[Federal Register Volume 89, Number 73 (Monday, April 15, 2024)]
[Notices]
[Pages 26161-26167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07642]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Immigration and Customs Enforcement
[Docket No. ICEB-2024-0004]
RIN 1653-ZA48
Employment Authorization for Ethiopian F-1 Nonimmigrant Students
Experiencing Severe Economic Hardship as a Direct Result of the Current
Armed Conflict and the Current Humanitarian Crisis in Ethiopia
AGENCY: U.S. Immigration and Customs Enforcement; Department of
Homeland Security.
ACTION: Notice.
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SUMMARY: The Department of Homeland Security is suspending certain
regulatory requirements for F-1 nonimmigrant students from Ethiopia who
are experiencing severe economic hardship as a direct result of the
current armed conflict and the current humanitarian crisis in Ethiopia.
The Secretary is providing relief to these students who are in lawful
F-1 nonimmigrant 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 status.
DATES: This action is effective June 13, 2024, through December 12,
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 Ethiopia regardless of country of birth (or
individuals having no nationality who last habitually resided in
Ethiopia), 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 the current humanitarian crisis in
Ethiopia. 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 December 12,
2022, was effective from December 12, 2022, through June 12, 2024. See
87 FR 76068 (Dec. 12, 2022). Effective with this publication,
suspension of the employment limitations is available through December
12, 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 December 12, 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 Ethiopia regardless of country of birth (or an
individual having no nationality who last habitually resided in
Ethiopia);
(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 the current humanitarian crisis in
Ethiopia.
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
[[Page 26162]]
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 Ethiopian F-1
nonimmigrant students experiencing severe economic hardship due to the
current armed conflict and the current humanitarian crisis in Ethiopia.
Based on its review of country conditions in Ethiopia and input
received from the U.S. Department of State (DOS), DHS is taking action
to allow eligible F-1 nonimmigrant students from Ethiopia to request
employment authorization, work an increased number of hours while
school is in session, and reduce their course load while continuing to
maintain F-1 nonimmigrant student status.
In November 2020, fighting between the Ethiopian National Defense
Forces (ENDF) \2\ and the Tigray People's Liberation Front (TPLF) \3\
resulted in a protracted conflict in the northern Tigray region, and
reports of serious and widespread abuses.\4\ Violence spread to
neighboring Afar and Amhara regions, resulting in ``mass displacement
and a worsening of the humanitarian situation'' in all three
regions.\5\ In November 2022, the Ethiopian federal government and the
TPLF signed the cessation of hostilities agreement (COHA) with the goal
of ensuring ``peace and improved access in Northern Ethiopia regions of
Afar, Amhara, and Tigray.'' \6\ However, in 2023, fighting broke out
between the ENDF and the Fano militia, a non-state militia in Amhara,
and violence elsewhere in Ethiopia has escalated. In addition to the
conflict in Ethiopia, the human rights situation in Ethiopia has
deteriorated in recent months. The humanitarian situation has also
degenerated, partially due to the uptick in armed clashes, as well as
other factors including significant food insecurity, disease, and
internal displacement.
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\2\ The Ethiopian National Defense Force is Ethiopia's military
comprised of an army and air force. ENDF currently has four regional
commands: Northern, Eastern, Western and Southern Commands. Security
situation in Tigray region between 1 March 2020-28 February 2021,
EASO, March 30, 2021, available at https://www.ecoi.net/en/file/local/2048047/2021_03_Q-02_EASO_COI_QUERY_Ethiopia_Tigray.pdf (last
visited on Dec. 13, 2023).
\3\ The TPLF was the ruling party of the Tigray regional
government, and between 1991 through 2018 was the dominant ruling
party in Ethiopia's former coalition government--the Ethiopian
People's Democratic Front (EPRDF). Security situation in Tigray
region between 1 March 2020-28 February 2021, EASO, March 30, 2021,
available at https://www.ecoi.net/en/file/local/2048047/2021_03_Q-02_EASO_COI_QUERY_Ethiopia_Tigray.pdf (last visited on Dec. 13,
2023).
\4\ 2020 Country Reports on Human Rights Practices: Ethiopia,
U.S Department of State, March 30, 2021, available at https://www.state.gov/wp-content/uploads/2021/03/ETHIOPIA-2020-HUMAN-RIGHTS-REPORT.pdf (last visited on Dec. 13, 2023).
