[Federal Register Volume 88, Number 171 (Wednesday, September 6, 2023)]
[Notices]
[Pages 60965-60971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19320]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Immigration and Customs Enforcement
[Docket No. ICEB-2023-0005]
RIN 1653-ZA41
Employment Authorization for South Sudanese F-1 Nonimmigrant
Students Experiencing Severe Economic Hardship as a Direct Result of
the Current Armed Conflict and Humanitarian Crisis in South 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 South Sudan,
regardless of country of birth (or individuals having no nationality
who last habitually resided in South Sudan), and who are experiencing
severe economic hardship as a direct result of the current armed
conflict and humanitarian crisis in South Sudan. The Secretary is
taking action to provide relief to these South Sudanese students who
are in lawful F-1 nonimmigrant students 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 November 4, 2023, through May 3, 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 South Sudan regardless of country of birth
(or individuals having no nationality who last habitually resided in
South 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
current armed conflict and humanitarian crisis in South Sudan. The
original notice, which suspended certain regulatory requirements for F-
1 nonimmigrant students experiencing severe economic hardship as a
direct result of the humanitarian crisis at that time is effective from
March 3, 2022, through November 3, 2023. See 87 FR 12182 (Mar. 3,
2022). Effective with this publication, suspension of the employment
limitations is available through May 3, 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
[[Page 60966]]
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 May 3, 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 South Sudan regardless of country of birth (or
an individual having no nationality who last habitually resided in
South 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 armed conflict and humanitarian crisis in South 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 South Sudanese F-1
nonimmigrant students experiencing severe economic hardship due to the
current armed conflict and humanitarian crisis in South Sudan. Based on
its review of country conditions in South Sudan and input received from
the U.S. Department of State (DOS), DHS is taking action to allow
eligible F-1 nonimmigrant students from South 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.
Despite the 2022 extension of a peace agreement by various parties,
South Sudan remains plagued by conflict both among non-signatories to
the peace agreement and between groups that are ostensibly at peace
with one another.\2\ Violence linked to ongoing armed conflict has
resulted in civilian casualties, a dire humanitarian situation, rampant
disease, frequent gender-based violence, and food insecurity, made
worse by disastrous floods. All of which continues to threaten the
safety of potential returnees throughout the country.
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\2\ South Sudan Government Opposition Re-Commit Peace Deal,
Reuters, Apr. 4, 2022, available at https://www.reuters.com/world/
africa/south-sudan-government-opposition-re-commit-peace-deal-2022-
04-04/
#:~:text=At%20a%20signing%20ceremony%20on%20Sunday%20evening%20attend
ed,a%20unified%20command%20structure%20in%20the%20next%20week (last
visited June 15, 2023).
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Armed Conflict
A principal driver of armed conflict in South Sudan has long been
the rivalry between President Silva Kiir and First Vice President Riek
Machar, as well as their various supporters and aligned armed
groups.3 4 In spite of the 2018 peace agreement that
established the current transitional government--and to which President
Kiir and Vice President Machar were the main signatories--South Sudan
frequently faces violent political contestations, and lacks a stable
government, which has facilitated ongoing violence that is
characterized by gross human rights violations that consistently target
civilians and cause mass displacements in various parts of the
country.\5\
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\3\ Kiir leads the ruling Sudan People's Liberation Movement
(SPLM). Machar is associated with the Sudan People's Liberation
Movement--In Opposition (SPLM-IO) but contends that he has not
formally left the SPLM. Infighting Brings New Split in South Sudan's
Ruling Party, VOA News, Oct. 28, 2022, available at https://www.voanews.com/a/infighting-brings-new-split-in-south-sudan-s-ruling-party/6809882.html (last visited May 19, 2023).
\4\ South Sudan's Splintered Opposition: Preventing More
Conflict, International Crisis Group, Feb. 25, 2022, available at
https://www.crisisgroup.org/africa/horn-africa/south-sudan/south-sudans-splintered-opposition-preventing-more-conflict (last visited
May 19, 2023).
\5\ U.N. Human Rights Council, Report of the Commission on Human
Rights in South Sudan, 3, U.N. Doc. A/HRC/52/26 (Jan. 31, 2023),
available at https://www.ohchr.org/sites/default/files/documents/hrbodies/hrcouncil/sessions-regular/session52/A-HRC-52-26-AdvanceEditedVersion.pdf (last visited July 20, 2023).
