[Federal Register Volume 89, Number 19 (Monday, January 29, 2024)]
[Notices]
[Pages 5557-5562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01762]
[[Page 5557]]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Immigration and Customs Enforcement
[Docket No. ICEB-2023-0017]
RIN 1653-ZA45
Employment Authorization for Syrian F-1 Nonimmigrant Students
Experiencing Severe Economic Hardship as a Direct Result of the Current
Armed Conflict and Current Humanitarian Crisis in Syria
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 Syria, regardless
of country of birth (or individuals having no nationality who last
habitually resided in Syria), and who are experiencing severe economic
hardship as a direct result of the current armed conflict and current
humanitarian crisis in Syria. The Secretary is taking action to provide
relief to these Syrian students who are in lawful F-1 nonimmigrant
student status, so the students may request employment authorization,
work an increased number of hours while school is in session, and
reduce their course load while continuing to maintain their F-1
nonimmigrant student status. The U.S. Department of Homeland Security
(DHS) will deem an F-1 nonimmigrant student granted employment
authorization by means of this notice to be engaged in a ``full course
of study'' for the duration of the employment authorization, if the
nonimmigrant student satisfies the minimum course load requirement
described in this notice.
DATES: This action is effective April 1, 2024, through September 30,
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 Syria regardless of country of birth (or
individuals having no nationality who last habitually resided in
Syria), who are present in the United States in lawful F-1 nonimmigrant
student status on the date of publication of this notice, and who are
experiencing severe economic hardship as a direct result of the current
armed conflict and current humanitarian crisis in Syria. The original
notice, which applied to F-1 nonimmigrant students who met certain
criteria, including having been lawfully present in the United States
in F-1 nonimmigrant status on April 3, 2012, was effective from April
3, 2012, through October 3, 2013. See 77 FR 20038 (Apr. 3, 2012). A
subsequent notice provided for an extension, effective from October 3,
2013, through March 31, 2015. See 78 FR 36211 (June 17, 2013). A third
notice provided another extension, effective from March 31, 2015,
through September 30, 2016. See 80 FR 232 (Jan. 5, 2015). A fourth
notice provided another extension, effective from September 30, 2016,
through March 31, 2018, and expanded the applicability of such
suspension to Syrian F-1 nonimmigrant students who were in lawful F-1
nonimmigrant student status between April 3, 2012, and September 9,
2016. See 81 FR 62520 (Sept. 9, 2016). A fifth notice provided another
extension, effective from March 31, 2018, through September 30, 2019.
See 83 FR 11553 (Mar. 15, 2018). A sixth notice was provided, effective
from April 22, 2021, through September 30, 2022. See 86 FR 21333 (Apr.
22, 2021). A seventh notice was provided, effective from October 1,
2022, through April 1, 2024. See 87 FR 46975 (Aug. 1, 2022). Effective
with this publication, suspension of the employment limitations is
available through September 30, 2025, for those who are in lawful F-1
nonimmigrant status on the date of publication of this notice. DHS will
deem an F-1 nonimmigrant student granted employment authorization
through this notice to be engaged in a ``full course of study'' for the
duration of the employment authorization, if the student satisfies the
minimum course load set forth in this notice.\1\ See 8 CFR
214.2(f)(6)(i)(F).
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\1\ Because the suspension of requirements under this notice
applies throughout an academic term during which the suspension is
in effect, DHS considers an F-1 nonimmigrant student who engages in
a reduced course load or employment (or both) after this notice is
effective to be engaging in a ``full course of study,'' see 8 CFR
214.2(f)(6), and eligible for employment authorization, through the
end of any academic term for which such student is matriculated as
of September 30, 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 Syria regardless of country of birth (or an
individual having no nationality who last habitually resided in Syria);
(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 current humanitarian crisis in Syria.
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 Syrian F-1 nonimmigrant
students experiencing severe economic hardship due to the current armed
conflict and current humanitarian crisis in Syria. Based on its review
of country conditions in Syria and input received from the U.S.
Department of State (DOS), DHS is taking action to allow eligible F-1
nonimmigrant students from Syria 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.
