[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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    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;
---------------------------------------------------------------------------

    \43\ See 8 CFR 214.2(f)(6).
---------------------------------------------------------------------------

    (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
---------------------------------------------------------------------------

    \44\ 8 CFR 214.2(f)(5)(v).
---------------------------------------------------------------------------

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

    \45\ Guidance for direct filing addresses can be found here: 
https://www.uscis.gov/i-765-addresses.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \46\ See DHS Study in the States, Special Student Relief, 
https://studyinthestates.dhs.gov/students/special-student-relief 
(last visited Oct. 5, 2022).
---------------------------------------------------------------------------

    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).
---------------------------------------------------------------------------

    \47\ See 8 CFR 214.2(f)(6).
---------------------------------------------------------------------------

How does a student who has received a TPS-related EAD then apply for 
authorization to take a reduced course load under this notice?

    There is no further application process with USCIS if a student has 
been approved for a TPS-related EAD. The F-1 nonimmigrant student must 
demonstrate and provide documentation to the DSO of the direct economic 
hardship resulting from the 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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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