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Multiple parties are responsible for committing crimes and abuses
across South Sudan, such as security and opposition forces, non-
signatories to the 2022 peace agreement, and civilians.\6\ Government
forces have reportedly engaged in collective punishment of civilians
perceived to be opposition supporters, an assumption often based on
ethnicity.\7\ Delays in implementing security sector reform and
demobilization of armed groups have contributed to security forces and
ex-combatants exploiting local communities, emboldened by a climate of
impunity.\8\ Members of government and opposition forces, associated
armed militia groups, and ethnic groups have reportedly committed
torture and other abuses in conflict zones.\9\ Additionally, parts of
South Sudan also face simmering ethnic conflict that has resulted in
dire humanitarian consequences, including significant displacement and
human rights abuses, including those involving the killing of
civilians, arbitrary arrests and unjust detentions, looting and
destruction of civilian property, physical abuse, forced recruitment,
and gender-based violence.\10\
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\6\ U.S. Dep't. of State, 2022 Country Reports on Human Rights:
South Sudan, 15 (Mar. 20, 2023), available at https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/south-sudan/
(last visited July 20, 2023).
\7\ 2022 Country Reports on Human Rights: South Sudan, U.S.
Dep't. of State, Mar. 20, 2023, available at https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/south-sudan/
(last visited July 20, 2023).
\8\ Report of the Commission on Human Rights in South Sudan [A/
HRC/52/26], UN Human Rights Council, Jan. 31, 2023, available at
https://www.ohchr.org/sites/default/files/documents/hrbodies/hrcouncil/sessions-regular/session52/A-HRC-52-26-AdvanceEditedVersion.pdf. (last visited July 20, 2023).
\9\ 2022 Country Reports on Human Rights: South Sudan, U.S.
Dep't. of State, Mar. 20, 2023, available at https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/south-sudan/
(last visited July 20, 2023).
\10\ Id.
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Gender-Based Violence and Violence Against Children
Armed conflict has had particularly dire consequences for women and
children. Women and girls have faced increased cases of sexual violence
and harassment, as well as risk of abductions, killings, and threats
from armed forces.\11\ Various parties use gender-based violence as a
conflict tactic, including rape, gang rape, sexual slavery, and forced
marriage.\12\ Impunity for sexual and gender-based
[[Page 60967]]
abuses has continued.\13\ Experts estimate that around 2.8 million
people are at risk of gender-based violence in 2023, constituting a
nine percent increase over the previous year.\14\ Children also remain
at great risk of multiple types of abuse and victimization. The United
Nations has documented many incidents of what the Special
Representative of the Secretary-General for Children and Armed Conflict
has identified as the six ``grave violations'' against children,
including recruitment and use by armed groups; killing and maiming;
rape and other forms of sexual violence; attacks on schools, hospitals,
and protected persons in relation to schools and hospitals.\15\
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\11\ South Sudan Humanitarian Needs Overview 2023, UNOCHA, Nov.
22, 2022, available at https://reliefweb.int/report/south-sudan/south-sudan-humanitarian-needs-overview-2023-november-2022, (last
visited May 19, 2023).
\12\ 2022 Country Reports on Human Rights: South Sudan, U.S.
Dep't. of State, Mar. 20, 2023, available at https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/south-sudan/
(last visited July 20, 2023).
\13\ South Sudan Humanitarian Needs Overview 2023, UNOCHA, Nov.
22, 2022, available at https://reliefweb.int/report/south-sudan/south-sudan-humanitarian-needs-overview-2023-november-2022, (last
visited May 19, 2023).
\14\ Final Report of the Panel of Experts on South Sudan, UN
Security Council [S/2023/294], Apr. 26, 2023, available at https://reliefweb.int/report/south-sudan/final-report-panel-experts-south-sudan-submitted-pursuant-resolution-2633-2022-s2023294-enar, (last
visited May 19, 2023).
\15\ Children and armed conflict in South Sudan, UN Security
Council, Feb. 10, 2023, available at https://unmiss.unmissions.org/sites/default/files/sg_report_on_children_and_armed_conflict_in_south_sudan.pdf, (last
visited May 17, 2023).
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Humanitarian Assistance
As a result of violence and other conditions, an estimated 9.4
million of South Sudan's total population of more than 12 million
people is in need of humanitarian assistance.\16\ Multiple factors
complicate the provision of relief. Armed groups restrict the safe and
effective delivery of assistance, in some cases even harassing or
killing aid workers, engaging in looting, and destroying humanitarian
assets and facilities.\17\ Bureaucratic obstacles and interference
further undermine access.\18\ Additionally, flooding has prevented
physical access to some locations.\19\
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\16\ South Sudan--Complex Emergency Fact Sheet #3. Fiscal Year
2023, U.S. Agency for International Development (USAID), Mar. 31,
2023, available at https://reliefweb.int/report/south-sudan/south-sudan-complex-emergency-fact-sheet-3-fiscal-year-fy-2023 (last
visited May 19, 2023).
\17\ 2022 Country Reports on Human Rights: South Sudan, U.S.
Dep't. of State, Mar. 20, 2023, available at https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/south-sudan/
(last visited July 20, 2023).
