[Federal Register Volume 87, Number 173 (Thursday, September 8, 2022)]
[Notices]
[Pages 55017-55024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19542]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Immigration and Customs Enforcement

[Docket No. ICEB-2022-0010]
RIN 1653-ZA30


Employment Authorization for Venezuelan F-1 Nonimmigrant Students 
Experiencing Severe Economic Hardship as a Direct Result of the 
Humanitarian Crisis in Venezuela

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 Venezuela, 
regardless of country of birth (or individuals having no nationality 
who last habitually resided in Venezuela), and who are experiencing 
severe economic hardship as a direct result of the humanitarian crisis 
in Venezuela. The Secretary is taking action to provide relief to those 
Venezuelan students who were in lawful F-1 nonimmigrant student status 
on April 22, 2021, and are currently maintaining F-1 nonimmigrant 
student status, 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 September 10, 2022, 
through March 10, 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 Venezuela regardless of 
country of birth (or individuals having no nationality who last 
habitually resided in Venezuela), who were lawfully present in the 
United States in F-1 nonimmigrant student status on April 22, 2021 and 
continue to be lawfully present in F-1 nonimmigrant student status, and 
who are experiencing severe economic hardship as a direct result of the 
humanitarian crisis in Venezuela. 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 22, 2021, was effective from April 22, 2021, until September 
9, 2022. See 86 FR 21328 (Apr. 22, 2021). Effective with this 
publication, suspension of the employment limitations is available 
through March 10, 2024, for those who were in lawful F-1 nonimmigrant 
status as of April 22, 2021, and are currently maintaining 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 March 10, 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 July 8, 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:


[[Page 55018]]


    (1) Are a citizen of Venezuela regardless of country of birth 
(or an individual having no nationality who last habitually resided 
in Venezuela
    (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 April 22, 2021;
    (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 humanitarian crisis in Venezuela.

