[Federal Register Volume 89, Number 140 (Monday, July 22, 2024)]
[Notices]
[Pages 59129-59135]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15788]



[[Page 59129]]

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DEPARTMENT OF HOMELAND SECURITY

U.S. Immigration and Customs Enforcement

[Docket No. ICEB-2024-0008]
RIN 1653-ZA52


Employment Authorization for Somali F-1 Nonimmigrant Students 
Experiencing Severe Economic Hardship as a Direct Result of the Current 
Crisis in Somalia

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 F-1 nonimmigrant students from 
Somalia who are experiencing severe economic hardship as a direct 
result of the current crisis in Somalia. 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 covers eligible Somali F-1 nonimmigrant students 
beginning on September 18, 2024, and ending on March 17, 2026.

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 Somalia regardless of country of birth (or 
individuals having no nationality who last habitually resided in 
Somalia), 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 crisis in Somalia. 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 
September 18, 2021, was effective from September 18, 2021, through 
March 17, 2023. See 86 FR 38739 (July 22, 2021). Most recently, DHS 
issued a 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 March 13, 2023, was effective from 
March 18, 2023, through September 17, 2024. See 88 FR 15427 (Mar. 13, 
2023). Effective with this publication, suspension of the employment 
limitations is available through March 17, 2026, 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 March 17, 2026, 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 Somalia regardless of country of birth (or an 
individual having no nationality who last habitually resided in 
Somalia);
    (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 crisis in Somalia.
    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 Somali F-1 nonimmigrant 
students experiencing severe economic hardship due to the current 
crisis in Somalia. Based on its review of country conditions in Somalia 
and input received from the U.S. Department of State (DOS), DHS is 
taking action to allow eligible F-1 nonimmigrant students from Somalia 
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.
    Somalia faces multiple and competing security threats, including 
political instability, frequent attacks from international terrorist 
organizations, like Al-Shabaab, and inter-clan violence.\2\ 
Additionally, the already bleak and widespread humanitarian situation 
has been exacerbated by droughts, disease, and general lack of access 
to essential goods like food, clean water, and medical supplies.\3\
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    \2\ Humanitarian Action for Children 2024--Somalia, UNICEF, Dec. 
28, 2023, available at https://reliefweb.int/report/somalia/humanitarian-action-children-2024-somalia (last visited on Mar. 12, 
2024).
    \3\ Id.
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Security Concerns

    Somali President, Hassan Sheikh Mohamud, announced ``total war'' 
against Al-Shabaab in 2022 after the group attacked a popular hotel in 
Somalia's capital, Mogadishu, in August of that year, killing 21 
people.\4\ The Somali government launched a series of counter-
insurgency operations against Al-Shabaab, beginning in central Somalia 
and expanding to southern Somalia.\5\ These operations resulted in

[[Page 59130]]

