[Federal Register Volume 86, Number 76 (Thursday, April 22, 2021)]
[Notices]
[Pages 21333-21339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08302]


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

DEPARTMENT OF HOMELAND SECURITY

[DHS Docket No. ICEB-2021-0002]
RIN 1653-ZA16


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), Department of 
Homeland Security (DHS).

SUMMARY: This notice announces that the Secretary of Homeland Security 
(Secretary) has suspended certain regulatory requirements for F-1 
nonimmigrant students whose country of citizenship is Syria (regardless 
of country of birth) and who are experiencing severe economic hardship 
as a direct result of the civil unrest in Syria since March 2011. The 
Secretary is taking action to provide relief to Syrian citizens who are 
lawful F-1 nonimmigrant students 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 F-1 
nonimmigrant student status. DHS will deem an F-1 nonimmigrant student 
who receives employment authorization by means of this notice to be 
engaged in a ``full course of study'' for the duration of the 
employment authorization, if the nonimmigrant student satisfies the 
minimum course load requirement described in this notice.

DATES: This F-1 Notice is effective April 22, 2021 and will remain in 
effect until September 30, 2022.

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: [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 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 Syria (regardless of country of birth), who 
are present in the United States in lawful F-1 nonimmigrant student 
status as of April 22, 2021, and who are experiencing severe economic 
hardship as a direct result of the civil unrest in Syria since March 
2011. The original notice, which applied to F-1 nonimmigrant students 
who met certain criteria, including having been lawfully present in the 
United States in F-1 nonimmigrant status on April 3, 2012, was 
effective from April 3, 2012, until October 3, 2013. See 77 FR 20038 
(April 3, 2012). 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). 
A fourth notice provided another 18-month extension from September 30, 
2016, through March 31, 2018, and expanded the applicability of such 
suspension to Syrian F-1 nonimmigrant students who were in lawful F-1 
nonimmigrant student status between April 3, 2012 and September 9, 
2016. See 81 FR 62520 (September 9, 2016). A fifth notice

[[Page 21334]]

provided another 18-month extension from March 31, 2018, until 
September 30, 2019. See 83 FR 11553 (March 15, 2018). Effective with 
this publication, suspension of the employment limitations is available 
through September 30, 2022, for those who are in lawful F-1 
nonimmigrant status as of April 22, 2021. DHS will deem an F-1 
nonimmigrant student granted employment authorization through the 
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).
---------------------------------------------------------------------------

    \1\ Because the suspension of requirements 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 issued 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 September 
30, 2022, provided the student satisfies the minimum course load 
requirement in this notice. DHS also considers students who engage 
in online coursework pursuant to ICE coronavirus disease 2019 
(COVID-19) guidance for nonimmigrant students to be in compliance 
with regulations while such guidance remains in effect. See ICE 
Guidance and Frequently Asked Questions on COVID-19, available at 
https://www.ice.gov/coronavirus [last visited Mar. 2021].
---------------------------------------------------------------------------

Who is covered by this notice?

    This notice applies exclusively to F-1 nonimmigrant students who 
meet all of the following conditions:
    (1) Are citizens of Syria, regardless of country of birth;
    (2) Were lawfully present in the United States in an F-1 
nonimmigrant status on April 22, 2021, under section 101(a)(15)(F)(i) 
of the Immigration and Nationality Act (INA), 8 U.S.C. 
1101(a)(15)(F)(i);
    (3) Are enrolled in an academic institution that is Student and 
Exchange Visitor Program (SEVP)-certified for enrollment of F-1 
nonimmigrant students,
    (4) Are currently maintaining F-1 nonimmigrant status, and
    (5) Are experiencing severe economic hardship as a direct result of 
the ongoing civil unrest in Syria since March 2011.
    This notice applies to F-1 nonimmigrant students engaged in private 
kindergarten through grade 12, public school grades 9 through 12, and 
undergraduate and graduate education. F-1 nonimmigrant students covered 
by this notice who transfer to other SEVP-certified academic 
institutions remain eligible for the relief provided by means of this 
notice.

Why is DHS taking this action?