    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 Venezuelan F-1 
nonimmigrant students experiencing severe economic hardship due to the 
ongoing humanitarian crisis in Venezuela. Based on its review of 
country conditions in Venezuela and input received from the U.S. 
Department of State, DHS is taking action to allow eligible F-1 
nonimmigrant students from Venezuela (or individuals having no 
nationality who last habitually resided in Venezuela) 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 Venezuela 
regardless of country of birth (or individuals having no nationality 
who last habitually resided in Venezuela) and who experienced severe 
economic hardship because of the humanitarian crisis in Venezuela. See 
86 FR 21328 (Apr. 22, 2021). It enabled these F-1 nonimmigrant students 
to request and 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 Venezuela and determined that suspending 
certain employment authorization requirements for eligible nonimmigrant 
students is again warranted due to the ongoing humanitarian crisis. 
Venezuela ``remains in the throes of a prolonged humanitarian 
emergency.'' \2\ Under Nicol[aacute]s Maduro's regime,\3\ the country 
``has been in the midst of a severe political and economic crisis for 
several years.'' \4\ As of February 2022, the country remained 
``politically deadlocked and mired in humanitarian emergency.'' \5\ A 
wide range of factors have marked Venezuela's crisis, including: an 
economic crisis; inflation and hyperinflation; ``massive poverty''; \6\ 
a ``collapsed health system''; \7\ the impact of the COVID-19 pandemic; 
food insecurity, including child malnutrition; the collapse and 
deprivation of basic services; power outages; water and fuel shortages; 
political polarization and dispute between the regime and the 
opposition; repression of perceived regime opponents and dissidents; 
human rights abuses, including allegations of crimes against humanity; 
high rates of homicide and crime; the operation of non-state armed 
groups; corruption; and killings by security forces, among other 
factors.\8\ The United Nations Office for the Coordination of 
Humanitarian Affairs (UNOCHA) has reported that ``[s]even million 
people require some form of humanitarian or protection assistance in 
Venezuela.'' \9\
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    \2\ Overcoming the Global Rift on Venezuela, International 
Crisis Group, p.3, Feb. 17, 2022.
    \3\ Ribando Seelke, Clare, Nelson, Rebecca M, Margesson, Rhoda, 
Brown, Phillip, Venezuela: Background and U.S. Relations, 
Congressional Research Service (CRS), Summary, Apr. 28, 2021.
    \4\ Venezuelan Humanitarian and Refugee Crisis, Center for 
Disaster Philanthropy, Jan. 25, 2022.
    \5\ Overcoming the Global Rift on Venezuela, International 
Crisis Group, p. I, Feb. 17, 2022.
    \6\ Why the kids of Venezuela aren't getting enough to eat, NPR, 
Jan. 11, 2022.
    \7\ World Report 2022--Venezuela, Human Rights Watch, Jan. 2022.
    \8\ Venezuelan Humanitarian and Refugee Crisis, Center for 
Disaster Philanthropy, Jan. 25, 2022; Ribando Seelke, Clare, Nelson, 
Rebecca M., Brown, Phillip, Margesson, Rhoda, Venezuela: Background 
and U.S. Relations, Congressional Research Service (CRS), p.6, 8-9, 
11, Summary, Apr. 28, 2021; Venezuela creeps out of hyperinflation, 
but no one feels it, Agence France-Presse (AFP), Jan. 15, 2022; 
World Report 2022--Venezuela, Human Rights Watch, Jan. 2022; 
Situation of human rights and technical assistance in the Bolivarian 
Republic of Venezuela, Office of the United Nations High 
Commissioner for Human Rights (OHCHR), p.4-5, Sep. 10, 2021; Why the 
kids of Venezuela aren't getting enough to eat, NPR, Jan. 11, 2022; 
Venezuela: Complex Crisis--Overview, ACAPS, Oct. 14, 2021, https://www.acaps.org/country/venezuela/crisis/complex-crisis (last visited 
Feb. 17, 2022); Follow-up Report on the Impacts of the Complex 
Humanitarian Emergency in Venezuela with the COVID pandemic. Update 
as of June 2021, HumVenezuela, p.14, Jun. 2021; Venezuelan Migration 
and Refugee Crisis, Working Group of the Organization of American 
States (OAS) on the Crisis of Venezuelan Migrants and Refugees in 
the Region, p. 12-22, Jun. 2021; Delgado, Antonio Maria, and 
Rodr[iacute]guez Montilla, Camille, `The country's whole food supply 
is at risk.' Diesel shortages hit Venezuela's truckers., Miami 
Herald, Mar. 11, 2021; Venezuela: Country Focus, European Asylum 
Support Office (EASO), p.21, Aug. 2020; Overcoming the Global Rift 
on Venezuela, International Crisis Group, p. i, Feb. 17, 2022; 
Situation of human rights in the Bolivarian Republic of Venezuela, 
Office of the United Nations High Commissioner for Human Rights 
(OHCHR), p.4, Jun. 16, 2021; Venezuela 2020 Crime & Safety Report, 
Overseas Security Advisory Council (OSAC), U.S. Department of State, 
July 21, 2020; InSight Crime's 2021 Homicide Round-Up, InSight 
Crime, Feb. 1, 2022; Gorder, Gabrielle, and Robbins, Seth, What are 
the Most Corrupt Countries in Latin America?, InSight Crime, Feb. 
11, 2022; Venezuela: Calculated repression: Correlation between 
stigmatization and politically motivated arbitrary detentions, 
Amnesty International, p.11, 52, Feb. 10, 2022.
    \9\ Venezuela, United Nations Office for the Coordination of 
Humanitarian Affairs (UNOCHA), https://www.unocha.org/venezuela 
(last visited Mar. 11, 2022).
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Economic Crisis

    Venezuela continues to be impacted by a severe economic crisis.\10\ 
The Congressional Research Service (CRS) reported in April 2021 that 
``Venezuela's economy has collapsed'',\11\ Venezuela was ``plagued by 
hyperinflation'' \12\ and ``[a]ccording to household surveys, the 
percentage of Venezuelans living in poverty increased from 48.4% in 
2014 to 96% in 2019 (with 80% in extreme poverty).'' \13\ According to 
ACAPS, ``multidimensional poverty'' in Venezuela ``has led to the 
deprivation or deterioration of education, housing, overall access to 
public services, income, and employment.'' \14\
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    \10\ Venezuelan Humanitarian and Refugee Crisis, Center for 
Disaster Philanthropy, Jan. 25, 2022.
    \11\ Ribando Seelke, Clare, Nelson, Rebecca M, Margesson, Rhoda, 
Brown, Phillip, Venezuela: Background and U.S. Relations, 
Congressional Research Service (CRS), Summary, Apr. 28, 2021.
    \12\ Ribando Seelke, Clare, Nelson, Rebecca M., Brown, Phillip, 
Margesson, Rhoda, Venezuela: Background and U.S. Relations, 
Congressional Research Service (CRS), Summary, Apr. 28, 2021.
    \13\ Ribando Seelke, Clare, Nelson, Rebecca M., Brown, Phillip, 
Margesson, Rhoda, Venezuela: Background and U.S. Relations, 
Congressional Research Service (CRS), p.11, Apr. 28, 2021.
    \14\ Venezuela: Complex Crisis--Overview, ACAPS, Oct. 14, 2021, 
https://www.acaps.org/country/venezuela/crisis/complex-crisis (last 
visited Feb. 17, 2022).
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Health Crisis & COVID-19 Pandemic

