[Federal Register Volume 87, Number 146 (Monday, August 1, 2022)]
[Notices]
[Pages 46975-46982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16469]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Immigration and Customs Enforcement

[Docket No. ICEB-2022-0009]
RIN 1653-ZA29


Employment Authorization for Syrian F-1 Nonimmigrant Students 
Experiencing Severe Economic Hardship as a Direct Result of the Civil 
War in Syria Since March 2011

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 Syria, regardless 
of country of birth (or individuals having no nationality who last 
habitually resided in Syria), and who are experiencing severe economic 
hardship as a direct result of the civil war in Syria. The Secretary is 
taking action to provide relief to these Syrian students who are lawful 
F-1 nonimmigrant students so the students may request employment 
authorization, work an increased number of hours while school is in 
session, and reduce their course load while continuing to maintain 
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 visa action is effective from October 1, 2022, until 
April 1, 2024.

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 the authority under 8 CFR 214.2(f)(9) 
to temporarily suspend the applicability of certain requirements 
governing on-campus and off-campus employment for F-1 nonimmigrant 
students whose country of citizenship is Syria regardless of country of 
birth (or individuals having no nationality who last habitually resided 
in Syria), who are lawfully present in the United States in F-1 
nonimmigrant student status on the date of publication of this notice 
and

[[Page 46976]]

who are experiencing severe economic hardship as a direct result of the 
civil war in Syria since March 2011. The original notice, which applied 
to F-1 nonimmigrant students who met certain criteria, including having 
been lawfully present in the United States in F-1 nonimmigrant status 
on April 3, 2012, was effective from April 3, 2012, until October 3, 
2013. See 77 FR 20038 (Apr. 3, 2012). A subsequent notice provided for 
an 18-month extension from October 3, 2013, through March 31, 2015. See 
78 FR 36211 (June 17, 2013). A third notice provided another 18-month 
extension from March 31, 2015, through September 30, 2016. See 80 FR 
232 (Jan. 5, 2015). A fourth notice provided another 18-month extension 
from September 30, 2016, through March 31, 2018, and expanded the 
applicability of such suspension to Syrian F-1 nonimmigrant students 
who were in lawful F-1 nonimmigrant student status between April 3, 
2012, and September 9, 2016. See 81 FR 62520 (Sept. 9, 2016). A fifth 
notice provided another 18-month extension from March 31, 2018, until 
September 30, 2019. See 83 FR 11553 (Mar. 15, 2018). A sixth notice 
once again provided an 18-month extension to Syrian students from April 
22, 2021, to September 30, 2022. See 86 FR 21333 (Apr. 22, 2021). 
Effective with this publication, suspension of the employment 
limitations is available to April 1, 2024, for those who are in lawful 
F-1 nonimmigrant status as of August 1, 2022. 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 April 1, 2024, 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 June 3, 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 a citizen of Syria regardless of country of birth (or an 
individual having no nationality who last habitually resided in Syria);
    (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 currently maintaining F-1 nonimmigrant status; and
    (5) Are experiencing severe economic hardship as a direct result of 
the civil war in Syria.
    This notice applies to F-1 nonimmigrant students in an approved 
private school in kindergarten through grade 12, public school 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 Syrian F-1 nonimmigrant 
students experiencing severe economic hardship due to civil war in 
Syria. Based on its review of country conditions in Syria and input 
received from the U.S. Department of State, DHS is taking action to 
allow eligible F-1 nonimmigrant students from Syria 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.
    Previously DHS took action to provide temporary relief to F-1 
nonimmigrant students whose country of citizenship is Syria regardless 
of country of birth (or individuals having no nationality who last 
habitually resided in Syria) and who experienced severe economic 
hardship because of the civil war in Syria. See 77 FR 20038 (Apr. 3, 
2012); 78 FR 36211 (June 17, 2013); 80 FR 232 (Jan. 5, 2015); 81 FR 
62520 (Sept. 9, 2016); 83 FR 11553 (Mar. 15, 2018); 86 FR 21333 (Apr. 
22, 2021). It enabled these F-1 nonimmigrant students to obtain 
employment authorization, work an increased number of hours while 
school was in session, and reduce their course load, while continuing 
to maintain their F-1 nonimmigrant student status.
    DHS reviewed conditions in Syria and determined that suspending 
certain employment authorization requirements for eligible nonimmigrant 
students is again warranted due to the civil war which has resulted in 
large-scale destruction of infrastructure, mass displacement of 
civilians, high levels of food insecurity, limited access to water and 
medical care, and widespread civilian casualties. These impacts have 
been compounded by the COVID-19 pandemic which has contributed to the 
further breakdown of the economy and strained an already overburdened 
healthcare system.
    The United Nations has verified that at least 350,209 identified 
civilians and combatants were killed between March 2011 and March 2021, 
including 26,727 women and 27,126 children, but it has warned that this 
figure ``indicates a minimum verifiable number'' and this is an 
``undercount of the actual number''.\2\ The Syrian Observatory for 
Human Rights, a United Kingdom-based monitoring group with a network of 
sources on the ground, had documented the deaths of 494,438 people as 
of June 2021. It said that at least 159,774 civilians had been 
killed.\3\ The group estimated that the actual toll from the war was 
more than 606,000, saying 47,000 civilians were believed to have died 
of torture in government-run prisons.\4\ Another monitoring group, the 
Violations Documentation Center, which relies on information from 
activists across the country, had documented 239,251 battle-related 
deaths, including 145,240 civilians, as of June 2022.\5\ Additionally, 
the ongoing military operations have injured more than 2.1 million 
Syrian civilians with varying injuries, wounds, and permanent 
disabilities.\6\
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    \2\ This count includes ``only those people identifiable by full 
name, with an established date of death, and who died in an 
identified governorate'' and was sourced from OHCHR's own data, 
records maintained by civil society organizations, and information 
from the Syrian government. UNOHCR, ``Oral update on the extent of 
conflict-related deaths in the Syrian Arab Republic [bond] OHCHR'' 
(September 24, 2021), https://www.ohchr.org/en/statements/2021/09/oral-update-extent-conflict-related-deaths-syrian-arab-republic?LangID=E&NewsID=27531.
    \3\ BBC, ``Why has the Syrian war lasted 11 years'' (Mar 15, 
2022), https://www.bbc.com/news/world-middle-east-35806229.
    \4\ Id.
    \5\ Violation Documentation Center, ``Monthly statistical on 
casualties in Syria, June 2022'' (June 2022), https://scm.bz/en/violations-watch/monthly-statistical-on-casualities-in-syria-june-2022.
    \6\ SOHR, ``Total death toll [bond] Over 606,000 people killed 
across Syria since the beginning of the ``Syrian Revolution'', 
including 495,000 documented by SOHR (June 1, 2021), https://www.syriahr.com/en/217360/.

