[Federal Register Volume 63, Number 111 (Wednesday, June 10, 1998)]
[Rules and Regulations]
[Pages 31872-31874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15507]



[[Page 31871]]

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Part V





Department of Justice





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Immigration and Naturalization Service



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8 CFR Part 214



Authorizing Suspension of Applicability of Employment Authorization 
Requirements in Emergent Circumstances for Certain F-1 Students; 
Employment Authorization for Certain F-1 Nonimmigrant Students Whose 
Means of Financial Support Comes From Indonesia, South Korea, Malaysia, 
Thailand, or the Philippines; Rules

  Federal Register / Vol. 63, No. 111 / Wednesday, June 10, 1998 / 
Rules and Regulations  

[[Page 31872]]



DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 214

[INS No. 1914-98]
RIN 1115-AF15


Authorizing Suspension of Applicability of Employment 
Authorization Requirements in Emergent Circumstances for Certain F-1 
Students

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Interim rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: This interim rule amends the regulations of the Immigration 
and Naturalization Service (Service) that apply to nonimmigrant aliens 
who are admitted to the United States in F-1 student classification for 
duration of status under section 101(a)(15)(F)(i) of the Immigration 
and Nationality Act (Act), and who are seeking either on-campus 
employment or authorization for off-campus employment. The rule allows 
the Commissioner, by notice in the Federal Register, to permit 
specified F-1 students to engage in on-campus employment for more than 
20 hours per week and to suspend the applicability of the eligibility 
requirements for off-campus employment authorization, where emergent 
circumstances exist. F-1 students who find it necessary to reduce their 
normal course of study in order to engage in this specially authorized 
employment will be considered to be maintaining status and pursuing a 
full course of study. This interim rule is necessary to provide a means 
for the Service to take immediate action when emergency situations 
arise.

DATES: Effective date: This interim rule is effective June 10, 1998.
    Comment date: Written comments must be submitted on or before 
August 10, 1998.

ADDRESSES: Please submit written comments, in triplicate, to the 
Director, Policy Directives and Instructions Branch, Immigration and 
Naturalization Service, 425 I Street, NW., Room 5307, Washington, DC 
20536. To ensure proper handling, please reference INS No. 1914-98 on 
your correspondence. Comments are available for public inspection at 
the above address by calling (202) 514-3048 to arrange for an 
appointment.

FOR FURTHER INFORMATION CONTACT: Maurice R. Berez, Adjudications 
Officer, Office of Adjudications, Immigration and Naturalization 
Service, 425 I Street NW., Room 3214, Washington, DC 20536, telephone 
(202) 514-5014.
SUPPLEMENTARY INFORMATION:

Background

    Current regulations at 8 CFR 214.2(f)(8) permit F-1 students to 
engage in on-campus or off-campus employment while pursuing their 
studies in the United States as long as certain requirements are met. 
The regulations provide no flexibility in these requirements. Crises 
may arise, however, that warrant suspension of some or all of the 
requirements for certain students. An amendment to the current 
regulations is necessary to provide the Commissioner a means to 
institute immediate measures for affected students in case of a crisis. 
The most expedient means is by notice in the Federal Register. This 
interim rule amends the regulations to provide such a procedure with 
respect to on-campus employment, off-campus employment authorization, 
duration of status, and full course of study.

On-Campus Employment

    Under the current regulations for on-campus employment at 8 CFR 
214.2(f)(9)(i), F-1 students may work no more than 20 hours per week 
when school is in session. Current regulations provide no exceptions to 
thIS limitation. This rule amends the regulations for on-campus 
employment to permit the Commissioner, by notice in the Federal 
Register, to allow specified F-1 students to work on-campus more than 
20 hours per week for a temporary period where an emergency situation 
has arisen. Before a student may engage in such employment, the student 
must demonstrate to the Designated School Official (DSO) at the 
student's school that the employment is necessary to avoid severe 
economic hardship resulting from the emergency, and the DSO must notate 
the student's Form I-20, Certificate of Eligibility for Nonimmigrant 
(F-1) Student Status, in accordance with the Federal Register document.

