[Federal Register Volume 87, Number 186 (Tuesday, September 27, 2022)]
[Notices]
[Pages 58509-58515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20758]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Immigration and Customs Enforcement

[Docket No. ICEB-2022-0011]
RIN 1653-ZA31


Employment Authorization for Burmese F-1 Nonimmigrant Students 
Experiencing Severe Economic Hardship as a Direct Result of the Current 
Crisis in Burma (Myanmar)

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 Burma, regardless 
of country of birth (or individuals having no nationality who last 
habitually resided in Burma), and who are experiencing severe economic 
hardship as a direct result of the current crisis in Burma. The 
Secretary is taking action to provide relief to these Burmese 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 granted 
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 notice is effective November 26, 2022, through May 25, 
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 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 Burma regardless of country of birth (or 
individuals having no nationality who last habitually resided in 
Burma), who are present in the United States in lawful F-1 nonimmigrant 
student status on the date of publication of this notice, and who are 
experiencing severe economic hardship as a direct result of current 
crisis in Burma. Effective with this publication, suspension of the 
employment limitations is available through May 25, 2024, for those who 
are in lawful F-1 nonimmigrant status on the date of publication of 
this notice. 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 May 25, 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 Aug. 5, 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 Burma regardless of country of birth (or an 
individual having no nationality who last habitually resided in Burma);
    (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

[[Page 58510]]

