[Federal Register Volume 88, Number 48 (Monday, March 13, 2023)]
[Notices]
[Pages 15427-15434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04737]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Immigration and Customs Enforcement
[Docket No. ICEB-2022-0015]
RIN 1653-ZA35
Employment Authorization for Somali F-1 Nonimmigrant Students
Experiencing Severe Economic Hardship as a Direct Result of the Current
Crisis in Somalia
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 Somalia,
regardless of country of birth (or individuals having no nationality
who last habitually resided in Somalia), and who are experiencing
severe economic hardship as a direct result of the current crisis in
Somalia. The Secretary is taking action to provide relief to these
Somali 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 action is effective March 18, 2023, through September 17,
2024.
[[Page 15428]]
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 Somalia, regardless of country of birth (or
individuals having no nationality who last habitually resided in
Somalia), who are present in the United States in lawful F-1
nonimmigrant student status on the date of publication of this notice,
and who are experiencing severe economic hardship as a direct result of
the current crisis in Somalia. 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 18, 2021, became effective from September 18, 2021, until
March 17, 2023. See 86 FR 38739 (July 22, 2021). Effective with this
publication, suspension of the employment limitations is available
through September 17, 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 September 17, 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 Nov. 23, 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 Somalia regardless of country of birth (or an
individual having no nationality who last habitually resided in
Somalia);
(2) Were lawfully present in the United States on the date of
publication of this notice 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);
(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 current crisis in Somalia.
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 Somali F-1 nonimmigrant
students experiencing severe economic hardship due to the current
crisis in Somalia. Based on its review of country conditions in Somalia
and input received from the U.S. Department of State, DHS is taking
action to allow eligible F-1 nonimmigrant students from Somalia (or
individuals having no nationality who last habitually resided in
Somalia) 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 announced temporary relief to F-1 nonimmigrant
students whose country of citizenship is Somalia, regardless of country
of birth (or individuals having no nationality who last habitually
resided in Somalia), and who experienced severe economic hardship
because of the humanitarian crisis in Somalia. See 86 FR 38739 (July
22, 2021). That notice enabled these F-1 nonimmigrant students to
request and obtain employment authorization, work an increased number
of hours while school was in session, and reduce their course load,
while continuing to maintain their F-1 nonimmigrant student status.
DHS conducted a thorough review of conditions in Somalia. Armed
conflict involving state and non-state actors, in combination with
interrelated climate, health, food security, and economic challenges,
continues to undermine the physical security and wellbeing of the
Somali population. Compounding these challenges is the difficulty of
providing critical humanitarian aid to affected communities. Internally
displaced persons and other vulnerable populations have been
particularly impacted.
Al-Shabaab
The insurgent Islamist group al-Shabaab contests government control
and continues to conduct an armed insurgency against the Federal
Government of Somalia (FGS), resulting in death, injury, and
displacement of civilians. Al-Shabaab is a well-organized and well-
funded group with control over parts of Somalia.2 3 Al-
Shabaab controls substantial territory in southern Somalia, planning
and conducting terrorist attacks across the country, as well as attacks
in northern Kenya and eastern Ethiopia. Al-Shabaab regularly conducts
suicide bombings and targeted killings, as well as organized assaults
against the Somali National Army (SNA), Somali Police Force (SPF) and
the African Union Transition Mission in Somalia (ATMIS) (formerly the
African Union Mission in Somalia (AMISOM)).
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\2\ Report of the Secretary-General on children and armed
conflict in Somalia [S/2022/397], UN Security Council, May 16, 2022,
pg. 3-5, available at https://www.ecoi.net/en/file/local/2076558/N2235204.pdf (last visited Sept. 7, 2022).
\3\ In 2008, the U.S. Government designated Al-Shabaab as a
Foreign Terrorist Organization under Section 219 of the Immigration
and Nationality Act (as amended) and as a Specially Designated
Global Terrorist under Section 1(b) of Executive Order 13224 (as
amended). Counter Terrorism Guide--Al-Shabaab, National
Counterterrorism Center, available at https://www.dni.gov/nctc/groups/al_shabaab.html (last visited Nov. 18, 2022).
