[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