    Sources have described Venezuela's healthcare system as ``run-
down,'' \15\ ``overloaded and crumbling,'' \16\ and ``collapsed.'' \17\ 
Moreover, in its 2021

[[Page 55019]]

annual report (published in January 2022), Human Rights Watch (HRW) 
stated that Venezuela's ``collapsed health system'' has led to the 
resurgence of vaccine preventable and infectious diseases.\18\ HRW 
reported in January 2022 that--according to a local non-governmental 
organization--``83 percent of hospitals have insufficient or no access 
to personal protective equipment such as masks and gloves, and 95 
percent similarly lack sufficient cleaning supplies, including soap and 
disinfectant.'' \19\
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    \15\ Sequera, Vivian, Venezuela COVID patients, exhausted 
doctors get mental health help from medical charity, Reuters, Feb. 
2, 2022.
    \16\ Venezuelans rely on the kindness of strangers to pay for 
COVID-19 treatment, Reuters, Oct. 4, 2021.
    \17\ Ribando Seelke, Clare, Nelson, Rebecca M., Brown, Phillip, 
Margesson, Rhoda, Venezuela: Background and U.S. Relations, 
Congressional Research Service (CRS), p.11, Apr. 28, 2021; World 
Report 2022--Venezuela, Human Rights Watch, Jan. 2022.
    \18\ World Report 2022--Venezuela, Human Rights Watch, Jan. 
2022.
    \19\ World Report 2022--Venezuela, Human Rights Watch, Jan. 
2022.
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    COVID-19 was first detected in Venezuela in March 2020.\20\ Since 
then, the regime has ``declared a national `state of alarm', enforced 
preventive sanitary measures, and redirected the national health system 
toward treatment of COVID-19 patients.'' \21\ However, as the Office of 
the United Nations High Commissioner for Human Rights also noted in a 
September 2021 report, the pandemic compounded preexisting challenges 
such as lack of equipment and medicines, loss of qualified health 
personnel, and insufficient maintenance of infrastructure.\22\ 
Moreover, in January 2022, HRW reported that ``Venezuela's C[OVID]-19 
vaccination has been marred by corruption allegations and opacity 
regarding the acquisition and distribution of vaccines and other 
medical supplies.'' \23\
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    \20\ Situation of human rights and technical assistance in the 
Bolivarian Republic of Venezuela, Office of the United Nations High 
Commissioner for Human Rights (OHCHR), p.4, Sep. 10, 2021.
    \21\ Situation of human rights and technical assistance in the 
Bolivarian Republic of Venezuela, Office of the United Nations High 
Commissioner for Human Rights (OHCHR), p.4, Sep. 10, 2021.
    \22\ Situation of human rights and technical assistance in the 
Bolivarian Republic of Venezuela, Office of the United Nations High 
Commissioner for Human Rights (OHCHR), p.4, Sep. 10, 2021.
    \23\ World Report 2022--Venezuela, Human Rights Watch, Jan. 
2022.
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Food Security

    In April 2021, CRS reported that food insecurity in Venezuela is 
``a significant issue, mainly due to the price of food rather than its 
lack of availability.'' \24\ In its annual report on Venezuela, HRW 
noted that the ``WFP [World Food Program] estimates that one in three 
Venezuelans is food insecure and in need of assistance.\25\ Moreover, 
National Public Radio (NPR) reported in January 2022 that ``Venezuela 
now faces a catastrophe of its own making--widespread malnutrition 
among the country's children.'' \26\ The media outlet also noted that 
``[i]n a survey last year, the development group Caritas found that 42% 
of children in the country's poorest neighborhoods suffered from 
stunting or wasting. That means they're too short or underweight for 
their ages.'' \27\
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    \24\ Ribando Seelke, Clare, Nelson, Rebecca M., Brown, Phillip, 
Margesson, Rhoda, Venezuela: Background and U.S. Relations, 
Congressional Research Service (CRS), p.11, Apr. 28, 2021.
    \25\ World Report 2022--Venezuela, Human Rights Watch, Jan. 
2022.
    \26\ Why the kids of Venezuela aren't getting enough to eat, 
NPR, Jan. 11, 2022.
    \27\ Why the kids of Venezuela aren't getting enough to eat, 
NPR, Jan. 11, 2022.
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Access to Basic Services (Electricity, Water, and Gas)