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Al-Shabaab's multiple illegal funding streams, including extortion
of local businesses and individuals and facilitation of illicit trades,
generates around $100 million per year.\4\ Al-Shabaab is regarded as
``al-Qaeda's largest, wealthiest and most deadly affiliate,'' nearly
doubling its attacks
[[Page 15429]]
between 2015 and 2021 and continuing to pose an acute threat.\5\ On
January 23, an al-Shabaab attack on the Mogadishu mayor's office killed
five civilians.\6\ On November 27, 2022, Al-Shabaab gunmen killed at
least six people in a Mogadishu hotel popular with government
officials.\7\ One month earlier, Al-Shabaab claimed responsibility for
two car bombs in Mogadishu that exploded at the education ministry next
to a busy market intersection; President Hassan Sheikh Mohamud stated
at the time that the bombings killed at least 100 people and wounded
300,\8\ representing Al-Shabaab's deadliest attack in five years.\9\ An
Al-Shabaab attack on another hotel in Mogadishu in August 2022 killed
21 people and injured 117 others.\10\
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\4\ Treasury Designates al-Shabaab Financial Facilitators, U.S.
Dep't. of the Treasury, Oct. 17, 2022, available at https://home.treasury.gov/news/press-releases/jy1028 (last visited Nov. 3,
2022).
\5\ An attack on a military base in Somalia shows al-Shabab's
deadly power, Washington Post, July 17, 2022, available at https://www.washingtonpost.com/world/2022/07/17/somalia-al-shabab-us-troops/
(last visited Nov. 22, 2022).
\6\ At Least Five Injured After Blast at Mayor's Office,
Reuters, Jan. 22, 2023, available at https://www.reuters.com/world/africa/blast-heard-near-mayors-office-somalias-capital-mogadishu-witness-2023-01-22/ (last visited Jan. 22, 2023).
\7\ At Least Six Killed in Ongoing Terrorist Siege at Mogadishu
Hotel, New York Times, Nov. 28, 2022, available at https://www.nytimes.com/2022/11/27/world/africa/mogadishu-shabab-hotel.html
(last visited Nov. 28, 2022).
\8\ Car bombs at busy Somalia market intersection killed at
least 100, president says, Reuters, Oct. 30, 2022, available at
https://www.reuters.com/world/africa/somalia-president-least-100-people-killed-car-bombs-2022-10-30/ (last visited Nov. 1, 2022).
\9\ At Least Six Killed in Ongoing Terrorist Siege at Mogadishu
Hotel, New York Times, Nov. 28, 2022, available at https://www.nytimes.com/2022/11/27/world/africa/mogadishu-shabab-hotel.html
(last visited Nov. 28, 2022).
\10\ Somali PM Vows Accountability after Deadly Hotel Attack,
VOA News, Aug. 22, 2022, available at https://www.voanews.com/a/somali-pm-vows-accountability-after-deadly-hotel-attack/6712021.html
(last visited Nov. 3, 2022).
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Somali security forces do not have the capacity to independently
and consistently secure Somalia. When al-Shabaab regains control of
towns that had been secured previously by pro-government forces, they
have punished residents they suspected of cooperating with U.S. and
pro-government forces by conducting public executions including
beheadings, stonings, and other deadly forms of retaliation. Somali
women and girls are disproportionately exposed to high levels of
conflict-related sexual violence.
Al-Shabaab often used suicide bombers, mortars, and IEDs to attack
civilian and military targets throughout Somalia. It also killed
prominent peace activists, community leaders, clan elders, electoral
delegates, and their family members for their roles in peace building,
in addition to beheading persons accused of spying for and
collaborating with Somali forces and affiliated militias. ISIS-Somalia
remains active, planning and carrying out suicide bombings, armed
assaults, assassinations, and small arms attacks in the Federal Member
State (FMS) of Puntland and in the capital, Mogadishu.
Humanitarian Assistance
More than 7 million Somalis are in need of humanitarian
assistance.\11\ Compounding this challenge, armed groups deliberately
restrict the passage of relief supplies and access by humanitarian
organizations through the use of checkpoints, roadblocks, extortion,
carjacking, and bureaucratic obstacles.\12\ An estimated 740,000 people
live in areas controlled by non-state actors, and some districts are
regarded as inaccessible.\13\
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\11\ Somalia Key Figures, United Nations Office for the
Coordination of Humanitarian Affairs (UNOCHA), available at https://m.reliefweb.int/country/216/som?figures-display=all (last visited
Sept. 15, 2022). Estimate as of June 24, 2022.
\12\ 2021 Country Reports on Human Rights Practices: Somalia,
U.S. Dep't. of State, Apr. 12, 2022, available at https://www.state.gov/reports/2021-country-reports-on-human-rights-practices/somalia/ (last visited Sept. 13, 2022).