Increased violent conflict poses substantial risk to Syrians
throughout
[[Page 5558]]
the country. The Syrian people remain subjected to conflict with no end
in sight. Roughly 550,000 people have been killed as a result of the
violence since the start of the Syrian conflict in 2011.\2\ From
January to December of 2022, 1,057 civilians, including 251 children
and at least 158 women, died due to continued conflict.\3\ Syria is the
third least peaceful country according to the 2023 Global Peace
Index.\4\ Concerns for health and safety have led to massive civilian
displacement within Syria as well as large-scale migration to
neighboring countries and Europe, creating the largest influx of
refugees into Europe since World War II.\5\ Continued economic
concerns, internal conflict, and humanitarian concerns have created a
severe, and worsening, humanitarian crisis that includes large scale
population displacement.\6\
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\2\ 2022 Country Reports on Human Rights Practices: Syria, U.S.
Dept. of State, 2022, available at https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/syria/ (last visited
Dec. 7, 2023).
\3\ Id.
\4\ Global Peace Index 2023, The Institute for Economics and
Peace, June 2023, available at https://www.economicsandpeace.org/wp-content/uploads/2023/06/GPI-2023-Web.pdf (last visited Oct. 10,
2023).
\5\ A visual guide to 75 years of major refugee crises around
the world, The Washington Post, Dec. 21, 2015, available at https://www.washingtonpost.com/graphics/world/historical-migrant-crisis/
(last visited Sept. 27, 2023).
\6\ 2023 Humanitarian Needs Overview: Syrian Arab Republic,
UNOCHA, Dec. 2022, available at https://www.humanitarianresponse.info/sites/www.humanitarianresponse.info/files/documents/files/hno_2023-rev-1.12_1.pdf (last visited Oct. 10,
2023).
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Economic Concerns
The Syrian economy has been devastated by years of conflict, the
February 6, 2023 earthquake, the financial crisis in Lebanon, and
government corruption.\7\ The devaluation of the currency has put the
value of the Syrian pound at an all-time low.\8\ The effects of the
currency devaluation has greatly impacted ordinary citizens' access to
basic needs such as food, fuel and medication.\9\ The outlook for the
future of the Syrian economy has been grim, even before the
Kahramanmara[scedil] earthquake on February 6, 2023. Additionally, the
World Bank predicted that Syria's real GDP would contract by 5.5
percent in 2023,\10\ based on rising costs of food and fuel, combined
with myriad uncertainties including domestic conflict, damaged
healthcare infrastructure, and a declining agricultural sector.\11\
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\7\ Syria Economic Monitor Winter 2022/2023, The World Bank,
March 17, 2023, available at https://www.worldbank.org/en/country/
syria/publication/syria-economic-monitor-winter-2022-
2023#:~:text=Subject%20to%20high%20uncertainty%2C%20real,3.5%20percen
t%20decline%20in%20202 (last visited Sept. 27, 2023).
\8\ Danny Makki, Syria's economic freefall continues despite
Arab League return, The Middle East Institute, Aug. 16, 2023,
available at https://www.mei.edu/publications/syrias-economic-freefall-continues-despite-arab-league-return (last visited Sept.
27, 2023).
\9\ Id.
\10\ Earthquake undermines Syria's Economic Outlook, Compounding
Dire Socio-Economic Conditions, and Internal Displacement, The World
Bank, March 17, 2023 Syria Economic Monitor Winter 2022/2023, The
World Bank, March 17, 2023, available at https://www.worldbank.org/en/news/press-release/2023/03/17/earthquake-undermines-syria-s-economic-outlook-compounding-dire-socio-economic-conditions-and-internal-displacement (last visited Sept. 27, 2023).
\11\ Syria Economic Monitor Winter 2022/2023, The World Bank,
March 17, 2023 available at https://www.worldbank.org/en/country/
syria/publication/syria-economic-monitor-winter-2022-
2023#:~:text=Subject%20to%20high%20uncertainty%2C%20real,3.5%20percen
t%20decline%20in%20202 (last visited Sept. 27, 2023).
