[Federal Register Volume 87, Number 98 (Friday, May 20, 2022)]
[Notices]
[Pages 30971-30976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10886]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Immigration and Customs Enforcement

[Docket No. ICEB-2022-0007]
RIN 1653-ZA27


Employment Authorization for Afghan F-1 Nonimmigrant Students 
Experiencing Severe Economic Hardship as a Direct Result of the Current 
Situation in Afghanistan

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

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 whose country of citizenship is Afghanistan, 
regardless of country of birth (or individuals having no nationality 
who last habitually resided in Afghanistan), and who are experiencing 
severe economic hardship as a direct result of the current situation in 
Afghanistan. The Secretary is taking action to provide relief to these 
lawful F-1 nonimmigrant students so the students may request employment 
authorization, work an increased number of hours while their academic 
institution is in session, and reduce their course load while 
continuing to maintain their F-1 nonimmigrant student status. The U.S. 
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 May 20, 2022, through November 20, 
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 Afghanistan, regardless of country of birth 
(or individuals having no nationality who last habitually resided in 
Afghanistan), 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 current situation in Afghanistan. Effective with this publication, 
suspension of the employment limitations is available through November 
20, 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).
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    \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 November 20, 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 May 2, 2022).
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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:
    (1) Are citizens of Afghanistan regardless of country of birth (or 
individuals having no nationality who last habitually resided in 
Afghanistan);
    (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 current situation in Afghanistan.
    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 is taking action to provide relief to Afghan F-1 nonimmigrant 
students experiencing severe economic hardship due to the current 
situation in Afghanistan. DHS has reviewed country conditions in 
Afghanistan and based on that review and input from the U.S. Department 
of State (DOS), DHS is taking action to allow eligible F-1 nonimmigrant 
students from Afghanistan to 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 has determined that the current situation in Afghanistan s the 
need for Special Student Relief. On April 18, 2022, DOS issued a Level 
4: Do Not Travel advisoryadvisoryabout travel to Afghanistan because of 
civil unrest, armed conflict, crime, terrorism, and kidnapping.\2\ 
General instability in the country, including instability caused by 
deep economic challenges, increases the difficulty of establishing 
security and thwarting the rise of further violent extremism.\3\ 
Internal displacement is rising. As of January 15, 2022, the United 
Nations High Commissioner for

[[Page 30972]]

