[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