[Federal Register Volume 87, Number 75 (Tuesday, April 19, 2022)]
[Notices]
[Pages 23189-23195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08357]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

U.S. Immigration and Customs Enforcement

[Docket No. ICEB-2022-0006]
RIN 1653-ZA26


Employment Authorization for Ukrainian F-1 Nonimmigrant Students 
Experiencing Severe Economic Hardship as a Direct Result of the Ongoing 
Armed Conflict in Ukraine

AGENCY: U.S. Immigration and Customs Enforcement, Department of 
Homeland Security.

ACTION: Notice.

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

SUMMARY: This notice announces that the Secretary of Homeland Security 
(Secretary) is suspending certain regulatory requirements for F-1 
nonimmigrant students whose country of citizenship is Ukraine, 
regardless of country of birth (or individuals having no nationality 
who last habitually resided in Ukraine), and who are experiencing 
severe economic hardship as a direct result of the ongoing armed 
conflict in Ukraine. The Secretary is taking action to provide relief 
to these Ukrainian students who are lawful F-1 nonimmigrant students, 
so the students may request employment authorization, work an increased 
number of hours while the school is in session and reduce their course 
load while continuing to maintain their F-1 nonimmigrant student 
status. The Department of Homeland Security (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 19, 2022, through October 19, 
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 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 Ukraine, regardless of country of birth (or 
individuals having no nationality who last habitually resided in 
Ukraine), who are present in the United States in lawful F-1 
nonimmigrant student status on the date of publication of this notice, 
and who are experiencing severe economic hardship as a direct result of 
the ongoing armed conflict in Ukraine. Effective with this publication, 
suspension of the employment limitations is available through October 
19, 2023, for those who are in lawful F-1 nonimmigrant status. DHS will 
deem an F-1 nonimmigrant student granted employment authorization 
through this 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 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 October 19, 2023, provided the student satisfies the minimum 
course load requirements in this notice. DHS also considers students 
who engage in online coursework pursuant to U.S. Immigration and 
Customs Enforcement (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, https://www.ice.gov/coronavirus (last visited Mar. 4, 2022).
---------------------------------------------------------------------------

Who is covered by this notice?

    This notice applies exclusively to F-1 nonimmigrant students who 
meet all of the following conditions:
    (1) Are a citizen of Ukraine regardless of country of birth (or an 
individual having no nationality who last habitually resided in 
Ukraine);
    (2) Were lawfully present in the United States in F-1 nonimmigrant 
status under section 101(a)(15)(F)(i) of the Immigration and 
Nationality Act (INA), 8 U.S.C. 1101(a)(15)(F)(i), on the date of 
publication of this notice;
    (3) Are enrolled in an academic institution that is Student and 
Exchange Visitor Program (SEVP) certified for enrollment for F-1 
nonimmigrant students;
    (4) Are maintaining F-1 nonimmigrant status; and
    (5) Are experiencing severe economic hardship as a direct result of 
the ongoing armed conflict in Ukraine.
    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?

    DHS has reviewed country conditions in Ukraine. Based on this 
review, and in consultation with the Department of State (DOS), the 
Secretary has determined that an 18-month designation is warranted due 
to ongoing armed conflict and emergent circumstances described below.

Overview

    On February 24, 2022, Russia massively expanded its unprovoked 
military invasion of Ukraine, marking the largest conventional military 
action in Europe since World War II.\2\ Millions of Ukrainian nationals 
and other residents of Ukraine have fled the country with millions more 
displaced internally as Russian forces have continued to engage in 
significant, sustained bombardment of major cities across the country, 
including attacks on Ukraine's capital, Kyiv.\3\ This ongoing

[[Page 23190]]

armed conflict poses a serious threat to the personal safety of 
nationals returning to Ukraine. Emergent circumstances, including 
destroyed infrastructure, scarce resources, and lack of access to 
healthcare, prevent Ukrainian nationals from returning to their 
homeland in safety.
---------------------------------------------------------------------------