Refugees reported that there were approximately 3.4 million conflict-
induced, internally displaced persons in Afghanistan.\4\ Afghanistan 
also faces significant challenges due to the intentional destruction of 
vital infrastructure. Numerous countries, including the United States, 
have condemned the continuation of assassinations, kidnappings, and 
destruction of vital infrastructure which harm the Afghan people and 
contribute to an insecure environment in which terrorist and criminal 
groups are free to operate.\5\ Economic ramifications of the August 
2021 Taliban takeover include ``millions of dollars in lost income, 
spiking prices, a liquidity crisis, and shortages of cash.'' \6\ Since 
the Taliban takeover of Afghanistan, rising prices, increasing 
unemployment, and a drop in the value of the local currency have 
exacerbated food insecurity trends \7\ resulting in a deepening and 
increasingly deadly humanitarian crisis with 95 percent of households 
experiencing insufficient food consumption and food insecurity.'' \8\ A 
survey of 1,400 households across seven provinces of Afghanistan found 
that since August 2021, more than 80 percent of Afghans have lost 
income, with about a third having lost all their household income and 
about 25 percent reporting that they have lost more than half \9\ On 
August 31, 2021, the United States suspended operations at the U.S. 
Embassy in Kabul, Afghanistan.\10\
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    \2\ See Afghanistan Travel Advisory, U.S. Dep't of State (Apr. 
18, 2022), https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories/afghanistan-advisory.html.
    \3\ Afghanistan's Collapsing Economy Heightens 'Risk Of 
Extremism,' UN Envoy Warns, Radio Free Europe (Nov. 18, 2021), 
https://gandhara.rferl.org/a/afghanistan-un-lyons-assets-humanitarian-crisis-hunger/31567075.html.
    \4\ Flash External Update: Afghanistan Situation #13, U.N. High 
Commissioner for Refugees (Jan. 25, 2022), https://reliefweb.int/report/afghanistan/unhcr-regional-bureau-asia-and-pacific-rbap-flash-external-update-afghanistan-4.
    \5\ Statement on Continuation of Assassinations, Kidnappings, 
and Destruction of Vital Infrastructure, U.S. Embassy in Afghanistan 
(Jan. 31, 2021), https://af.usembassy.gov/statement-on-continuation-of-assassinations-kidnappings-and-destruction-of-vital-infrastructure/.
    \6\ Afghanistan Facing Famine, Human Rights Watch (Nov. 11, 
2021), https://www.hrw.org/news/2021/11/11/afghanistan-facing-famine#.
    \7\ In the grip of hunger: Only 5 percent of Afghan families 
have enough to eat, World Food Programme, Sept. 23, 2021, https://www.wfp.org/stories/grip-hunger-only-5-percent-afghan-families-have-enough-eat (last visited May 3, 2022).
    \8\ Afghanistan: Economic Roots of the Humanitarian Crisis, 
Human Rights Watch (Mar. 1, 2022), https://www.hrw.org/news/2022/03/01/afghanistan-economic-roots-humanitarian-crisis.
    \9\ Afghanistan: A Fifth of Starving Families sending Children 
to Work as Incomes Plummet in Past Six Months, Save the Children 
(Feb.14, 2022), https://www.savethechildren.net/news/afghanistan-fifth-starving-families-sending-children-work-incomes-plummet-past-six-months.
    \10\ U.S. Embassy in Afghanistan Security Message: Suspension of 
Operations, U.S. Dep't of State (Aug. 31, 2021), https://af.usembassy.gov/security-message-suspension-of-operations/.
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    United Nations Secretary-General Ant[oacute]nio Guterres has 
expressed that he is deeply disturbed by early indications that the 
Taliban are imposing severe restrictions on the exercise of human 
rights, particularly targeting women and journalists.\11\ Since August 
2021, the status of women and girls has become ``increasingly 
precarious,'' \12\ and new research shows the devastating impact that 
Taliban rule has had on Afghan women and girls.\13\ For instance, on 
March 21, 2022, the Taliban promised to reopen all schools in 
Afghanistan, ending their seven-month de-facto ban on girls attending 
secondary school, but, two days later, the Taliban reversed this 
decision, announcing that girls' secondary schools were to remain 
closed indefinitely until the Taliban put in place policies they said 
were compliant with ``principles of Islamic law and Afghan culture,'' 
including further restrictions on girls' attire.\14\ Human Rights Watch 
reports that the Taliban have instituted aban on girls' secondary 
education,\15\ and the education system is at risk of collapse due to 
the economic crisis in the country.\16\
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    \11\ Taliban imposing `horrifying' human rights curbs, UN chief 
warns, Aljazeera (Aug. 13, 2021), https://www.aljazeera.com/news/2021/8/13/afghanistan-taliban-horrifying-human-rights-curbs-un.
    \12\ Afghan Women and Girls: Status and Congressional Action, 
Congressional Research Service, p. 1, updated Aug. 18, 2021, https://crsreports.congress.gov/product/pdf/IF/IF11646 (last visited May 3, 
2022).
    \13\ Afghanistan: Taliban Deprive Women of Livelihoods, 
Identity, Human Rights Watch (Jan 18, 2022), https://www.hrw.org/news/2022/01/18/afghanistan-taliban-deprive-women-livelihoods-identity#.
    \14\ Heather Barr, Taliban Close Girls' Secondary Schools in 
Afghanistan, Again, Human Rights Watch (Mar. 23, 2022), https://www.hrw.org/news/2022/03/23/taliban-close-girls-secondary-schools-afghanistan-again.
    \15\ Sahar Fetrar and Heather Barr, Dress Restrictions Tighten 
for Afghanistan Girls' Schools, Human Rights Watch (Apr. 27, 2022), 
https://www.hrw.org/news/2022/04/27/dress-restrictions-tighten-
afghanistan-girls-
schools#:~:text=After%20taking%20over%20Afghanistan%20in,reopen%20all
%20schools%20in%20March.
    \16\ Four Ways to Support Girls' Access to Education in 
Afghanistan, Human Rights Watch (Mar. 20, 2022), https://www.hrw.org/news/2022/03/20/four-ways-support-girls-access-education-afghanistan (last visited May 4, 2022).
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    As of March 16, 2022, approximately 368 F-1 nonimmigrant students 
from Afghanistan (or individuals having no nationality who last 
habitually resided in Afghanistan) are enrolled at SEVP-certified U.S. 
academic institutions. Given the extent of the current situation in 
Afghanistan, affected students whose primary means of financial support 
comes from Afghanistan may need to be exempt from the normal student 
employment requirements to continue their studies in the United States. 
The current situation has made it unfeasible for many students to 
safely return to Afghanistan for the foreseeable future. Without 
employment authorization, these students may lack the means to meet 
basic living expenses.\17\

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. 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) and (F). 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.
    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 an English language study 
program.\18\ 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 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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    \18\ 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 
Apr. 25, 2022).