an increase of Al-Shabaab-led attacks throughout Somalia, particularly 
in Mogadishu.\6\ In October 2023, the head of the African Union 
Transition Mission in Somalia stated that Al-Shabaab remains the main 
threat to Somalia and the region.\7\ In addition to the Al-Shabaab-led 
attacks, the Islamic State of Iraq and the Levant (ISIL) \8\ faction in 
Somalia continues to function and carry out attacks in the Puntland 
state.\9\ For example, in February 2023, ISIL-Somalia claimed 
responsibility for an improvised explosive device incident which 
targeted a convoy of electoral delegates traveling through the Bari 
Region of Somalia.\10\
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    \4\ Al Shabab: Are militant attacks on the rise in Somalia, BBC 
News, Nov. 2, 2022, available at https://www.bbc.com/news/world-africa-49908716 (last visited on Mar. 8, 2024).
    \5\ Somalia: The Government and al-Shabaab Vie for the Support 
of Clan Militias, ACLED, Sept. 15, 2023, available at https://acleddata.com/2023/09/15/somalia-situation-update-september-2023-the-government-and-al-shabaab-vie-over-the-support-of-clan-militias/ 
(last visited on Mar. 8, 2024). Somalia is divided into18 
administrative regions (including Somaliland and Puntland). These 
regions are: Gedo, Middle Juba and Lower Juba (in Jubbaland state); 
Bakool, Bay and Lower Shabelle (in South-West state); Benadir 
(Banaadir)/Mogadishu (BRA); Hiraan and Middle Shabelle (in 
Hirshabelle state); Galgaduud and Mudug (in Galmudug state); Nugal 
and Bari (in Puntland state); Sool and Sanaag (contested between 
Puntland and Somaliland); Togdheer, Awdal and Woogoyi Galbeed (in 
Somaliland state). Somalia Security Situation, Country of Origin 
Information Report, European Asylum Support Office, Sept. 2021, 
available at https://euaa.europa.eu/sites/default/files/publications/2021_09_EASO_COI_Report_Somalia_Security_situation_new_AC.pdf (last visited on Mar. 20, 2024).
    \6\ Statement by Special Representative of the Secretary-General 
Catriona Laing to the Security Council on the Situation on Somalia, 
United Nations Assistance Mission in Somalia (UNSOM), Oct. 19, 2023, 
available at https://reliefweb.int/report/somalia/statement-special-representative-secretary-general-catriona-laing-security-council-situation-somalia (last visited on Mar. 8, 2024).
    \7\ As African Union Mission in Somalia Draws Down, Al-Shabaab 
Remains Threat to Country, Region, Special Representative Tells 
Security Council, UN News, Oct. 19, 2023, available at https://press.un.org/en/2023/sc15457.doc.htm (last visited on Mar. 8, 2024).
    \8\ ISIL is also known as DAESH or DA'ISH, an acronym for its 
name in Arabic. The group was designated as a Foreign Terrorist 
Organization on December 17, 2004. See 69 FR 75587 (Dec. 17, 2004); 
see also, Counter Terrorism Guide-Islamic State of Iraq and the 
Levant, National Counterterrorism Center, available at https://www.dni.gov/nctc/groups/isil.html (last visited on June 3, 2024).
    \9\ Somalia: Protection Analysis Update (Feb. 2022), Global 
Protection Cluster/UN High Commissioner for Refugees, Feb. 9, 2022, 
available at https://reliefweb.int/report/somalia/somalia-protection-analysis-update-february-2022 (last visited on Mar. 20, 
2024). In Puntland State, both the ISIL or DAESH and Al-Shabaab are 
present in the region. Id. The ISIL-Somalia fighters broke away from 
Al-Shabaab in 2015. See Foreign Terrorist Organizations: ISIS-
SOMALIA, DNI, Sept 2022, available at https://www.dni.gov/nctc/ftos/isis_somalia_fto.html (last visited June 3, 2024).
    \10\ Situation in Somalia--Report of the Secretary-General 
(covering Feb-June 2023), UN Security Council, June 15, 2023, 
available at https://reliefweb.int/report/somalia/situation-somalia-report-secretary-general-s2023443-enarruzh (last visited on Mar. 8, 
2024).
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    Additionally, inter-clan violence remains a security concern in 
Somalia.\11\ DOS reported in April 2023 that ``[c]lan-based political 
violence involved revenge killings and attacks on civilian 
settlements.'' \12\ In February 2023, the UN Independent Expert on the 
Situation of Human Rights in Somalia expressed ``alarm at the high 
number of civilian casualties'' in the country, and called ``upon all 
parties involved in the clashes to fully respect their obligations 
under international law, in particular with regard to the protection of 
civilians.'' \13\ Furthermore, in an October 2023 statement to the UN 
Security Council, the UN Special Representative for Somalia reported 
that ``Conflicts in Somalia continue to take a heavy toll on civilians. 
Last year [2022], we saw the largest increase in civilian casualties 
since 2017. Sadly, early data indicate a similar trend in 2023, with 
1,289 civilian casualties recorded so far.'' \14\
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    \11\ 2022 Country Reports on Human Rights Practices: Somalia, 
U.S. Department of State, Apr. 12, 2023, available at https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/somalia/ (last visited on Mar. 12, 2024).
    \12\ Id.
    \13\ Situation in Somalia--Report of the Secretary-General 
(covering Feb-June 2023), UN Security Council, June 15, 2023, 
available at https://reliefweb.int/report/somalia/situation-somalia-report-secretary-general-s2023443-enarruzh (last visited on Mar. 8, 
2024).
    \14\ Statement by Special Representative of the Secretary-
General Catriona Laing to the Security Council on the situation in 
Somalia, UNSOM, Oct. 19, 2023, available at https://unsos.unmissions.org/sites/default/files/19102023_srsg_statement_as_delivered.pdf (last visited on Apr. 24, 
2024).
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Humanitarian Concerns