    \2\ ``Russia invades Ukraine on multiple fronts in `brutal act 
of war','' PBS, Feb. 24, 2022, available at: https://www.pbs.org/newshour/world/russia-invades-ukraine-on-multiple-fronts-in-brutal-act-of-war (last visited Mar. 1, 2022); Natalia Zinets and 
Aleksandar Vasovic, ``Missiles rain down around Ukraine,'' Reuters, 
Feb. 24, 2022, available at: https://www.reuters.com/world/europe/putin-orders-military-operations-ukraine-demands-kyiv-forces-surrender-2022-02-24/ (last visited Mar. 1, 2022).
    \3\ Ukraine: Humanitarian Impact Situation Report No. 1, United 
Nations Office for the Coordination of Humanitarian Affairs, Feb. 
26, 2022, available at: https://reliefweb.int/report/ukraine/ukraine-humanitarian-impact-situation-report-no-1-500-pm-26-february-2022 (last visited Mar. 1, 2022).
---------------------------------------------------------------------------

Ongoing Armed Conflict and Human Rights Abuses

    Russia's further military invasion of Ukraine has placed civilians 
at significant risk of physical harm throughout the country.\4\ Aerial 
bombardment in and around major cities have been reported as Russian 
forces continue to target critical infrastructure.\5\ In the city of 
Mariupol, Russian forces reportedly have shelled the city, killing 
civilians with strikes on homes, schools, hospitals and shelters, while 
blocking routes for humanitarian aid and civilian evacuation.\6\
---------------------------------------------------------------------------

    \4\ Press briefing notes on Ukraine, United Nations Office of 
the High Commissioner Human Rights, Mar. 1, 2022, available at: 
https://www.reuters.com/world/europe/putins-nuclear-move-could-make-situation-much-much-more-dangerous-us-official-2022-02-27/ (last 
visited Mar. 1, 2022).
    \5\ ``Russia's invasion of Ukraine in maps--latest updates'', 
Financial Times, Mar. 1, 2022, available at: https://www.ft.com/content/4351d5b0-0888-4b47-9368-6bc4dfbccbf5 (last visited Mar. 1, 
2022).
    \6\ ``What is happening in Mariupol, the Ukrainian city under 
Russian siege?'' The Washington Post, Mar. 21, 2022, available at: 
https://www.washingtonpost.com/world/2022/03/21/ukraine-mariupol-seige-russia-faq/ (last visited Mar. 25, 2022).
---------------------------------------------------------------------------

    The scale of attacks harming infrastructure has dramatically 
increased, resulting in numerous civilian casualties.\7\ The Prosecutor 
of the International Criminal Court in The Hague stated that there is a 
reasonable basis to believe that both alleged war crimes and crimes 
against humanity have been committed in Ukraine during the past eight 
years, so his Office will ``proceed with opening an investigation into 
the Situation in Ukraine'' from 21 November 2013 onwards, thereby 
encompassing within its scope any past and present allegations of war 
crimes, crimes against humanity or genocide committed on any part of 
the territory of Ukraine . . .\8\ Based on information currently 
available, the U.S. government has assessed that members of Russian 
forces have committed war crimes in Ukraine.\9\
---------------------------------------------------------------------------

    \7\ Russian Offensive Campaign Assessment, The Institute for the 
study of War, p. 1 & p. 5, Feb. 28, 2022, available at: https://www.understandingwar.org/sites/default/files/Russian%20Operations%20Assessments%20Feb28_1.pdf (last visited Mar. 
1, 2022); ``Ukraine conflict: Russia bombs Kharkiv's Freedom Square 
and opera house'', BBC, Mar. 1, 2022, available at: https://www.bbc.com/news/world-europe-60567162 (last visited Mar. 1, 2022).
    \8\ Statement of ICC Prosecutor, Karim A.A. Khan QC, on the 
Situation in Ukraine: `I have decided to proceed with opening an 
investigation.', International Criminal Court, Feb. 28, 2022, 
available at: https://www.icc-cpi.int/Pages/item.aspx?name=20220228-prosecutor-statement-ukraine (last visited Mar. 1, 2022); Statement 
of ICC Prosecutor, Karim A.A. Khan QC, on the Situation in Ukraine: 
Receipt of Referrals from 39 States Parties and the Opening of an 
Investigation, Mar. 2, 2022, available at https://www.icc-cpi.int/Pages/item.aspx?name=2022-prosecutor-statement-referrals-ukraine 
(last visited Apr. 4, 2022).
    \9\ War Crimes by Russia's Forces in Ukraine, Press Statement, 
U.S. Secretary of State Antony J. Blinken, Mar. 23, 2022, available 
at: https://www.icc-cpi.int/Pages/item.aspx?name=2022-prosecutor-statement-referrals-ukraine. (last visited April 1, 2022).
---------------------------------------------------------------------------