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[[Page 30973]]

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 citizen of Afghanistan, 
regardless of country of birth (or an individual having no nationality 
who last habitually resided in Afghanistan), 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) 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 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'' \19\ 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. See 8 CFR 214.2(f)(5)(v) and 
(f)(6)(i)(F). 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) and (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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    \19\ See 8 CFR 214.2(f)(6).
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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 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, consistent with 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 Afghanistan regardless of country of birth (or 
individuals having no nationality who last habitually resided in 
Afghanistan);
    (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 current situation in Afghanistan.
    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 current situation in 
Afghanistan).

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 to continue an educational program in the United States.

Does this notice apply to elementary school, middle school, and high 
school students in F-1 status?

    Yes. However, this notice does not by itself reduce the required 
course load for F-1 nonimmigrant students from Afghanistan enrolled in 
kindergarten through grade 12 at a private school, or grades 9 through 
12 at a public high school. Such students must maintain the minimum 
number of hours of class attendance per week prescribed by the academic 
institution for normal progress toward 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.

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:


[[Page 30974]]


    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 current 
situation in Afghanistan. An F-1 nonimmigrant student authorized by the 
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 described in 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 his or her F-1 nonimmigrant student 
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'' \20\ 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, consistent with 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 academic institution's 
minimum course load requirement for continued enrollment.\21\
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    \20\ See 8 CFR 214.2(f)(6).
    \21\ The 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 
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 student status for one full academic year 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 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 the 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'' \22\ 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, consistent with 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 such a reduced course load would not meet the school's 
minimum course load requirement.\23\
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    \22\ See 8 CFR 214.2(f)(6).
    \23\ The 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 current situation in Afghanistan. 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 student's DSO:
    (1) This employment is necessary to avoid severe economic hardship; 
and
    (2) The hardship is a direct result of the current situation in 
Afghanistan.
    If the DSO agrees that the F-1 nonimmigrant student is entitled to 
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 that 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 an 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'' \24\ at the time of the request 
for employment authorization;
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    \24\ See 8 CFR 214.2(f)(6).
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    (b) The F-1 nonimmigrant student is a citizen of Afghanistan 
regardless of country of birth (or an individual having

[[Page 30975]]

no nationality who last habitually resided in Afghanistan), and is 
experiencing severe economic hardship as a direct result of the current 
situation in Afghanistan, 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 this notice 
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; \25\ and
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    \25\ See 8 CFR 214.2(f)(5)(v).
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    (d) The off-campus employment is necessary to alleviate severe 
economic hardship to the individual as a direct result of the current 
situation in Afghanistan.
    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 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 (TPS) Considerations

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

    Yes. An F-1 nonimmigrant student who has not yet applied for TPS or 
for 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,\26\ under this notice has two options:
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    \26\ See DHS Study in the States, Special Student Relief, 
https://studyinthestates.dhs.gov/students/special-student-relief 
(last visited Apr. 25, 2022).
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    Under the first option, the nonimmigrant student may apply for TPS 
according to the instructions in the USCIS notice announcing the 
designation of Afghanistan 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 November 20, 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 request a fee waiver). After receiving the TPS-related EAD, an 
F-1 nonimmigrant student may request that their 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 their 
nonimmigrant status, including as provided under 8 CFR 214.1(g), and 
maintains TPS, then the student maintains F-1 status and TPS 
concurrently.
    Under the second option, the nonimmigrant student may apply for an 
EAD under Special Student Relief by filing 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 Form I-821 according to the instructions provided in the 
Federal Register Notice designating Afghanistan for TPS. If the F-1 
nonimmigrant student already has applied for employment authorization 
under Special Student Relief, they are not required to submit the Form 
I-765 as part of the TPS application. However, some nonimmigrant 
students may wish to obtain a TPS EAD in light of certain extensions 
that may be available to EADs with an A-12 or C-19 category code. The 
nonimmigrant student should check the appropriate box when filling out 
Form I-821 to 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 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'' \27\ unless or until the 
nonimmigrant student receives employment authorization under this 
notice. TPS-related employment authorization, by itself, does not 
authorize a nonimmigrant student to drop below twelve credit hours, or 
otherwise applicable minimum requirements (e.g., clock hours for 
language students). Once approved for Special Student Relief employment 
authorization, the F-1 nonimmigrant student may drop below twelve 
credit hours, or otherwise applicable minimum requirements (with a 
minimum of six semester or quarter hours of instruction per academic 
term if at the undergraduate level, or for a minimum of three semester 
or quarter 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).
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    \27\ See 8 CFR 214.2(f)(6).
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How does a student who has received a TPS-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 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 situation in Afghanistan. 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.

[[Page 30976]]

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. 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. The 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 November 20, 2023,\28\ to 
eligible F-1 nonimmigrant students. DHS will continue to monitor the 
current situation in Afghanistan. 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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    \28\ 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 November 20, 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 May 2, 
2022).
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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 
current situation in Afghanistan 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. 2022-10886 Filed 5-19-22; 8:45 am]
BILLING CODE 9111-28-P