[Federal Register Volume 88, Number 160 (Monday, August 21, 2023)]
[Notices]
[Pages 56851-56857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17872]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

U.S. Immigration and Customs Enforcement

[Docket No. ICEB-2023-0003]
RIN 1653-ZA40


Employment Authorization for Ukrainian F-1 Nonimmigrant Students 
Experiencing Severe Economic Hardship as a Direct Result of the Current 
Armed Conflict in Ukraine

AGENCY: U.S. Immigration and Customs Enforcement; Department of 
Homeland Security.

ACTION: Notice.

-----------------------------------------------------------------------

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 Ukraine, 
regardless of country of birth (or individuals having no nationality 
who last habitually resided in Ukraine), and who are experiencing 
severe economic hardship as a direct result of the current armed 
conflict in Ukraine. The Secretary is taking action to provide relief 
to these Ukrainian 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 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:

[[Page 56852]]

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 Ukraine regardless of country of birth (or 
individuals having no nationality who last habitually resided in 
Ukraine), who are present in the United States in lawful F-1 
nonimmigrant student status on the date of publication of this notice, 
and who are experiencing severe economic hardship as a direct result of 
current armed conflict in Ukraine. 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 April 19, 2022, was effective from April 19, 2022, through October 
19, 2023. See 87 FR 23189 (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).
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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 Ukraine regardless of country of birth (or an 
individual having no nationality who last habitually resided in 
Ukraine);
    (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 armed conflict in Ukraine.
    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 Ukrainian F-1 
nonimmigrant students experiencing severe economic hardship due to the 
current armed conflict in Ukraine. Based on its review of country 
conditions in Ukraine and input received from the U.S. Department of 
State (DOS), DHS is taking action to allow eligible F-1 nonimmigrant 
students from Ukraine 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 status.
    On February 24, 2022, the Government of the Russian Federation, 
launched an unprovoked full-scale invasion of Ukraine.\2\ According to 
the United Nations Refugee Agency (UNHCR), the armed conflict in 
Ukraine has sparked the world's largest human displacement crisis in 
Europe since World War II.\3\
---------------------------------------------------------------------------

    \2\ Karl Ritter and Geir Moulson, US: Russia has committed 
crimes against humanity in Ukraine, The Associated Press (AP), Feb. 
18, 2023, available at https://apnews.com/article/us-russia-ukraine-crimes-against-humanity-harris-cee87f06cbf3fcdf37e0bb398360c8ee 
(last viewed Apr. 17, 2023).
    \3\ International Rescue Committee Watchlist 2023: The top 10 
crises the world can't ignore in 2023, The International Rescue 
Committee (IRC), Dec. 14, 2022, available at https://www.rescue.org/article/top-10-crises-world-cant-ignore-2023 (last visited Mar. 31, 
2023).
---------------------------------------------------------------------------

    More than a year later, over 17.7 million people are in need of 
assistance, and more than 6.2 million refugees, mostly women, children, 
and elderly people, left Ukraine and were recorded to be residing in 
cities across Europe and beyond.\4\ According to the Centre for 
Research & Analysis of Migration (CReAM), over five million Ukrainians 
have registered for Temporary Protection, or similar national 
protection schemes, in Europe in the last year.5 6
---------------------------------------------------------------------------

    \4\ Operational Data Portal: Ukraine Refugee Situation, UNHCR, 
available at https://data2.unhcr.org/en/situations/ukraine (last 
visited August 8, 2023).
    \5\ Current migration flows from Ukraine, Centre for Research & 
Analysis of Migration, last updated Feb. 14, 2023, available at 
https://cream-migration.org/ukraine-detail.htm?article=3573 (last 
visited Apr. 11, 2023).
    \6\ Ukraine Humanitarian Response--Key Achievements in 2022 
Situation Report, United Nations Office for the Coordination of 
Humanitarian Affairs (OCHA), last updated Feb. 10, 2023, available 
at https://reports.unocha.org/en/country/ukraine/ (last visited Apr. 
14, 2023).
---------------------------------------------------------------------------