Humanitarian Situation

    The war against Ukraine continues to result in civilian deaths and 
generate further population displacement, damage civilian 
infrastructure, and exacerbate humanitarian needs across the 
country.\10\ As of March 31, 2022 the Office of the United Nations High 
Commissioner for Human Rights recorded 3,167 civilian casualties in the 
country: 1,232 killed and 1,935 injured; caused by the use of explosive 
weapons, shelling from heavy artillery and multiple launch rocket 
systems, and missile and air strikes.\11\
---------------------------------------------------------------------------

    \10\ Ukraine--Complex Emergency, U.S. Agency for International 
Development, Mar. 25, 2022, available at: https://www.usaid.gov/sites/default/files/documents/2022-03-25_USG_Ukraine_Complex_Emergency_Fact_Sheet_8.pdf.
    \11\ Ukraine: Civilian casualty update 31 March 2022, United 
Nations Human Rights Office of the High Commissioner, Mar. 31, 2022, 
available at: https://www.ohchr.org/en/press-releases/2022/03/ukraine-civilian-casualty-update-31-march-2022.
---------------------------------------------------------------------------

Destruction of Infrastructure and Scarce Resources
    Since February 24, significant infrastructural damage in Ukraine 
from Russian air strikes has ``left hundreds of thousands of people 
without electricity or water, while bridges and roads damaged by 
shelling have left communities cut off from markets for food and other 
basic supplies.'' \12\ Amid air raid sirens, civilians have sought 
safety underground in subway stations, basements, and bunkers.\13\ Food 
security has been an ongoing concern in Ukraine with 1.1 million 
Ukrainians in need of food assistance--more than a third of these being 
severely and moderately food insecure.\14\ The impact on women has been 
more pronounced and ``all available data show that female-headed 
households are an estimated 1.3 times more often experiencing food 
insecurity, compared to the overall population.'' \15\ Prior to 
Russia's February 24 expansion of the invasion, in February 2022, 
UNOCHA estimated that 2.5 million Ukrainians were in need of water, 
sanitation and hygiene assistance.\16\ Those without access to 
alternative water sources have been most heavily impacted.\17\
---------------------------------------------------------------------------

    \12\ Ukraine: Humanitarian Impact, Situation Report No. 01, OCHA 
Ukraine, Feb. 26, 2022, available at: https://reliefweb.int/report/ukraine/ukraine-humanitarian-impact-situation-report-no-1-500-pm-26-february-2022 (last visited Mar. 1, 2022).
    \13\ ``Fear, darkness and newborn babies: inside Ukraine's 
underground shelters'', The Guardian, Feb. 26, 2022, available at: 
https://www.theguardian.com/world/2022/feb/26/fear-darkness-and-newborn-babies-inside-ukraine-underground-shelters (last visited 
Mar. 1, 2022).
    \14\ 2022 Humanitarian Needs Overview--Ukraine, UNOCHA, p. 79, 
Feb. 11, 2022, available at: https://www.humanitarianresponse.info/sites/www.humanitarianresponse.info/files/documents/files/ukraine_2022_hno_eng_2022-02-11.pdf (last visited Mar. 1, 2022).
    \15\ Id. p. 51.
    \16\ Id. p. 73.
    \17\ Id. p. 39.
---------------------------------------------------------------------------

Lack of Access to Healthcare
    Shortly after Russia began this offensive in 2022, UNOCHA reported 
that in Ukraine, the ``most pressing humanitarian needs are emergency 
medical services, critical medicines, health supplies and equipment, 
safe water for drinking and hygiene, and shelter and protection for 
those displaced from their home.'' \18\ Ukraine's health care system 
already had major deficiencies including shortages of medications and 
supplies, poor infrastructure, and understaffing.\19\
---------------------------------------------------------------------------

    \18\ Ukraine: Humanitarian Impact, Situation Report No. 01, OCHA 
Ukraine, Feb. 26, 2022, available at: https://reliefweb.int/report/ukraine/ukraine-humanitarian-impact-situation-report-no-1-500-pm-26-february-2022 (last visited Mar. 1, 2022).
    \19\ Exploring Access to health care services in Ukraine: A 
protection and health perspective, Protection Cluster Ukraine/Health 
Cluster Ukraine, Jul. 2019, available at: https://www.humanitarianresponse.info/sites/www.humanitarianresponse.info/files/2019/07/2019-07-Exploring-access-to-health-care-services-in-Ukraine_ENG.pdf (last visited Mar. 1, 2022).
---------------------------------------------------------------------------