    Venezuela has experienced a ``collapse of basic services.'' \28\ In 
a June 2021 report, the Working Group of the Organization of American 
States (OAS) on the Crisis of Venezuelan Migrants and Refugees in the 
Region noted that Venezuelans face daily power outages and face water 
shortages.\29\ Reuters noted in February 2021 that ``[p]rovincial 
cities have suffered frequent blackouts since a 2019 power outage 
paralyzed the country for nearly a month.'' \30\ In mid-December 2021, 
Venezuela experienced blackouts in Caracas and at least 15 of 23 
states.\31\ ACAPS has noted that ``[a]ccess to clean water is 
increasingly difficult after the collapse of basic services, 
aggravating water and sanitation problems.'' \32\ Exposure to unsafe 
water puts people's lives and health at risk. By 2021, 76% of the 
population was affected by deficient sewage collection services and 
some 15.9% remained unconnected to the sewage network.\33\ NPR reported 
that many in Venezuela have fallen back on using fire to cook because 
normally 90% of the population cooks with propane stoves, but there is 
a severe propane shortage and those with electric stoves cannot use 
them with the frequent power outages.\34\
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    \28\ Venezuela: Complex Crisis--Overview, ACAPS, Oct. 14, 2021, 
https://www.acaps.org/country/venezuela/crisis/complex-crisis (last 
visited Feb. 17, 2022).
    \29\ Venezuelan Migration and Refugee Crisis, Working Group of 
the Organization of American States (OAS) on the Crisis of 
Venezuelan Migrants and Refugees in the Region, p. 20, Jun. 2021.
    \30\ Ellsworth, Brian, and Sequera, Vivian, Analysis: Collapsed 
health system makes Venezuela vaccination campaign an uphill battle, 
Reuters, Feb. 12, 2021.
    \31\ Venezuela experiences blackouts in capital and at least 15 
states, Reuters, Dec. 17, 2021.
    \32\ Venezuela: Complex Crisis--Overview, ACAPS, Oct. 14, 2021, 
https://www.acaps.org/country/venezuela/crisis/complex-crisis (last 
visited Feb. 24, 2022).
    \33\ Follow-up Report on the Impacts of the Complex Humanitarian 
Emergency in Venezuela with the COVID pandemic. Update as of June 
2021, HumVenezuela, p.26, Jun. 2021.
    \34\ Otis, John, Venezuelans are cooking over wood fires because 
of a shortage of propane, NPR, Jan. 8, 2022.
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Political Crisis

    Moreover, Venezuela has experienced over ``two decades of political 
tumult'' amidst a between self-proclaimed socialist Hugo Ch[aacute]vez 
(1999-2013) and his successor Nicol[aacute]s Maduro, on one side, and 
the Government of Juan Guaido and an opposition alliance on the 
other.\35\ The European Asylum Support Office (EASO) reported that this 
political polarization contributed to the emergence of institutional 
duality in Venezuela, in which each side does not recognize the 
validity of the other's institutions.\36\
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    \35\ Overcoming the Global Rift on Venezuela, International 
Crisis Group, p.i, Feb. 17, 2022.
    \36\ Venezuela: Country Focus, European Asylum Support Office 
(EASO), p.21, Aug. 2020.
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Political Repression & Human Rights

