[Federal Register Volume 86, Number 225 (Friday, November 26, 2021)]
[Notices]
[Pages 67485-67489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25732]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Immigration and Customs Enforcement
[DHS Docket No. ICEB-2021-0009]
RIN 1653-ZA22
Employment Authorization for F-1 Nonimmigrant Students
Experiencing Severe Economic Hardship as a Direct Result of Emergent
Circumstances in Hong Kong
AGENCY: U.S. Immigration and Customs Enforcement (ICE), DHS.
ACTION: Notice.
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SUMMARY: This notice announces that the Secretary of Homeland Security
(Secretary) is suspending certain regulatory requirements for F-1
nonimmigrant students who are Hong Kong residents (regardless of
country of birth) and who are experiencing severe economic hardship as
a direct result of the emergent circumstances in Hong Kong. The
Secretary is taking action to provide relief to Hong Kong residents \1\
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.
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\1\ For purposes of this Notice, a Hong Kong resident is defined
as an individual of any nationality, or without nationality, who has
met the requirements for, and been granted, a Hong Kong Special
Administrative Region Passport, a British National Overseas
Passport, a British Overseas Citizen Passport, a Hong Kong Permanent
Identity card, or a Hong Kong Special Administrative Region (HKSAR)
Document of Identity for Visa Purposes.
DATES: This F-1 notice is effective on November 26, 2021 through
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February 5, 2023.
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 https://www.ice.gov/sevis/.
SUPPLEMENTARY INFORMATION:
What action is the Department of Homeland Security (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 who,
on the date of publication of this notice, are Hong Kong residents,
regardless of country of birth, are present in the United States in
lawful F-1 nonimmigrant student status and are experiencing severe
economic hardship as a direct result of the emergent circumstances in
Hong Kong. Effective with this publication, suspension of the
employment limitations is available through February 5, 2023, for those
who are in lawful F-1 nonimmigrant status. 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.\2\ See 8 CFR 214.2(f)(6)(i)(F).
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\2\ 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 February 5, 2023, provided the student satisfies the minimum
course load requirements 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,
Nonimmigrant Students & SEVP-Certified Schools: Frequently Asked
Questions, available at https://www.ice.gov/coronavirus [last
visited September 2021].
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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:
[[Page 67486]]
(1) Are Hong Kong residents, regardless of country of birth;
(2) Were lawfully present in the United States in an F-1
nonimmigrant status on the date of publication of this notice, 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 maintaining F-1 nonimmigrant status; and
(5) Are experiencing severe economic hardship as a direct result of
the emergent circumstances in Hong Kong.
This notice applies to F-1 nonimmigrant students in an approved
private school in kindergarten through grade 12, public school in
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?
On August 5, 2021, President Biden issued a memorandum to the
Secretary of State and the Secretary of DHS to defer for 18 months the
removal of certain Hong Kong residents present in the United States.\3\
There are compelling foreign policy reasons to grant Deferred Enforced
Departure (DED), including the defense of democracy and the promotion
of human rights in Hong Kong. Now, DHS is taking action so eligible F-1
nonimmigrant students who are Hong Kong residents, regardless of
country of birth, 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.
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\3\ ``Deferred Enforced Departure for Certain Hong Kong
Residents Memorandum for the Secretary of State [and] the Secretary
of Homeland Security'' 86 FR 43587 (Aug. 5, 2021).
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As of April 20, 2021, 5,067 F-1 nonimmigrants students who are Hong
Kong residents were physically present in the United States and
enrolled in SEVP-certified academic institutions. Many of these
students are impacted by the emergent circumstances in Hong Kong
because their primary means of financial support comes from Hong Kong.
Without employment authorization, these students may lack the means to
meet basic living expenses. Therefore, in support of affected F-1
nonimmigrant students who may be unable to return to Hong Kong for the
foreseeable future, the Secretary is exempting them from the normal
student employment requirements so that they may support themselves as
they continue their program of study in the United States.
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.\4\ 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.
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\4\ 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).
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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.\5\ See 8 CFR 214.2(f)(6)(i)(G). An F-1 nonimmigrant student
attending an approved private school in grades 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.
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\5\ DHS 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, Nonimmigrant Students & SEVP-Certified
Schools: Frequently Asked Questions, available at https://www.ice.gov/coronavirus [last visited September 2021].
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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 Hong Kong resident,
regardless of country of birth, 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)(A) and
(B) 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 the 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].