\5\ Ethiopia Response to the Tigray Crisis--Situation Report, UN
Population Fund, August 15-31, 2021, available at https://reliefweb.int/sites/reliefweb.int/files/resources/unfpa_extsitrep_15-31_august_tigrayresponse.pdf (last visited on
Dec. 13, 2023).
\6\ Ethiopia: Protection Cluster National Strategy 2023-2025,
Protection Cluster, UNHCR, Nov. 3, 2023, available at https://reliefweb.int/report/ethiopia/ethiopia-protection-cluster-national-strategy-2023-2025 (last visited don Dec. 6, 2023).
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Security Concerns
Despite the COHA and improvements in the northern Tigray region,
violence has continued, or escalated, in other parts of the country.\7\
In the Amhara region, rising insecurity and violence led the Ethiopian
government to declare a state of emergency in August 2023.\8\ In Oromia
in May 2023, clashes between the Ethiopian federal government and Oromo
Liberation Army-Shane (OLA-Shane) \9\ led ``to violence levels
comparable to those throughout 2022.'' \10\ Moreover, in December 2023,
ACLED reported that political violence persisted along the regional
border between the Oromia and Amhara regions.\11\
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\7\ Humanitarian Response Plan Ethiopia, UNOCHA, February 2023,
available at https://humanitarianaction.info/plan/1128/article/ethiopia-hrp-2023#page-title (last visited Feb. 27, 2024).
\8\ UN International Commission of Human Rights Experts on
Ethiopia, UN Human Rights Council, October 3, 2023, available at
https://www.ohchr.org/sites/default/files/documents/hrbodies/hrcouncil/chreetiopia/A-HRC-54-CRP-2.pdf (last visited on Nov. 21,
2023).
\9\ In April 2019, OLA-Shane spilt from the main opposition
group from Oromia, the Oromo Liberation Front ``due to disagreement
over disarming its fighters'' as part of the peace agreements
between the EPP and OLF. EPO Actor Profiles--OLA-Shane, ACLED,
available at https://epo.acleddata.com/actor-profiles/#1622661802591-0e52a034-00f0 (last visited on Dec. 13, 2023).
\10\ Violence Returns to Oromia Despite Attempted Peace Talks,
ACLED-Ethiopia Peace Observatory, May 2023, available at https://epo.acleddata.com/2023/06/22/epo-may-2023-monthly-violence-returns-to-oromia-despite-attempted-peace-talks/ (last visited on Nov. 21,
2023).
\11\ EPO Weekly Report, ACLED, December 6, 2023, available at
https://epo.acleddata.com/2023/12/06/epo-weekly-25-november-1-december-2023/ (last visited on Dec. 6, 2023).
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Humanitarian Concerns
Though the COHA was signed in November 2022, Northern Ethiopia has
faced increasing demands for humanitarian and protection services.\12\
Rising insecurity also led to increased displacement and protection
risks in the Amhara region, and along its regional border with
Tigray.\13\ In October 2023, the International Commission of Human
Rights Experts on Ethiopia (ICHREE) stated that state and non-state
armed groups in Ethiopia had committed human rights violations.\14\
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\12\ Ethiopia Protection Cluster Update, UNHCR, Protection
Cluster, November 9, 2023, available at https://reliefweb.int/report/ethiopia/ethiopia-protection-cluster-update-third-quarter-2023, (last visited on Dec. 6, 2023).
\13\ Id.
\14\ International Commission of Human Rights Experts on
Ethiopia, UN Human Rights Council, October 3, 2023, available at
https://www.ohchr.org/sites/default/files/documents/hrbodies/hrcouncil/chreetiopia/A-HRC-54-CRP-2.pdf (last visited on Nov. 20,
2023).
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In November 2023, the United Nations High Commissioner for Refugees
(UNHCR) assessed that ``children are increasingly resorting to harmful
activities to cope with the situation, including school drop-out, child
marriage, sexual exploitation, begging, child labor and theft.'' \15\
UNHCR further noted that ``children living in the conflict zones lack
adequate access to school, food, health care and other essential
services that meet their specific needs.'' \16\ In addition, in
Benishangul-Gumuz, Oromia, Gambella, and Somali regions, individuals
reportedly face increasing protection needs due to inter-communal
conflict, conflict between government forces and unidentified armed
groups, drought, flooding, and cholera.\17\
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\15\ Ethiopia: Protection Cluster National Strategy 2023-2023,
Protection Cluster, UNHCR, November 3, 2023, available at https://reliefweb.int/report/ethiopia/ethiopia-protection-cluster-national-strategy-2023-2025 (last visited on Dec. 6, 2023).