Off-Campus Employment Authorization

    Current regulations at 8 CFR 214.2(f)(9)(ii) provide that an F-1 
student may be authorized to work off-campus where: the student has 
been in F-1 status for one full academic year; the student is in good 
academic standing and is carrying a ``full course of study;'' the 
student demonstrates that the employment will not interfere with his or 
her ability to carry a full course of study; and the student 
demonstrates that he or she must work to avoid severe economic hardship 
due to unforeseen circumstances beyond the student's control. Just as 
with on-campus employment, a student granted off-campus employment 
authorization may work no more than 20 hours per week when school is in 
session. The student may work full-time during holidays or school 
vacations. Section 214.2(f)(9)(ii)(A) of the current regulations 
provides for automatic termination of employment authorization where 
the student fails to maintain his or her F-1 status as set forth in 8 
CFR 214.2(f)(5).
    To provide the necessary flexibility to address unforeseeable 
emergencies, this rule amends the regulations to allow the 
Commissioner, by notice in the Federal Register, to suspend the 
applicability of some or all of the requirements for off-campus 
employment authorization for specified F-1 students where an emergency 
situation has arisen calling for this action.

Duration of Status and Full Course of Study

    To maintain F-1 status, all F-1 students must pursue a full course 
of study. The time during which an F-1 student is pursuing a full 
course of study is called ``duration of status.'' See 8 CFR 
214.2(f)(5). An F-1 student who pursues less than a full course of 
study and violates his or her status can seek reinstatement if he or 
she meets the requirements of 8 CFR 214.2(f)(16). Where the 
Commissioner has exercised her authority established by this interim 
rule to suspend the applicability of the requirements for on-campus and 
off-campus employment authorization by notice in the Federal Register, 
affected F-1 students may, but are not required to, pursue less than 
their normal course of study in order to meet their financial needs by 
accepting the authorized employment. So that these students will not be 
considered to have violated their status, this interim rule amends the 
regulations at 8 CFR 214.2(f)(5) to provide that affected F-1 students 
carrying a reduced course load will be considered to be in status 
during the authorized employment, as long as the student remains 
registered for a minimum course load, which will be specified in the 
Federal Register document. Under the rule, in no event may the minimum 
course load be less than 6 semester or quarter hours of instruction per 
academic term if the student is at the undergraduate level or 3 
semester or quarter hours of instruction per academic term if the 
student is at the graduate level. In addition, the rule amends the 
regulations defining ``full course of study'' at 8 CFR 214.2(f)(6) to 
provide

[[Page 31873]]

that affected F-1 students carrying a reduced course load will be 
deemed to be engaged in a full course of study during the authorized 
employment, as long as the student remains registered for a minimum 
course load, which may not be less than the number of semester or 
quarter hours specified in the Federal Register document. Because 
affected F-1 students who must reduce their course load will be 
considered to be in status, they do not need to request reinstatement 
to return to a full course of study.

Good Cause Exception

    The Service's implementation of this rule as an interim rule, with 
provision for post-promulgation public comment, is based upon the 
``good cause'' exception found at 5 U.S.C. 553(b)(3)(B) and 553(d)(3). 
This rule permits the Commissioner to suspend the application of 
certain regulatory requirements where an emergency situation arises 
calling for such action. Immediate implementation is necessary because 
emergency circumstances have, in fact, arisen that require immediate 
action by the Service. A number of Asian countries are experiencing an 
extreme economic crisis as a result of a sharp drop in the value of 
their currencies. This crisis will have a severe impact on the United 
States' national interest. Thailand, Indonesia, Malaysia, South Korea, 
and the Philippines are among the hardest hit by this crisis.
    There are approximately 80,000 nationals currently in the United 
States whose means of financial support comes from one of these five 
countries. As a result of the crisis in the five countries, many of 
these students may not be able to afford to remain in school or meet 
living expenses and will be forced to leave the United States. The 
President and the Secretary of State have requested the Government to 
assist in addressing this crisis in order to further important foreign 
policy interests. In light of this crisis, the Service must implement a 
mechanism to aid affected students immediately. In this issue of the 
Federal Register, the Service is simultaneously issuing a document with 
this interim rule to notify the public of the suspension of 
applicability of certain requirements under 8 CFR 214.2(f)(9) for F-1 
students whose means of financial support comes from South Korea, 
Thailand, Indonesia, Malaysia and the Philippines.

Regulatory Flexibility Act

    The Commissioner of the Immigration and Naturalization Service, in 
accordance with 5 U.S.C. 605(b), has reviewed this interim rule and, by 
approving it, certifies that this rule does not have a significant 
economic impact on a substantial number of small entities since this 
rule affects individual aliens, not small entities as that term is 
defined in 5 U.S.C. 601(b).