    According to CRS, international organizations have expressed 
concerned about the deterioration of democratic institutions and 
threats to freedom of speech and press in Venezuela.\37\ In a February 
2022 report, Amnesty International noted that ``[c]rimes under 
international law and human rights violations, including politically 
motivated arbitrary detentions, torture, extrajudicial executions and 
excessive use of force have been systematic and widespread, and could 
constitute crimes against humanity.'' \38\ In its annual report 
covering 2021, HRW stated that the regime ``and its security forces are 
responsible for extrajudicial executions and short-term forced 
disappearances and have jailed opponents, prosecuted civilians in 
military courts, tortured detainees, and cracked down on protesters. 
[The regime] used a state of emergency implemented in response to 
C[OVID]-19 as a pretext to intensify their control over the population. 
The lack of judicial independence contributed to impunity for these 
crimes.'' \39\
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    \37\ Ribando Seelke, Clare, Nelson, Rebecca M., Brown, Phillip, 
Margesson, Rhoda, Venezuela: Background and U.S. Relations, 
Congressional Research Service (CRS), p.6, Apr. 28, 2021.
    \38\ Venezuela: Calculated repression: Correlation between 
stigmatization and politically motivated arbitrary detentions, 
Amnesty International, p.11, Feb. 10, 2022.
    \39\ World Report 2022--Venezuela, Human Rights Watch, Jan. 
2022.
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Crime & Insecurity

    CRS reported in April 2021 that Venezuela has ``among the highest

[[Page 55020]]

homicide and crime victimization rates in Latin America and the 
Caribbean.'' \40\ Similarly, the U.S. Department of State's Overseas 
Security Advisory Council (OSAC) reported in July 2020 that Venezuela 
has ``one of the highest number [sic] of violent deaths in the region 
and in the world.'' \41\ In a report dated August 2020, EASO reported 
that as political conflict has intensified, armed groups operating in 
Venezuela have increasingly preyed on the state's absence, fissures or 
weakness, providing them with the sort of power and economic stakes 
which directly threaten the country's long-term stability and giving 
them effective territorial control in their areas of influence.\42\ 
Reporting on Transparency International's 2021 Corruption Perceptions 
Index (CPI), InSight Crime noted in February 2022 that Venezuela ``held 
the title for the seventh consecutive year as the most corrupt country 
in the Western Hemisphere with a score of 14, an all-time low for the 
country.'' \43\
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    \40\ Ribando Seelke, Clare, Nelson, Rebecca M., Brown, Phillip, 
Margesson, Rhoda, Venezuela: Background and U.S. Relations, 
Congressional Research Service (CRS), p.6, Apr. 28, 2021.
    \41\ Venezuela 2020 Crime & Safety Report, Overseas Security 
Advisory Council (OSAC), U.S. Department of State, July 21, 2020.
    \42\ Venezuela: Country Focus, European Asylum Support Office 
(EASO), p.21, Aug. 2020.
    \43\ Gorder, Gabrielle, and Robbins, Seth, What are the Most 
Corrupt Countries in Latin America?, InSight Crime, Feb. 11, 2022.
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Migration

    More than six million refugees and migrants from Venezuela have 
left their country of origin, with more than five million being hosted 
in the region.'' \44\ In June 2021, the Working Group of the OAS on the 
Crisis of Venezuelan Migrants and Refugees in the Region identified 
five main reasons that Venezuelans have been forced to flee their 
country: (1) ``Complex Humanitarian Emergency''; (2) ``Human Rights 
Violations''; (3) ``Widespread Violence''; (4) ``Collapse of Public 
Services''; (5) ``Economic Collapse.'' \45\
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    \44\ RMRP 2022--Regional Refugee and Migrant Response Plan 
(RMRP)--January-December 2022, Inter-Agency Coordination Platform 
for Refugees and Migrants from Venezuela (R4V), p.6, Dec. 7, 2021.
    \45\ Venezuelan Migration and Refugee Crisis, Working Group of 
the Organization of American States (OAS) on the Crisis of 
Venezuelan Migrants and Refugees in the Region, p. 12-22, Jun. 2021.
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    As of July 11, 2022, approximately 3,920 F-1 nonimmigrant students 
from Venezuela (or individuals having no nationality who last 
habitually resided in Venezuela) are enrolled at SEVP-certified 
academic institutions in the United States. Given the extent of the 
ongoing humanitarian crisis in Venezuela, affected students whose 
primary means of financial support comes from Venezuela may need to be 
exempt from the normal student employment requirements to continue 
their studies in the United States. The ongoing humanitarian crisis has 
made it unfeasible for many students to safely return to Venezuela 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.\46\ 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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    \46\ DHS considers students who are compliant with ICE 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 July 8, 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 Venezuela citizen, 
regardless of country of birth (or an individual having no nationality 
who last habitually resided in Venezuela), 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].\47\
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    \47\ 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 March 10, 2024, provided the student satisfies the minimum course 
load requirements in this notice.

