, and a qualifying graduate level F-1 nonimmigrant student remains
registered for a minimum of three semester or quarter hours of
instruction per academic term. See 8 CFR 214.2(f)(5)(v) and
(f)(6)(i)(F). Undergraduate F-1 nonimmigrant students enrolled in a
term of different duration must register for at least one half of the
credit hours normally required under a ``full course of study.'' See 8
CFR 214.2(f)(6)(i)(B) and (F). DHS will not require such students to
apply for reinstatement under 8 CFR 214.2(f)(16) if they are otherwise
maintaining F-1 nonimmigrant status.
---------------------------------------------------------------------------
\45\ See 8 CFR 214.2(f)(6).
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Will an F-2 dependent (spouse or minor child) of an F-1 nonimmigrant
student covered by this notice be eligible for employment
authorization?
No. An F-2 spouse or minor child of an F-1 nonimmigrant student is
not authorized to work in the United States and, therefore, may not
accept employment while in F-2 nonimmigrant status, consistent with
8CFR 214.2(f)(15)(i).
Will the suspension of the applicability of the standard student
employment requirements apply to an individual who receives an initial
F-1 visa and makes an initial entry into the United States after the
effective date of this notice in the Federal Register?
No. The suspension of the applicability of the standard regulatory
[[Page 93638]]
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 November 27,
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);
(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 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 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 F-1 nonimmigrant students from Lebanon enrolled in
kindergarten through grade 12 at a private school, or grades 9 through
12 at a public high school. Such students must maintain the minimum
number of hours of class attendance per week prescribed by the academic
institution for normal progress toward graduation, as required under
8CFR214.2(f)(6)(i)(E). The suspension of certain regulatory
requirements related to employment through this notice is applicable to
all eligible F-1 nonimmigrant students regardless of educational level.
Eligible F-1 nonimmigrant students from Lebanon enrolled in an
elementary school, middle school, or high school may benefit from the
suspension of the requirement in 8 CFR 214.2(f)(9)(i) that limits on-
campus employment to 20 hours per week while school is in session.
On-Campus Employment Authorization
Will an F-1 nonimmigrant student who receives on-campus employment
authorization under this notice be authorized to work more than 20
hours per week while school is in session?
Yes. For an F-1 nonimmigrant student covered in this notice, the
Secretary is suspending the applicability of the requirement in 8 CFR
214.2(f)(9)(i) that limits an F-1 nonimmigrant student's on-campus
employment to 20 hours per week while school is in session. An eligible
F-1 nonimmigrant student has authorization to work more than 20 hours
per week while school is in session if the DSO has entered the
following statement in the remarks field of the student's SEVIS record,
which will be reflected on the student's Form I-20:
Approved for more than 20 hours per week of on-campus employment
and reduced course load, under the Special Student Relief
authorization from [DSO must insert the beginning date of this
notice or the beginning date of the student's employment, whichever
date is later] until [DSO must insert the student's program end date
or the end date of this notice, whichever date comes first].\46\
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\46\ Because the suspension of requirements under this notice
applies throughout an academic term during which the suspension is
in effect, DHS considers an F-1 nonimmigrant student who engages in
a reduced course load or employment (or both) after this notice is
effective to be engaging in a ``full course of study,'' see 8 CFR
214.2(f)(6), and eligible for employment authorization, through the
end of any academic term for which such student is matriculated as
of May 27, 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 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 on-campus employment
when school is not in session or during school vacations apply, as
described in 8 CFR 214.2(f)(9)(i).
Will an F-1 nonimmigrant student who receives on-campus employment
authorization under this notice have authorization to reduce the normal
course load and still maintain his or her F-1 nonimmigrant student
status?
Yes. DHS will deem an F-1 nonimmigrant student who receives on-
campus employment authorization under this notice to be engaged in a
``full course of study'' \47\ for the purpose of maintaining their F-1
nonimmigrant student status for the duration of the on-campus
employment, if the student satisfies the minimum course load
requirement described in this notice, consistent with 8 CFR
214.2(f)(6)(i)(F). However, the authorization to reduce the normal
course load is solely for DHS purposes of determining valid F-1
nonimmigrant student status. Nothing in this notice mandates that
school officials allow an F-1 nonimmigrant student to take a reduced
course load if the reduction would not meet the academic institution's
minimum course load requirement for continued enrollment.\48\
---------------------------------------------------------------------------
\47\ See 8 CFR 214.2(f)(6).