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[[Page 46977]]

    Eleven years of war have inflicted immense suffering on the Syrian 
people. More than half of Syria's pre-war population of 22 million have 
fled their homes.\7\ Syria has the highest number of internally 
displaced persons (``IDPs'') in the world.\8\ The number of Syrian IDPs 
to date is approximately 7 million.\9\
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    \7\ BBC, Supra.
    \8\ U.N. High Commissioner for Refugees, Eleven Years on, 
Mounting Challenges Push Many Displaced Syrians to the Brink (Mar 
15, 2022), https://www.unhcr.org/en-us/news/briefing/2022/3/623055174/eleven-years-mounting-challenges-push-displaced-syrians-brink.html (last visited June 3, 2022).
    \9\ U.S. Agency for International Development, Syria--Complex 
Emergency Fact Sheet #4, Fiscal Year 2022 (Mar. 4, 2022), https://reliefweb.int/report/syrian-arab-republic/syria-complex-emergency-fact-sheet-4-fiscal-year-fy-2022 (last visited June 3, 2022).
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    Harm to civilians has been widespread, though the magnitude of 
violence has varied greatly by location. According to the Syrian 
Network for Human Rights, 1,271 civilians, including 299 children and 
134 women, were killed by the parties to the Syrian conflict in 
2021.\10\ Both government and opposition forces reportedly engage in 
indiscriminate attacks through the use of airstrikes, explosives, 
snipers, and rocket and mortar attacks.\11\ Since 2021, cities as far 
north as Idlib, and as far south as Daraa have seen heavy civilian 
casualties.\12\
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    \10\ Syrian Network for Human Rights (SNHR), Eleventh Annual 
Report: The Most Notable Human Rights Violations in Syria in 2021 
(Jan. 21, 2022), https://snhr.org/wp-content/pdf/english/Eleventh_Annual_Report_The_Most_Notable_Human_Rights_Violations_in_Syria_in_2021_en.pdf (Last visited June 3, 2022).
    \11\ Human Rights Watch, Syria: Events of 2021 (Jan. 2022), 
https://www.hrw.org/world-report/2022/country-chapters/syria (last 
visited June 3, 2022).
    \12\ Id.
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    Multiple actors in the conflict have been accused of targeting 
civilians and civilian facilities. In January 2022, Russia conducted 
airstrikes on the Al Arshani Water Pump Station located west of Idlib 
city, injuring at least one station worker, causing substantial damage 
to the station's buildings and equipment, and forcing the station's 
main water pumping pipe temporarily out of service.\13\ In February 
2022, there were at least six incidents of attacks impacting vital 
civilian facilities, among them, a school, two markets, a park, and a 
livestock farm.\14\
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    \13\ Daily Sabah, Russia Continues to Attack Syrians, 
Infrastructure for 6th Day in Row (Jan. 4, 2022), https://www.dailysabah.com/world/syrian-crisis/russia-continues-to-attack-syrians-infrastructure-for-6th-day-in-row (last visited June 3, 
2022).
    \14\ SNHR, The Most Notable Human Rights Violations in Syria in 
February 2022 (Mar. 4, 2022), https://snhr.org/wp-content/uploads/2022/03/M220303E.pdf (last visited June 3, 2022).
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    Mandatory military service has been the law in Syria since 
2007.\15\ Men between the ages of 18 to 42 are required to serve, and 
women may enlist voluntarily.\16\ Conscripts are required to serve for 
18 to 21 months, depending on their level of education.\17\ Syria has 
intermittently declared amnesties for military service evaders to 
encourage returns; however, those who return find themselves back on 
the conscription lists in as little as seven days, thereby making the 
amnesty provisions meaningless.\18\ In February 2021, the Syrian regime 
announced an amendment to the military conscription laws. Under the 
amended law, those who did not do military service before the age of 43 
must pay $8,000 or lose their property without notice or any right to 
appeal.\19\
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    \15\ The Tahrir Institute for Middle East Policy, TIMEP Brief: 
Conscription Law (Aug 22, 2019), https://timep.org/reports-briefings/timep-brief-conscription-law/ (last visited June 3, 2022).
    \16\ Id.
    \17\ Id.
    \18\ Human Rights Watch, Our Lives are Like Death (Oct. 2021), 
https://www.hrw.org/sites/default/files/media_2021/10/syria1021_web.pdf (last visited June 3, 2022).
    \19\ The Guardian, Displaced Syrians Face Losing Homes to New 
Government Fines (Mar. 5, 2021) https://www.theguardian.com/world/2021/mar/05/displaced-syrians-face-losing-homes-to-new-government-fines (last visited June 3, 2022).
