[Federal Register Volume 88, Number 160 (Monday, August 21, 2023)]
[Notices]
[Pages 56857-56864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17871]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Immigration and Customs Enforcement

[Docket No. ICEB-2023-0004]
RIN 1653-ZA39


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

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 Sudan, regardless 
of country of birth (or individuals having no nationality who last 
habitually resided in Sudan), and who are experiencing severe economic 
hardship as a direct result of the current crisis in Sudan. The 
Secretary is taking action to provide relief to these Sudanese students 
who are in lawful F-1 nonimmigrant student status, so the students may 
request employment authorization, work an increased number of hours 
while school is in session, and reduce their course load while 
continuing to maintain their F-1 nonimmigrant student status. The U.S. 
Department of Homeland Security (DHS) will deem an F-1 nonimmigrant 
student granted employment authorization by means of this notice to

[[Page 56858]]

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 October 20, 2023, through April 19, 
2025.

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 Sudan regardless of country of birth (or 
individuals having no nationality who last habitually resided in 
Sudan), 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 Sudan. The original notice, which suspended certain 
regulatory requirements for F-1 nonimmigrant students experiencing 
severe economic hardship as a direct result of the crisis at that time 
is effective from April 19, 2022, through October 19, 2023. See 87 FR 
23195 (Apr. 19, 2022). Effective with this publication, suspension of 
the employment limitations is available through April 19, 2025, 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 April 19, 2025, provided the student satisfies the minimum course 
load requirements in this notice.
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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 Sudan regardless of country of birth (or an 
individual having no nationality who last habitually resided in Sudan);
    (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 Sudan.
    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 Sudanese F-1 nonimmigrant 
students experiencing severe economic hardship due to the current 
crisis in Sudan. Based on its review of country conditions in Sudan and 
input received from the U.S. Department of State (DOS), DHS is taking 
action to allow eligible F-1 nonimmigrant students from Sudan 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.
    In August 2019, a transitional government,\2\ known as the 
Sovereign Council, comprised of military and civilian members, was 
established in Sudan.\3\ General Abdel Fatah al-Burhan, a top military 
figure in the Sudanese Armed Forces (SAF) led the council.\4\ General 
Mohammed Hamdan Dagalo, also known as Hemedti, head of the Rapid 
Support Forces (RSF),\5\ served as the deputy to General al-Burhan.\6\ 
On August 20, 2021, Dr. Abdalla Hamdok was sworn in as the prime 
minister of Sudan.\7\ However, on October 25, 2021, Sudan faced a 
military takeover of the transitional government led by General al-
Burhan with the support of General Hemedti.\8\ Prime Minister Hamdok 
was removed from power and taken to an undisclosed location. In 
December 2021, General al-Burhan ``issued an edict giving authorities 
sweeping powers to clamp down on dissent, including granting security 
officers immunity from prosecution in carrying out these orders.'' \9\ 
Prime Minister Hamdock was eventually freed and officially resigned as 
the Sudanese prime minister on January 2, 2022.\10\
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    \2\ The Sovereign Council removed Sudan's former President Omar 
al-Bashir, after 30 years in power. After Bashir, A New Dawn in 
Sudan? U.S. Institute of Peace, April 17, 2019, available at https://www.usip.org/publications/2019/04/after-bashir-new-dawn-sudan-part-1 (last visited on Apr. 17, 2023).
    \3 \ 2020 Country Reports on Human Rights Practices: Sudan, DOS, 
March 30, 2020, available at https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/sudan/ (last visited on 
Apr. 17, 2023).
    \4\ Id.
    \5 \ Rapid Support Forces (RSF) is a paramilitary force 
established in 2013 by former President al-Bashir. It was 
``fashioned out of Janjaweed militias and was assembled in response 
to anti-government rebel movements in Darfur.'' ``It has also been 
accused of a myriad of human rights abuses in Darfur and 
elsewhere.'' The Rapid Support Forces and the Escalation of Violence 
in Sudan, ACLED, July 2019, acleddata.com/2019/07/02/the-rapid-support-forces-and-the-escalation-of-violence-in-sudan/ (last 
visited May 10, 2023).
    \6 \ Sudan strongman is seen as an insider with powerful allies, 
AP News, October 27, 2021, available at https://apnews.com/article/sudan-who-is-abdel-fattah-burhan-3f2d4d660fabf1b526f09f04808af7c8 
(last visited on Apr. 17, 2023).
    \7 \ 2019 Country Reports on Human Rights Practices: Sudan, U.S. 
Department of State, March 30, 2020, available at https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/sudan/ (last visited Apr. 17, 2023).
    \8 \ Appetite for Destruction: The Military Counterrevolution in 
Sudan, ACLED, October 29, 2021, available at https://acleddata.com/2021/10/29/appetite-for-destruction-the-military-counter-revolution-in-sudan/ (last visited July 25, 2023).
    \9 \ Watch List 2022; Sudan: Toward a Reset for the Transition, 
International Crisis Group, Jan. 27, 2022, available at https://www.ecoi.net/en/document/2069005.html (last visited Mar. 29, 2023).
    \10 \ Sudan coup: Prime Minister Abdalla Hamdok resigns after 
mass protests, BBC News, 3 Jan. 2022, available at https://www.bbc.com/news/world-africa-59855246 (last visited May 10, 2022).
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    In February 2023, the United Nations (UN) Panel of Experts on Sudan 
reported that Sudan continued to face a political crisis at the 
national level, with regular demonstrations against the rule of the 
military.\11\ It further reported that a path to a transition towards a 
fully