\13\ Somalia Situation Report, UNOCHA, Aug. 31, 2022, available
at https://reports.unocha.org/en/country/somalia/ (last visited Nov.
28, 2022).
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Vulnerable populations face particular protection challenges.
Gender-based violence is underreported but widespread,\14\ with
Internally Displaced Persons (IDPs) and members of marginalized clans
and groups particularly at risk.\15\ Al-Shabaab continues to commit
gender-based violence, including through child, early, and forced
marriages.\16\ Children are often subject to recruitment by armed
groups.\17\
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\14\ Somalia: Protection Analysis Update (Feb. 2022), Global
Protection Cluster/UN High Commissioner for Refugees, Feb. 9, 2022,
pg. 4, available at https://reliefweb.int/report/somalia/somalia-protection-analysis-update-february-2022 (last visited Sept. 7,
2022).
\15\ 2021 Country Reports on Human Rights Practices: Somalia,
U.S. Dep't. of State, Apr. 12, 2022, available at https://www.state.gov/reports/2021-country-reports-on-human-rights-practices/somalia/ (last visited Sept. 13, 2022).
\16\ Id.
\17\ Report of the Secretary-General on children and armed
conflict in Somalia [S/2022/397], UN Security Council, May 16, 2022,
pg. 2, available at https://www.ecoi.net/en/file/local/2076558/N2235204.pdf (last visited Nov. 18, 2022).
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Health System
Somalia's overall health system, including its disease surveillance
system, remains fragmented, under-resourced, and ill-equipped to
provide lifesaving and preventative services.\18\ It is estimated that
at least 6.5 million people need essential healthcare and nutrition
services, with malnutrition, disease outbreaks, and conflict continuing
to drive increased illness and excess deaths.\19\ It is estimated that
only 19 percent of districts have adequate healthcare facilities.\20\
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\18\ 2022 Somalia Humanitarian Needs Overview, UNOCHA, Oct. 24,
2021, pg. 24, available at https://reliefweb.int/report/somalia/2022-somalia-humanitarian-needs-overview (last visited Sept. 13,
2022).
\19\ Somalia Complex Crisis--Overview, ACAPS, last updated on
Sept. 9, 2022, available at https://www.acaps.org/country/somalia/crisis/complex-crisis (last visited Sept. 13, 2022).
\20\ Id.
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Climate Change and Violence
Climate change has intensified competition over declining
resources, which in turn exacerbates clan divisions and inter-clan
violence.\21\ Violence between clan militias has led to civilian
casualties, destruction of civilian property, displacement, and
obstruction of humanitarian assistance.\22\ Somalia is beset by ``a
culture of impunity due to clan protection of perpetrators [of abuses]
and weak government capacity to hold the guilty to account.'' \23\
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\21\ 2022 Somalia Humanitarian Needs Overview, UNOCHA, Oct. 24,
2021, pg. 6, available at https://reliefweb.int/report/somalia/2022-somalia-humanitarian-needs-overview (last visited Sept. 13, 2022).
\22\ Panel of Experts on Somalia, UN Security Council, Oct. 6,
2021, pg. 13, available at https://documents-dds-ny.un.org/doc/UNDOC/GEN/N21/249/27/PDF/N2124927.pdf?OpenElement (last visited
Sept. 7, 2022).
\23\ 2021 Country Reports on Human Rights Practices: Somalia,
U.S. Dep't. of State, Apr. 12, 2022, available at https://www.state.gov/reports/2021-country-reports-on-human-rights-practices/somalia/ (last visited Sept. 13, 2022).
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Alongside conflict and violence, drought and flooding have been
primary drivers of displacement, food insecurity, and malnutrition.\24\
In March 2022, the UN assessed that, ``Since December 2021, extreme
drought conditions have affected about 4.9 million people, with about
719,000 displaced from their homes in search of water, food, and
pasture as of March. The emergency is decimating the lives of people
whose coping capacities were already eroded by decades of conflict,
food shortages, climatic shocks, disease outbreaks, desert locust
infestations and the COVID-19 pandemic.'' \25\
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\24\ Somalia: Protection Analysis Update, Global Protection
Cluster, UNHCR, Feb. 9, 2022, pg. 4, available at https://reliefweb.int/report/somalia/somalia-protection-analysis-update-february-2022 (last visited Sept. 12, 2022).