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    The Syrian Democratic Forces and other entities in Syria have been 
accused of forced conscription as well. The Syrian Network for Human 
Rights recorded Syrian Democratic Forces kidnapping two children in 
January 2022 with the aim of taking them to its training and 
recruitment camps and forcibly conscripting them.\20\
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    \20\ SNHR, 143 Arbitrary Arrests/Detentions Documented in Syria 
in January 2022, including 2 children, (Feb. 2, 2022), https://snhr.org/wp-content/pdf/english/143_Arbitrary_Arrests_Detentions_Documented_in_Syria_in_January_2022_Including_Two_Children_en.pdf (last visited June 3, 2022).
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    Syrian children have suffered disproportionately since the start of 
the conflict. At least 29,661 children have been killed in Syria since 
March 2011, including 181 due to torture, in addition to 5,036 arrested 
and/or forcibly disappeared children.\21\ One report, covering the time 
period from March 2011 to November 20, 2021, estimates that there are 
1,374 child soldiers in the Syrian regime forces' ranks.\22\
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    \21\ SNHR, On World Children's Day; Tenth Annual Report on 
Violations against Children in Syria (Nov. 20, 2021), https://reliefweb.int/report/syrian-arab-republic/world-children-s-day-tenth-annual-report-violations-against-children (last visited June 
3, 2022).
    \22\ Id.
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    Human rights abuses continue to be rampant in Syria. One report 
cites 2,218 cases of arbitrary arrest and/or detention, including 85 
children and 77 women, in 2021.\23\ The same report notes that at least 
104 individuals were documented as being killed as a result of torture 
in 2021 at the hands of Syrian regime forces, Syrian Democratic Forces, 
Hay`at Tahrir al Sham, as well as other parties to the conflict.\24\ 
Human Rights Watch has documented 21 cases of arrest and arbitrary 
detention including 13 cases of torture, 3 kidnappings, 5 extrajudicial 
killings, and 17 enforced disappearances between 2017 and 2021 among 
refugees who had returned to Syria from Jordan and Lebanon.\25\
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    \23\ SNHR, Eleventh Annual Report: The Most Notable Human Rights 
Violations in Syria in 2021 (Jan. 21, 2022), https://snhr.org/wpcontent/pdf/english/Eleventh_Annual_Report_The_Most_Notable_Human_Rights_Violations_in_Syria_in_2021_en.pdf (last visited June 3, 2022).
    \24\ Id.
    \25\ Human Rights Watch, Syria: Events of 2021 (Jan. 2022), 
https://www.hrw.org/world-report/2022/country-chapters/syria (last 
visited June 3, 2022).
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    After 11 years of civil war, Syria's healthcare system has suffered 
gravely. As of March 2021, Physicians for Human Rights has documented 
599 attacks hitting hospitals and other healthcare facilities since the 
start of the civil war.\26\ A January 2022 report states that more than 
50 percent of healthcare workers are estimated to have left the country 
in the last decade.\27\ Another report from the same month states that 
frequent bombing and shelling have put nearly 50 percent of health 
facilities out of service, at a time when the Syrian people need them 
the most amidst the COVID-19 pandemic.\28\ Seven medical personnel were 
killed in Syria in 2021 at the hands of parties to the conflict and 
controlling forces in Syria.\29\
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    \26\ Physicians for Human Rights, A Decade of Death, 
Destruction, and Denial: Ten Years into Syria's Conflict, Impunity 
for Atrocities Prevails, https://phr.org/our-work/resources/syria-ten-years/ (last visited June 3, 2022).
    \27\ The United Nations Office for the Coordination of 
Humanitarian Affairs, Situation Report #35: Recent Developments in 
Northwest Syria and RAATA (Jan. 2022), https://www.humanitarianresponse.info/en/operations/stima/document/situation-report-35-recent-developments-northwest-syria-and-raata-january (last visited June 3, 2022).
    \28\ Daily Sabah, Russia Continues to Attack Syrians, 
Infrastructure for 6th Day in Row (Jan. 4, 2022), https://www.dailysabah.com/world/syrian-crisis/russia-continues-to-attack-syrians-infrastructure-for-6th-day-in-row (last visited June 3, 
2022).
    \29\ SNHR, Eleventh Annual Report: The Most Notable Human Rights 
Violations in Syria in 2021 (Jan. 21, 2022), https://snhr.org/wp-content/pdf/english/Eleventh_Annual_Report_The_Most_Notable_Human_Rights_Violations_in_Syria_in_2021_en.pdf (last visited June 3, 2022).