    As a result of the ongoing armed conflict and extraordinary and 
temporary conditions in Syria, the Secretary has extended and 
redesignated Syria for TPS for 18 months, from March 31, 2021 through 
September 30, 2022. See 86 FR 14946. Previously 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. See 77 FR 20038 (April 3, 2012). 
That action enabled these F-1 nonimmigrant students to obtain 
employment authorization, work an increased number of hours while the 
academic institution was in session, and reduce the students' course 
loads, while continuing to maintain F-1 nonimmigrant student status. 
DHS extended the temporary relief to these Syrian F-1 nonimmigrant 
students until September 30, 2019 through further notices issued in 
June 2013, January 2015, September 2016, and again in March 2018. In 
each of those notices, DHS acknowledged that the civil unrest in Syria 
continued to affect Syria's citizens, with many people still displaced 
as a result. Recognizing that the civil conflict in Syria continued 
well beyond the October 3, 2013 expiration date of the original notice, 
DHS's September 9, 2016 notice extended the application of the 
temporary relief in the original April 3, 2012 notice to those Syrian 
F-1 nonimmigrant students who were in lawful F-1 nonimmigrant status 
between April 3, 2012, and September 9, 2016.
    DHS has reviewed conditions in Syria and determined that making 
employment authorization available for eligible nonimmigrant students 
is again warranted due to the ongoing armed conflict and extraordinary 
temporary conditions in Syria. The conflict in Syria continues to 
affect the physical and economic security of its citizens. There are 
more than 13.4 million displaced Syrians in the region,\2\ of which 6.6 
million are Internally Displaced Persons (IDPs) \3\ and 5.6 million are 
United Nations High Commissioner for Refugees (UNHCR)-registered 
refugees.\4\ Of the country's 23 million people, 11.1 million require 
humanitarian assistance.\5\ Approximately 1.5 million Syrians were 
newly displaced by hostilities in 2020.\6\ Although the UNHCR reported 
that 371,600 Syrian IDPs chose to return to their places of origin in 
2020 \7\ and another 21,618 refugees returned to Syria in 2020,\8\ the 
UNHCR assessed that current conditions in Syria make it difficult for 
civilians to return safely anywhere in Syria.\9\
---------------------------------------------------------------------------

    \2\ United Nations High Commissioner for Refugees (UNHCR), 
Refugee Statistics, available at https://www.unrefugees.org/refugee-facts/statistics/ [last visited Feb. 2021].
    \3\ UNHCR Refugee Data Finder, December 2020, available at 
https://www.unhcr.org/refugee-statistics/
#:~:text=An%20estimated%2030%20%E2%80%93%2034%20million,age%20(end%2D
2019).&text=Developing%20countries%20host%2086%20per,per%20cent%20of%
20the%20total [last visited Feb. 2021].
    \4\ UNHCR, Operational Update Syria, October 2020, available at 
https://reporting.unhcr.org/sites/default/files/UNHCR%20Syria%20Operational%20Update%20October%202020.pdf [last 
visited Feb. 2021].
    \5\ Id.
    \6\ UNHCR Operational Update Syria, January 2020, available at 
https://www.unhcr.org/sy/wp-content/uploads/sites/3/2020/02/UNHCR-Syrias-Operational-Update-2020.pdf [last visited Feb. 2021].
    \7\ UNHCR, Operational Update Syria. October 2020, available at 
https://reporting.unhcr.org/sites/default/files/UNHCR%20Syria%20Operational%20Update%20October%202020.pdf [last 
visited Feb. 2021].
    \8\ Id.
    \9\ Id.
---------------------------------------------------------------------------

    The last publicly documented chemical weapons attack by the Syrian 
government was an attack using chlorine on May 19, 2019 in Syria's 
Latakia province that injured several civilians, and in October 2020, 
United States Ambassador to the United Nations (UN) Kelly Craft stated 
that Syria had breached its obligations under the Chemical Weapons 
Convention and a UN Security Council resolution to destroy its chemical 
weapons program.\10\
---------------------------------------------------------------------------