\25\ Somalia Humanitarian Bulletin, March 2022, UNOCHA, Apr. 12,
2022, pg. 2, available at https://reliefweb.int/report/somalia/somalia-humanitarian-bulletin-march-2022 (last visited Sept. 13,
2022).
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As of June 2022, more than 80 percent of the country was facing
severe to
[[Page 15430]]
extreme drought conditions.\26\ As of December 2022, Somalia has
experienced five consecutive seasons of poor rainfall and is likely to
experience a sixth such season from March to June 2023.\27\
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\26\ Somalia Complex Crisis--Overview, ACAPS, last updated on
Sept. 9, 2022, available at https://www.acaps.org/country/somalia/crisis/complex-crisis (last visited Sept. 13, 2022).
\27\ Nearly 8.3 million people across Somalia face Crisis (IPC
Phase 3) or worse acute food insecurity outcomes, Famine Early
Warning System Network (FEWS NET)/Food Security and Nutrition
Analysis Unit (FSNAU)/Integrated Food Security Phase Classification
(IPC), Dec. 13, 2022, pg. 1, available at https://reliefweb.int/report/somalia/nearly-83-million-people-across-somalia-face-crisis-ipc-phase-3-or-worse-acute-food-insecurity-outcomes (last visited
Dec. 13, 2022).
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Food Insecurity
Malnutrition in Somalia is driven by food insecurity, poor child
feeding practices, diseases, and limited access to clean water and
sanitation.\28\ More than 1.7 million children under the age of five
are acutely malnourished.\29\ Moreover, conflict and disease outbreaks
have exacerbated a spike in food prices.\30\
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\28\ WFP Somalia Country Brief, May 2022, World Food Programme,
May 31, 2022, pg. 1, available at https://reliefweb.int/report/somalia/wfp-somalia-country-brief-may-2022 (last visited Sept. 14,
2022).
\29\ Somalia Key Figures, UNOCHA, available at https://m.reliefweb.int/country/216/som?figures-display=all (last visited
Sept. 15, 2022). Estimate as of Sept. 12, 2022.
\30\ Nearly 8.3 million people across Somalia face Crisis (IPC
Phase 3) or worse acute food insecurity outcomes, FEWS NET/FSNAU/
IPC, Dec. 13, 2022, pg. 1, available at https://reliefweb.int/report/somalia/nearly-83-million-people-across-somalia-face-crisis-ipc-phase-3-or-worse-acute-food-insecurity-outcomes (last visited
Dec. 13, 2022).
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The UN reports that 7.1 million people, accounting for 45 percent
of the country, face at least ``crisis'' levels of food security, of
which 2.1 million are experiencing even more serious ``emergency''
shortages that signify acute malnutrition and rising levels of death.
Approximately 213,000 people are at the ``catastrophe'' \31\ level,
representing a 160 percent increase between April and June 2022, and
characterized by an extreme lack of food that can result in starvation
and death.\32\ The situation may further deteriorate if an anticipated
decrease in humanitarian assistance for Somalia after March 2023 comes
to pass, with the UN and its partners predicting that the number of
Somalis facing ``crisis'' levels of food security--or worse--would grow
to around 8.3 million between April and June 2023, of which 2.7 million
would face ``emergency'' levels and at least 727,000 would face
``catastrophe.'' \33\
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\31\ This designation is also referred to as ``Famine'' or ``IPC
Phase 5.'' See Id.
\32\ Horn of Africa braces for `explosion of child deaths' as
hunger crisis deepens, UN News, June 7, 2022, available at https://news.un.org/en/story/2022/06/1119862 (last visited Sept. 19, 2022).
\33\ Nearly 8.3 million people across Somalia face Crisis (IPC
Phase 3) or worse acute food insecurity outcomes, FEWS NET/FSNAU/
IPC, Dec. 13, 2022, pg. 1, available at https://reliefweb.int/report/somalia/nearly-83-million-people-across-somalia-face-crisis-ipc-phase-3-or-worse-acute-food-insecurity-outcomes (last visited
Dec. 13, 2022).