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by state, local and 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more in any 1 year, and it will not significantly or 
uniquely affect small governments. Therefore, no actions were deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 804 of the 
Small Business Regulatory Enforcement Act of 1996. This rule will not 
result in an annual effect on the economy of $100 million or more; a 
major increase in costs or prices; or significant adverse effects on 
competition, employment, investment, productivity, innovation, or on 
the ability of United States-based companies to compete with foreign-
based companies in domestic and export markets.

Executive Order 12866

    This rule is considered by the Department of Justice, Immigration 
and Naturalization Service, to be a ``significant regulatory action'' 
under Executive Order 12866, section 3(f), Regulatory Planning and 
Review. Accordingly, it has been submitted to the Office of Management 
and Budget for review.

Executive Order 12612

    The regulation adopted herein will not have substantial direct 
effects on the States, on the relationship between the National 
Government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, in 
accordance with Executive Order 12612, it is determined that this rule 
does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.

Executive Order 12988 Civil Justice Reform

    This interim rule meets the applicable standards set forth in 
sections 3(a) and 3(b)(2) of E.O. 12988.

List of Subjects in 8 CFR Part 214

    Administrative practice and procedures, Aliens, Employment, 
Organization and functions (Government agencies).
    Accordingly, part 214 of chapter I of title 8 of the Code of 
Federal Regulations is amended as follows:

PART 214--NONIMMIGRANT CLASSES

    1. The authority citation for part 214 continues to read as 
follows:

    Authority: 8 U.S.C. 1101, 1103, 1182, 1184, 1186a, 1187, 1221, 
1281, 1282; 8 CFR part 2.

    2. Section 214.2 is amended by:
    a. Adding a new paragraph (f)(5)(v);
    b. Adding a new paragraph (f)(6)(i)(F);
    c. Revising the fifth sentence in paragraph (f)(9)(i); and by
    d. Adding a sentence at the end of paragraph (f)(9)(ii)(A), to read 
as follows:


Sec. 214.2  Special requirements for admission, extension, and 
maintenance of status.

* * * * *
    (f) * * *
    (5) * * *
    (v) Emergent circumstances as determined by the Commissioner. Where 
the Commissioner has suspended the applicability of any or all of the 
requirements for on-campus or off-campus employment authorization for 
specified students pursuant to paragraphs (f)(9)(i) or (f)(9)(ii) of 
this section by notice in the Federal Register, an affected student who 
needs to reduce his or her full course of study as a result of 
accepting employment authorized by such notice in the Federal Register 
will be considered to be in status during the authorized employment, 
subject to any other conditions specified in the notice, provided that, 
for the duration of the authorized employment, the student is 
registered for the number of semester or quarter hours of instruction 
per academic term specified in the notice, which in no event shall be 
less than 6 semester or quarter hours of instruction per academic term 
if the student is at the undergraduate level or less than 3 semester or 
quarter hours of instruction per academic term if the student is at the 
graduate level, and is continuing to make progress toward completing 
the course of study.
    (6) * * *
    (i) * * *
    (F) Notwithstanding paragraphs (f)(6)(i)(A) and (f)(6)(i)(B) of 
this section, an alien who has been granted employment authorization 
pursuant to the terms of a document issued by the Commissioner under 
paragraphs (f)(9)(i)

[[Page 31874]]

or (f)(9)(ii) of this section and published in the Federal Register 
shall be deemed to be engaged in a ``full course of study'' if he or 
she remains registered for no less than the number of semester or 
quarter hours of instruction per academic term specified by the 
Commissioner in the notice for the validity period of such employment 
authorization.
* * * * *
    (9) * * *
    (i) On-campus employment. * * * Employment authorized under this 
paragraph must not exceed 20 hours a week while school is in session, 
unless the Commissioner suspends the applicability of this limitation 
due to emergent circumstances, as determined by the Commissioner, by 
means of notice in the Federal Register, the student demonstrates to 
the DSO that the employment is necessary to avoid severe economic 
hardship resulting from the emergent circumstances, and the DSO notates 
the Form I-20 in accordance with the Federal Register document.* * *
    (ii) * * *
    (A) General.  * * * In emergent circumstances as determined by the 
Commissioner, the Commissioner may suspend the applicability of any or 
all of the requirements of paragraph (f)(9)(ii) of this section by 
notice in the Federal Register.
* * * * *
    Dated: May 1, 1998.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 98-15507 Filed 6-8-98; 2:23 pm]
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