\18\ South Sudan Humanitarian Needs Overview 2023, UNOCHA, Nov.
22, 2022, available at https://reliefweb.int/report/south-sudan/south-sudan-humanitarian-needs-overview-2023-november-2022, (last
visited May 19, 2023).
\19\ South Sudan Humanitarian Situation No. 2:1, UNICEF, Feb.
28, 2023, available at https://reliefweb.int/report/south-sudan/unicef-south-sudan-humanitarian-situation-report-no-2-1-28-february-2023, (last visited May 19, 2023).
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Food Insecurity and Disease
Acute food insecurity, ongoing subnational violence, poor
macroeconomic conditions, and severe flooding continue to drive growing
humanitarian needs across South Sudan. Approximately 7.8 million South
Sudanese were projected to face ``Crisis'' levels of acute food
insecurity, or worse, between April and July 2023.\20\ Within this
population, 2.9 million people were projected to face ``Emergency''
levels of acute food security (a level four on the Integrated Food
Security Phase Classification (IPC)), and around 43,000 were expected
to face ``Catastrophe'' levels (a level five on the IPC).'' \21\
Disruption in the agricultural sector has led to a dramatic increase in
food prices, thereby exacerbating food insecurity and intensifying
poverty.\22\ Access to food is also sometimes used as a weapon of
war.\23\
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\20\ South Sudan--Complex Emergency Fact Sheet #3. Fiscal Year
2023, U.S. Agency for International Development (USAID), Mar. 31,
2023, available at https://reliefweb.int/report/south-sudan/south-sudan-complex-emergency-fact-sheet-3-fiscal-year-fy-2023 (last
visited May 19, 2023). The ``Crisis'' level of food security is the
third level on the five level Integrated Food Security Phase
Classification (IPC) scale, which ranges from ``Minimal'' (IPC 1) to
``Famine'' or ``Catastrophe'' (IPC 5).
\21\ South Sudan--Complex Emergency Fact Sheet #3. Fiscal Year
2023, U.S. Agency for International Development (USAID), Mar. 31,
2023, available at https://reliefweb.int/report/south-sudan/south-sudan-complex-emergency-fact-sheet-3-fiscal-year-fy-2023 (last
visited May 19, 2023).
\22\ South Sudan Humanitarian Needs Overview 2023, UNOCHA, Nov.
22, 2022, available at, https://reliefweb.int/report/south-sudan/south-sudan-humanitarian-needs-overview-2023-november-2022, (last
visited May 19, 2023).
\23\ 2022 Country Reports on Human Rights: South Sudan, U.S.
Dep't. of State, Mar. 20, 2023, available at https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/south-sudan/
(last visited July 20, 2023).
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South Sudan is also contending with multiple disease outbreaks.
Flood-affected areas have seen the spread of malaria, diarrhea,
pneumonia, and skin infections, and the lack of clean water and
sanitation suggests that outbreaks of cholera and Hepatitis E are
likely to persist.\24\ There also have been confirmed outbreaks of
measles.\25\ Dozens of health facilities were damaged or relocated due
to flooding, further restricting access to care.\26\
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\24\ South Sudan Humanitarian Needs Overview 2023, UNOCHA, Nov.
22, 2022, https://reliefweb.int/report/south-sudan/south-sudan-humanitarian-needs-overview-2023-november-2022, (last visited May
19, 2023).
\25\ Id.
\26\ Id.
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Environmental Concerns
South Sudan has experienced above normal rainfall for four
consecutive years.\27\ The effects of rain and flooding are widespread,
with the number of people impacted across South Sudan estimated to
exceed one million.\28\ Floods have destroyed crops, homes, schools,
health care centers, and boreholes for water access, and efforts to
provide relief have been stymied by violence, inaccessibility, and gaps
in resources and infrastructure.\29\
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\27\ Id.
\28\ South Sudan: Flooding Situation Report No. 1, UNOCHA, Oct.
12, 2022, available at https://reliefweb.int/report/south-sudan/south-sudan-flooding-situation-report-no-1-31-october-2022, (last
visited May 19, 2023).
\29\ South Sudan: Flooding Situation Report No. 1, UNOCHA, Oct.
12, 2022, available at https://reliefweb.int/report/south-sudan/south-sudan-flooding-situation-report-no-1-31-october-2022, (last
visited May 19, 2023).