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[[Page 46978]]

    According to the World Food Program, at least 12.4 million Syrians, 
out of an estimated population of 16 million, are food insecure.\30\ 
This 2021 estimate reflects an increase of 3.1 million food insecure 
people in one year.\31\
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    \30\ Human Rights Watch, Syria: Events of 2021 (Jan. 2022), 
https://www.hrw.org/world-report/2022/country-chapters/syria (last 
visited June 3, 2022).
    \31\ Id.
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    In October 2021, the World Bank estimated that the Syrian economy 
had shrunk by more than 60 percent since 2010.\32\ Between October 2019 
and October 2021, the Syrian pound lost 82 percent of its value against 
the dollar.\33\ The United Nations Office for the Coordination of 
Humanitarian Affairs estimated that in 2021, 90 percent of the 
population lived below the poverty line.\34\
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    \32\ Human Rights Watch, Our Lives Are Like Death (Oct. 2021), 
https://www.hrw.org/sites/default/files/media_2021/10/syria1021_web.pdf (last visited June 3, 2022).
    \33\ International Rescue Committee, Crisis in Syria: Economic 
Crisis Compounds Over a Decade of War (Mar. 15, 2022), https://www.rescue.org/article/crisis-syria-economic-crisis-compounds-over-decade-war (last visited June 3, 2022).
    \34\ Human Rights Watch, Syria: Events of 2021 (Jan. 2022), 
https://www.hrw.org/world-report/2022/country-chapters/syria (last 
visited June 3, 2022).
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    As of June 1, 2022, approximately 255 F-1 nonimmigrant students 
from Syria are enrolled at SEVP-certified academic institutions in the 
United States. Given the extent of the civil war in Syria, affected 
students whose primary means of financial support comes from Syria may 
need to be exempt from the normal student employment requirements to 
continue their studies in the United States. The civil war has made it 
unfeasible for many students to safely return to Syria 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. 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 their course of study is in an English language 
study program.\35\ 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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    \35\ 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 
June 3, 2022).
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May an eligible F-1 nonimmigrant student who already has on-campus or 
off-campus employment authorization benefit from the suspension of 
regulatory requirements under this notice?