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'' \6\ 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
[[Page 67487]]
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.\7\ 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.
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\6\ See 8 CFR 214.2(f)(6).
\7\ 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).
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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 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 the
effective date of this notice in the Federal Register?
No. The suspension of the applicability of the standard regulatory
requirements only applies to certain F-1 nonimmigrant students who meet
the following conditions:
(1) Are Hong Kong residents, regardless of country of birth;
(2) Were lawfully present in the United States in F-1 nonimmigrant
status on the date of publication of this notice, 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 emergent circumstances in Hong Kong.
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 emergent circumstances in
Hong Kong).
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 in order to continue their 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 enrolled in private
kindergarten through grade 12, or public school grades 9 through 12.
Such 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. Eligible F-1 nonimmigrant students
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. 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 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 SEVIS student 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].
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 emergent
circumstances in Hong Kong. An F-1 nonimmigrant student authorized by
the student's DSO to engage in on-campus employment by means of this
notice does not need to file any applications with USCIS. The standard
rules permitting 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 their 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'' \8\ 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. 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.\9\
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\8\ See 8 CFR 214.2(f)(6).
\9\ 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.
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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
[[Page 67488]]
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 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'' \10\ 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. See 8 CFR 214.2(f)(6)(i)(F).
However, the authorization for reduced course load is solely for DHS
purposes of determining valid F-1 nonimmigrant 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.\11\
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\10\ See 8 CFR 214.2(f)(6).
\11\ 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.
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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 emergent circumstances in Hong Kong. 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
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
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 emergent circumstances
in Hong Kong.
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 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'' \12\ at the time of the request
for employment authorization;
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\12\ See 8 CFR 214.2(f)(6).
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(b) The F-1 nonimmigrant student is a Hong Kong resident,
regardless of country of birth, and is experiencing severe economic
hardship as a direct result of the emergent circumstances in Hong Kong,
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 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 emergent
circumstances in Hong Kong.
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,
Form I-912, as defined in 8 CFR 103.7(c); 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.'' Failure to include this notation may result
in significant processing delays.
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.
Deferred Enforced Departure Considerations
Can an F-1 nonimmigrant student apply for a DED-related EAD and for
benefits under this notice at the same time?
Yes. An F-1 nonimmigrant student who has not yet applied for 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,\13\ under this notice may want to obtain a DED-based EAD by
[[Page 67489]]
filing Form I-765, Application for Employment Authorization, and pay
the associated fee (or request a fee waiver). Although not required to
do so, if an F-1 nonimmigrant student wants to obtain a new EAD that is
valid through February 5, 2023, based on DED, the student must file
Form I-765 and pay the Form I-765 fee (or request a fee waiver). After
receiving the DED-related EAD, an F-1 nonimmigrant student may request
that the DSO make the required entry in SEVIS, issue an updated Form I-
20, as described in this notice, and notate that the F-1 nonimmigrant
student has been authorized to carry a reduced course load and is
working pursuant to a DED-related EAD. So 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.\14\
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\13\ DHS Study in the States, Special Student Relief available
at https://studyinthestates.dhs.gov/students/special-student-relief
[last accessed March 2021].
\14\ ``Implementation of Employment Authorization for
Individuals Covered by Deferred Enforced Departure for Hong Kong
(Notice).'' Federal Register Vol. 86, No. 201 (October 21, 2021), p.
58296.
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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'' \15\ 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
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),
214.2(f)(6), 214.2(f)(9)(i) and (ii).
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\15\ See 8 CFR 214.2(f)(6).
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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 emergent circumstances in
Hong Kong. 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 noncitizens 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 noncitizen who worked on
a DED-related EAD or dropped their course load before publication of
this notice, and therefore fell out of F-1 nonimmigrant status. The
noncitizen must satisfy the criteria set forth in the F-1 nonimmigrant
student status reinstatement regulations. See 8 CFR 214.2(f)(16)
How long will this notice remain in effect?
This notice grants temporary relief until February 5, 2023 \16\ to
eligible F-1 nonimmigrant students. DHS will continue to monitor the
situation in Hong Kong. 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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\16\ 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 February 5, 2023, 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,
Nonimmigrant Students & SEVP-Certified Schools: Frequently Asked
Questions, available at https://www.ice.gov/coronavirus [last
visited September 2021].
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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
emergent circumstances in Hong Kong 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 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. 2021-25732 Filed 11-24-21; 8:45 am]
BILLING CODE 9111-28-P