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[[Page 55021]]

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'' \48\ 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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    \48\ See 8 CFR 214.2(f)(6).
---------------------------------------------------------------------------

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 received an initial 
F-1 visa and made an initial entry into the United States after April 
22, 2021?

    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 Venezuela regardless of country of birth 
(or an individual having no nationality who last habitually resided 
in Venezuela);
    (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 April 22, 2021;
    (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 humanitarian crisis in Venezuela.

    An F-1 nonimmigrant student who does not meet all these 
requirements is ineligible for the suspension of the applicability of 
the standard regulatory requirements (even if experiencing severe 
economic hardship as a direct result of the ongoing humanitarian crisis 
in Venezuela).

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 Venezuela (or 
individuals having no nationality who last habitually resided in 
Venezuela) 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 Venezuela (or individuals having no nationality who last 
habitually resided in Venezuela) 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].\49\
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    \49\ 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 March 10, 2024, provided the student satisfies the minimum course 
load requirements in this notice.

    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 humanitarian 
crisis in Venezuela. 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).

[[Page 55022]]

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'' \50\ 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.\51\
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    \50\ See 8 CFR 214.2(f)(6).
    \51\ 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'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'' \52\ 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.\53\
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    \52\ See 8 CFR 214.2(f)(6).
    \53\ Minimum course load requirement for enrollment in a school 
must be established in a publicly available document (e.g., catalog, 
website, or operating procedure), and it must be a standard 
applicable to all students (U.S. citizens and foreign students) 
enrolled at the school.
---------------------------------------------------------------------------

How may an eligible F-1 nonimmigrant student obtain employment 
authorization for off-campus employment with a reduced course load 
under this notice?

    An F-1 nonimmigrant student must file a Form I-765, Application for 
Employment Authorization, with USCIS to apply for off-campus employment 
authorization based on severe economic hardship directly resulting from 
the humanitarian crisis in Venezuela. 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 their DSO:

    (1) This employment is necessary to avoid severe economic 
hardship; and
    (2) The hardship is a direct result of the humanitarian crisis 
in Venezuela.

    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].\54\
---------------------------------------------------------------------------

    \54\ 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 March 10, 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'' \55\ at the time of the request 
for employment authorization;
---------------------------------------------------------------------------

    \55\ See 8 CFR 214.2(f)(6).
---------------------------------------------------------------------------

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

[[Page 55023]]

instruction per academic term if the student is at the graduate level; 
\56\ and
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    \56\ 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 
humanitarian crisis in Venezuela.
    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,\57\ under this notice has two options.
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    \57\ 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 apply for TPS 
according to the instructions in the USCIS notice designating Venezuela 
for TPS elsewhere in this issue of the Federal Register.\58\ 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 
TPS-related EAD that is valid through March 10, 2024, they must file 
Form I-765 and pay the Form I-765 fee (or submit a Request for Fee 
Waiver (Form I-912)). An F-1 student who already has a TPS-related EAD 
will benefit from an automatic extension of the EAD through September 
9, 2023, through the Federal Register notice extending the designation 
of Venezuela for TPS. A Venezuela TPS-related EAD can also be 
automatically extended for up to 540 days \59\ if an F-1 nonimmigrant 
student who is a TPS beneficiary properly files a renewal Form I-765 
application and pays the Form I-765 fee (or submit a Request for Fee 
Waiver (Form I-912)) during the filing period described in the Federal 
Register notice extending the designation of Venezuela for TPS. 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.
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    \58\ Only those Venezuelan nationals (and noncitizens having no 
nationality who last habitually resided in Venezuela) who have 
continuously resided in the United States since March 8, 2021, and 
have been continuously physically present in the United States since 
March 10, 2021, are eligible to apply for TPS under this notice.
    \59\ 8 CFR 274a.13(d)(5).
---------------------------------------------------------------------------

    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 Venezuela 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'' \60\ 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).
---------------------------------------------------------------------------

    \60\ See 8 CFR 214.2(f)(6).
---------------------------------------------------------------------------

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 humanitarian crisis in Venezuela. 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 55024]]

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 through March 10, 2024,\61\ to 
eligible F-1 nonimmigrant students. DHS will continue to monitor the 
situation in Venezuela. 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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    \61\ 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 March 10, 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 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 July 8, 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 
humanitarian crisis in Venezuela 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. 2022-19542 Filed 9-7-22; 8:45 am]
BILLING CODE 9111-28-P