    In 2024, 6.9 million people are estimated to require humanitarian 
and protection assistance.\15\ In January 2024, the UN Office for the 
Coordination of Humanitarian Affairs (UNOCHA) reported that civilians 
in Somalia face multiple risks, including ``gender-based violence, 
kidnapping and abduction, discrimination, family separation, abuse, 
forced eviction and destruction of properties, presence of mines and 
other explosive ordnance, civilian death or injury, and child 
recruitment into armed groups, among others.'' \16\ Per UNOCHA, between 
January and October 2023, more than 120,000 people were evicted from 
privately owned sites, ``sixty percent of whom were in Mogadishu.'' 
\17\
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    \15\ Somalia 2024 Humanitarian Needs and Response Plan, UNOCHA, 
Jan. 30, 2024, available at https://reliefweb.int/report/somalia/somalia-2024-humanitarian-needs-and-response-plan-hnrp (last visited 
on Mar. 12, 2024).
    \16\ Id.
    \17\ Id.
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    As of February 2024, UNOCHA reported that there were 3.8 million 
people displaced in Somalia.\18\ In addition, more than 80 percent of 
the displaced population in Somalia ``are women and children who face 
significant protection risks.'' \19\ UNOCHA assessed that ``lack of 
food, drought-reduced access to water was the key driver for 
displacement in the first half of 2023.'' \20\ UNOCHA further noted 
that ``the number of people newly or re-displaced due to conflict and 
insecurity in 2023-653,000 people--also stood at an all-time high [for 
Somalia].'' \21\
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    \18\ Somalia Fact Sheet--Key Figures, UNOCHA, Feb. 29, 2024, 
available at https://reliefweb.int/report/somalia/somalia-factsheet-key-figures-29-feb-2024?_gl=1*1okgrm2*_ga*OTI1NTY0MTI2LjE2NzQ2NzM4NjU.*_ga_E60ZNX2F68*MTcxMDg2Nzg5MC4xMDMuMS4xNzEwODY5MzQzLjYwLjAuMA (last visited on Mar. 
20, 2024).
    \19\ Somalia 2024 Humanitarian Needs and Response Plan, UNOCHA, 
Jan. 30, 2024, available at https://reliefweb.int/report/somalia/somalia-2024-humanitarian-needs-and-response-plan-hnrp (last visited 
on Mar. 12, 2024).
    \20\ Id.
    \21\ Id.
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    In its annual report covering 2023, Human Rights Watch assessed 
that ``[t]he humanitarian situation in Somalia remain[s] dire.'' \22\ 
In a December 2023 report, the World Food Programme (WFP) reported that 
``Poverty is widespread, with seven out of ten Somalis living on less 
than USD 1.90 a day.'' \23\ In the same report, the WFP stated that, 
``malnutrition is driven by chronic food insecurity, poor infant and 
young child feeding practices, diseases, limited access to clean water, 
sanitation, and health.'' \24\ The WFP also noted that ``1.5 million 
children under the age of five are estimated to suffer from acute 
malnutrition in 2023.'' \25\ Additionally, UNOCHA reported that ``4.3 
million people--almost one fourth of Somalia's population [of 17 
million \26\]--remain acutely food insecure in 2024.'' \27\
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    \22\ Somalia, Human Rights Watch, Jan. 11, 2024, available at 
https://www.hrw.org/world-report/2024/country-chapters/somalia#fa7e90 (last visited on Mar. 19, 2024).
    \23\ Somalia Country Brief, WFP, Dec. 2023, available at https://reliefweb.int/report/somalia/wfp-somalia-country-brief-december-2023 (last visited on Mar. 12, 2024).
    \24\ Id.
    \25\ Id.
    \26\ Somalia Country Brief, WFP, Dec. 2023, available at https://reliefweb.int/report/somalia/wfp-somalia-country-brief-december-2023 (last visited on Mar. 14, 2024).
    \27\ Somalia 2024 Humanitarian Needs and Response Plan, UNOCHA, 
Jan. 30, 2024, available at https://reliefweb.int/report/somalia/somalia-2024-humanitarian-needs-and-response-plan-hnrp (last visited 
on Mar. 12, 2024).
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    Concurrent disease outbreaks have also impacted ``the health and 
the lives of the crisis-affected populations of Somalia.'' \28\ In 
February 2024, the Somalia Ministry of Health and Human Services 
further assessed that ``the ongoing cholera outbreak can be attributed 
to a growing number of people, who lack access to safe water and proper 
sanitation.'' \29\
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    \28\ Id.
    \29\ Acute Water Diarrhea/Cholera Weekly Epidemiological Report, 
Ministry of Health and Human Services, Federal Government of 
Somalia, Feb. 19-25, 2024, available at https://reliefweb.int/report/somalia/awdcholera-weekly-epidemiological-report-epi-week-8-19-february-25-february-2024?_gl=1*1nmseu4*_ga*OTI1NTY0MTI2LjE2NzQ2NzM4NjU.*_ga_E60ZNX2F68*MTcxMTM3NTY3My4xMTIuMS4xNzExMzc3NjI2LjQ4LjAuMA (last visited on Mar. 
22, 2024).

