[Federal Register Volume 89, Number 73 (Monday, April 15, 2024)]
[Notices]
[Pages 26156-26161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07869]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Immigration and Customs Enforcement

[Docket No. ICEB-2024-0005]
RIN 1653-ZA49


Employment Authorization for Certain Palestinian F-1 Nonimmigrant 
Students Experiencing Severe Economic Hardship as a Direct Result of 
the Current Humanitarian Crisis in the Palestinian Territories

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

ACTION: Notice.

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SUMMARY: The Department of Homeland Security (DHS) is suspending 
certain regulatory requirements for certain Palestinian F-1 
nonimmigrant students who are experiencing severe economic hardship as 
a direct result of the current humanitarian crisis in the Palestinian 
Territories. 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 for certain Palestinian F-1 nonimmigrant students 
covered by this notice began on February 14, 2024, and ends on August 
13, 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 (ICE), 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: For the purposes of this Notice, ICE intends 
to cover non-U.S. citizens of any nationality, or without nationality, 
who are Palestinian. F-1 nonimmigrant students who possesses any of the 
following authentic documents,\1\ though not limited to the list below, 
regardless of the document's validity period \2\ or expiration may be 
eligible for this relief:
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    \1\ On June 14, 2007, Hamas, designated as a foreign terrorist 
organization by the Secretary of State in accordance with INA 
section 219, took de facto administrative control of Gaza, including 
issuance of civil documents for the territory. Identity documents 
issued by Hamas after June 14, 2007, will not be accepted, unless 
verified by the Palestinian Authority in the West Bank.
    \2\ The term validity period is used in reference to the length 
of time a document can be used for purposes of travel or 
identification prior to the expiration date.
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     a Palestinian Authority Passport;
     a Palestinian Authority Identification Card;
     a Birth Certificate or Birth Extract verified or issued by 
a recognized governmental authority identifying the holder as having 
been born in the Palestinian Territories;
     an identification document issued by a third country, the 
United Nations, its specialized agencies and related organizations, or 
the International Committee of the Red Cross, indicating the holder is 
a Palestinian; or
     a travel document issued by a third country, the United 
Nations, its

[[Page 26157]]

specialized agencies and related organizations, or the International 
Committee of the Red Cross, identifying the holder as a Palestinian.

What action is DHS taking under this notice?

    The Secretary is exercising the authority under 8 CFR 214.2(f)(9) 
to temporarily suspend the applicability of certain requirements 
governing on-campus and off-campus employment for certain F-1 
nonimmigrant students who are Palestinian, who were lawfully present in 
the United States in F-1 nonimmigrant student status as of February 14, 
2024, and who are experiencing severe economic hardship as a direct 
result of the current humanitarian crisis in the Palestinian 
Territories. Effective with this publication, suspension of the 
employment limitations is available through August 13, 2025, for those 
who were in lawful F-1 nonimmigrant status on February 14, 2024. 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.\3\ See 8 CFR 
214.2(f)(6)(i)(F).
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    \3\ 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 August 14, 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) Possesses any authentic document described in the Supplementary 
Information section of this Notice;
    (2) Were lawfully present in the United States on February 14, 
2024, 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 humanitarian crisis in the Palestinian Territories.
    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 certain Palestinian F-1 
nonimmigrant students experiencing severe economic hardship due to the 
current humanitarian crisis in the Palestinian Territories. Based on 
its review of the conditions in the Palestinian Territories and input 
received from the U.S. Department of State (DOS), DHS is taking action 
to allow certain eligible Palestinian F-1 nonimmigrant students 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.
    On February 14, 2024, President Joseph Biden issued a memorandum to 
the Secretary of State and the Secretary of DHS to defer for 18 months 
the removal of certain Palestinians present in the United States by 
implementing Deferred Enforced Departure (DED) for those eligible 
individuals.\4\ This action came in the wake of the October 7, 2023, 
terrorist attack by Hamas against Israel, and Israel's ensuing military 
response, which has resulted in the humanitarian conditions in the 
Palestinian Territories, primarily Gaza, significantly deteriorating. 
Because of these conditions, DHS is now taking action so eligible 
Palestinian F-1 nonimmigrant 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 F-1 
nonimmigrant student status.
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    \4\ Memorandum on the Deferred Enforced Departure for Certain 
Palestinians, The White House, Feb. 14, 2024, available at https://www.whitehouse.gov/briefing-room/presidential-actions/2024/02/14/memorandum-on-the-deferred-enforced-departure-for-certain-palestinians/ (last visited Feb. 27, 2024).
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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 Palestinian, 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

