[Federal Register Volume 88, Number 1 (Tuesday, January 3, 2023)]
[Notices]
[Pages 88-94]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28293]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Immigration and Customs Enforcement

[Docket No. ICEB-2022-0013]
RIN 1653-ZA33


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

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 Yemen, regardless 
of country of birth (or individuals having no nationality who last 
habitually resided in Yemen), and who are experiencing severe economic 
hardship as a direct result of the crisis in Yemen. The Secretary is 
taking action to provide relief to these Yemeni students who are lawful 
F-1 nonimmigrant students so the students may request employment 
authorization, work an increased number of hours while school is in 
session, and reduce their course load while continuing to maintain 
their F-1 nonimmigrant student status. The U.S. Department of Homeland 
Security (DHS) will deem an F-1 nonimmigrant student who receives 
employment authorization by means of this notice to be engaged in a 
``full course of study'' for the duration of the employment 
authorization, if the nonimmigrant student satisfies the minimum course 
load requirement described in this notice.

DATES: This notice is effective from March 4, 2023, through September 
3, 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:

[[Page 89]]

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 Yemen, regardless of country 
of birth (or individuals having no nationality who last habitually 
resided in Yemen), who are lawfully present in the United States in F-1 
nonimmigrant student status on the date of publication of this notice, 
and who are experiencing severe economic hardship as a direct result of 
the crisis in Yemen. 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 
September 4, 2021, became effective from September 4, 2021, through 
March 3, 2023. See 86 FR 36288 (July 9, 2021). Effective with this 
publication, suspension of the employment limitations is available 
through September 3, 2024, for those who are in lawful F-1 nonimmigrant 
status as of January 3, 2023. 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 September 3, 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 Oct. 14, 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 Yemen, regardless of country of birth (or an 
individual having no nationality who last habitually resided in Yemen);
    (2) Were lawfully present in the United States in F-1 nonimmigrant 
status under section 101(a)(15)(F)(i) of the Immigration and 
Nationality Act (INA), 8 U.S.C. 1101(a)(15)(F)(i), on the date of 
publication of this notice;
    (3) Are enrolled in an academic institution that is Student and 
Exchange Visitor Program (SEVP)-certified for enrollment for F-1 
nonimmigrant students;
    (4) Are currently maintaining F-1 nonimmigrant status; and
    (5) Are experiencing severe economic hardship as a direct result of 
the crisis in Yemen.
    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 Yemeni F-1 nonimmigrant 
students experiencing severe economic hardship due to the ongoing armed 
conflict and continued crisis in Yemen. Based on its review of country 
conditions in Yemen and input received from the U.S. Department of 
State, DHS is taking action to allow eligible F-1 nonimmigrant students 
from Yemen 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 Yemen, regardless 
of country of birth (or individuals having no nationality who last 
habitually resided in Yemen), and who experienced severe economic 
hardship because of the crisis in Yemen. See 86 FR 36288 (July 9, 
2021). It has enabled these F-1 nonimmigrant students to obtain 
employment authorization, work an increased number of hours while 
school was in session, and reduce their course load, while continuing 
to maintain their F-1 nonimmigrant student status.
    DHS reviewed conditions in Yemen and determined that suspending 
certain employment authorization requirements for eligible nonimmigrant 
students is again warranted due to the ongoing civil war and continued 
crisis, which has deepened Yemen's difficult economic and humanitarian 
situation. While a truce backed by the United Nations (UN) came into 
effect on April 2, 2022,\2\ the truce expired on October 2, 2022,\3\ 
and the future of the Yemen conflict continues to be uncertain.
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    \2\ Yemen truce renewed for another two months, UN News, Aug. 2, 
2022, available at: https://news.un.org/en/story/2022/08/1123832 
(last visited Aug. 22, 2022).
    \3\ Department of State, Press Release, UN Truce Expiration in 
Yemen, Oct. 3, 2022, available at: https://www.state.gov/un-truce-expiration-in-yemen/ (last visited Oct. 7, 2022).
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    The UN considers the situation in Yemen to be the most widespread 
and dire humanitarian crisis in the world with an estimated 24.1 
million people (approximately 80% of the population) needing 
humanitarian assistance as a result of armed conflict in the 
country.\4\ The number of those who have died as a result of the 
conflict is now estimated at over 377,000 individuals.\5\ The 
protracted armed conflict has resulted in high levels of food 
insecurity, limited access to water and medical care,\6\ and the large-
scale destruction of Yemen's infrastructure and cultural heritage.\7\
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    \4\ The United Nations in Yemen, available at: https://yemen.un.org/en/about/about-the-un, (last visited Aug. 31, 2022).
    \5\ Yemen war deaths will reach 377,000 by end of the year: UN, 
Al-Jazeera, Nov. 23, 2021, available at: https://www.aljazeera.com/news/2021/11/23/un-yemen-recovery-possible-in-one-generation-if-war-stops-now (last visited Aug. 31, 2022).
    \6\ Yemen's Tragedy: War, Stalemate, and Suffering, Council on 
Foreign Relations, Aug. 22, 2022, available at: https://www.cfr.org/backgrounder/yemen-crisis (last visited Aug. 31, 2022).
    \7\ Heritage at Risk in Yemen, UNESCO, available at: https://en.unesco.org/galleries/heritage-risk-yemen (last visited Aug. 31, 
2022).
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    The United Nations High Commissioner for Refugees (UNHCR) has 
recorded 73,077 Yemeni refugees and asylum-seekers in neighboring 
countries.\8\ Over 4 million people have been internally displaced 
within Yemen, 286,000 of those in 2021 alone.\9\ The situation of 
internally displaced persons (IDPs) did not improve despite the truce.
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    \8\ Refugee Data Finder, The UN Refugee Agency, UNHCR, available 
at: https://www.unhcr.org/refugee-statistics/download/?url=Gb4fe1 
(last visited Sept. 1, 2022).
    \9\ Yemen Fact Sheet, UNHCR, June, 2022, available at: https://reporting.unhcr.org/document/3030 (last visited Sept. 1, 2022).
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    The conflict in Yemen has directly affected the physical security 
of the civilian population throughout the country.\10\ Active conflict 
has put civilians at significant risk of harm--both directly from the 
protracted armed conflict and from conflict-related