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    According to UNOCHA's January 2024 report, humanitarian access 
remains a challenge in Somalia due to ongoing conflict and insecurity, 
and inter-clan violence.\30\ Close to 900,000 people live in areas that 
are inaccessible to humanitarian aid, and an additional two million 
people live in areas with significant access constraints due to the 
presence of non-state armed actors.\31\ Continued attacks on 
humanitarian workers and infrastructure, and restrictions on movement 
have exacerbated access and operational challenges.\32\
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    \30\ Somalia 2024 Humanitarian Needs and Response Plan, UNOCHA, 
Jan. 30, 2024, available at https://reliefweb.int/report/somalia/somalia-2024-humanitarian-needs-and-response-plan-hnrp (last visited 
on Mar. 12, 2024).
    \31\ Joint Justice and Corrections Programme: 01 June 2023-30 
May 2027, UN Somalia Joint Fund, available at https://mptf.undp.org/sites/default/files/documents/2023-09/unsjf_mptf_prodoc_jjcp_redacted.pdf (last visited May 2, 2024).
    \32\ Somalia 2024 Humanitarian Needs and Response Plan, UNOCHA, 
Jan. 30, 2024, available at https://reliefweb.int/report/somalia/somalia-2024-humanitarian-needs-and-response-plan-hnrp (last visited 
on Mar. 12, 2024).
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Economic Concerns

    According to the World Bank, in 2023, Somalia completed the Heavily 
Indebted Poor Countries Initiative.\33\ After completing the 
initiative, Somalia ``achieved debt service savings of $4.5 billion and 
got access to critical additional financial resources that will help 
Somalia strengthen its economy, reduce poverty, and promote job 
creation.'' \34\ As a result of this, Somalia's external debt fell to 
less than 6 percent of the GDP by the end of 2023.\35\ Despite these 
achievements, the trade deficit was 59 percent of the GDP in 2023, and 
``real GDP growth has been low and volatile, averaging only 2 percent 
per year in 2019-23 while real GDP per capita averaged -0.8 percent per 
year.'' \36\ Additionally, the purchasing power of many civilians has 
been eroded, ``increasing the risk of more people falling into 
poverty.'' \37\
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    \33\ The World Bank in Somalia, The Word Bank, Feb. 26, 2024, 
available at https://www.worldbank.org/en/country/somalia/overview 
(last visited Apr. 19, 2024).
    \34\ Id.
    \35\ Id.
    \36\ Id.
    \37\ Id.
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    As of June 28, 2024, approximately 130 F-1 nonimmigrant students 
from Somalia are enrolled at SEVP-certified academic institutions in 
the United States. Given the extent of the current crisis in Somalia, 
affected students whose primary means of financial support comes from 
Somalia may need to be exempt from the normal student employment 
requirements to continue their studies in the United States. The 
current crisis has made it unfeasible for many students to safely 
return to Somalia 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 Somali citizen, 
regardless of country of birth (or an individual having no nationality 
who last habitually resided in Somalia), 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].\38\
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    \38\ Because the suspension of requirements under this notice 
applies throughout an academic term during which the suspension is 
in effect, DHS considers an F-1 nonimmigrant student who engages in 
a reduced course load or employment (or both) after this notice is 
effective to be engaging in a ``full course of study,'' see 8 CFR 
214.2(f)(6), and eligible for employment authorization, through the 
end of any academic term for which such student is matriculated as 
of March 17, 2026, 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