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Internal Conflict
Security conditions remain dire for civilians in Syria and ``[i]n
2022, Syria remain[ed] the third least peaceful country in the world
according to the Global Peace Index (GPI). Ongoing hostilities,
including artillery shelling, air strikes and land mines, continue to
threaten the lives of civilians and hamper humanitarian activities.''
Northwest Syria continues to see an uptick in conflict with recent
ongoing regime and Russian airstrikes and retaliatory attacks.
Civilians and civilian infrastructure are commonly the subjects of
artillery shelling, especially in Idlib governorate. Additionally,
civilians in the northwest Syria continue to face harm, especially
those who run afoul of armed groups like U.S.-designated terrorist
organization Hay'at Tahrir al-Sham (HTS) in Idlib.
Continued conflict persists in government-controlled regions of
Syria, with the Syrian Arab Air Force conducting frequent airstrikes.
Central Syria also suffers from a power vacuum despite being nominally
under government control. ISIS has exploited the minimal government
presence in the area, conducting multiple attacks against civilians in
the spring of 2023, including a massacre of 53 people on February 17,
2023.\12\
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\12\ Report of the Independent International Commission of
Inquiry on the Syrian Arab Republic, United Nations General Assembly
Human Rights Council, Aug. 14, 2023, available at https://documents-dds-ny.un.org/doc/UNDOC/GEN/G23/155/49/PDF/G2315549.pdf?OpenElement
(last visited Sept. 27, 2023).
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Humanitarian Concerns
As the civil conflict in Syria continues into its 13th year, the
number of people in Syria in need of humanitarian assistance has
increased from 14.6 to 15.3 million since 2022.13 14
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\13\ 2022 Humanitarian Needs Overview: Syrian Arab Republic,
UNOCHA, Feb. 22, 2022, available at https://reliefweb.int/report/syrian-arab-republic/2022-humanitarian-needs-overview-syrian-arab-republic-february-2022 (last visited Sept. 27, 2023).
\14\ Syria--Complex Emergency Fact Sheet #8, Fiscal Year 2023,
USAID, Aug. 16, 2023, available at https://reliefweb.int/report/syrian-arab-republic/syria-complex-emergency-fact-sheet-8-fiscal-year-fy-2023 (last visited Sept. 27, 2023).
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Additionally, northern Syria was subject to a deadly earthquake in
February 2023, in which 8,476 people lost their lives.\15\ The United
Nations High Commissioner for Refugees (UNHCR) reports 5,183,140 Syrian
refugees in neighboring countries,\16\ and 6.8 million people
internally displaced (IDPs) within Syria.\17\ The conflict has resulted
in high levels of food insecurity, limited access to water and medical
care, and large-scale destruction of Syria's infrastructure, which was
only exacerbated by the earthquake in February 2023.\18\ Additionally,
credible reports of indiscriminate killing and deliberate targeting of
civilians, as well as forced conscription and use of child soldiers has
intensified the humanitarian crisis in Syria since the start of
2022.\19\
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\15\ Devastating Earthquakes in Southern T[uuml]rkiye and
Northern Syria, Situation Report 20, International Blue Crescent
Relief and Development Foundation, May 19, 2023, available at
https://reliefweb.int/report/turkiye/devastating-earthquakes-southern-turkiye-and-northern-syria-18-may-2023-situation-report-23-entr.
\16\ Situation Syria Regional Refugee Response, UNHCR, available
at https://data2.unhcr.org/en/situations/syria, Oct. 5, 2023, (last
visited Sept. 27, 2023).
\17\ Syria--Complex Emergency Fact Sheet #8, Fiscal Year 2023,
Aug. 16, 2023, available at https://reliefweb.int/report/syrian-arab-republic/syria-complex-emergency-fact-sheet-8-fiscal-year-fy-2023 (last visited Sept. 27, 2023).
\18\ Syria Earthquake 2023 Rapid Damage and Needs Assessment
(RDNA), The World Bank, March 1, 2023, available at https://documents.worldbank.org/en/publication/documents-reports/documentdetail/099093003162314369/p1721710e2b4a60b40a5940f0793f8a0d24 (last visited Sept. 27, 2023).