    \10\ Detsch, Jack, Lynch, Colum, Gramer, Robbie. (2020). ``Syria 
Is Still Trying to Use Chemical Weapons'', Foreign Policy. October 
6, 2020, available at https://foreignpolicy.com/2020/10/06/syria-chemical-weapons-trump-assad-russia-united-nations/ [last visited 
Mar. 2021].
---------------------------------------------------------------------------

    According to the Department of State (DOS), the regime also 
frequently employed cluster munitions and barrel bombs. Per DOS, the 
Syrian Network for Human Rights \11\ documented at least 3,420 barrel 
bombs dropped by Russian and Syrian helicopters and planes on Idlib, 
Syria, between April 2019 and September 2019, often striking civilians 
and civilian infrastructure, including homes, medical facilities, and 
schools. In the last weeks of December 2020, the regime's forces 
dropped barrel bombs in Maaret al-Norman, in northwest Syria, resulting 
in the deaths of a child and a humanitarian volunteer.\12\
---------------------------------------------------------------------------

    \11\ The Syrian Network for Human Rights (``an independent, 
neutral, non-governmental, non-profit human rights organization'' 
which documents human rights violations in Syria), available at 
https://sn4hr.org/ [last visited Feb. 2021].
    \12\ United States Department of State 2019 Country Reports on 
Human Rights Practices: Syria, available at https://www.state.gov/wp-content/uploads/2020/03/SYRIA-2019-HUMAN-RIGHTS-REPORT.pdf [last 
visited Mar. 2021].

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

[[Page 21335]]

    DOS reported that in late 2019, regime and pro-regime forces 
reportedly struck civilians in hospitals, residential areas, schools, 
and settlements for IDPs and refugee camps; these attacks included 
bombardment with barrel bombs in addition to the use of chemical 
weapons.\13\ These forces used the massacre of civilians, as well as 
their forced displacement, rape, starvation, and protracted sieges that 
occasionally forced local surrenders, as military tactics.\14\
---------------------------------------------------------------------------

    \13\ Id.
    \14\ Id.
---------------------------------------------------------------------------

    According to the UN Independent International Commission of Inquiry 
on the Syrian Arab Republic, Syrian Government forces carried out air 
and ground attacks in Syria which decimated civilian infrastructure and 
depopulated towns and villages, killing hundreds of women, men and 
children between November of 2019 and June of 2020.\15\ In a press 
release related to a report on conditions in Syria, Commission Chair 
Paulo Pinheiro stated that, ``Children were shelled at school, parents 
were shelled at the market, patients were shelled at the hospital . . . 
entire families were bombarded even while fleeing. What is clear from 
the military campaign is that pro-government forces and UN-designated 
terrorists flagrantly violated the laws of war and the rights of Syrian 
civilians.'' \16\
---------------------------------------------------------------------------

    \15\ UN Human Rights Council, 44 Session, Report of the 
Independent International Commission of Inquiry on the Syrian Arab 
Republic (A/HRC/44/61) (July 2020) available at https://reliefweb.int/sites/reliefweb.int/files/resources/A_HRC_44_61_AdvanceUneditedVersionFINAL_0.pdf [last visited Mar. 
2021].
    \16\ United Nations Human Rights Council (2020) ``Rampant Human 
Rights Violations and War crimes as War-torn Idlib Faces the 
Pandemic UN Syria Commission of Inquiry report'', available at 
https://www.ohchr.org/EN/HRBodies/HRC/Pages/NewsDetail.aspx?NewsID=26044&LangID=E [last visited Mar. 2021].
---------------------------------------------------------------------------

    Syria's economy has significantly deteriorated since the outbreak 
of conflict in 2011, declining by more than 70% from 2010 to 2017,\17\ 
the most recent year for which confirmed economic data is available. 
Over eight in ten Syrians live below the poverty line.\18\ Syria ranks 
last in the CIA World Factbook's survey of 224 countries in real annual 
Gross Domestic Product (GDP) growth rate, and 199th out of 228 
countries in real GDP per capita.\19\
---------------------------------------------------------------------------