Economy

    The current armed conflict has significantly impacted Ukraine's 
economic growth and has led to massive fiscal reallocations toward 
defense funding.\7\ Since the beginning of the full-scale invasion, 35 
percent of Ukrainians have fled their homes. Data from the World Bank 
indicates that 8 million Ukrainians now live in poverty, reversing 15 
years of development gains and resulting in a 15-year setback in 
poverty reduction goals.\8\ Economic disruptions, combined with heavy 
internal displacement and flows of refugees, have caused unprecedented 
economic loses, prompting President Zelenskyy to seek additional 
economic support and aid for Ukraine.\9\
---------------------------------------------------------------------------

    \7\ Matt Bernardini and Darryl Coote, U.S. announces $2.6 
billion in new military aid to Ukraine, United Press International 
(UPI), Apr. 4, 2023, available at https://www.upi.com/Top_News/US/
2023/04/04/Ukraine-Russia-military-aid/4281680633050/
#:~:text=April%204%20%28UPI%29%20--
%20The%20White%20House%20announced,of%20air-
defense%20systems%2C%20mortar%20systems%2C%20and%20anti-
armor%20systems (last visited Apr. 14, 2023).
    \8\ The World Bank in Ukraine, The World Bank, available at 
https://www.worldbank.org/en/country/ukraine/overview (last visited 
on Apr. 14, 2023).
    \9\ The Latest: War in Ukraine, Zelenskyy Asks Top Finance 
Officials to Increase Economic Support for Ukraine, The New York 
Times, Apr. 12, 2023, available at https://www.nytimes.com/live/2023/04/12/world/russia-ukraine-news (last visited on Apr. 14, 
2023).
---------------------------------------------------------------------------

    According to the World Bank Group Support to Ukraine Report, 
Ukraine's economy shrank by 30 percent in 2022. This is due to loss and 
destruction of infrastructure, damage to agricultural land, and a 
significant labor shortage.\10\ The inflation rate has increased more 
than threefold, from 2.73 percent in 2020 to 9.36 percent in 2021.\11\
---------------------------------------------------------------------------

    \10\ World Bank Group Support to Ukraine report, The World Bank, 
available at https://thedocs.worldbank.org/en/doc/50b29fa867fbd7af6fb96ed5c3dd2513-0080012023/original/World-Bank-Group-Support-to-Ukraine.pdf (last visited on Apr. 14, 2023).
    \11\ The World Factbook, Central Intelligence Agency (CIA), Mar. 
28, 2023, available at https://www.cia.gov/the-world-factbook/countries/ukraine/#economy (last visited Apr. 4, 2023).
---------------------------------------------------------------------------

    In a report titled Analysis: 2022 Economic Results for Ukraine, 
Prospects for 2023, by the Kyiv Post, the unemployment rate for Ukraine 
was

[[Page 56853]]

24.5 percent at the end of December 2022, compared to an estimated 8.9 
percent in 2021. The International Labour Organization (ILO) assessed 
4.8 million jobs have been lost since the beginning of the full-scale 
invasion, which is equivalent to 30 percent of pre-2022 employment in 
Ukraine.\12\ Russia's full-scale invasion of Ukraine has resulted in a 
significant negative impact on the Ukrainian economy and has further 
slowed its growth and development.
---------------------------------------------------------------------------

    \12\ The impact of the Ukraine crisis on the world of work: 
Initial assessments, International Labour Organization (ILO), May 
11, 2022, available at https://www.ilo.org/wcmsp5/groups/public/_-
europe/_-ro-geneva/documents/briefingnote/wcms_844295.pdf (last 
visited Apr. 11, 2023).
---------------------------------------------------------------------------