[[Page 56859]]

civilian government remained unclear.\12\ Moreover, the UN Security 
Council reported, in September 2022, that the lack of a political 
agreement and a fully functioning government contributed to insecurity 
in various parts of Sudan, as well as to the deterioration of the 
economic and humanitarian situation.\13\
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    \11\ Letter dated 7 February 2023 from the Panel of Experts on 
the Sudan addressed to the President of the Security Council; Final 
report of the Panel of Experts on the Sudan, UN Security Council, 
February 7, 2023, available at https://www.ecoi.net/en/file/local/2087153/N2303752.pdf (last visited Mar. 29, 2023).
    \12\ Id.
    \13\ Situation in Sudan and the activities of the UNITAMS, UN 
Security Council, September 2, 2022, available at https://www.ecoi.net/en/file/local/2078615/N2258000-1.pdf (last visited Mar. 
29, 2023).
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    In April 2023, tensions between General Burhan and General Hemedti 
led to armed conflict between the Sudanese Armed Forces (SAF) and the 
RSF.\14\ The conflict was caused by a disagreement over how the RSF 
would be integrated into the SAF.\15\ On April 16, 2023, the UN Office 
for the Coordination of Humanitarian Affairs (UNOCHA) further reported 
on security conditions in the country stating that clashes between the 
SAF and the RSF erupted in Khartoum just before 9:00 a.m. on April 15, 
2023. Additionally, heavy gunfire and explosions were heard from 
several locations in Khartoum. The RSF released a statement claiming to 
have taken control of Khartoum International Airport, the Presidential 
Palace, state television, and other key locations in the city. News of 
clashes at the military base in Merowe in Northern State and heavy 
exchanges of fire at the Soba military base in the south of Khartoum 
were also reported around the same time. Shortly after, heavy fighting 
was heard at the airport and the Sudanese Air Force attacked RSF 
positions from the air. Several civilian planes were reportedly 
damaged, and unconfirmed reports have indicated that the damaged 
aircraft includes the only UN Humanitarian Air Service (UNHAS) fixed-
wing plane still in service following a recent funding shortage.\16\ 
The United States Agency for International Development (USAID) reports 
that at least 3,900 people have been killed since the conflict began, 
although the true toll is likely much higher.\17\
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    \14\ ``In January 2015, the RSF, which had been operating under 
the command of the National Intelligence Security Services, became 
part of the regular government forces through a constitutional 
amendment. In April 2015, the RSF were placed under the command of 
the Presidency. In January 2017, the Parliament passed the Rapid 
Support Forces Act, integrating those forces into the Sudan Armed 
Forces.'' Report of the Secretary-General on children and armed 
conflict in Sudan, UN Security Council, March 6, 2017, available at 
http://www.un.org/ga/search/view_doc.asp?symbol=S/2017/191&referer=/english/⟪=E (last visited Apr. 17, 2023).
    \15\ Dozens of civilians are dead as rival military factions 
batter for control of Sudan, National Public Radio, April 17, 2023, 
available at https://www.npr.org/2023/04/16/1170289462/sudans-army-and-rsf-are-doing-battle-leaving-56-civilians-dead (last visited 
Apr. 17, 2023).
    \16\ Sudan Situation Report, UNOCHA, April 17, 2023, available 
at https://reliefweb.int/report/sudan/sudan-clashes-between-sudanese-armed-forces-and-rapid-support-forces-flash-update-16-april-2023-enar (last visited July 25, 2023).
    \17\ Sudan--Complex Emergency Fact Sheet #15, Fiscal Year (FY) 
2023, USAID, available at https://reliefweb.int/report/sudan/sudan-complex-emergency-fact-sheet-15-fiscal-year-fy-2023 (last visited 
August 4, 2023).
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Economic Situation