    \17\ Central Intelligence Agency (2021) Syria-In The World 
Factbook, available at https://www.cia.gov/the-world-factbook/countries/syria/ [last visited Feb. 2021].
    \18\ Id.
    \19\ Id.
---------------------------------------------------------------------------

    Civilian health needs remain critical in Syria due to the ongoing 
conflict, and access to medical care is limited. Hundreds of thousands 
of civilians have suffered injuries, of which 57% are expected to 
sustain permanent impairment and require lifelong medical 
attention.\20\ In 2019, 50% of Syrian hospitals and 25% of healthcare 
facilities are estimated to be functional.\21\ From March 2011 through 
February 2020, Physicians for Human Rights, estimated 595 attacks 
impacting medical facilities. Physicians for Human Rights concluded 
that ninety percent of the attacks (536) were perpetrated by the Syrian 
government and allied forces.\22\ Additionally, during this time 923 
medical personnel were killed.\23\ Mass displacement has contributed to 
a reduction of up to 50% of qualified medical personnel in some areas, 
further compromising the provision of quality medical assistance.\24\
---------------------------------------------------------------------------

    \20\ UNHCR, Operational Update Syria. October 2020, available at 
https://reporting.unhcr.org/sites/default/files/UNHCR%20Syria%20Operational%20Update%20October%202020.pdf [last 
visited Feb. 2021].
    \21\ World Health Organization (WHO), Whole of Syria 
consolidated Health Resources and Services Availability Monitoring 
System (HeRAMS), Q4 2019, available at https://www.who.int/publications/m/item/herams-2019-annual-report [last visited Feb. 
2021].
    \22\ Physicians for Human Rights, ``Physicians for Human Rights' 
Findings of Attacks on Health Care in Syria''; findings as of 
February 2020, available at http://syriamap.phr.org/#/en/findings 
[last visited Feb. 2021].
    \23\ Id.
    \24\ UN Office for the Coordination of Humanitarian Affairs, 
2019 Humanitarian Needs Overview: Syrian Arab Republic (March 2019), 
available at https://reliefweb.int/sites/reliefweb.int/files/resources/2019_Syr_HNO_Full.pdf [last visited Mar. 2021].
---------------------------------------------------------------------------

    As of December 2020, 11.1 million people in Syria required 
humanitarian assistance, and 9.3 million people continue to face life-
threatening food insecurity.\25\ In 2020, the number of food insecure 
people increased by 22%, from 6.5 million in 2019 to 8 million people 
in 2020.\26\ Given the conditions in Syria, affected nonimmigrant 
students whose primary means of financial support come from Syria may 
need to be exempt from the normal nonimmigrant student employment 
requirements to be able to continue their studies in the United States 
and meet basic living expenses.
---------------------------------------------------------------------------

    \25\ UN Office for the Coordination of Humanitarian Affairs, 
Syrian Arab Republic: 2020 Humanitarian Response Plan (December 
2020), available at https://reliefweb.int/report/syrian-arab-republic/syrian-arab-republic-2020-humanitarian-response-plan-december-2020 [last visited Feb. 2021].
    \26\ Food Security Information Network--2020 Global Report on 
Food Crises, available at https://www.fsinplatform.org/sites/default/files/resources/files/GRFC_2020_ONLINE_200420.pdf [last 
visited Feb. 2021].
---------------------------------------------------------------------------

    The United States is committed to continuing to assist the people 
of Syria. ICE records show that, as of February 4, 2021, approximately 
254 Syrian F-1 nonimmigrants students were physically present in the 
United States and enrolled in SEVP-certified academic institutions. DHS 
is therefore making employment authorization available for F-1 
nonimmigrant students whose country of citizenship is Syria (regardless 
of country of birth), who are in lawful F-1 nonimmigrant student status 
as of April 22, 2021, who are currently maintaining F-1 status, and who 
are continuing to experience severe economic hardship as a direct 
result of the civil unrest since March 2011.