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 current crisis in Burma.
    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 Burmese F-1 nonimmigrant 
students experiencing severe economic hardship due to exigent 
circumstances in Burma caused by the February 2021 military coup, which 
has led to continuing violence, arbitrary detentions, use of lethal 
violence against peaceful protesters, and the worsening of humanitarian 
conditions. Based on its review of country conditions in Burma and 
input received from the U.S. Department of State (DOS), DHS is taking 
action to allow eligible F-1 nonimmigrant students from Burma 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.
    Since the military coup d'etat on February 1, 2021, the Burma 
military regime has widely committed human rights violations and 
abuses, including arbitrary detentions and the unwarranted use of 
deadly force against unarmed individuals. As a result of the crisis, 
nearly one million people are currently internally displaced throughout 
the country, bringing the total number of IDPs to nearly 1.3 million 
with pre-coup displacements, while more than 45,500 additional persons 
have sought refuge outside Burma since the coup.\2\ Internally 
displaced persons and other vulnerable populations throughout the 
country now lack adequate and secure access to shelter, food, water and 
sanitation, health care, and education. Inflation and a shrinking 
economy are compounding this crisis and straining already under-
resourced relief efforts.\3\
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    \2\ Myanmar Humanitarian Update No. 18, U.N. Office for the 
Coordination of Humanitarian Affairs (OCHA), May 31, 2022, pp. 2, 7-
8, 14, available at: https://reliefweb.int/report/myanmar/myanmar-humanitarian-update-no-18-31-may-2022 (last visited June 8, 2022).
    \3\ Id.
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    In the period following the coup, fighting between the Burmese 
military and groups (many of them newly formed) resisting the 
military's seizure of power have expanded to most parts of the country, 
even regions that had previously seen little fighting.'' \4\ The report 
noted that the military has escalated 5 6 The crisis in 
Burma has caused over a million people to flee the country as refugees 
or to be displaced internally. Furthermore, though estimates are 
difficult to verify, about 12,700 ``houses, churches, monasteries, and 
schools'' appear to have been destroyed since the start of the 
violence, a level of destruction that ``will make internally displaced 
persons returns more difficult even if the situation improves.'' \7\
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    \4\ Myanmar's Coup Shakes Up Its Ethnic Conflicts, International 
Crisis Group, Jan. 12, 2022, available at: https://www.crisisgroup.org/asia/south-east-asia/myanmar/319-myanmars-coup-shakes-its-ethnic-conflicts (last accessed May 27, 2022).
    \5\ Report of the Special Rapporteur on the situation of human 
rights in Myanmar, Thomas H. Andrews, U.N. Human Rights Council, 
Mar. 16, 2022, available at: https://www.ohchr.org/en/documents/country-reports/ahrc4976-report-special-rapporteur-situation-human-rights-myanmar-thomas (last accessed May 27, 2022).
    \6\ Id.
    \7\ Myanmar Humanitarian Update No. 18, supra, p. 2.
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    The coup has also exacerbated the precarious human rights situation 
of members of the ethnic minority Rohingya, a group against whom the 
Secretary of State determined that members of the Burmese military had 
committed genocide and crimes against humanity.\8\ Rohingya are 
forbidden by law from relocating within Burma and have been arrested 
since the 2021 coup when they have attempted to do so.\9\ Rohingya 
attempting to flee Burma by boat have also perished at sea, as happened 
in May 2022, when 14 people died when their boat capsized as they were 
attempting to make the journey from Rakhine state to Malaysia.\10\
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    \8\ Genocide, Ethnic Cleansing, and Crimes Against Humanity in 
Burma, U.S. Department of State, undated, available at: https://www.state.gov/burma-genocide/ (last visited May 25, 2022).
    \9\ Myanmar's military coup prolongs misery for Rohingya in 
Rakhine, Al-Jazeera, Jan. 6, 2022, available at: https://www.aljazeera.com/news/2022/1/6/rohingya-myanmar-restrictions-on-freedom-of-movement (last visited May 31, 2022).
    \10\ At Least 17 Perish as Refugee Boat Capsizes Off Myanmar 
Coast, The Diplomat, May 24, 2022, available at: https://thediplomat.com/2022/05/at-least-17-perish-as-refugee-boat-capsizes-off-myanmar-coast/ (last visited May 31, 2022).
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    As of May 31, 2022, 13.2 million persons [in Burma?] were estimated 
to face moderate to severe food insecurity with the greatest needs in 
areas affected by fighting.\11\ Access to adequate food and nutrition 
is a major unmet need. Severe acute malnutrition is a threat to life, 
with only 2 percent of the 39,477 children aged 6-59 months old 
targeted for assistance having received treatment.\12\ In some places, 
relief agencies are only recently beginning to be able to provide 
assistance to those rendered vulnerable by the destruction of property. 
Lack of resources, strong storms and heavy rain, and access and 
movement restrictions limit the United Nations (U.N.) and its partners 
from providing assistance to all of those in need. As of September 
2022, only 50 percent (3.1 million people) of those targeted for relief 
in the U.N.'s 2022 Humanitarian Response Plan (6.2 million people) had 
been reached with humanitarian assistance.\13\
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    \11\ Myanmar Humanitarian Update No. 18, supra, p. 8.
    \12\ Id., p. 9.
    \13\ Id., p.2.
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    The ongoing violence and the resulting displacement in Burma have 
caused major vulnerabilities related to (1) shelter, (2) food security 
and nutrition, (3) water, sanitation and hygiene (WASH), (4) health and 
(5) education for persons in Burma.\14\ Lack of personnel, facilities 
and supplies is contributing to a ``worsening of maternal and child 
health outcomes,'' as well as ``poor emergency care'' for pregnant 
women, victims of fighting, and persons with other related and 
unrelated injuries, all of which is anticipated to result in increased 
numbers of avoidable deaths.\15\
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    \14\ Id.
    \15\ Id., pp. 8-9.
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    The coup and the instability it has created (within and outside of 
Burma) have deteriorated Burma's economic conditions, worsening the 
crisis. The Burmese currency, the kyat, has experienced extreme 
volatility since the coup, as Burma's economy shrank by 18% in the year 
leading up to September 2021, critical services such as banking, 
telecommunications, health, and education were disrupted, and economic 
sanctions that had been lifted as Burma had transitioned toward 
democracy were reimposed.\16\ Increasing commodity prices, particularly 
for food and fuel, are causing distress for thousands of people across 
the country. In addition to affecting Burmese people's purchasing power 
for essential items such as food,