\48\ Minimum course load requirement for enrollment in a school
must be established in a publicly available document (e.g., catalog,
website, or operating procedure), and it must be a standard
applicable to all students (U.S. citizens and foreign students)
enrolled at the school.
---------------------------------------------------------------------------
Off-Campus Employment Authorization
What regulatory requirements does this notice temporarily suspend
relating to off-campus employment?
For an F-1 nonimmigrant student covered by this notice, as provided
under 8 CFR 214.2(f)(9)(ii)(A), the Secretary is suspending the
following regulatory requirements relating to off-campus employment:
(a) The requirement that a student must have been in F-1
nonimmigrant student status for one full academic year to be eligible
for off-campus employment;
(b) The requirement that an F-1 nonimmigrant student must
demonstrate that acceptance of employment will not interfere with the
student's carrying a full course of study;
(c) The requirement that limits an F-1 nonimmigrant student's
employment authorization to no more than 20 hours per week of off-
campus employment while the school is in session; and
(d) The requirement that the student demonstrate that employment
under 8 CFR 214.2(f)(9)(i) is unavailable or otherwise insufficient to
meet the needs that have arisen as a result of the unforeseen
circumstances.
[[Page 93639]]
Will an F-1 nonimmigrant student who receives off-campus employment
authorization under this notice have authorization to reduce the normal
course load and still maintain F-1 nonimmigrant status?
Yes. DHS will deem an F-1 nonimmigrant student who receives off-
campus employment authorization by means of this notice to be engaged
in a ``full course of study'' \49\ for the purpose of maintaining F-1
nonimmigrant student status for the duration of the student's
employment authorization if the student satisfies the minimum course
load requirement described in this notice, consistent with 8 CFR
214.2(f)(6)(i)(F). The authorization for a reduced course load is
solely for DHS purposes of determining valid F-1 nonimmigrant student
status. Nothing in this notice mandates that school officials allow an
F-1 nonimmigrant student to take a reduced course load if such reduced
course load would not meet the school's minimum course load
requirement.\50\
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\49\ See 8 CFR 214.2(f)(6).
\50\ Minimum course load requirement for enrollment in a school
must be established in a publicly available document (e.g., catalog,
website, or operating procedure), and it must be a standard
applicable to all students (U.S. citizens and foreign students)
enrolled at the school.
---------------------------------------------------------------------------
How may an eligible F-1 nonimmigrant student obtain employment
authorization for off-campus employment with a reduced course load
under this notice?
An F-1 nonimmigrant student must file a Form I-765, Application for
Employment Authorization, with USCIS to apply for off-campus employment
authorization based on severe economic hardship directly resulting from
the current crisis in Lebanon.\51\ Filing instructions are located at
<a href="https://www.uscis.gov/i-765">https://www.uscis.gov/i-765</a>.
---------------------------------------------------------------------------
\51\ See 8 CFR 274a.12(c)(3)(iii).
---------------------------------------------------------------------------
Fee considerations. Submission of a Form I-765 currently requires
payment of a $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
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].\52\
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\52\ Because the suspension of requirements under this notice
applies throughout an academic term during which the suspension is
in effect, DHS considers an F-1 nonimmigrant student who engages in
a reduced course load or employment (or both) after this notice is
effective to be engaging in a ``full course of study,'' see 8 CFR
214.2(f)(6), and eligible for employment authorization, through the
end of any academic term for which such student is matriculated as
of May 27, 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'' \53\ at the time of the request
for employment authorization;
---------------------------------------------------------------------------
\53\ See 8 CFR 214.2(f)(6).
---------------------------------------------------------------------------
(b) The F-1 nonimmigrant student is a citizen of 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 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 the student is at
the graduate level; \54\ and
---------------------------------------------------------------------------
\54\ 8 CFR 214.2(f)(5)(v).
---------------------------------------------------------------------------
(d) The off-campus employment is necessary to alleviate severe
economic hardship to the individual as a direct result of the current
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 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.'' \55\ Failure to include this notation may
result in significant processing delays.
---------------------------------------------------------------------------
\55\ 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).
---------------------------------------------------------------------------
If USCIS approves the student's Form I-765, USCIS will send the
student a Form I-766 EAD as evidence of employment authorization. The
EAD will contain an expiration date that does not exceed the end of the
granted temporary relief.