[[Page 59132]]

notice to be engaged in a ``full course of study'' \39\ 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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    \39\ 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, 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 Somalia regardless of country of birth (or an 
individual having no nationality who last habitually resided in 
Somalia);
    (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 crisis in Somalia.
    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 crisis in Somalia).

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 Somalia 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 F-1 nonimmigrant students from Somalia 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].\40\
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    \40\ 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 March 17, 2026, 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 
crisis in Somalia. 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'' \41\ 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

[[Page 59133]]

student to take a reduced course load if the reduction would not meet 
the academic institution's minimum course load requirement for 
continued enrollment.\42\
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    \41\ See 8 CFR 214.2(f)(6).
    \42\ 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'' \43\ 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.\44\
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    \43\ See 8 CFR 214.2(f)(6).
    \44\ 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 crisis in Somalia.\45\ Filing instructions are located at 
https://www.uscis.gov/i-765.
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    \45\ 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 crisis in 
Somalia.
    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].\46\
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    \46\ 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 March 17, 2026, 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'' \47\ at the time of the request 
for employment authorization;
---------------------------------------------------------------------------

    \47\ See 8 CFR 214.2(f)(6).
---------------------------------------------------------------------------

    (b) The F-1 nonimmigrant student is a citizen of Somalia, 
regardless of country of birth (or an individual having no nationality 
who last habitually resided in Somalia), and is experiencing severe 
economic hardship as a direct result of the current crisis in Somalia, 
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; \48\ and
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    \48\ 8 CFR 214.2(f)(5)(v).
---------------------------------------------------------------------------

    (d) The off-campus employment is necessary to alleviate severe 
economic hardship to the individual as a direct result of the current 
crisis in Somalia.
    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

[[Page 59134]]

front of the envelope, bottom right-hand side, with the phrase 
``SPECIAL STUDENT RELIEF.'' \49\ Failure to include this notation may 
result in significant processing delays.
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    \49\ Guidance for direct filing addresses can be found here: 
https://www.uscis.gov/i-765-addresses (last visited Apr. 29, 2024).
---------------------------------------------------------------------------

    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,\50\ under this notice has two options.
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    \50\ See DHS Study in the States, Special Student Relief, 
available at https://studyinthestates.dhs.gov/students/special-student-relief (last visited Feb. 28, 2024).
---------------------------------------------------------------------------

    Under the first option, the F-1 nonimmigrant student may apply for 
TPS according to the instructions in the USCIS notice designating 
Somalia 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 March 17, 2026, 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 Somalia 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'' \51\ 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).
---------------------------------------------------------------------------

    \51\ See 8 CFR 214.2(f)(6).
---------------------------------------------------------------------------

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 crisis in Somalia. 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 March 17, 2026,\52\ to 
eligible F-1 nonimmigrant students. DHS will continue to monitor the 
situation in Somalia. 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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    \52\ 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 March 17, 2026, 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

[[Page 59135]]

resulting from the current crisis in Somalia 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. 2024-15788 Filed 7-19-24; 8:45 am]
BILLING CODE 9111-CB-P