[[Page 26158]]

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].\5\
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    \5\ 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 August 14, 2025, provided the student satisfies the minimum 
course load requirements in this notice.

Must the F-1 nonimmigrant student apply for reinstatement after 
expiration of this special employment authorization if the student 
reduces his or her ``full course of study''?

    No. DHS will deem an F-1 nonimmigrant student who receives and 
comports with the employment authorization permitted under this notice 
to be engaged in a ``full course of study'' \6\ 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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    \6\ 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 while in F-2 nonimmigrant status. See 8 CFR 
214.2(f)(15)(i).

Will the suspension of the applicability of the standard student 
employment requirements apply to an individual who received 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) Possesses any authentic document described in the SUPPLEMENTARY 
INFORMATION section of this Notice;
    (2) Were lawfully present in the United States on February 14, 
2024, 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 humanitarian crisis in the Palestinian Territories.
    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 humanitarian crisis 
in the Palestinian Territories).

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 Palestinian F-1 nonimmigrant students 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 8 
CFR 214.2(f)(6)(i)(E). The suspension of certain regulatory 
requirements related to employment through this notice is applicable to 
all eligible F-1 nonimmigrant students regardless of educational level. 
Eligible Palestinian F-1 nonimmigrant students enrolled in an 
elementary school, middle school, or high school do 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].\7\
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    \7\ 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 August 14, 2025, provided the student satisfies the minimum 
course load requirements in this notice.


[[Page 26159]]


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

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

    Yes. DHS will deem an F-1 nonimmigrant student who receives on-
campus employment authorization under this notice to be engaged in a 
``full course of study'' \8\ 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.\9\
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    \8\ See 8 CFR 214.2(f)(6).
    \9\ 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 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'' \10\ 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.\11\
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    \10\ See 8 CFR 214.2(f)(6).
    \11\ Minimum course load requirement for enrollment in a school 
must be established in a publicly available document (e.g., catalog, 
website, or operating procedure), and it must be a standard 
applicable to all students (U.S. citizens and foreign students) 
enrolled at the school.
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How may an eligible F-1 nonimmigrant student obtain employment 
authorization for off-campus employment with a reduced course load 
under this notice?

    An F-1 nonimmigrant student must file a Form I-765, Application for 
Employment Authorization, with USCIS to apply for off-campus employment 
authorization based on severe economic hardship directly resulting from 
the current humanitarian crisis in the Palestinian Territories.\12\ 
Filing instructions are located at https://www.uscis.gov/i-765.
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    \12\ 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 humanitarian 
crisis in the Palestinian Territories.
    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].\13\
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    \13\ 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 August 14, 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

[[Page 26160]]

carrying a ``full course of study'' \14\ at the time of the request for 
employment authorization;
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    \14\ See 8 CFR 214.2(f)(6).
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    (b) The F-1 nonimmigrant student is a Palestinian, and is 
experiencing severe economic hardship as a direct result of the current 
humanitarian crisis in the Palestinian Territories, 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 at the graduate 
level; \15\ and
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    \15\ 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 
humanitarian crisis in the Palestinian Territories.
    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 all of 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.'' \16\ Failure to include this notation may 
result in significant processing delays.
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    \16\ 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.

Deferred Enforced Departure (DED) Considerations

Can an F-1 nonimmigrant student apply for a DED-related EAD and for 
benefits under this notice at the same time?