Impact of the Conflict on Critical Infrastructure

    Critical infrastructure has been negatively impacted by Russia's 
full-scale invasion of Ukraine.\13\ Water systems have either been 
damaged or destroyed, aggravating hardship for the local population. At 
least 45 million square meters of housing, more than 1,200 educational 
institutions, and 656 hospitals have been destroyed and/or damaged. 
Nearly 25,000 kilometers of roads, 300 bridges, and 12 airports have 
also been destroyed or damaged due to Russian air strikes.\14\
---------------------------------------------------------------------------

    \13\ Ukraine: Russian Invasion Causing Widespread Suffering for 
Civilians, Accountability for Apparent War Crimes, Other Abuses 
Crucial, Human Rights Watch (HRW), available at https://www.hrw.org/news/2023/01/12/ukraine-russian-invasion-causing-widespread-suffering-civilians (last visited Mar. 24, 2023).
    \14\ PM Shmyhal: Sum of infrastructure damages has reached 
$104B, Ukrinform, June 18, 2022, available at https://www.ukrinform.net/rubric-economy/3509806-pm-shmyhal-sum-of-infrastructure-damages-has-reached-104b.html (last visited Apr. 10, 
2023).
---------------------------------------------------------------------------

    According to research from the Kyiv School of Economics, Russia's 
full-scale invasion of Ukraine has caused $108.3 billion in damage to 
the country's infrastructure, with the minimum recovery cost estimated 
to be well over $180 billion.\15\ Additionally, Russia's full-scale 
invasion continues to disrupt the global supply of commodities and has 
sharply increased food and energy prices across the globe, further 
challenging global economic recovery tactics from the COVID-19 
pandemic.\16\ While Ukraine continues to confront this crisis, many 
persons in Ukraine continue to have limited access to safety, 
healthcare, food, water, and economic opportunity.
---------------------------------------------------------------------------

    \15\ The total amount of documented damages has reached $108.3 
billion, minimum recovery needs for destroyed assets--$185 billion, 
Kyiv School of Economics, Aug. 2, 2022, available at https://kse.ua/about-the-school/news/the-total-amount-of-documented-damages-has-reached-108-3-billion-minimum-recovery-needs-for-destroyed-assets-185-billion/ (last visited Mar. 24, 2023).
    \16\ Assessing the Impact of Russia's War against Ukraine on 
Eastern Partner Countries, Organisation for Economic Cooperation and 
Development (OECD), Jan. 21, 2023, available at https://www.oecd-ilibrary.org/sites/946a936c-en/index.html?itemId=/content/publication/946a936c-en (last visited Apr. 12, 2023).
---------------------------------------------------------------------------

Population Harmed

    Since the start of Russia's full-scale invasion of Ukraine in 2022, 
the armed conflict has significantly impacted the civilian 
population.\17\ The Office of the UN High Commissioner for Human Rights 
(OHCHR) has recorded 22,734 civilian casualties in the country: 8,490 
killed and 14,244 injured.\18\ OHCHR further stated that the majority 
of the recorded civilian casualties were caused by explosive weapons 
with wide area effects, including shelling from heavy artillery, 
multiple launch rocket systems, missiles, and air strikes.\19\ The U.S. 
Department of State's 2022 Country Report on Human Rights Practices in 
Ukraine detailed that Russia's forces continue to mine roads, streets, 
fields, urban structures such as hospitals and civic centers, as well 
as household objects.\20\
---------------------------------------------------------------------------

    \17\ Ukraine: Russian Invasion Causing Widespread Suffering for 
Civilians Accountability for Apparent War Crimes, Other Abuses 
Crucial, Human Rights Watch, Jan. 12, 2023, available at https://www.hrw.org/news/2023/01/12/ukraine-russian-invasion-causing-widespread-suffering-civilians (last visited on Apr. 17, 2023).
    \18\ Ukraine: civilian casualty update, United Nations Human 
Rights Office of High Commissioner (OHCHR), Apr. 10, 2023, available 
at https://www.ohchr.org/en/news/2023/04/ukraine-civilian-casualty-update-10-april-2023 (last visited Apr. 12, 2023).
    \19\ Ukraine: civilian casualty update, OHCHR, Apr. 10, 2023, 
available at https://www.ohchr.org/en/news/2023/04/ukraine-civilian-casualty-update-10-april-2023 (last visited Apr. 12, 2023).
    \20\ U.S. Dep't of State, 2022 Country Reports on Human Rights 
Practices: Ukraine, available at https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/ukraine/ (last visited 
Apr. 12, 2023).
---------------------------------------------------------------------------