    Yes. An F-1 nonimmigrant student who is a Syrian citizen, 
regardless of country of birth (or an individual having no nationality 
who last habitually resided in Syria), 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 their 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].\36\
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    \36\ 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 April 1, 2024, provided the student satisfies the minimum course 
load requirements in this notice.
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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'' \37\ 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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    \37\ See 8 CFR 214.2(f)(6).

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[[Page 46979]]

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 a citizen of Syria regardless of country of birth (or an 
individual having no nationality who last habitually resided in Syria);
    (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 
civil war in Syria.
    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 civil war in Syria).

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 Syria 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 from Syria 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 student's SEVIS 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].\38\
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    \38\ 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 April, 1, 2024, provided the student satisfies the minimum course 
load requirements in this notice.
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    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 civil war in 
Syria. 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'' \39\ 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.\40\
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    \39\ See 8 CFR 214.2(f)(6).
    \40\ 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

[[Page 46980]]

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'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 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'' \41\ 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 for a reduced 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 
reduced course load would not meet the school's minimum course load 
requirement.\42\
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    \41\ See 8 CFR 214.2(f)(6).
    \42\ 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 civil war in Syria. 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). If you receive a denial of a fee waiver request, you must 
refile your Form I-765 along with the required fees.
    Supporting documentation. An F-1 nonimmigrant student seeking off-
campus employment authorization due to severe economic hardship must 
demonstrate the following to their DSO:
    (1) This employment is necessary to avoid severe economic hardship; 
and
    (2) The hardship is a direct result of the civil war in Syria.
    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].\43\
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    \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 April 1, 2024, provided the student satisfies the minimum course 
load requirements in this notice.
---------------------------------------------------------------------------

    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'' \44\ at the time of the request 
for employment authorization;
---------------------------------------------------------------------------

    \44\ See 8 CFR 214.2(f)(6).
---------------------------------------------------------------------------

    (b) The F-1 nonimmigrant student is a citizen of Syria, regardless 
of country of birth (or an individual having no nationality who last 
habitually resided in Syria), and is experiencing severe economic 
hardship as a direct result of the civil war in Syria, 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; \45\ and
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    \45\ 8 CFR 214.2(f)(5)(v).
---------------------------------------------------------------------------

    (d) The off-campus employment is necessary to alleviate severe 
economic hardship to the individual as a direct result of the civil war 
in Syria.
    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.

[[Page 46981]]

Temporary Protected Status (TPS) Considerations

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

    Yes. An F-1 nonimmigrant student who must re-register, or one that 
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,\46\ under this notice 
has two options.
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    \46\ See DHS Study in the States, Special Student Relief, 
https://studyinthestates.dhs.gov/students/special-student-relief 
(last visited June 3, 2022).
---------------------------------------------------------------------------

    Under the first option, the nonimmigrant student may re-register or 
apply for TPS according to the instructions in the USCIS notice 
designating Syria for TPS 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 
to April 1, 2024, and to be eligible for automatic EAD extensions that 
may be available to certain EADs with an A-12 or C-19 category code, 
they may need to file Form I-765 and pay the Form I-765 fee (or submit 
a Form I-912, Request for 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 Syria for TPS. If the F-1 
nonimmigrant student has already 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'' \47\ 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 non-
traditional academic programs). 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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    \47\ 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 civil war in Syria. 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. 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 April 1, 2024,\48\ to 
eligible F-1 nonimmigrant students. DHS will continue to monitor the 
situation in Syria. Should the special provisions authorized by this 
notice need modification or extension, DHS will announce such changes 
in the Federal Register.
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    \48\ 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 April 1, 2024, 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 June 3, 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 civil 
war in Syria 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

[[Page 46982]]

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. 2022-16469 Filed 7-29-22; 8:45 am]
BILLING CODE 9111-28-P