What is the minimum course load requirement set forth in 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.\27\ 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).
---------------------------------------------------------------------------

    \27\ 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).
---------------------------------------------------------------------------

    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 the course of study is in a language study 
program.\28\ See 8 CFR 214.2(f)(6)(i)(G). An F-1 nonimmigrant student 
attending an approved private elementary or middle school or public or 
private academic high school must maintain ``class attendance for no 
less than the minimum number of hours a week prescribed by the school 
for normal

[[Page 21336]]

progress toward graduation,'' as required under 8 CFR 
214.2(f)(6)(i)(E).
---------------------------------------------------------------------------

    \28\ DHS also considers students who engage in online coursework 
pursuant to ICE coronavirus disease 2019 (COVID-19) guidance for 
nonimmigrant students to be in compliance with regulations while 
such guidance remains in effect. See ICE Guidance and Frequently 
Asked Questions on COVID-19, available at https://www.ice.gov/coronavirus [last visited Mar. 2021].
---------------------------------------------------------------------------

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. A Syrian F-1 nonimmigrant student who already has on-campus or 
off-campus employment authorization and is otherwise eligible may 
benefit under this notice, which suspends regulatory requirements 
relating to the minimum course load requirement under 8 CFR 
214.2(f)(6)(i)(A) and (B) and the employment eligibility requirements 
under 8 CFR 214.2(f)(9) as specified in this notice. 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 the designated 
school official (DSO) enter the following statement in the remarks 
field of the student's Student and Exchange Visitor Information System 
(SEVIS) student 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 working off campus), or the end date of this notice, 
whichever date comes first].

Must the F-1 nonimmigrant student apply for reinstatement after 
expiration of this special employment authorization if the student 
reduces their 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'' 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.\29\ See 8 CFR 214.2(f)(5)(v) and 
(f)(6)(i)(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.
---------------------------------------------------------------------------

    \29\ 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).
---------------------------------------------------------------------------

Will an F-2 dependent (spouse or minor child) of an F-1 nonimmigrant 
student covered by this notice be eligible to apply 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 under the F-2 nonimmigrant status. See 8 CFR 
214.2(f)(15)(i).

Will the suspension of the applicability of the standard student 
employment requirements apply to an individual who receives an initial 
F-1 visa and makes an initial entry in the United States after 
publication of this notice in the Federal Register?

    No. The suspension of the applicability of the standard regulatory 
requirements only applies to those F-1 nonimmigrant students who meet 
the following conditions:
    (1) Are citizens of Syria, regardless of country of birth;
    (2) Were lawfully present in the United States in F-1 nonimmigrant 
status on April 22, 2021 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 currently maintaining F-1 nonimmigrant status; and
    (5) Are experiencing severe economic hardship as a direct result of 
the civil unrest in Syria.
    An F-1 nonimmigrant student who does not meet all of 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 civil unrest in Syria since 
March 2011).

Does this notice apply to a continuing F-1 nonimmigrant student who 
departs the United States after publication 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 a 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 in order 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 private kindergarten through grade 12, or public school 
grades 9 through 12, F-1 nonimmigrant students. Such Syrian students 
must maintain the minimum number of hours of class attendance per week 
prescribed by the academic institution for normal progress toward 
graduation. See 8 CFR 214.2(f)(6)(i)(E). The suspension of certain 
regulatory requirements related to employment through this notice is 
applicable to all eligible F-1 nonimmigrant students regardless of 
educational level. Thus, eligible F-1 nonimmigrant students from Syria 
enrolled in elementary, middle school, and high school do benefit from 
the suspension of the requirement in 8 CFR 214.2(f)(9)(i) that limits 
on-campus employment to 20 hours per week while school is in session. 
Nothing in this notice affects the applicability of federal and state 
labor laws limiting the employment of minors.

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 student's on-campus employment to 20 
hours per week while school is in session. An eligible 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 SEVIS student record, which will appear on the 
student's Form I-20:


[[Page 21337]]


    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].