\16\ Concluding observations on the second periodic report of
Ethiopia, UN International Covenant on Civil and Political Rights,
December 7, 2022, available at https://www.ecoi.net/en/file/local/2083101/G2258918.pdf (last visited on Dec. 13, 2023).
\17\ Ethiopia Protection Cluster Update, UNHCR, Protection
Cluster, November 9, 2023, available at https://reliefweb.int/report/ethiopia/ethiopia-protection-cluster-update-third-quarter-2023 (last visited on Dec. 6, 2023).
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In 2023, food insecurity continued to be a major concern in
Ethiopia due to multiple challenges, including high malnutrition rates,
and recent reports of drought-like conditions.\18\ As of September
2023, ``over 20 million people [are] in urgent need of food assistance
and agriculture support.'' \19\ This figure represents ``an increase of
about 150 percent over the last 5
[[Page 26163]]
years.'' \20\ Additionally, high levels of acute malnutrition of
children under five years of age continued in several regions of the
country.\21\
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\18\ Ethiopia Humanitarian Response Situation, UN Population
Fund, November 30, 2023, available at https://reliefweb.int/report/ethiopia/unfpa-ethiopia-humanitarian-response-situation-report-october-2023, (last visited on Dec. 6, 2023).
\19\ Northern Ethiopia--Public Health Situation Analysis, World
Health Organization, September 22, 2023, available at https://reliefweb.int/report/ethiopia/northern-ethiopia-public-health-situation-analysis-phsa-25-august-2023 (last visited on Dec. 6,
2023).
\20\ Id.
\21\ Ethiopia Acute Food Security, FEWS.NE T, October 2023,
available at https://fews.net/east-africa/ethiopia/food-security-outlook/october2023 (last visited on Dec. 8, 2023).
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Human Rights Concerns
The UNHCR reported in January 2024, that, ``Access for humanitarian
actors remains restricted in locations affected by violence (especially
in Amhara, Oromia, parts of Benishangul Gumuz), while the safety and
security of the civilian population, including IDPs, is
deteriorating.\22\ UNHCR further assessed that, ``in conflict-affected-
areas of Northern Ethiopia and Oromia, and in zones impacted by
recurrent ethnic violence (e.g., along the border between Somali and
Afar regions), civilians face indiscriminate attacks by both state
forces and non-state armed groups.'' \23\ There are also increasing
reports of violations by security forces, including those involving
excessive use of force and extrajudicial killings.\24\ The ICHREE
further noted that ``the Ethiopian Government continues to tolerate and
has failed to hold to account Amhara forces, including fano militia,
who have perpetrated serious violations against Tigrayan women, men and
children, in particular in Western Tigray.'' \25\
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\22\ Protection Cluster Advocacy Messages to address Critical
Protection Risks and Violations (January 2024), available at https://reliefweb.int/report/ethiopia/protection-cluster-advocacy-messages-address-critical-protection-risks-and-violations-january-2024 (last
visited Feb. 02, 2024).
\23\ Ethiopia: Protection Cluster National Strategy 2023-2023,
Protection Cluster, UNHCR, November 3, 2023, available at https://reliefweb.int/report/ethiopia/ethiopia-protection-cluster-national-strategy-2023-2025 (last visited on Dec. 6, 2023).
\24\ Id.
\25\ International Commission on HR Experts on Ethiopia, UN
Human Rights Council, October 3, 2023, available at https://www.ohchr.org/sites/default/files/documents/hrbodies/hrcouncil/chreetiopia/A-HRC-54-CRP-2.pdf (last visited on Nov. 20, 2023).
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In March 2023, U.S. Secretary of State Antony Blinken stated the
following regarding atrocities committed in Tigray, ``members of
[ENDF], Eritrean Defense Forces (EDF), [TPLF] forces, and Amhara forces
committed war crimes during the conflict in northern Ethiopia. Members
of ENDF, EDF, and Amhara forces also committed crimes against humanity,
including murder, rape and other forms of sexual violence, and
persecution.'' \26\ Secretary Blinken also stated that members of the
Amhara forces committed the crime against humanity of deportation or
forcible transfer of people in western Tigray and also committed ethnic
cleansing in western Tigray.\27\
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\26\ War Crimes, Crimes Against Humanity, and Ethnic Cleansing
in Ethiopia, Press Statement from U.S. Secretary of State, March 20,
2023, available at https://www.state.gov/war-crimes-crimes-against-humanity-and-ethnic-cleansing-in-ethiopia/ (last visited on Dec. 4,
2023).