    Sudan's political stalemate has negatively impacted its 
economy.\18\ In 2022, Sudan's government devalued its currency, causing 
the inflation rate to surpass 300 percent.\19\ In 2022, Sudan's economy 
remained highly dependent on agriculture, which contributes to nearly a 
third of the country's gross domestic product (GDP), and provides 
livelihoods to approximately two-thirds of Sudan's population.\20\ 
However, the rising prices of fuel, agricultural tools, and fertilizer 
has impeded local production costs further eroding the already limited 
purchasing power of the majority of the population.\21\
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    \18\ Sudan: Overview Complex Crisis, Assessments Capacities 
Project (ACAPS) April 13, 2022, available at https://www.acaps.org/country/sudan/crisis/violence-in-darfur-and-kordofan-regions (last 
visited Apr. 11, 2023).
    \19\ Id.
    \20\ Humanitarian Needs Overview Sudan 2023, UNOCHA, November 2, 
2022, available at file:///C:/Users/RMoehri/AppData/Local/Temp/1/
MicrosoftEdgeDownloads/1437637c-ce66-4ebe-9716-e86db118cf30/
SDN_2023-HNO.pdf (last visited July 26, 2023).
    \21\ Id.
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    Moreover, continued insecurity, inter-communal violence and rising 
floods led to price hikes of basic services in Sudan.\22\ Continued 
increases in the prices of food and transportation, and the local food 
basket are expected to continue impacting the purchasing power of poor 
households and likely drive an increase in the inflation rate. The Food 
and Agriculture Organization (FAO) estimate that 5.6 million people are 
affected by the dry spells in addition to the 9.8 million people that 
are food insecure due to the current economic crisis, as well as fuel 
and price hikes.\23\ In April 2023, the Famine Early Warning System 
Network, reported that ``Sudan's economic conditions remain poor, as 
low foreign currency reserves and currency depreciation resulted in 
high inflation rates.'' \24\
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    \22\ Sudan: Overview Complex Crisis, ACAPS April 13, 2022, 
available at https://www.acaps.org/fileadmin/Data_Product/Main_media/20220324_acaps_global_risk_report_march_2022.pdf (last 
visited July 25, 2023).
    \23\ Sudan: Situation Report, UNOCHA, available at file://
one.dhs/wpaas-ice/ten3-homedir/RMOEHRI/Downloads/
Situation%20Report%20-%20Sudan%20-%2027%20Mar%202022.pdf (last 
visited July 25, 2023).
    \24\ Sudan Key Message Update: Exceedingly high cost of living 
and conflict undermine benefits of harvest, March 2023, Famine Early 
Warning System Network, April 6, 2023, available at https://reliefweb.int/report/sudan/sudan-key-message-update-exceedingly-high-cost-living-and-conflict-undermine-benefits-harvest-march-2023 
(last visited May 17, 2023).
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Numbers at a Glance

     Number of People in Need: 24,700,000 (since December 14, 
2022, as of May 17, 2023) \25\
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    \25\ Sudan Key Figures, UNOCHA, available at https://m.reliefweb.int/country/220/sdn?figures-display=all (last visited 
Apr. 17, 2023).
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     Children in Need: 8,500,000 (since December 14, 2021, as 
of December 5, 2022) \26\
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    \26\ Id.
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     People Internally Displaced: 2,613,036(since July 11, 
2023, as of July 18, 2023) \27\
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    \27\ Id.
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     People Affected by Floods: 348,724 \28\
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    \28\ Sudan: Floods: People & areas affected, UNOCHA, October 2, 
2022, available at https://reliefweb.int/map/sudan/sudan-floods-people-areas-affected-02-october-2022 (last visited Apr. 17, 2023).
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     People in Food Crisis/Emergency: 11,700,000 (since April 
30, 2022, as of June 21, 2022) \29\
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    \29\ Sudan Key Figures, UNOCHA, available at https://m.reliefweb.int/country/220/sdn?figures-display=all (last visited 
Apr. 17, 2023).
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Displacement