To obtain on-campus employment authorization, the F-1 nonimmigrant 
student must demonstrate to the student's DSO that the employment is 
necessary to avoid severe economic hardship directly resulting from the 
civil unrest in Syria. A nonimmigrant student authorized by the 
student's DSO to engage in on-campus employment by means of this notice 
does not need to file with U.S. Citizenship and Immigration Services 
(USCIS). The standard rules that permit full-time employment on-campus 
when school is not in session or during school vacations apply. See 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 the student's F-1 nonimmigrant 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'' for the purpose of maintaining 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. See 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 school's minimum course load requirement for 
continued enrollment.\30\
---------------------------------------------------------------------------

    \30\ 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 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 status for 
one full academic year in order 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 school is in session; and
    (d) The requirement that the student demonstrate that employment 
under 8 CFR 214.2(f)(9)(i) is unavailable or otherwise insufficient to 
meet the needs that have arisen as a result of the unforeseen 
circumstances.

Will an F-1 nonimmigrant student who receives off-campus employment 
authorization under this notice have authorization to reduce the normal 
course load and still maintain F-1 nonimmigrant status?

    Yes. DHS will deem an F-1 nonimmigrant student who receives off-
campus employment authorization by means of this notice to be engaged 
in a ``full course of study'' for purposes 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. See 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 status. Nothing in this 
notice mandates that school officials allow an F-1 nonimmigrant student 
to take reduced course load if such reduced course load would not meet 
the school's minimum course load requirement.\31\
---------------------------------------------------------------------------

    \31\ 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 civil unrest in Syria since March 1, 2011. Filing instructions are 
located at: http://www.uscis.gov/i-765.
    Fee considerations. Submission of a Form I-765 currently requires 
payment of a $410 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 www.uscis.gov/feewaiver. The submission must include an explanation of 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 103.7(c).
    Supporting documentation. An F-1 nonimmigrant student seeking off-
campus employment authorization due to severe economic hardship must 
demonstrate the following to the DSO:
    (1) This employment is necessary to avoid severe economic hardship; 
and
    (2) The hardship is a direct result of the civil unrest in Syria 
since March 1, 2011.
    If the DSO agrees that the F-1 nonimmigrant student should 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 the 
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].

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 a 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'' \32\ at the time of the request 
for employment authorization;
---------------------------------------------------------------------------

    \32\ See 8 CFR 214.2(f)(6).
---------------------------------------------------------------------------

    (b) The F-1 nonimmigrant student is a citizen of Syria (regardless 
of country of birth) and is experiencing severe economic hardship as a 
direct result of the civil unrest in Syria since March 1, 2011, as 
documented on the Form I-20;
    (c) The F-1 nonimmigrant student has confirmed that the student 
will comply

[[Page 21338]]

with the reduced load requirements of 8 CFR 214.2(f)(5)(v) 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; and
    (d) The off-campus employment is necessary to alleviate severe 
economic hardship to the individual as a direct result of the civil 
unrest in Syria since March 1, 2011.
    Processing. To facilitate prompt adjudication of the student's 
application for off-campus employment authorization under 8 CFR 
214.2(f)(9)(ii)(C), the F-1 nonimmigrant student should do both of the 
following:
    (a) Ensure that the application package includes all of the 
following documents:
    (1) A completed Form I-765;
    (2) The required fee or properly documented fee waiver request as 
defined in 8 CFR 103.7(c);
    (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.'' Failure to include this notation may result 
in significant processing delays.
    If USCIS approves the student's Form I-765, a USCIS official will 
send the student an EAD as evidence of the student's employment 
authorization. The EAD will contain an expiration date that does not 
exceed the end of the granted temporary relief.

Temporary Protected Status 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 
Temporary Protected Status (TPS) or other relief that reduce the 
student's course load per term and permits an increase number of work 
hours per week, such as the Special Student Relief,\33\ under this 
notice has two options.
---------------------------------------------------------------------------

    \33\ DHS Study in the States, Special Student Relief available 
at https://studyinthestates.dhs.gov/students/special-student-relief 
[last visited Mar. 2021].
---------------------------------------------------------------------------