    Challenges within Ukraine's health care system have been 
exacerbated by the massive expansion of armed conflict amidst a 
pandemic.\20\ Strikes hitting medical facilities have resulted in 
injuries and deaths, including among health care workers, and have 
resulted in critical shortages of medical supplies in some areas.\21\ 
Kyiv city authorities reported over 80 babies were born in

[[Page 23191]]

bomb shelters in the first two nights.\22\ The COVID-19 pandemic 
already put significant strain on Ukraine's health care system by 
stretching its limited capacity.\23\ Since January 3, 2020, there have 
been over 5 million confirmed cases of COVID-19 with 107,957 deaths the 
number of deaths topping 100,000.\24\ Hospitals have struggled with the 
volume of COVID cases and Ukraine has one of the lowest vaccination 
rates in Europe.\25\
---------------------------------------------------------------------------

    \20\ Impact of Health Reform on the Primary Healthcare Level in 
Conflict-Affected Areas of Donetsk and Luhansk Oblasts, 
M[eacute]dicos del Mundo, June 2021, available at: https://reliefweb.int/report/ukraine/impact-healthcare-reform-primary-healthcare-level-conflict-affected-areas-donetsk-and (last visited 
Mar. 1, 2022).
    \21\ Emergency in Ukraine: External Situation Report #3, World 
Health Organization, Mar. 17, 2022, available at: https://www.who.int/publications/i/item/WHO-EURO-2022-5152-44915-63936 (last 
visited Mar. 25, 2022).
    \22\ ``Fear, darkness and newborn babies: Inside Ukraine's 
underground shelters'', The Guardian, Feb. 26, 2022, available at: 
https://www.theguardian.com/world/2022/feb/26/fear-darkness-and-newborn-babies-inside-ukraine-underground-shelters (last visited 
Mar. 1, 2022).
    \23\ ``We are devoted to this work because the health and lives 
of people are at stake'', United Nations Office of the High 
Commissioner Human Rights, Aug. 16, 2022, available at: https://www.ohchr.org/EN/NewsEvents/Pages/Ukraine-and-COVID-19.aspx (last 
visited Apr. 1, 2022).
    \24\ WHO Health Emergency Dashboard, WHO (COVID-19) Homepage--
Ukraine, WHO, available at: https://covid19.who.int/region/euro/country/ua (last visited Apr. 1, 2022).
    \25\ WHO Health Emergency Dashboard, WHO (COVID-19) Homepage--
Ukraine, WHO, available at: https://covid19.who.int/region/euro/country/ua (last visited Apr. 1, 2022).
---------------------------------------------------------------------------

Displacement
    Prior to Russia's full-scale military invasion into Ukraine on 
February 24, 2022, a large number of Ukrainian citizens had already 
been internally displaced by the Russia-backed conflict in the Donbas 
and Russia's occupation of Crimea since 2014.\26\ As of March 5, 2021, 
well before the onset of the 2022 invasion by Russia, the Ukrainian 
Ministry of Social Policy had already registered 1,461,770 individuals 
as internally displaced persons (IDPs).\27\ Among these nearly 1.5 
million IDPs, 195,320 were children, 724,786 were elderly and 51,478 
were persons with disabilities.\28\ Moreover, life in Ukraine for many 
IDPs was dire with an estimated 300,000 IDPs having been identified as 
in need of livelihood assistance and food assistance for the year 2022, 
even before the onset of the February 2022 Russian invasion.\29\
---------------------------------------------------------------------------

    \26\ 2022 Humanitarian Needs Overview--Ukraine, UNOCHA, p. 34, 
Feb. 11, 2022, available at: https://www.humanitarianresponse.info/sites/www.humanitarianresponse.info/files/documents/files/ukraine_2022_hno_eng_2022-02-11.pdf (last visited Apr. 1, 2022).
    \27\ 2022 Humanitarian Needs Overview--Ukraine, UNOCHA, p. 34, 
Feb. 11, 2022, available at: https://www.humanitarianresponse.info/sites/www.humanitarianresponse.info/files/documents/files/ukraine_2022_hno_eng_2022-02-11.pdf (last visited Apr. 1, 2022).
    \28\ Registration of Internal Displacement, UNHCR, Apr. 1, 2021, 
available at: https://app.powerbi.com/view?r=eyJrIjoiY2RhMmExMjgtZWRlMS00YjcwLWI0MzktNmEwNDkwYzdmYTM0IiwidCI6ImU1YzM3OTgxLTY2NjQtNDEzNC04YTBjLTY1NDNkMmFmODBiZSIsImMiOjh9 (last 
visited Mar. 1, 2022).
    \29\ 2022 Humanitarian Needs Overview--Ukraine, UNOCHA, p. 34, 
Feb. 11, 2022, available at: https://www.humanitarianresponse.info/sites/www.humanitarianresponse.info/files/documents/files/ukraine_2022_hno_eng_2022-02-11.pdf (last visited Mar. 1, 2022).
---------------------------------------------------------------------------