    As of March 2023, there were more than 3.8 million Internally 
Displaced Person(s) (IDPs) in Sudan, and this figure has increased 
since conflict began in April 2023.\30\ In November 2022, UNOCHA 
reported that at least 2 million IDPs were under the age of 18 and had 
been displaced for most of their lives, and that 52 percent of IDPs 
were female.\31\
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    \30\ International Organization for Migration (IOM), DTM Sudan--
Situation Report (16), Aug 8, 2023, https://dtm.iom.int/reports/dtm-sudan-situation-report-16 (last visited Aug. 9, 2023)
    \31\ Humanitarian Needs Overview Sudan 2023, UNOCHA, November 2, 
2022, available to download at https://reliefweb.int/report/sudan/sudan-humanitarian-needs-overview-2023-november-2022?_gl=1*1a32v0y*_ga*MjA2NjI5MjkzOS4xNjkwMzcxNzYy*_ga_E60ZNX2F68*MT
Y5MDM3MTc2MS4xLjEuMTY5MDM3MTgwNS4xNi4wLjA. (last visited July 25, 
2023).
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    Moreover, the living conditions for IDPs in Sudan remains dire, as 
many IDPs have been displaced multiple times and have been traumatized, 
physically abused, injured, or have lost family members, personal 
belongings, shelters, villages and access to land, water points and 
firewood collection.\32\

[[Page 56860]]

UNOCHA reported in November 2022 that the majority of IDPs continue to 
reside in temporary sites and are unable to return to their homes or 
previous displacement sites due to security concerns.\33\
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    \32\ Id.
    \33\ Sudan Flash Update: Conflict in Blue Nile State, Flash 
Update No. 07 (3 November 2023), UNOCHA, available at https://reports.unocha.org/en/country/sudan/card/1LiGbNBeVA/ (last visited 
July 25, 2023).
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    Forced displacement due to conflict is concentrated in Darfur's 
states, which host 85 percent of Sudan's total IDP population.\34\ In 
July 2022, rising inter-communal violence in the Blue Nile region 
resulted in the forced displacement of some additional 12,800 
people.\35\ The UN Integrated Transition Assistance Mission in Sudan 
(UNITAMS) further reported that, in March 2023, local violence in 
Darfur, Blue Nile, and South and West Kordofan that mainly concerned 
access to and control of resources contributed to the displacement of 
civilians. Over 16,000 people were displaced due to violence between 
December 2022 and February 2023.\36\
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    \34\ Clashes displace thousands in Darfur, UN News, available at 
https://news.un.org/en/story/2021/12/1107292 (last visited July 25, 
2023).
    \35\ Sudan: Displacement due to conflict in Blue Nile state, 
UNOCHA, available at file:///C:/Users/RMoehri/AppData/Local/Temp/5/
MicrosoftEdgeDownloads/6a6ada21-4fb3-4037-97c4-e30d13f460c6/
20220728_acaps_briefing_note_sudan_displacement_in_blue_nile_state_0%
20(1).pdf (last visited July 25, 2023).
    \36\ Id.
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Food Security

    The number of food insecure people in Sudan continued to increase 
in 2022.\37\ In September 2022, the UN reported that almost one quarter 
of the population was estimated to be facing acute hunger.\38\ In 
addition, according to ACAPS, in 2022 at least three million children 
under the age of five suffered from malnutrition.\39\
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    \37\ Humanitarian Needs Overview Sudan 2023, UNOCHA, November 2, 
2022, available at https://reliefweb.int/report/sudan/sudan-humanitarian-needs-overview-2023-november-2022 (last visited Apr. 7, 
2023).
    \38\ Situation in Sudan and the activities of the UNITAMS, UN 
Security Council, September 2, 2022, available at https://www.ecoi.net/en/file/local/2078615/N2258000-1.pdf (last visited Mar. 
29, 2023).
    \39\ Sudan Overview, ACAPS, January 1, 2023, available at 
https://www.acaps.org/fileadmin/Data_Product/Main_media/20230419_acaps_briefing_note_sudan_conflict.pdf (last visited July 
25, 2023).
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Vulnerable Populations