[[Page 58511]]

rising prices are beginning to affect the work of relief agencies, 
particularly those supplying food and shelter.\17\
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    \16\ Myanmar Central Bank Orders Government Agencies to Stop 
Using Foreign Currencies, The Diplomat, May 27, 2022, available at: 
https://thediplomat.com/2022/05/myanmar-central-bank-orders-government-agencies-to-stop-using-foreign-currencies/ (last visited 
May 31, 2022).
    \17\ Myanmar Humanitarian Update No. 18, supra, pp. 2, 7-8, 14.
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    In summary, more than a year after the Burmese military perpetrated 
a coup, human rights violations and abuses, including sexual violence, 
disappearances, excessive use of force, and killings, are occurring in 
most parts of the country. As a result, more than one million people 
are currently internally displaced throughout the country, while more 
than 45,500 additional persons have sought refuge in neighboring 
countries giving rise to major vulnerabilities related to shelter, food 
security, and the country's economy.
    As of July 27, 2022, approximately 2,140 F-1 nonimmigrant students 
from Burma are enrolled at SEVP-certified academic institutions in the 
United States. Given the extent of the current crisis in Burma, 
affected students whose primary means of financial support comes from 
Burma may need to be exempt from the normal student employment 
requirements to continue their studies in the United States. The 
current crisis has made it unfeasible for many students to safely 
return to Burma 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.\18\ See 8 CFR 214.2(f)(6)(i)(G). An F-1 nonimmigrant 
student attending an approved private school in kindergarten through 
grade 12 or public school in grades 9 through 12 must maintain ``class 
attendance for not less than the minimum number of hours a week 
prescribed by the school for normal progress toward graduation,'' as 
required under 8 CFR 214.2(f)(6)(i)(E). Nothing in this notice affects 
the applicability of federal and state labor laws limiting the 
employment of minors.
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    \18\ DHS considers students who are compliant with ICE 
coronavirus disease 2019 (COVID-19) guidance for nonimmigrant 
students to be in compliance with regulations while such COVID-19 
guidance remains in effect. See ICE Guidance and Frequently Asked 
Questions on COVID-19, https://www.ice.gov/coronavirus (last visited 
Aug. 5, 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 Burmese citizen, 
regardless of country of birth (or an individual having no nationality 
who last habitually resided in Burma), 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].\19\
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    \19\ 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 May 25, 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'' \20\ 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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    \20\ See 8 CFR 214.2(f)(6).
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Will an F-2 dependent (spouse or minor child) of an F-1 nonimmigrant 
student covered by this notice be eligible for employment 
authorization?

    No. An F-2 spouse or minor child of an F-1 nonimmigrant student is 
not authorized to work in the United States and, therefore, may not 
accept employment under the F-2 nonimmigrant status, consistent with 8 
CFR 214.2(f)(15)(i).

[[Page 58512]]

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 Burma regardless of country of birth (or an 
individual having no nationality who last habitually resided in Burma);
    (2) Were lawfully present in the United States in F-1 nonimmigrant 
status, under section 101(a)(15)(F)(i) of the INA, 8 U.S.C. 
1101(a)(15)(F)(i) on the date of publication of this notice;
    (3) Are enrolled in an academic institution that is SEVP-certified 
for enrollment of F-1 nonimmigrant students;
    (4) Are maintaining F-1 nonimmigrant status; and
    (5) Are experiencing severe economic hardship as a direct result of 
the current crisis in Burma.
    An F-1 nonimmigrant student who does not meet all these 
requirements is ineligible for the suspension of the applicability of 
the standard regulatory requirements (even if experiencing severe 
economic hardship as a direct result of the current crisis in Burma).

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 Burma 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 Burma enrolled in an elementary 
school, middle school, or high school may benefit from the suspension 
of the requirement in 8 CFR 214.2(f)(9)(i) that limits on-campus 
employment to 20 hours per week while school is in session.

On-Campus Employment Authorization

Will an F-1 nonimmigrant student who receives on-campus employment 
authorization under this notice be authorized to work more than 20 
hours per week while school is in session?