\19\ 2023 Humanitarian Needs Overview: Syrian Arab Republic,
UNOCHA, Dec. 2022, available at https://www.humanitarianresponse.info/sites/www.humanitarianresponse.info/files/documents/files/hno_2023-rev-1.12_1.pdf
(humanitarianresponse.info) (last visited Oct. 10, 2023).
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As of December 8, 2023, approximately 349 F-1 nonimmigrant students
from Syria are enrolled at SEVP-certified academic institutions in the
United States. Given the extent of the current armed conflict and
current humanitarian crisis in Syria, affected students whose primary
means of financial support comes from Syria may need to be exempt from
the normal student employment requirements to
[[Page 5559]]
continue their studies in the United States. The current armed conflict
and current humanitarian crisis has made it unfeasible for many
students to safely return to Syria for the foreseeable future. Without
employment authorization, these students may lack the means to meet
basic living expenses.
What is the minimum course load requirement to maintain valid F-1
nonimmigrant status under this notice?
Undergraduate F-1 nonimmigrant students who receive on-campus or
off-campus employment authorization under this notice must remain
registered for a minimum of six semester or quarter hours of
instruction per academic term. Undergraduate F-1 nonimmigrant students
enrolled in a term of different duration must register for at least one
half of the credit hours normally required under a ``full course of
study.'' See 8 CFR 214.2(f)(6)(i)(B) and (F). A graduate-level F-1
nonimmigrant student who receives on-campus or off-campus employment
authorization under this notice must remain registered for a minimum of
three semester or quarter hours of instruction per academic term. See 8
CFR 214.2(f)(5)(v). Nothing in this notice affects the applicability of
other minimum course load requirements set by the academic institution.
In addition, an F-1 nonimmigrant student (either undergraduate or
graduate) granted on-campus or off-campus employment authorization
under this notice may count up to the equivalent of one class or three
credits per session, term, semester, trimester, or quarter of online or
distance education toward satisfying this minimum course load
requirement, unless their course of study is in an English language
study program. See 8 CFR 214.2(f)(6)(i)(G). An F-1 nonimmigrant student
attending an approved private school in kindergarten through grade 12
or public school in grades 9 through 12 must maintain ``class
attendance for not less than the minimum number of hours a week
prescribed by the school for normal progress toward graduation,'' as
required under 8 CFR 214.2(f)(6)(i)(E). Nothing in this notice affects
the applicability of federal and state labor laws limiting the
employment of minors.
May an eligible F-1 nonimmigrant student who already has on-campus or
off-campus employment authorization benefit from the suspension of
regulatory requirements under this notice?
Yes. An F-1 nonimmigrant student who is a Syrian citizen,
regardless of country of birth (or an individual having no nationality
who last habitually resided in Syria), 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].\20\
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\20\ 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 Sept. 30, 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'' \21\ 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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\21\ 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 8
CFR 214.2(f)(15)(i).
Will the suspension of the applicability of the standard student
employment requirements apply to an individual who receives an initial
F-1 visa and makes an initial entry into the United States after the
effective date of this notice in the Federal Register?
No. The suspension of the applicability of the standard regulatory
requirements only applies to certain F-1 nonimmigrant students who meet
the following conditions:
(1) Are a citizen of Syria regardless of country of birth (or an
individual having no nationality who last habitually resided in Syria);
(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 current humanitarian crisis in Syria.
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
current humanitarian crisis in Syria).
[[Page 5560]]
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 Syria enrolled in
kindergarten through grade 12 at a private school, or grades 9 through
12 at a public high school. Such students must maintain the minimum
number of hours of class attendance per week prescribed by the academic
institution for normal progress toward graduation, as required under
8CFR214.2(f)(6)(i)(E). The suspension of certain regulatory
requirements related to employment through this notice is applicable to
all eligible F-1 nonimmigrant students regardless of educational level.
Eligible F-1 nonimmigrant students from Syria 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].\22\
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\22\ 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 Sept. 30, 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 current humanitarian crisis in Syria. 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'' \23\ 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.\24\
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\23\ See 8 CFR 214.2(f)(6).