    The newly intensified and widespread conflict has caused more than 
four million people to exit Ukraine for Poland, Hungary, Slovakia, 
Romania, Moldova, and beyond.\30\ The United Nations notes that women 
and girls face higher risks of human rights violations and sexual 
exploitation and abuse, including transactional sex, survival sex and 
conflict-related sexual violence.\31\
---------------------------------------------------------------------------

    \30\ Operational Data Portal, UNHCR, Mar. 6, 2022, available at: 
https://data2.unhcr.org/en/situations/ukraine (last visited Mar. 31, 
2022).
    \31\ Rapid Gender Analysis of Ukraine: Secondary data review, 
UNHCR, Mar. 29, 2022, https://data2.unhcr.org/en/documents/details/91723 (last visited Apr. 4, 2022)
---------------------------------------------------------------------------

    As of February 28, 2022, approximately 2,604 F-1 nonimmigrant 
students from Ukraine (or individuals having no nationality who last 
habitually resided in Ukraine) are in the United States and enrolled at 
SEVP-certified U.S. academic institutions. Given the extent of the 
ongoing war in Ukraine, affected students whose primary means of 
financial support comes from Ukraine may need to be exempt from the 
normal student employment requirements to continue their studies in the 
United States. The ongoing armed conflict has made it unfeasible for 
many students to safely return to Ukraine for the foreseeable future. 
Without employment authorization, these students may lack the means to 
meet basic living expenses.

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.\32\ 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).
---------------------------------------------------------------------------

    \32\ 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 towards satisfying this minimum course load 
requirement, unless the course of study is in an English language study 
program.\33\ See 8 CFR 214.2(f)(6)(i)(G). An F-1 nonimmigrant student 
attending an approved private school in 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 towards 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.
---------------------------------------------------------------------------

    \33\ DHS considers students who are compliant with ICE 
Coronavirus Disease 2019 (COVID-19) guidance for nonimmigrant 
students to be in compliance with regulations while such COVID-19 
guidance remains in effect. See ICE Guidance and Frequently Asked 
Questions on COVID-19, https://www.ice.gov/coronavirus (last visited 
Mar. 4, 2022).
---------------------------------------------------------------------------

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 Ukrainian citizen, 
regardless of country of birth (or an individual having no nationality 
who last habitually resided in Ukraine), 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

[[Page 23192]]

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 his or her ``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'' \34\ 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.\35\ 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.
---------------------------------------------------------------------------

    \34\ See 8 CFR 214.2(f)(6).
    \35\ 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, as required under 
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 into 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 citizens of Ukraine, regardless of country of birth (or 
individuals having no nationality who last habitually resided in 
Ukraine);
    (2) Were lawfully present in the United States in F-1 nonimmigrant 
status, under section 101(a)(15)(F)(i) of the INA, 8 U.S.C. 
1101(a)(15)(F)(i) on the date of publication of this notice;
    (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 ongoing armed conflict in Ukraine.
    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 ongoing armed conflict in 
Ukraine).

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 endorsed 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 from Ukraine enrolled in 
private kindergarten through grade 12, or public high 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 towards graduation, as required under 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 covered by this notice who are 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 ongoing 
armed conflict in Ukraine. 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 U.S. Citizenship and 
Immigration Services (USCIS). The standard rules permitting full-time 
employment on-campus when school is not in session or during school 
vacations apply, as required under 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'' \36\ for the purpose of maintaining their F-1 
nonimmigrant

[[Page 23193]]

student status for the duration of the on-campus employment if the 
student satisfies the minimum course load requirement described in this 
notice, as required under 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.\37\
---------------------------------------------------------------------------