[[Page 90]]

externalities.\11\ Despite the truce, Explosive Remnants of War, which 
consist of Unexploded Ordinances, Improvised Explosive Devices and 
landmines, remain a threat to civilians in Yemen.\12\ Terrorist 
organizations operating inside of Yemen also pose a danger to 
civilians.\13\
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    \10\ World Report--Yemen, Human Rights Watch World Report, 
available at: https://www.hrw.org/world-report/2022/country-chapters/yemen?gclid=EAIaIQobChMIo86n6cvx-QIVL3FvBB3bpQduEAAYASAAEgI9C_D_BwE (last visited Aug. 31, 2022).
    \11\ World Report--Yemen, Human Rights Watch World Report, 
available at: https://www.hrw.org/world-report/2022/country-chapters/yemen?gclid=EAIaIQobChMIo86n6cvx-QIVL3FvBB3bpQduEAAYASAAEgI9C_D_BwE (last visited Aug. 31, 2022).
    \12\ Yemen: Explosive remnants of war the biggest killer of 
children since truce began, Save the Children, June 30, 2022, 
available at: https://www.savethechildren.net/news/yemen-explosive-remnants-war-biggest-killed-children-truce-began (last visited Aug. 
31, 2022).
    \13\ World Report--Yemen, Human Rights Watch World Report, 
available at: https://www.hrw.org/world-report/2022/country-chapters/yemen?gclid=EAIaIQobChMIo86n6cvx-QIVL3FvBB3bpQduEAAYASAAEgI9C_D_BwE (last visited Aug. 31, 2022).
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    Currently in Yemen, 19.7 million people lack access to basic health 
services.\14\ Only 51 percent of the health facilities in Yemen are 
fully functioning and of those, most lack operational specialists, 
equipment, and basic medicines.\15\ These gaps impact services for the 
most vulnerable, especially women and children.'' \16\ The World Food 
Program (WFP) estimates that 17.4 million Yemenis (or more than 50 
percent of the population) are food insecure, including 7.3 million 
needing emergency assistance.\17\ The International Committee of the 
Red Cross (ICRC) estimates that 17.8 million people in Yemen 
(approximately 56% of the population) do not currently have access to 
clean water and sanitation.\18\ The condition of Yemen's water supply 
also had a direct impact on major health outbreaks, like the cholera 
outbreak of 2016,\19\ since cholera is an infectious disease that is 
caused by drinking unclean or unsanitary water or food.\20\ Though 
there has been a significant decrease in the number of Acute Watery 
Diarrhea/suspected cholera cases in 2022 compared with the same period 
of 2021,\21\ the cholera outbreak in Yemen was considered to be one of 
the worst outbreaks of the disease in modern times and affected all 
other major health crises including COVID-19, and widespread 
malnutrition.\22\
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    \14\ Yemen Health Factsheet, USAID, Apr. 25, 2022, available at: 
https://www.usaid.gov/yemen/fact-sheets/health-fact-sheet (last 
visited Oct. 21, 2022).
    \15\ Yemen Health Factsheet, USAID, Apr. 25, 2022, available at: 
https://www.usaid.gov/yemen/fact-sheets/health-
factsheet#:~:text=In%20Yemen%2C%2019.7%20million%20people,vulnerable%
2C%20especially%20women%20and%20children. (last visited Aug. 31, 
2022).
    \16\ Yemen Health Factsheet, USAID, Apr. 25, 2022, available at: 
https://www.usaid.gov/yemen/fact-sheets/health-
factsheet#:~:text=In%20Yemen%2C%2019.7%20million%20people,vulnerable%
2C%20especially%20women%20and%20children. (last visited Aug. 31, 
2022).
    \17\ Yemen--World Food Programme, June 2022, available at: 
https://docs.wfp.org/api/documents/WFP-0000141295/download/ (last 
visited Sept. 2, 2022).
    Brutal War on Yemen: Dire Hunger Crisis Teetering on the Edge of 
Catastrophe, IPS, Mar. 18, 2022, available at: https://www.ipsnews.net/2022/03/brutal-war-yemen-dire-hunger-crisis-teetering-edge-catastrophe/?utm_source=rss&utm_medium=rss&utm_campaign=brutal-war-yemen-dire-hunger-crisis-teetering-edge-catastrophe (last visited Sept. 2, 