\24\ 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'' \25\ for the purpose of maintaining F-1
nonimmigrant student status for the duration of the student's
employment authorization if the student satisfies the minimum course
load requirement described in this notice, consistent with 8 CFR
214.2(f)(6)(i)(F). The authorization for a reduced course load is
solely for DHS purposes of determining valid F-1 nonimmigrant student
status. Nothing in this notice mandates that school officials allow an
F-1 nonimmigrant student to take a reduced course load if such reduced
course load would not meet the school's minimum course load
requirement.\26\
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\25\ See 8 CFR 214.2(f)(6).
\26\ 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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[[Page 5561]]
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 current humanitarian crisis in
Syria.\27\ Filing instructions are located at https://www.uscis.gov/i-765.
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\27\ 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-
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 current humanitarian crisis in Syria.
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].\28\
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\28\ 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 Sept. 30, 2025, provided the student satisfies the minimum course
load requirements in this notice.
The F-1 nonimmigrant student must then file the properly endorsed
Form I-20 and Form I-765 according to the instructions for the Form I-
765. The F-1 nonimmigrant student may begin working off campus only
upon receipt of the EAD from USCIS.
DSO recommendation. In making a recommendation that an F-1
nonimmigrant student be approved for Special Student Relief, the DSO
certifies that:
(a) The F-1 nonimmigrant student is in good academic standing and
is carrying a ``full course of study'' \29\ at the time of the request
for employment authorization;
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\29\ See 8 CFR 214.2(f)(6).
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(b) The F-1 nonimmigrant student is a citizen of Syria, regardless
of country of birth (or an individual having no nationality who last
habitually resided in Syria), and is experiencing severe economic
hardship as a direct result of the current armed conflict and current
humanitarian crisis in Syria, 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; \30\ and
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\30\ 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 current humanitarian crisis in Syria.
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.'' \31\ Failure to include this notation may
result in significant processing delays.
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\31\ 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,\32\ under this notice has two options.
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\32\ See DHS Study in the States, Special Student Relief,
https://studyinthestates.dhs.gov/students/special-student-relief
(last visited Oct. 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 Syria
for TPS elsewhere in this issue of the Federal Register. All TPS
applicants must file a Form I-821, Application for Temporary Protected
Status, with the appropriate fee (or request a fee waiver). Although
not required to do so, if F-1 nonimmigrant students want to obtain a
new TPS-related EAD that is valid through September 30, 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
[[Page 5562]]
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 Syria for TPS. If the F-1
nonimmigrant student has already applied for employment authorization
under Special Student Relief, they are not required to submit the Form
I-765 as part of the TPS application. However, some nonimmigrant
students may wish to obtain a TPS-related EAD in light of certain
extensions that may be available to EADs with an A-12 or C-19 category
code that are not available to the C-3 category under which Special
Student Relief falls. The F-1 nonimmigrant student should check the
appropriate box when filling out Form I-821 to indicate whether a TPS-
related EAD is being requested. Again, as long as the F-1 nonimmigrant
student maintains the minimum course load described in this notice and
does not otherwise violate the student's nonimmigrant status, included
as provided under 8 CFR 214.1(g), the nonimmigrant will be able to
maintain compliance requirements for F-1 nonimmigrant student status
while having TPS.
When a student applies simultaneously for TPS and benefits under this
notice, what is the minimum course load requirement while an
application for employment authorization is pending?
The F-1 nonimmigrant student must maintain normal course load
requirements for a ``full course of study'' \33\ 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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\33\ 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 current
humanitarian crisis in Syria. 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 September 30, 2025,\34\
to eligible F-1 nonimmigrant students. DHS will continue to monitor the
situation in Syria. 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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\34\ 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 Sept. 30, 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 current humanitarian crisis in Syria 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 Number 1615-0040). Although there
will be a slight increase in the number of Form I-765 filings because
of this notice, the number of filings currently contained in the OMB
annual inventory for Form I-765 is sufficient to cover the additional
filings. Accordingly, there is no further action required under the
PRA.
Alejandro Mayorkas,
Secretary, U.S. Department of Homeland Security.
[FR Doc. 2024-01762 Filed 1-26-24; 8:45 am]
BILLING CODE 9111-28-P