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As of August 8, 2023, approximately 130 F-1 nonimmigrant students
from South Sudan are enrolled at SEVP-certified academic institutions
in the United States. Given the extent of the current armed conflict
and humanitarian crisis in South Sudan, affected students whose primary
means of financial support comes from South Sudan may need to be exempt
from the normal student employment requirements to continue their
studies in the United States. The current armed conflict and
humanitarian crisis has made it unfeasible for many students to safely
return to South 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-
[[Page 60968]]
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 South Sudanese citizen,
regardless of country of birth (or an individual having no nationality
who last habitually resided in South 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 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].\30\
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\30\ Because the suspension of requirements under this notice
applies throughout an academic term during which the suspension is
in effect, DHS considers an F-1 nonimmigrant student who engages in
a reduced course load or employment (or both) after this notice is
effective to be engaging in a ``full course of study,'' see 8 CFR
214.2(f)(6), and eligible for employment authorization, through the
end of any academic term for which such student is matriculated as
of May 3, 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'' \31\ 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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\31\ 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 South Sudan regardless of country of birth (or
an individual having no nationality who last habitually resided in
South 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 armed conflict and humanitarian crisis in South 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 armed conflict and
humanitarian crisis in South 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 South 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
[[Page 60969]]
nonimmigrant students from South 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].\32\
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\32\ 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 May 3, 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 and humanitarian crisis in South 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 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'' \33\ 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.\34\
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\33\ See 8 CFR 214.2(f)(6).
\34\ Minimum course load requirement for enrollment in a school
must be established in a publicly available document (e.g., catalog,
website, or operating procedure), and it must be a standard
applicable to all students (U.S. citizens and foreign students)
enrolled at the school.
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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'' \35\ 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.\36\
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\35\ See 8 CFR 214.2(f)(6).
\36\ 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 armed conflict and humanitarian crisis in South Sudan.\37\
Filing instructions are located at https://www.uscis.gov/i-765.
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\37\ See 8 CFR 274a.12(c)(3)(iii).
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Fee considerations. Submission of a Form I-765 currently requires
payment of a $410 fee. An applicant who is unable to pay the fee may
submit a completed Form I-912, Request for Fee Waiver, along with the
Form I-765, Application for Employment Authorization. See 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-
[[Page 60970]]
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
and humanitarian crisis in South 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].\38\
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\38\ 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 May 3, 2025, provided the student satisfies the minimum course
load requirements in this notice.
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The F-1 nonimmigrant student must then file the properly endorsed
Form I-20 and Form I-765 according to the instructions for the Form I-
765. The F-1 nonimmigrant student may begin working off campus only
upon receipt of the 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'' \39\ at the time of the request
for employment authorization;
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\39\ See 8 CFR 214.2(f)(6).
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(b) The F-1 nonimmigrant student is a citizen of South Sudan,
regardless of country of birth (or an individual having no nationality
who last habitually resided in South Sudan), and is experiencing severe
economic hardship as a direct result of the current armed conflict and
humanitarian crisis in South Sudan, 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; \40\ and
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\40\ 8 CFR 214.2(f)(5)(v).
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(d) The off-campus employment is necessary to alleviate severe
economic hardship to the individual as a direct result of the current
armed conflict and humanitarian crisis in South 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.'' \41\ Failure to include this notation may
result in significant processing delays.
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\41\ Guidance for direct filing addresses can be found here:
https://www.uscis.gov/i-765-addresses.
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If USCIS approves the student's Form I-765, USCIS will send the
student a Form I-766 EAD as evidence of employment authorization. The
EAD will contain an expiration date that does not exceed the end of the
granted temporary relief.
Temporary Protected Status (TPS) Considerations
Can an F-1 nonimmigrant student apply for TPS and for benefits under
this notice at the same time?
Yes. An F-1 nonimmigrant student who has not yet applied for TPS or
for other relief that reduces the student's course load per term and
permits an increased number of work hours per week, such as Special
Student Relief,\42\ under this notice has two options.
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\42\ See DHS Study in the States, Special Student Relief,
https://studyinthestates.dhs.gov/students/special-student-relief
(last visited May 10, 2023).
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Under the first option, the F-1 nonimmigrant student may apply for
TPS according to the instructions in the USCIS notice designating South
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 May 3, 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 South 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, so 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.
[[Page 60971]]
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'' \43\ 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).
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\43\ See 8 CFR 214.2(f)(6).
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How does a student who has received a TPS-related EAD then apply for
authorization to take a reduced course load under this notice?
There is no further application process with USCIS if a student has
been approved for a TPS-related EAD. The F-1 nonimmigrant student must
demonstrate and provide documentation to the DSO of the direct economic
hardship resulting from the current armed conflict and humanitarian
crisis in South 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 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 May 3, 2025,\44\ to
eligible F-1 nonimmigrant students. DHS will continue to monitor the
situation in South 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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\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 May 3, 2025, provided the student satisfies the minimum course
load requirements in this notice.
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Paperwork Reduction Act (PRA)
An F-1 nonimmigrant student seeking off-campus employment
authorization due to severe economic hardship resulting from the
current armed conflict and humanitarian crisis in South 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,
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. 2023-19320 Filed 9-5-23; 8:45 am]
BILLING CODE 9111-28-P