    Yes. For an F-1 nonimmigrant student covered in this notice, the 
Secretary is suspending the applicability of the requirement in 8 CFR 
214.2(f)(9)(i) that limits an F-1 nonimmigrant student's on-campus 
employment to 20 hours per week while school is in session. An eligible 
F-1 nonimmigrant student has authorization to work more than 20 hours 
per week while school is in session if the DSO has entered the 
following statement in the remarks field of the 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].\21\
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    \21\ 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 May 25, 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 the current 
crisis in Burma. 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'' \22\ 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.\23\
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    \22\ See 8 CFR 214.2(f)(6).
    \23\ 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

[[Page 58513]]

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'' \24\ 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.\25\
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    \24\ See 8 CFR 214.2(f)(6).
    \25\ Minimum course load requirement for enrollment in a school 
must be established in a publicly available document (e.g., catalog, 
website, or operating procedure), and it must be a standard 
applicable to all students (U.S. citizens and foreign students) 
enrolled at the school.
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How may an eligible F-1 nonimmigrant student obtain employment 
authorization for off-campus employment with a reduced course load 
under this notice?

    An F-1 nonimmigrant student must file a Form I-765, Application for 
Employment Authorization, with USCIS to apply for off-campus employment 
authorization based on severe economic hardship directly resulting from 
the current crisis in Burma.\26\ Filing instructions are located at 
https://www.uscis.gov/i-765.
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    \26\ See 8 CFR 274a.12(c)(3)(iii).
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    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 current crisis in Burma.
    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].\27\
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    \27\ 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 May 25, 2024, provided the student satisfies the minimum course 
load requirements in this notice.
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    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'' \28\ at the time of the request 
for employment authorization;
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    \28\ See 8 CFR 214.2(f)(6).
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    (b) The F-1 nonimmigrant student is a citizen of Burma, regardless 
of country of birth (or an individual having no nationality who last 
habitually resided in Burma), and is experiencing severe economic 
hardship as a direct result of the current crisis in Burma, 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; \29\ and
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    \29\ 29 8 CFR 214.2(f)(5)(v).
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    (d) The off-campus employment is necessary to alleviate severe 
economic hardship to the individual as a direct result of the current 
crisis in Burma.
    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 the following 
documents:
    (1) A completed Form I-765 with all applicable supporting evidence;
    (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,\30\ under this notice has two options.
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    \30\ See DHS Study in the States, Special Student Relief, 
https://studyinthestates.dhs.gov/students/special-student-relief 
(last visited Aug. 5, 2022).
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    Under the first option, the nonimmigrant student may apply for TPS 
according to the instructions in the USCIS notice designating Burma for 
TPS elsewhere in this issue of the

[[Page 58514]]

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 TPS-related EAD that is 
valid through May 25, 2024, they must file Form I-765 and pay the Form 
I-765 fee (or request a Fee Waiver). An F-1 student who already has a 
TPS-related EAD will benefit from an automatic extension of the EAD 
through November 25, 2023, through the Federal Register notice 
extending the designation of Burma for TPS. A Burma TPS-related EAD can 
also be automatically extended for up to 540 days \31\ 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 requests a Fee 
Waiver) during the filing period described in the Federal Register 
notice extending the designation of Burma for TPS, but no later than 
October 26, 2023. 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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    \31\ 8 CFR 274a.13(d)(5).
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    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 Burma 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 that 
are not available to the C-3 category under which Special Student 
Relief falls. 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'' \32\ 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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    \32\ See 8 CFR 214.2(f)(6).
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How does a student who has received a TPS-related EAD then apply for 
authorization to take a reduced course load under this notice?

    There is no further application process with USCIS if a student has 
been approved for a TPS-related EAD. The F-1 nonimmigrant student must 
demonstrate and provide documentation to the DSO of the direct economic 
hardship resulting from the current crisis in Burma. 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 May 25, 2024,\33\ to 
eligible F-1 nonimmigrant students. DHS will continue to monitor the 
situation in Burma. 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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    \33\ 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 May 25, 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 Aug. 5, 2022).
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Paperwork Reduction Act (PRA)

    An F-1 nonimmigrant student seeking off-campus employment 
authorization due to severe economic hardship resulting from the 
current crisis in Burma 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

[[Page 58515]]

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. 2022-20758 Filed 9-26-22; 8:45 am]
BILLING CODE 9111-28-P