    \36\ See 8 CFR 214.2(f)(6).
    \37\ 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 nonimmigrant 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 
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'' \38\ 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, as required under 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.\39\
---------------------------------------------------------------------------

    \38\ See 8 CFR 214.2(f)(6).
    \39\ 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 ongoing armed conflict in Ukraine. Filing instructions are located 
at: https://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 ongoing armed conflict 
in Ukraine.
    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'' \40\ at the time of the request 
for employment authorization;
---------------------------------------------------------------------------

    \40\ See 8 CFR 214.2(f)(6).
---------------------------------------------------------------------------

    (b) The F-1 nonimmigrant student is a citizen of Ukraine, 
regardless of country of birth (or an individual having no nationality 
who last habitually resided in Ukraine), and is experiencing severe 
economic hardship as a direct result of the ongoing armed conflict in 
Ukraine, 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 ongoing 
armed conflict in Ukraine.
    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); 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

[[Page 23194]]

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.

Temporary Protected Status Considerations

Can an F-1 nonimmigrant student apply for temporary protected status 
(TPS) and for benefits under this notice at the same time?

    Yes. An F-1 nonimmigrant student who has not yet applied for TPS or 
other 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,\41\ under this notice has two options.
---------------------------------------------------------------------------

    \41\ See DHS Study in the States, Special Student Relief, 
https://studyinthestates.dhs.gov/students/special-student-relief 
(last visited Mar. 4, 2022).
---------------------------------------------------------------------------

    Under the first option, the nonimmigrant student may file the TPS 
application according to the instructions in the USCIS notice 
announcing the designation of Ukraine for TPS published elsewhere in 
this issue of the Federal Register. All TPS applicants must file a Form 
I-821, Application for Temporary Protected Status with the appropriate 
fee (or request a fee waiver). Although not required to do so, if F-1 
nonimmigrant students want to obtain a new EAD based on their TPS 
application that is valid through October 19, 2023, and to be eligible 
for automatic EAD extensions that may be available to EADs with an A-12 
or C-19 category code, they must file Form I-765 and pay the Form I-765 
fee (or submit a Request for 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 nonimmigrant 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 announcing the designation of Ukraine for 
TPS. The F-1 nonimmigrant student already has applied for employment 
authorization under Special Student Relief and may choose not 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 indicate whether a TPS related EAD is being 
requested. Again, so long as the nonimmigrant student maintains the 
minimum course load described in this notice and does not otherwise 
violate the student's nonimmigrant status, included as provided under 8 
CFR 214.1(g), the nonimmigrant will be able to maintain compliance 
requirements for F-1 nonimmigrant student status while having TPS.
    When a student applies simultaneously for TPS status 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'' \42\ 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 credit hours of instruction per 
academic term if at the undergraduate level, or for a minimum of three 
semester or quarter credit hours of instruction per academic term if at 
the graduate level). See 8 CFR 214.2(f)(5)(v), (f)(6), and (f)(9)(i) 
and (ii).
---------------------------------------------------------------------------

    \42\ 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 with USCIS if a student has 
been approved for a TPS-related EAD. The F-1 nonimmigrant student must 
demonstrate and provide documentation to the DSO of the direct economic 
hardship resulting from the current crisis in Ukraine. The DSO will 
then verify and update the student's record in SEVIS to enable the F-1 
nonimmigrant student with TPS to reduce the 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 has 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 students who worked on a 
TPS-related EAD or dropped their course load before publication of this 
notice, and therefore fell out of student status. These students must 
satisfy the criteria set forth in the F-1 nonimmigrant student status 
reinstatement regulations.

How long will this notice remain in effect?

    This notice grants temporary relief until October 19, 2023 \43\ to 
eligible F-1 nonimmigrant students. DHS will continue to monitor the 
situation in Ukraine. Should the special provisions authorized by this 
notice need modification or extension, DHS will

[[Page 23195]]

announce such changes in the Federal Register.
---------------------------------------------------------------------------

    \43\ 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 October 19, 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, https://www.ice.gov/coronavirus (last visited Mar. 4, 
2022).
---------------------------------------------------------------------------

Paperwork Reduction Act (PRA)

    An F-1 nonimmigrant student seeking off-campus employment 
authorization due to severe economic hardship resulting from the 
ongoing armed conflict in Ukraine 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 Mayorkas,
Secretary, U.S. Department of Homeland Security.
[FR Doc. 2022-08357 Filed 4-18-22; 8:45 am]
BILLING CODE 9111-28-P