[Federal Register Volume 77, Number 190 (Monday, October 1, 2012)]
[Notices]
[Pages 59942-59943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-23825]


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DEPARTMENT OF HOMELAND SECURITY

[DHS Docket No. ICEB-2012-0004]
RIN 1653-ZA01


Extension of Employment Authorization for Haitian F-1 
Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct 
Result of the January 12, 2010 Earthquake in Haiti

AGENCY: U.S. Immigration and Customs Enforcement (ICE), DHS.

ACTION: Notice.

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SUMMARY: This notice informs the public of the extension of an earlier 
notice, which suspended certain requirements for F-1 nonimmigrant 
students whose country of citizenship is Haiti and who are experiencing 
severe economic hardship as a direct result of the January 12, 2010 
earthquake in Haiti. This notice extends the effective date of that 
notice.

DATES: This notice is effective October 1, 2012 and will remain in 
effect through July 22, 2014.

FOR FURTHER INFORMATION CONTACT: Louis Farrell, Director, Student and 
Exchange Visitor Program; MS 5600, U.S. Immigration and Customs 
Enforcement; 500 12th Street SW., Washington, DC 20536-5600; (703) 603-
3400. This is not a toll-free number. Program information can be found 
at http://www.ice.gov/sevis/.

SUPPLEMENTARY INFORMATION:

What action is DHS taking under this notice?

    The Secretary of Homeland Security is exercising her authority 
under 8 CFR 214.2(f)(9) to extend the suspension of the applicability 
of certain requirements governing on-campus and off-campus employment 
for F-1 nonimmigrant students whose country of citizenship is Haiti and 
who are experiencing severe economic hardship as a direct result of the 
January 12, 2010 earthquake in Haiti. See 75 FR 56120, September 15, 
2010. The original notice was effective from September 15, 2010 until 
July 22, 2011, with a subsequent notice providing for an 18-month 
extension from July 22, 2011 until January 22, 2013. See 76 FR 28997, 
May 19, 2011. Effective with this publication, suspension of the 
requirements is extended for an additional 18 months, through July 22, 
2014.
    F-1 nonimmigrant students granted employment authorization through 
the notice will continue to be deemed to be engaged in a ``full course 
of study'' for the duration of their employment authorization, provided 
they satisfy the minimum course load requirement described in 75 FR 
56120. See 8 CFR 214.2(f)(6)(i)(F).

Who is covered under this action?

    This notice applies exclusively to F-1 nonimmigrant students whose 
country of citizenship is Haiti and who were lawfully present in the 
United States in F-1 nonimmigrant status on January 12, 2010 under 
section 101(a)(15)(F)(i) of the Immigration and Nationality Act (INA), 
8 U.S.C. 1101(a)(15)(F)(i), and (1) are enrolled in an institution that 
is Student and Exchange Visitor Program (SEVP)-certified for enrollment 
of F-1 students, (2) are currently maintaining F-1 status, and (3) are 
experiencing severe economic hardship as a direct result of the January 
12, 2010 earthquake in Haiti.
    This notice applies both to undergraduate and graduate students, as 
well as elementary school, middle school, and high school students. The 
notice, however, applies differently to elementary school, middle 
school, and high school students (see the discussion published in 75 FR 
56121 in the question, ``Does this notice apply to elementary school, 
middle school, and high school students in F-1 status?'').
    F-1 students covered by this notice who transfer to other academic 
institutions that are SEVP-certified for enrollment of F-1 students 
remain eligible for the relief provided by means of this notice.

Why is DHS taking this action?

    The Department of Homeland Security (DHS) took action to provide 
temporary relief to F-1 nonimmigrant students whose country of 
citizenship is Haiti and experienced severe economic hardship as a 
result of the January 12, 2010 earthquake. See 75 FR 56120. It enabled 
these F-1 students to obtain employment authorization, work an 
increased number of hours while school was in session, and reduce their 
course load, while continuing to maintain their F-1 student status.
    Haiti continues to struggle, with many people still displaced as a 
result of the earthquake. As Haiti rebuilds, the country continues to 
experience significant difficulties in recovering. F-1 nonimmigrant 
students whose country of citizenship is Haiti may depend on

[[Page 59943]]

money from relatives in Haiti who are themselves continuing to recover 
from the earthquake.
    The United States is committed to continuing to assist the people 
of Haiti. DHS is therefore extending this employment authorization for 
F-1 nonimmigrant students whose country of citizenship is Haiti and who 
are continuing to experience severe economic hardship as a result of 
the earthquake.

How do I apply for an employment authorization under the circumstances 
of this notice?

    F-1 nonimmigrant students whose country of citizenship is Haiti who 
were lawfully present in the United States on January 12, 2010 and are 
experiencing severe economic hardship as a result of the earthquake may 
apply for employment authorization under the guidelines described in 75 
FR 56120. This notice extends the time period during which such F-1 
students may seek employment authorization due to the earthquake. It 
does not impose any new or additional policies or procedures beyond 
those listed in the original notice. All interested F-1 students should 
follow the instructions listed in the original notice.

Janet Napolitano,
Secretary.
[FR Doc. 2012-23825 Filed 9-28-12; 8:45 am]
BILLING CODE 9111-28-P