    Members of vulnerable groups, including women and children, 
continue to face a range of risks, including gender-based violence 
(GBV), as well as other human rights abuses.\40\ In 2022, gender-based 
violence remained a grave concern across Sudan.\41\ In February 2023, 
UNITAMS reported that the UN Joint Human Rights Office continued to 
receive reports of sexual violence against women from camps for IDPs 
who engage in livelihood activities outside the camps.\42\ There have 
also been several reports of security forces engaging in sexual 
violence against women across the country, reportedly to discourage 
their participation in protests and demonstrations.\43\
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    \40\ Humanitarian Needs Overview Sudan 2023, UNOCHA, November 2, 
2022, available at file:///C:/Users/RMoehri/AppData/Local/Temp/5/
MicrosoftEdgeDownloads/d53a1d63-7c1f-4270-a55b-486349498546/
SDN_2023-HNO.pdf (last visited July 25, 2023).
    \41\ Id.
    \42\ Sudan: Humanitarian Key Messages (February 2023), UNOCHA, 
February 26, 2023, https://reliefweb.int/report/sudan/sudan-humanitarian-key-messages-february-2023 (last visited on July 25, 
2023).
    \43\ 2022 Country Reports on Human Rights Practices: Sudan, U.S. 
Department of State, March 23, 2023, available at https://www.state.gov/wp-content/uploads/2023/02/415610_SUDAN-2022-HUMAN-RIGHTS-REPORT.pdf (last visited Apr. 7, 2023).
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    As of August 8, 2023, approximately 351 F-1 nonimmigrant students 
from Sudan are enrolled at SEVP-certified academic institutions in the 
United States. Given the extent of the current crisis in Sudan, 
affected students whose primary means of financial support comes from 
Sudan 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 Sudan 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. 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.

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 Sudanese citizen, 
regardless of country of birth (or an individual having no nationality 
who last habitually resided in Sudan), 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

[[Page 56861]]

Student Relief authorization from [DSO must insert the beginning 
date of the notice or the beginning date of the student's 
employment, whichever date is later] until [DSO must insert either 
the student's program end date, the current EAD expiration date (if 
the student is currently authorized for off-campus employment), or 
the end date of this notice, whichever date comes first].\44\
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    \44\ 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 April 19, 2025, 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'' \45\ 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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    \45\ See 8 CFR 214.2(f)(6).
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Will an F-2 dependent (spouse or minor child) of an F-1 nonimmigrant 
student covered by this notice be eligible for employment 
authorization?

    No. An F-2 spouse or minor child of an F-1 nonimmigrant student is 
not authorized to work in the United States and, therefore, may not 
accept employment under the F-2 nonimmigrant status, consistent with 
8CFR 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 Sudan regardless of country of birth (or an 
individual having no nationality who last habitually resided in Sudan);
    (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 Sudan.
    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 Sudan).

Does this notice apply to a continuing F-1 nonimmigrant student who 
departs the United States after the effective date of this notice in 
the Federal Register and who needs to obtain a new F-1 visa before 
returning to the United States to continue an educational program?

    Yes. This notice applies to such an F-1 nonimmigrant student, but 
only if the DSO has properly notated the student's SEVIS record, which 
will then appear on the student's Form I-20. The normal rules for visa 
issuance remain applicable to a nonimmigrant who needs to apply for a 
new F-1 visa to continue an educational program in the United States.

Does this notice apply to elementary school, middle school, and high 
school students in F-1 status?