2022).
    \18\ The Water Situation in Yemen, ICRC, June 5, 2002, available 
at: https://www.icrc.org/en/document/water-situation-yemen (last 
visited Sept. 1, 2022).
    Yemen-Complex Emergency, USAID, Fact Sheet #10, Fiscal Year 
2022, Aug. 12, 2022, available at: https://www.usaid.gov/sites/default/files/documents/2022-08-12_USG_Yemen_Complex_Emergency_Fact_Sheet_10.pdf (last visited Sept. 
1, 2022).
    \19\ Yemen's cholera outbreak now the worst in history as 
millionth case looms, The Guardian, Oct, 12, 2017, available at: 
https://www.theguardian.com/global-development/2017/oct/12/yemen-cholera-outbreak-worst-in-history-1-million-cases-by-end-of-year 
(last visited Sept. 6, 2022).
    \20\ Yemen, Water, Sanitation, Hygiene, UNICEF, available at: 
https://www.unicef.org/yemen/water-sanitation-and-hygiene (last 
visited Oct. 21, 2022). See also World Health Organization, Cholera, 
Mar. 30, 2022, available at: https://www.who.int/news-room/fact-sheets/detail/cholera (last visited Oct. 21, 2022).
    \21\ Yemen: Cholera Outbreak--Oct 2016, UNICEF, 16 Mar 2022, 
available at: https://reliefweb.int/disaster/ep-2016-000107-yem 
(last visited Nov. 17, 2022).
    \22\ Agencies fear hidden cholera deaths in Yemen as Covid-19 
overwhelms clinics, The Guardian, July 28, 2020, available at: 
https://www.theguardian.com/global-development/2020/jul/28/agencies-fear-hidden-cholera-deaths-in-yemen-as-covid-19-overwhelms-clinics 
(last visited Sept. 1, 2022).
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    The conflict continues to damage civilian infrastructure including 
houses, hospitals, agricultural infrastructure, energy infrastructure, 
roads, bridges and water systems.\23\ Yemen is highly dependent on 
food, fuel, and medicine imports.\24\ Despite the truce, the World Bank 
reported that in Yemen as of April 14, 2022 ``[e]conomic conditions 
continue to deteriorate, and the acute humanitarian crisis persists.'' 
\25\ Further, the conflict in Ukraine has negatively impacted the 
ability of Yemenis to import foodstuffs.\26\
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    \23\ Saudi-led attacks devastated Yemen's civilian 
infrastructure, dramatically worsening the humanitarian crisis, The 
Washington Post, Feb. 22, 2021, available at: https://www.washingtonpost.com/politics/2021/02/22/saudi-led-attacks-devastated-yemens-civilian-infrastructure-dramatically-worsening-humanitarian-crisis/ (last visited Sept. 6, 2022).
    \24\ Yemen: Civil War and Regional Intervention, Congressional 
Research Service, Sept. 17, 2019, available at: https://fas.org/sgp/crs/mideast/R43960.pdf (last visited Sept. 6, 2022).
    \25\ Republic of Yemen, World Bank Economic Update, Apr. 14, 
2022, available at: https://thedocs.worldbank.org/en/doc/de816119d04a4e82a9c380bfd02dbc3a-0280012022/original/mpo-sm22-yemen-yem-kcm.pdf (last visited Sept. 1, 2022).
    \26\ Republic of Yemen, World Bank Economic Update, Apr. 14, 
2022, available at: https://thedocs.worldbank.org/en/doc/de816119d04a4e82a9c380bfd02dbc3a-0280012022/original/mpo-sm22-yemen-yem-kcm.pdf (last visited Sept. 1, 2022).
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    As of December 20, 2022, approximately 325 F-1 nonimmigrant 
students from Yemen are enrolled at SEVP-certified academic 
institutions in the United States. Given the extent of the crisis in 
Yemen, affected students whose primary means of financial support comes 
from Yemen may need to be exempt from the normal student employment 
requirements to continue their studies in the United States. The 
ongoing crisis has made it unfeasible for many students to safely 
return to Yemen 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.\27\ See 8 CFR 214.2(f)(6)(i)(G).