    The Organization for Security and Co-operation in Europe (OSCE) 
stated on February 24, 2023, that the magnitude of the destruction 
across Ukraine is massive. Thousands of Ukrainians have died, and 
millions have been forced to flee their homes.
    The UNOCHA (OCHA) issued the Humanitarian Needs Overview 2023 
report, which reviews the impact of Landmines/Explosive Remnants of War 
(ERW). The report concluded that an estimated 25 percent of Ukraine's 
land area has been exposed to armed conflict activity since February 
2022. The report also estimated that over 250,000 explosive devices 
have been removed and destroyed since March 2022, with millions more 
yet to be removed.\21\
---------------------------------------------------------------------------

    \21\ Report on the Human Rights Situation in Ukraine, OHCHR, 
Mar. 24, 2023, available at https://reliefweb.int/report/ukraine/ukraine-humanitarian-needs-overview-2023-december-2022-enuk (last 
visited August 3, 2023).
---------------------------------------------------------------------------

    Russia's full-scale invasion of Ukraine continues to place 
civilians at substantial risk of physical harm, leaving many stranded 
or unable to flee Ukraine due to rising violence, the damage and 
destruction of bridges and roads, and lack of resources or information 
on where to find safety and shelter.\22\
---------------------------------------------------------------------------

    \22\ War in Ukraine One Year On, Nowhere Safe, The Armed 
Conflict Location & Event Data Project (ACLED), Mar. 1, 2023, 
available at https://acleddata.com/2023/03/01/war-in-ukraine-one-year-on-nowhere-safe/ (last visited Apr. 13, 2023).
---------------------------------------------------------------------------

    As of August 8, 2023, approximately 2,425 F-1 nonimmigrant students 
from Ukraine are enrolled at SEVP-certified academic institutions in 
the United States. Given the extent of the current armed conflict in 
Ukraine, affected students whose primary means of financial support 
comes from Ukraine may need to be exempt from the normal student 
employment requirements to continue their studies in the United States. 
The current armed conflict has made it unfeasible for many students to 
safely return to Ukraine 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

[[Page 56854]]

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 Ukrainian citizen, 
regardless of country of birth (or an individual having no nationality 
who last habitually resided in Ukraine), who already has on-campus or 
off-campus employment authorization and is otherwise eligible may 
benefit under this notice, which suspends certain regulatory 
requirements relating to the minimum course load requirement under 8 
CFR 214.2(f)(6)(i) and certain employment eligibility requirements 
under 8 CFR 214.2(f)(9). Such an eligible F-1 nonimmigrant student may 
benefit without having to apply for a new Form I-766, Employment 
Authorization Document (EAD). To benefit from this notice, the F-1 
nonimmigrant student must request that their designated school official 
(DSO) enter the following statement in the remarks field of the 
student's Student and Exchange Visitor Information System (SEVIS) 
record, which the student's Form I-20, Certificate of Eligibility for 
Nonimmigrant (F-1) Student Status, will reflect:
    Approved for more than 20 hours per week of [DSO must insert ``on-
campus'' or ``off-campus,'' depending upon the type of employment 
authorization the student already has] employment authorization and 
reduced course load under the Special Student Relief authorization from 
[DSO must insert the beginning date of the notice or the beginning date 
of the student's employment, whichever date is later] until [DSO must 
insert either the student's program end date, the current EAD 
expiration date (if the student is currently authorized for off-campus 
employment), or the end date of this notice, whichever date comes 
first].\23\
---------------------------------------------------------------------------

    \23\ 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.
---------------------------------------------------------------------------

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'' \24\ 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.
---------------------------------------------------------------------------

    \24\ See 8 CFR 214.2(f)(6).
---------------------------------------------------------------------------

Will an F-2 dependent (spouse or minor child) of an F-1 nonimmigrant 
student covered by this notice be eligible for employment 
authorization?