Temporary Protected Status (TPS) Considerations
Can an F-1 nonimmigrant student apply for TPS and for benefits under
this notice at the same time?
Yes. An F-1 nonimmigrant student who has not yet applied for TPS or
for other relief that reduces the student's course load per term and
permits an increased number of work hours per week, such as Special
Student Relief,\56\ under this notice has two options.
---------------------------------------------------------------------------
\56\ See DHS Study in the States, Special Student Relief,
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
Lebanon for TPS elsewhere in this issue of the Federal Register. All
TPS applicants must file a Form I-821, Application for
[[Page 93640]]
Temporary Protected Status, with the appropriate fee (or request a fee
waiver). Although not required to do so, if F-1 nonimmigrant students
want to obtain a new TPS-related EAD that is valid through May 27,
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 Lebanon for TPS. If the F-1
nonimmigrant student has already applied for employment authorization
under Special Student Relief, they are not required to submit the Form
I-765 as part of the TPS application. However, some nonimmigrant
students may wish to obtain a TPS-related EAD in light of certain
extensions that may be available to EADs with an A-12 or C-19 category
code that are not available to the C-3 category under which Special
Student Relief falls. The F-1 nonimmigrant student should check the
appropriate box when filling out Form I-821 to indicate whether a TPS-
related EAD is being requested. Again, as long as the F-1 nonimmigrant
student maintains the minimum course load described in this notice and
does not otherwise violate the student's nonimmigrant status, included
as provided under 8 CFR 214.1(g), the nonimmigrant will be able to
maintain compliance requirements for F-1 nonimmigrant student status
while having TPS.
When a student applies simultaneously for TPS and benefits under this
notice, what is the minimum course load requirement while an
application for employment authorization is pending?
The F-1 nonimmigrant student must maintain normal course load
requirements for a ``full course of study'' \57\ unless or until the
nonimmigrant student receives employment authorization under this
notice. TPS-related employment authorization, by itself, does not
authorize a nonimmigrant student to drop below twelve credit hours, or
otherwise applicable minimum requirements (e.g., clock hours for non-
traditional academic programs). Once approved for a TPS-related EAD and
Special Student Relief employment authorization, as indicated by the
DSO's required entry in SEVIS and issuance of an updated Form I-20, the
F-1 nonimmigrant student may drop below twelve credit hours, or
otherwise applicable minimum requirements (with a minimum of six
semester or quarter hours of instruction per academic term if at the
undergraduate level, or for a minimum of three semester or quarter
hours of instruction per academic term if at the graduate level). See 8
CFR 214.2(f)(5)(v), (f)(6), and (f)(9)(i) and (ii).
---------------------------------------------------------------------------
\57\ See 8 CFR 214.2(f)(6).
---------------------------------------------------------------------------
How does a student who has received a TPS-related EAD then apply for
authorization to take a reduced course load under this notice?
There is no further application process with USCIS if a student has
been approved for a TPS-related EAD. The F-1 nonimmigrant student must
demonstrate and provide documentation to the DSO of the direct economic
hardship resulting from the current crisis in Lebanon. 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.
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 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'' \58\ 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
[[Page 93641]]
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).
---------------------------------------------------------------------------
\58\ See 8 CFR 214.2(f)(6).
---------------------------------------------------------------------------
How does an F-1 student who has received a DED-related EAD then apply
for authorization to take a reduced course load under this notice?
There is no further application process with USCIS if a student has
been approved for a DED-related EAD. However, the F-1 nonimmigrant
student must demonstrate and provide documentation to the DSO of severe
economic hardship as a direct result of the current humanitarian crisis
in 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 until May 27, 2026,\59\ 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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\59\ Because the suspension of requirements under this notice
applies throughout an academic term during which the suspension is
in effect, DHS considers an F-1 nonimmigrant student who engages in
a reduced course load or employment (or both) after this notice is
effective to be engaging in a ``full course of study,'' see 8 CFR
214.2(f)(6), and eligible for employment authorization, through the
end of any academic term for which such student is matriculated as
of May 27, 2026, provided the student satisfies the minimum course
load requirements 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 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 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. 2024-27787 Filed 11-26-24; 8:45 am]
BILLING CODE 9111-CB-P
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</html>Indexed from Federal Register on November 27, 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.