[[Page 91]]

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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    \27\ 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 
Oct. 14, 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 Yemeni citizen, 
regardless of country of birth (or an individual having no nationality 
who last habitually resided in Yemen), 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] through [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].\28\
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    \28\ Because the suspension of requirements under this notice 
applies throughout an academic term during which the suspension is 
in effect, DHS considers an F-1 nonimmigrant student who engages in 
a reduced course load or employment (or both) after this notice is 
effective to be engaging in a ``full course of study,'' see 8 CFR 
214.2(f)(6), and eligible for employment authorization, through the 
end of any academic term for which such student is matriculated as 
of September 3, 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 their ``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'' \29\ 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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    \29\ See 8 CFR 214.2(f)(6).
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Will an F-2 dependent (spouse or minor child) of an F-1 nonimmigrant 
student covered by this notice be eligible for employment 
authorization?

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

Will the suspension of the applicability of the standard student 
employment requirements apply to an individual who receives an initial 
F-1 visa and makes an initial entry into the United States after the 
effective date of this notice in the Federal Register?

    No. The suspension of the applicability of the standard regulatory 
requirements only applies to certain F-1 nonimmigrant students who meet 
the following conditions:
    (1) Are a citizen of Yemen regardless of country of birth (or an 
individual having no nationality who last habitually resided in Yemen);
    (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 crisis in Yemen.
    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 crisis in Yemen).