    Under the first option, the nonimmigrant student may file the TPS 
application according to the instructions in the Federal Register 
Notice designating Syria for TPS. See 86 FR 14946 (March 19, 2021). All 
TPS applicants must file a Form I-821, Application for Temporary 
Protected Status (or submit a Request for a Fee Waiver (Form I-912)). 
Although not required to do so, if an F-1 nonimmigrant student wants to 
obtain a new EAD based on the student's TPS application valid through 
September 30, 2022, and to be eligible for extensions that may be 
available to EADs with an A-12 or C-19 category code, the student must 
file Form I-765 and pay the Form I-765 fee (or submit a Request for a 
Fee Waiver (Form I-912)). After receiving the TPS-related EAD, an F-1 
nonimmigrant student may request that the student's DSO make the 
required entry in SEVIS, issue an updated Form I-20, as described in 
this notice, and notate that the nonimmigrant student has been 
authorized to carry a reduced course load and is working pursuant to a 
TPS-related EAD. So long as the 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 maintains the student's TPS, then the student 
maintains F-1 status and TPS concurrently.
    Under the second option, the nonimmigrant student may apply for an 
EAD under Special Student Relief by filing the 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 TPS application according to the instructions provided in 
the Federal Register Notice designating Syria for TPS. Because the 
nonimmigrant student has already applied for employment authorization 
under 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 EAD in light of certain extensions that may be 
available to EADs with an A-12 or C-19 category code. The nonimmigrant 
student should check the appropriate box when filling out Form I-821 to 
request a TPS-related EAD. Again, the nonimmigrant student will be able 
to maintain compliance requirements for F-1 nonimmigrant student status 
and 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'' \34\ 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 
language students). Once approved for Special Student Relief employment 
authorization, the F-1 nonimmigrant student may drop below twelve 
credit hours, or otherwise applicable minimum requirements (with a 
minimum of six semester or quarter hours of instruction per academic 
term if the student is at the undergraduate level, or a minimum of 
three semester or quarter hours of instruction per academic term if the 
student is at the graduate level). See 8 CFR 214.2(f)(5)(v), (f)(6), 
and (f)(9)(i) and (ii).
---------------------------------------------------------------------------

    \34\ See 8 CFR 214.2(f)(6).
---------------------------------------------------------------------------

How does a student who has received a TPS-related employment 
authorization document then apply for authorization to take a reduced 
course load under this notice?

    There is no further application process if a student has been 
approved for a TPS-related employment authorization document. The F-1 
nonimmigrant student must demonstrate and provide documentation to the 
DSO of the direct economic hardship resulting from the civil unrest in 
Syria since March 1, 2011. The DSO will then verify and note this in 
the student's SEVIS record to enable the F-1 nonimmigrant student with 
TPS 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 TPS apply for reinstatement of F-
1 nonimmigrant student status after the noncitizen's F-1 nonimmigrant 
student status 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 a student who worked on a 
TPS-related EAD or dropped their course load before publication of this 
notice, and therefore fell out of student status. The student must 
satisfy the criteria set forth in the student status reinstatement 
regulations.

[[Page 21339]]

How long will this notice remain in effect?

    This notice grants temporary relief until September 30, 2022, to 
eligible F-1 nonimmigrant students. DHS will continue to monitor the 
situation in Syria. Should the special provisions authorized by this 
notice need modification or extension, DHS will announce such changes 
in the Federal Register.

Paperwork Reduction Act (PRA)

    An F-1 nonimmigrant student seeking off-campus employment 
authorization due to severe economic hardship 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 eligible F-1 nonimmigrant students to 
request employment authorization, work an increased number of hours 
while the academic institution is in session, and reduce the student's 
course load while continuing to maintain F-1 nonimmigrant student 
status.
    To apply for employment authorization, certain F-1 nonimmigrant 
students must complete and submit a currently approved Form I-765 
according to the instructions on the form. OMB has previously approved 
the collection of information contained on the current Form I-765, 
consistent with the PRA (OMB Control No. 1615-0040). Although there 
will be a slight increase in the number of Form I-765 filings because 
of this notice, the number of filings currently contained in the OMB 
annual inventory for Form I-765 is sufficient to cover the additional 
filings. Accordingly, there is no further action required under the 
PRA.

Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland Security.
[FR Doc. 2021-08302 Filed 4-21-21; 8:45 am]
BILLING CODE 9111-28-P