    Yes. However, this notice does not by itself reduce the required 
course load for F-1 nonimmigrant students from Sudan 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 
8CFR214.2(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 Sudan 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].\46\
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    \46\ 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 April 19, 2025, 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 Sudan. An F-1 nonimmigrant student authorized by the DSO to 
engage in on-campus employment by means of this notice does not need to 
file any applications with U.S. Citizenship and

[[Page 56862]]

Immigration Services (USCIS). The standard rules permitting full-time 
on-campus employment 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'' \47\ 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.\48\
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    \47 \ See 8 CFR 214.2(f)(6).
    \48\ 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'' \49\ 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.\50\
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    \49\ See 8 CFR 214.2(f)(6).
    \50\ 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 Sudan.\51\ Filing instructions are located at 
https://www.uscis.gov/i-765.
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    \51\ See 8 CFR 274a.12(c)(3)(iii).
---------------------------------------------------------------------------

    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 Sudan.
    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].\52\
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    \52\ 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 April 19, 2025, provided the student satisfies the minimum course 
load requirements in this notice.
---------------------------------------------------------------------------

    The F-1 nonimmigrant student must then file the properly endorsed 
Form I-20 and Form I-765 according to the instructions for the Form I-
765. The F-1 nonimmigrant student may begin working off campus only 
upon receipt of the EAD from USCIS.
    DSO recommendation. In making a recommendation that an F-1 
nonimmigrant student be approved for Special Student Relief, the DSO 
certifies that:
    (a) The F-1 nonimmigrant student is in good academic standing and 
is carrying a ``full course of study'' \53\ at the time of the request 
for employment authorization;
---------------------------------------------------------------------------

    \53\ See 8 CFR 214.2(f)(6).
---------------------------------------------------------------------------

    (b) The F-1 nonimmigrant student is a citizen of Sudan, regardless 
of country of birth (or an individual having no nationality who last 
habitually resided in Sudan), and is experiencing severe economic 
hardship as a direct result of the current crisis in Sudan, as 
documented on the Form I-20;
    (c) The F-1 nonimmigrant student has confirmed that the student 
will comply

[[Page 56863]]

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; \54\ and
---------------------------------------------------------------------------

    \54\ 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 Sudan.
    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.'' \55\ Failure to include this notation may 
result in significant processing delays.
---------------------------------------------------------------------------

    \55\ 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,\56\ under this notice has two options.
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    \56\ See DHS Study in the States, Special Student Relief, 
https://studyinthestates.dhs.gov/students/special-student-relief 
(last visited May 10, 2023).
---------------------------------------------------------------------------

    Under the first option, the F-1 nonimmigrant student may apply for 
TPS according to the instructions in the USCIS notice designating Sudan 
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 April 19, 2025, and to be 
eligible for automatic EAD extensions that may be available to certain 
EADs with an A-12 or C-19 category code, they must file Form I-765 and 
pay the Form I-765 fee (or request a fee waiver). After receiving the 
TPS-related EAD, an F-1 nonimmigrant student may request that their DSO 
make the required entry in SEVIS and issue an updated Form I-20, which 
notates that the nonimmigrant student has been authorized to carry a 
reduced course load, as described in this notice. As long as the F-1 
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 F-1 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 Sudan for TPS. If the F-1 
nonimmigrant student has already applied for employment authorization 
under Special Student Relief, they are not required to submit the Form 
I-765 as part of the TPS application. However, some nonimmigrant 
students may wish to obtain a TPS-related EAD in light of certain 
extensions that may be available to EADs with an A-12 or C-19 category 
code that are not available to the C-3 category under which Special 
Student Relief falls. The F-1 nonimmigrant student should check the 
appropriate box when filling out Form I-821 to indicate whether a TPS-
related EAD is being requested. Again, as long as the F-1 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'' \57\ 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 a TPS-related EAD and 
Special Student Relief employment authorization, as indicated by the 
DSO's required entry in SEVIS and issuance of an updated Form I-20, 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).
---------------------------------------------------------------------------

    \57\ 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 Sudan. 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 may apply to students who worked on a TPS-
related EAD or dropped their course

[[Page 56864]]

load before publication of this notice, and therefore fell out of 
student status. These students must satisfy the criteria set forth in 
the F-1 nonimmigrant student status reinstatement regulations.

How long will this notice remain in effect?

    This notice grants temporary relief until April 19, 2025,\58\ to 
eligible F-1 nonimmigrant students. DHS will continue to monitor the 
situation in Sudan. 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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    \58\ 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 April 19, 2025, provided the student satisfies the minimum course 
load requirements in this notice.
---------------------------------------------------------------------------

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 Sudan 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 under 
OMB Control Number 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. 2023-17871 Filed 8-18-23; 8:45 am]
BILLING CODE 9111-28-P