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 Yemen 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 Yemen 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

[[Page 92]]

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] through [DSO must insert the student's program end 
date or the end date of this notice, whichever date comes 
first].\30\
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    \30\ 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 September 3, 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 crisis in 
Yemen. 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'' \31\ 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.\32\
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    \31\ See 8 CFR 214.2(f)(6).
    \32\ 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'' \33\ 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.\34\
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    \33\ See 8 CFR 214.2(f)(6).
    \34\ 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 crisis in Yemen.\35\ Filing instructions are located at https://www.uscis.gov/i-765.
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    \35\ 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 crisis in Yemen.
    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

[[Page 93]]

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 through [DSO must insert the program end date or the 
end date of this notice, whichever date comes first].\36\
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    \36\ Because the suspension of requirements under this notice 
applies throughout an academic term during which the suspension is 
in effect, DHS considers an F-1 nonimmigrant student who engages in 
a reduced course load or employment (or both) after this notice is 
effective to be engaging in a ``full course of study,'' see 8 CFR 
214.2(f)(6), and eligible for employment authorization, through the 
end of any academic term for which such student is matriculated as 
of September 3, 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'' \37\ at the time of the request 
for employment authorization;
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    \37\ See 8 CFR 214.2(f)(6).
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    (b) The F-1 nonimmigrant student is a citizen of Yemen, regardless 
of country of birth (or an individual having no nationality who last 
habitually resided in Yemen), and is experiencing severe economic 
hardship as a direct result of the crisis in Yemen, 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; \38\ and
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    \38\ 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 crisis in 
Yemen.
    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.'' \39\ Failure to include this notation may 
result in significant processing delays.
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    \39\ Guidance for direct filing addresses can be found here: 
https://www.uscis.gov/i-765-addresses.
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    If USCIS approves the student's Form I-765, USCIS will send the 
student an 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 re-register or apply for TPS and for 
benefits under this notice at the same time?

    Yes. An F-1 nonimmigrant student who must re-register, or one that 
has not yet applied for TPS or for other relief that reduces the 
student's course load per term and permits an increased number of work 
hours per week, such as Special Student Relief,\40\ under this notice 
has two options.
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    \40\ See DHS Study in the States, Special Student Relief, 
https://studyinthestates.dhs.gov/students/special-student-relief 
(last visited Oct. 14, 2022).
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    Under the first option, the nonimmigrant student may re-register or 
apply for TPS according to the instructions in the USCIS notice 
designating Yemen for TPS elsewhere in this issue of the Federal 
Register. All TPS applicants must file a Form I-821, Application for 
Temporary Protected Status, with the appropriate fee (or request a fee 
waiver). Although not required to do so, if F-1 nonimmigrant students 
want to obtain a new EAD based on their TPS application that is valid 
through September 3, 2024, and to be eligible for automatic EAD 
extensions that may be available to certain EADs with an A-12 or C-19 
category code, they may need to file Form I-765 and pay the Form I-765 
fee (or request a fee waiver). A Yemen TPS-related EAD can also be 
automatically extended for up to 540 days \41\ 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 Yemen 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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    \41\ 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 at 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 Yemen 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-related 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 Special Student Relief EADs. 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.

[[Page 94]]

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'' \42\ unless or until the 
nonimmigrant student receives employment authorization under this 
notice. TPS-related employment authorization, by itself, does not 
authorize a nonimmigrant student to drop below twelve credit hours, or 
otherwise applicable minimum requirements (e.g., clock hours for 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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    \42\ 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 crisis in Yemen. 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 through September 3, 2024,\43\ 
to eligible F-1 nonimmigrant students. DHS will continue to monitor the 
situation in Yemen. 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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    \43\ Because the suspension of requirements under this notice 
applies throughout an academic term during which the suspension is 
in effect, DHS considers an F-1 nonimmigrant student who engages in 
a reduced course load or employment (or both) after this notice is 
effective to be engaging in a ``full course of study,'' see 8 CFR 
214.2(f)(6), and eligible for employment authorization, through the 
end of any academic term for which such student is matriculated as 
of September 3, 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 Oct. 14, 
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 crisis 
in Yemen 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. 2022-28293 Filed 12-30-22; 8:45 am]
BILLING CODE 9111-28-P