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

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

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

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 Ukraine 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

[[Page 56855]]

attendance per week prescribed by the academic institution for normal 
progress toward graduation, as required under 8 CFR 214.2(f)(6)(i)(E). 
The suspension of certain regulatory requirements related to employment 
through this notice is applicable to all eligible F-1 nonimmigrant 
students regardless of educational level. Eligible F-1 nonimmigrant 
students from Ukraine 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].\25\
---------------------------------------------------------------------------

    \25\ 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 
armed conflict in Ukraine. An F-1 nonimmigrant student authorized by 
the DSO to engage in on-campus employment by means of this notice does 
not need to file any applications with U.S. Citizenship and Immigration 
Services (USCIS). The standard rules permitting full-time employment 
on-campus when school is not in session or during school vacations 
apply, as described in 8 CFR 214.2(f)(9)(i).

Will an F-1 nonimmigrant student who receives on-campus employment 
authorization under this notice have authorization to reduce the normal 
course load and still maintain his or her F-1 nonimmigrant student 
status?

    Yes. DHS will deem an F-1 nonimmigrant student who receives on-
campus employment authorization under this notice to be engaged in a 
``full course of study'' \26\ 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.\27\
---------------------------------------------------------------------------

    \26\ See 8 CFR 214.2(f)(6).
    \27\ 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.
---------------------------------------------------------------------------

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'' \28\ 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). 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.\29\
---------------------------------------------------------------------------

    \28\ See 8 CFR 214.2(f)(6).
    \29\ 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 armed conflict in Ukraine.\30\ Filing instructions are 
located at https://www.uscis.gov/i-765.
---------------------------------------------------------------------------

    \30\ 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-

[[Page 56856]]

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 armed conflict 
in Ukraine.
    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].\31\
---------------------------------------------------------------------------

    \31\ 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'' \32\ at the time of the request 
for employment authorization;
---------------------------------------------------------------------------

    \32\ See 8 CFR 214.2(f)(6).
---------------------------------------------------------------------------

    (b) The F-1 nonimmigrant student is a citizen of Ukraine, 
regardless of country of birth (or an individual having no nationality 
who last habitually resided in Ukraine), and is experiencing severe 
economic hardship as a direct result of the current armed conflict in 
Ukraine, as documented on the Form I-20;
    (c) The F-1 nonimmigrant student has confirmed that the student 
will comply with the reduced course load requirements of this notice 
and register for the duration of the authorized employment for a 
minimum of six semester or quarter hours of instruction per academic 
term if at the undergraduate level, or for a minimum of three semester 
or quarter hours of instruction per academic term if the student is at 
the graduate level,\33\ and
---------------------------------------------------------------------------

    \33\ 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 
armed conflict in Ukraine.
    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.'' \34\ Failure to include this notation may 
result in significant processing delays.
---------------------------------------------------------------------------

    \34\ 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,\35\ under this notice has two options.
---------------------------------------------------------------------------

    \35\ 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 
Ukraine 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 Ukraine 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, so long as the F-1 nonimmigrant 
student maintains the minimum course load described in

[[Page 56857]]

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'' \36\ 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).
---------------------------------------------------------------------------

    \36\ 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 armed conflict in Ukraine. 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 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,\37\ to 
eligible F-1 nonimmigrant students. DHS will continue to monitor the 
situation in Ukraine. Should the special provisions authorized by this 
notice need modification or extension, DHS will announce such changes 
in the Federal Register.
---------------------------------------------------------------------------

    \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 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 armed conflict in Ukraine 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. 2023-17872 Filed 8-18-23; 8:45 am]
BILLING CODE 9111-28-P