    Yes. Although they are not required to apply for a DED-related EAD, 
if an eligible F-1 nonimmigrant student wants to obtain such an EAD, 
the student must file Form I-765 and pay the related fee (or request a 
fee waiver). The F-1 student may also apply for Special Student Relief 
under this notice by requesting that the DSO notate on their Form I-20 
in SEVIS that the student has been authorized to carry a reduced course 
load and is permitted to work an increased number of hours under 
Special Student Relief while school is in session. The DSO should also 
notate on the Form I-20 that the student is working pursuant to a DED-
related EAD. As long as the F-1 nonimmigrant student maintains the 
minimum course load described in this notice, does not otherwise 
violate the student's nonimmigrant status, including as provided under 
8 CFR 214.1(g), and remains covered under DED, then the student 
maintains F-1 nonimmigrant status and DED concurrently.

When a student applies simultaneously for a DED-related EAD 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'' \17 \unless or until the F-
1 nonimmigrant student is granted employment authorization under this 
notice. DED-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 DED-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 the 
student is at the undergraduate level, or a minimum of three semester 
or quarter hours of instruction per academic term if the student is at 
the graduate level). See 8 CFR 214.2(f)(5)(v), 214.2(f)(6), 
214.2(f)(9)(i) and (ii).
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    \17\ See 8 CFR 214.2(f)(6).
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How does an F-1 student who has received a DED-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 DED-related EAD. However, the F-1 nonimmigrant 
student must demonstrate and provide documentation to the DSO of severe 
economic hardship as a direct result of the current humanitarian crisis 
in the Palestinian Territories. The DSO will then verify and update the 
student's SEVIS record to enable the F-1 nonimmigrant student with DED 
to reduce their 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 a DED-related EAD apply for 
reinstatement to F-1 nonimmigrant student status after the noncitizen's 
F-1 nonimmigrant student status has lapsed?

    Yes. Current 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 might apply to students who worked on a 
DED-related EAD or dropped their course load before February 14, 2024, 
and therefore fell out of F-1 nonimmigrant status. The student 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 through August 13, 2025,\18\ to 
eligible F-1 nonimmigrant students. DHS will continue to monitor the 
situation in the Palestinian Territories. 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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    \18\ 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 August 14, 2025, provided the student satisfies the minimum 
course load requirement in this notice.

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[[Page 26161]]

Paperwork Reduction Act (PRA)

    An F-1 nonimmigrant student seeking off-campus employment 
authorization due to severe economic hardship resulting from the 
current humanitarian crisis in the Palestinian Territories must 
demonstrate to the DSO that this employment is necessary to avoid 
severe economic hardship. A DSO who agrees that a nonimmigrant student 
should receive such employment authorization must recommend an 
application approval to USCIS by entering information in the remarks 
field of the student's SEVIS record. The authority to collect this 
information is in the SEVIS collection of information currently 
approved by the Office of Management and Budget (OMB) under OMB Control 
Number 1653-0038.
    This notice also allows an eligible F-1 nonimmigrant student to 
request employment authorization, work an increased number of hours 
while the academic institution is in session, and reduce their course 
load while continuing to maintain F-1 nonimmigrant student status.
    To apply for employment authorization, certain F-1 nonimmigrant 
students must complete and submit a currently approved Form I-765 
according to the instructions on the form. OMB has previously approved 
the collection of information contained on the current Form I-765, 
consistent with the PRA (OMB Control No. 1615-0040). Although there 
will be a slight increase in the number of Form I-765 filings because 
of this notice, the number of filings currently contained in the OMB 
annual inventory for Form I-765 is sufficient to cover the additional 
filings. Accordingly, there is no further action required under the 
PRA.

Alejandro Mayorkas,
Secretary, U.S. Department of Homeland Security.
[FR Doc. 2024-07869 Filed 4-12-24; 11:15 am]
BILLING CODE 9111-CB-P