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As of February 6, 2023, approximately 120 F-1 nonimmigrant students
from Somalia are enrolled at SEVP-certified academic institutions in
the United States. Given the extent of the current crisis in Somalia,
affected students whose primary means of financial support comes from
Somalia 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 Somalia 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.\34\ 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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\34\ 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
Nov. 23, 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 Somali citizen,
regardless of country of birth (or an individual having no nationality
who last habitually resided in Somalia), 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 employment authorization document (EAD)
expiration date (if the student is currently authorized for off-campus
employment), or the end date of
[[Page 15431]]
this notice, whichever date comes first].\35\
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\35\ 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 17, 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'' \36\ 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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\36\ 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 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 Somalia regardless of country of birth (or an
individual having no nationality who last habitually resided in
Somalia);
(2) Were lawfully present in the United States on the date of
publication of this notice in F-1 nonimmigrant status, under section
101(a)(15)(F)(i) of the INA, 8 U.S.C. 1101(a)(15)(F)(i);
(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 Somalia.
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 Somalia).
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 Registerand 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 Somalia 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
CFR214.2(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 Somalia 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].\37\
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\37\ 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 17, 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 Somalia. 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
[[Page 15432]]
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'' \38\ 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.\39\
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\38\ See 8 CFR 214.2(f)(6).
\39\ 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'' \40\ 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.\41\
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\40\ See 8 CFR 214.2(f)(6).
\41\ 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 Somalia. Filing instructions are located at
https://www.uscis.gov/i-765.
Fee considerations. Submission of a Form I-765 currently requires
payment of a $410 fee. An applicant who is unable to pay the fee may
submit a completed Form I-912, Request for Fee Waiver, along with the
Form I-765, Application for Employment Authorization. See https://www.uscis.gov/forms/filing-fees/additional-information-on-filing-a-fee-waiver. 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) (Oct. 1,
2020).
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
Somalia.
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].\42\
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\42\ 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 17, 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 employment authorization document (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'' \43\ at the time of the request
for employment authorization;
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\43\ See 8 CFR 214.2(f)(6).
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(b) The F-1 nonimmigrant student is a citizen of Somalia,
regardless of country of birth (or an individual having no nationality
who last habitually resided in Somalia), and is experiencing severe
economic hardship as a direct result of the current crisis in Somalia,
as documented on the Form I-20;
(c) The F-1 nonimmigrant student has confirmed that the student
will comply
[[Page 15433]]
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; \44\ and
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\44\ 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 Somalia.
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) (Oct. 1, 2020); 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.'' \45\ Failure to include this notation may
result in significant processing delays.
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\45\ 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 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,\46\ under this notice has two options.
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\46\ See DHS Study in the States, Special Student Relief,
https://studyinthestates.dhs.gov/students/special-student-relief
(last visited Oct. 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 Somalia
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 TPS-related EAD that is valid through September 17, 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 March 17, 2024, through the
Federal Register notice extending the designation of Somalia 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.
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 Somalia 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'' \47\ unless or until the
nonimmigrant student receives employment authorization under this
notice. TPS-related employment authorization, by itself, does not
authorize a nonimmigrant student to drop below twelve credit hours, or
otherwise applicable minimum requirements (e.g., clock hours for non-
traditional academic programs). Once approved for Special Student
Relief employment authorization, the F-1 nonimmigrant student may drop
below twelve credit hours, or otherwise applicable minimum requirements
(with a minimum of six semester or quarter hours of instruction per
academic term if at the undergraduate level, or for a minimum of three
semester or quarter hours of instruction per academic term if at the
graduate level). See 8 CFR 214.2(f)(5)(v), (f)(6), and (f)(9) (i) and
(ii).
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\47\ See 8 CFR 214.2(f)(6).
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How does a student who has received a TPS-related EAD then apply for
authorization to take a reduced course load under this notice?
There is no further application process with USCIS if a student has
been approved for a TPS-related EAD. The F-1 nonimmigrant student must
demonstrate and provide documentation to the DSO of the direct economic
hardship resulting from the current crisis in Somalia. 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
[[Page 15434]]
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 17, 2024,\48\
to eligible F-1 nonimmigrant students. DHS will continue to monitor the
situation in Somalia. Should the special provisions authorized by this
notice need modification or extension, DHS will announce such changes
in the Federal Register.
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\48\ Because the suspension of requirements under this notice
applies throughout an academic term during which the suspension is
in effect, DHS considers an F-1 nonimmigrant student who engages in
a reduced course load or employment (or both) after this notice is
effective to be engaging in a ``full course of study,'' see 8 CFR
214.2(f)(6), and eligible for employment authorization, through the
end of any academic term for which such student is matriculated as
of September 17, 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 Nov. 23, 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 Somalia 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. 2023-04737 Filed 3-7-23; 8:45 am]
BILLING CODE 9111-28-P