\27\ Id.
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Economic Concerns
In 2022, Ethiopia's real GDP growth fell to 5.3 percent from 5.6
percent in 2021.\28\ However, Ethiopia's GDP remained above the average
GDP in East Africa.\29\ In 2022, inflation in Ethiopia rose
significantly to 34 percent from 26.6 percent in the previous year. The
rise in inflation and decline in growth is largely attributed to the
impacted caused by internal conflict, Russia's invasion of Ukraine, and
drought. The African Development Bank Group stated that, ``The fiscal
deficit widened to 4.2 percent of GDP in 2022 from 2.8 percent in 2021
due to higher defense spending and weak revenue performance.''
Additionally, income per capita in Ethiopia grew by 2.7 percent in
2022, ``but internal conflict and drought increased humanitarian
support requirements from 15.8 million people in 2021 to 20 million in
2022.'' \30\ Other potential impacts on Ethiopia's economic conditions
include increased internal conflict, growing numbers of displaced
persons, drought, and outbreak of disease.
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\28\ Ethiopia Economic Outlook, African Development Bank Group,
May 24, 2023, available at https://www.afdb.org/en/countries/east-africa/ethiopia/ethiopia-economic-outlook (last visited Jan. 5,
2024).
\29\ Id.
\30\ Id.
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As of March 19, 2024, 3,620 F-1 nonimmigrant students from Ethiopia
are enrolled at SEVP-certified academic institutions in the United
States. Given the extent of the current armed conflict and the current
humanitarian crisis in Ethiopia, affected students whose primary means
of financial support comes from Ethiopia may need to be exempt from the
normal student employment requirements to continue their studies in the
United States. The current armed conflict and the current humanitarian
crisis has made it unfeasible for many students to safely return to
Ethiopia 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 an Ethiopian citizen,
regardless of country of birth (or an individual having no nationality
who last habitually resided in Ethiopia), 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
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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].\31\
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\31\ See note 1, supra.
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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'' \32\ 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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\32\ 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 Ethiopia regardless of country of birth (or an
individual having no nationality who last habitually resided in
Ethiopia);
(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 the current humanitarian crisis in
Ethiopia.
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
the current humanitarian crisis in Ethiopia).
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 Ethiopia 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 Ethiopia 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].\33\
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\33\ See note 1, supra.
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 the current humanitarian
[[Page 26165]]
crisis in Ethiopia. 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'' \34\ 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.\35\
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\34\ See 8 CFR 214.2(f)(6).
\35\ 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'' \36\ 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.\37\
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\36\ See 8 CFR 214.2(f)(6).
\37\ See note 35, supra.
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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 the current humanitarian crisis in
Ethiopia.\38\ Filing instructions are located at https://www.uscis.gov/i-765.
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\38\ 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 $520 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/i-912. 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
106.2 and 106.3.
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 the current humanitarian crisis in Ethiopia.
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].\39\
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\39\ See note 1, supra.
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'' \40\ at the time of the request
for employment authorization;
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\40\ See 8 CFR 214.2(f)(6).
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(b) The F-1 nonimmigrant student is a citizen of Ethiopia,
regardless of country of birth (or an individual having no nationality
who last habitually resided in Ethiopia), and is experiencing severe
economic hardship as a direct result of the current armed conflict and
the current humanitarian crisis in Ethiopia, 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
[[Page 26166]]
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; \41\ and
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\41\ 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 the current humanitarian crisis in Ethiopia.
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 106.2 and 106.3; 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.'' \42\ Failure to include this notation may
result in significant processing delays.
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\42\ 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,\43\ under this notice has two options.
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\43\ See DHS Study in the States, Special Student Relief,
https://studyinthestates.dhs.gov/students/special-student-relief
(last visited Dec. 17, 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
Ethiopia 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 December 12, 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 Ethiopia 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'' \44\ 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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\44\ 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 the current
humanitarian crisis in Ethiopia. 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-
[[Page 26167]]
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 December 12, 2025,\45\ to
eligible F-1 nonimmigrant students. DHS will continue to monitor the
situation in Ethiopia. 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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\45\ See note 1, supra.
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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 the current humanitarian crisis in Ethiopia
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. 2024-07642 Filed 4-12-24; 8:45 am]
BILLING CODE 9111-CB-P