[Federal Register Volume 81, Number 175 (Friday, September 9, 2016)]
[Notices]
[Pages 62520-62521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21525]
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DEPARTMENT OF HOMELAND SECURITY
[DHS Docket No. ICEB- 2013-0001]
RIN 1653-ZA10
Extension of and Addition to Employment Authorization for Syrian
F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a
Direct Result of Civil Unrest in Syria Since March 2011
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 and
addition to an earlier notice, which suspended certain requirements for
F-1 nonimmigrant students whose country of citizenship is Syria and who
are experiencing severe economic hardship as a direct result of the
civil unrest in Syria since March 2011. This notice extends the
effective date of that notice and expands the application of such
suspension to students whose country of citizenship is Syria and who
lawfully obtained F-1 nonimmigrant student status between the date of
the original notice and September 9, 2016.
DATES: This notice is effective September 9, 2016 and will remain in
effect until March 31, 2018.
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; email:
[email protected], telephone: (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 his 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 Syria and
who are experiencing severe economic hardship as a direct result of the
civil unrest in Syria since March 2011. See 77 FR 20038 (April 3,
2012). This notice also suspends these same regulatory requirements for
students whose country of citizenship is Syria and who lawfully
obtained F-1 nonimmigrant student status between the date of the
original notice and September 9, 2016. The original notice was
effective from April 3, 2012 until October 3, 2013. A subsequent notice
provided for an 18-month extension from October 3, 2013, through March
31, 2015. See 78 FR 36211 (June 17, 2013). A third notice provided
another 18-month extension from March 31, 2015, through September 30,
2016. See 80 FR 232 (January 5, 2015). Effective with this publication,
suspension of the employment limitations is extended for 18 months from
September 30, 2016, until March 31, 2018. This publication also
suspends the applicability of the same regulatory requirements in 8 CFR
214.2(f)(9) for students who meet the requirements contained in the
notice below as of September 9, 2016.
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 77 FR
20038. 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 Syria and who were lawfully present in the
United States in F-1 nonimmigrant status on or after April 3, 2012,
through September 9, 2016 under section 101(a)(15)(F)(i) of the
Immigration and Nationality Act (INA), 8 U.S.C. 1101(a)(15)(F)(i); and
are--
(1) Enrolled in an institution that is Student and Exchange Visitor
Program (SEVP)-certified for enrollment of F-1 students,
(2) Currently maintaining F-1 status, and
(3) Experiencing severe economic hardship as a direct result of the
ongoing civil unrest in Syria since March 2011.
ICE records show that as of August 2016, there are approximately
700 Syrian F-1 Visa holders in active status who would be covered by
this notice. This notice applies to both 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 at 77 FR 20040, available at http://www.gpo.gov/fdsys/pkg/FR-2012-04-03/pdf/2012-7960.pdf, 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 Syria and who experienced severe economic hardship
because of the civil unrest in Syria since March 2011. See 77 FR 20038
(April 3, 2012). 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. In June 2013 and again in January 2015, DHS
acknowledged that the the civil unrest in Syria continued to affect
Syria's citizens, with many people still displaced as a result. DHS
extended the application of the original April 3, 2012, notice through
September 30, 2016, to continue to provide temporary relief to Syrian
F-1 students who experienced severe economic hardship as a result of
the conflict. Despite DHS's determination that the civil conflict in
Syria continued well beyond the October 3, 2013 expiration date of the
original notice, previous extensions of the original notice did not
make temporary relief available to Syrian F-1 students who became
lawfully present in the United States in F-1 nonimmigrant status after
April 3, 2012.
The conflict in Syria continues to affect the physical and economic
security of its citizens. Syria is experiencing ongoing civil unrest,
resulting in the continuing displacement of massive numbers of its
citizens. As of October 2015, a United Nations report indicated that
approximately 6.5 million Syrians were internally displaced. A number
of violent extremist groups have factored prominently in the conflict
and pose a danger to civilians. Various radical Islamist organizations
have been actively engaged in armed resistance in
[[Page 62521]]
Syria. In early 2014, the Islamic State of Iraq and the Levant (ISIL)
emerged as one of the most significant radical Islamist fighting
forces. The al-Nusra Front (also known as Jabhat Fateh al-Sham and/
orJabhat al Nusra) represents the interests of al-Qaeda in Syria. These
jihadist groups have engaged in indiscriminate attacks including
bombings and suicide attacks throughout Syria. Most recently on March
17, 2016, U.S. Secretary of State John Kerry declared that ISIL had
committed acts of genocide against groups of people living in areas of
Syria under ISIL control, including Yezidis, Christians, and Shia
Muslims.
Furthermore, various aspects of the conflict including economic
sanctions imposed by the international community have negatively
affected the entire Syrian economy. A report published by the Syrian
Center for Policy Research, referenced by a publication from the
Carnegie Middle East Center in Beirut, indicated that by the end of
2014, 82% of Syrian people lived in poverty, and the country had an
unemployment rate of 58%. The report also estimated that 877,000 people
in Syria became poor in part due to economic sanctions. As of December
2014, the World Bank determined that the conflict in Syria
significantly damaged public and private assets, with Syria's GDP
having declined an average of 15.4%. The World Bank also assessed that
inflation increased by almost 90% in 2013 and further increased an
average of 29% in 2014. Given the conditions in Syria, affected
students whose primary means of financial support come from Syria may
need to be exempt from the normal student employment requirements to be
able to continue their studies in the United States and meet basic
living expenses.
The United States is committed to continuing to assist the people
of Syria. DHS is therefore extending this employment authorization for
F-1 nonimmigrant students whose country of citizenship is Syria and who
are continuing to experience severe economic hardship as a result of
the civil unrest since March 2011, including those who became lawfully
present in F-1 nonimmigrant status between April 3, 2012, and September
9, 2016.
How do I apply for an employment authorization under the circumstances
of this notice?
F-1 nonimmigrant students whose country of citizenship is Syria who
were lawfully present in the United States on or after April 3, 2012,
through September 9, 2016, and are experiencing severe economic
hardship because of the civil unrest, may apply for employment
authorization under the guidelines described in 77 FR 20038. This
notice extends the time period during which such F-1 students may seek
employment authorization due to the civil unrest. 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.
Jeh Charles Johnson,
Secretary.
[FR Doc. 2016-21525 Filed 9-8-16; 8:45 am]
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