Employment Authorization for Syrian F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of Civil Unrest in Syria Since March 2011, 20038-20042 [2012-7960]
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Federal Register / Vol. 77, No. 64 / Tuesday, April 3, 2012 / Notices
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(Secretary) has suspended certain
regulatory requirements for F–1
nonimmigrant students whose country
of citizenship is Syria and who are
experiencing severe economic hardship
as a direct result of the civil unrest in
Syria since March 2011. The Secretary
has determined that a suspension of
certain regulatory requirements for
Syrian citizens who are F–1
nonimmigrant students is warranted
because it will provide relief to these F–
1 students so they may obtain
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 student status. F–1 students who
are granted employment authorization
by means of this notice will be deemed
to be engaged in a ‘‘full course of study’’
for the duration of their employment
authorization, provided that they satisfy
the minimum course load requirement
described in this notice.
DATES: This notice is effective April 3,
2012 and will remain in effect until
October 3, 2013.
FOR FURTHER INFORMATION CONTACT:
Louis Farrell, Director, Student and
Exchange Visitor Program; MS 5600,
U.S. Immigration and Customs
Enforcement, 500 12th Street SW.,
Washington, DC 20536–5600; (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?
[DHS Docket No. ICEB–2012–0002]
The Secretary of Homeland Security
(Secretary) is exercising her authority
under 8 CFR 214.2(f)(9) to temporarily
suspend the applicability of certain
requirements governing on-campus and
off-campus employment. F–1 students
granted employment authorization by
means of this notice will be deemed to
be engaged in a ‘‘full course of study’’
for the duration of their employment
authorization if they satisfy the
minimum course load set forth in this
notice. See 8 CFR 214.2(f)(6)(i)(F).
RIN 1653–ZA04
Who is covered by this notice?
Dated: March 29, 2012.
Jill Hartzler Warner,
Acting Associate Commissioner for Special
Medical Programs.
[FR Doc. 2012–7967 Filed 4–2–12; 8:45 am]
BILLING CODE P
DEPARTMENT OF HOMELAND
SECURITY
Employment Authorization for Syrian
F–1 Nonimmigrant Students
Experiencing Severe Economic
Hardship as a Direct Result of Civil
Unrest in Syria Since March 2011
U.S. Immigration and Customs
Enforcement; DHS.
ACTION: Notice.
AGENCY:
This notice announces that
the Secretary of Homeland Security
SUMMARY:
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This notice applies exclusively to F–
1 students whose country of citizenship
is Syria and who were lawfully present
in the United States in F–1
nonimmigrant status on April 3, 2012
under section 101(a)(15)(F)(i) of the
Immigration and Nationality Act (INA),
8 U.S.C. 1101(a)(15)(F)(i) and (1) are
enrolled in an institution that is Student
and Exchange Visitor Program (SEVP)
certified for enrollment for F–1
students; (2) are currently maintaining
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F–1 status; and (3) are experiencing
severe economic hardship as a direct
result of the civil unrest in Syria since
March 2011.
This notice applies to both
undergraduate and graduate students, as
well as elementary school, middle
school, and high school students. F–1
students covered by this notice who
transfer to other academic institutions
that are SEVP-certified for enrollment of
F–1 students remain eligible for the
relief provided by means of this notice.
Why is DHS taking this action?
DHS is taking action to provide relief
to F–1 students whose country of
citizenship is Syria and who are
experiencing severe economic hardship
as a direct result of the civil unrest in
Syria since March 2011. These students
may obtain 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 status.
The crisis in Syria and economic
sanctions imposed by the international
community have negatively affected the
whole of the Syrian economy. Given the
current conditions in Syria, affected
students whose primary means of
financial support comes from Syria may
now need to be exempt from the normal
student employment requirements to be
able to continue their studies in the
United States and meet basic living
expenses. According to DHS records,
there are over 500 students from Syria
enrolled in the United States for the
current school year. The Secretary has
determined, after consultation with
appropriate government agencies,
including the Department of State
(DOS), that there exist extraordinary and
temporary conditions in Syria since at
least March 2011 that prevent Syrian
nationals from returning to their home
country in safety. The brutal
government crackdown and the overall
lack of security have made it unfeasible
for students to safely return to Syria for
the foreseeable future. To ameliorate the
hardship arising from the lack of
financial support from family members
and others in Syria, and to facilitate the
students’ continued studies in the
United States, DHS is suspending the
applicability of certain requirements
governing on-campus and off-campus
employment.
What is the minimum course load
requirement set forth in this notice?
Undergraduate students who are
granted on-campus or off-campus
employment authorization under this
notice must remain registered for a
minimum of six semester/quarter hours
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of instruction per academic term.
Graduate-level F–1 students who are
granted on-campus or off-campus
employment authorization under this
notice must remain registered for a
minimum of three semester/quarter
hours of instruction per academic term.
See 8 CFR 214.2(f)(5)(v). In addition, F–
1 students (both undergraduate and
graduate) granted on-campus or offcampus 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 the student’s
course of study is in a language study
program. See 8 CFR 214.2(f)(6)(i)(G).
Elementary school, middle school, and
high school students 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).
May Syrian F–1 students who already
have on-campus or off-campus
employment authorization benefit from
the suspension of regulatory
requirements under this notice?
Yes. Syrian F–1 students who already
have on-campus or off-campus
employment authorization may benefit
under this notice, which suspends
regulatory requirements relating to the
minimum course load requirement
under 8 CFR 214.2(f)(6)(i)(A) and (B)
and the employment eligibility
requirements under 8 CFR 214.2(f)(9) as
specified in this notice. Such Syrian F–
1 students may benefit without having
to apply for a new Form I–766,
Employment Authorization Document
(EAD). To benefit from this notice, the
student must request that his or her
designated school official (DSO) enter
the following statement in the remarks
field of the Student and Exchange
Visitor Information System (SEVIS)
student record, which will be reflected
on the student’s Form I–20, Certificate
of Eligibility for Nonimmigrant (F–1)
Student Status:
Approved for more than 20 hours per week
of [DSO must insert ‘‘on-campus’’ or ‘‘offcampus,’’ 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 employment]
until [DSO must insert the student’s program
end date, October 3, 2013, or the current EAD
expiration date (if the student is currently
working off campus), whichever date comes
first.
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Must the F–1 student apply for
reinstatement after expiration of this
special employment authorization if the
student reduces his or her full course of
study?
No. F–1 students who are granted
employment authorization under this
notice will be deemed to be engaged in
a ‘‘full course of study’’ for the duration
of their employment authorization,
provided that qualifying undergraduate
level F–1 students remain registered for
a minimum of six semester/quarter
hours of instruction per academic term,
and qualifying graduate level F–1
students remain registered for a
minimum of three semester/quarter
hours of instruction per academic term.
See 8 CFR 214.2(f)(5)(v) and (f)(6)(i)(F).
Such students will not be required to
apply for reinstatement under 8 CFR
214.2(f)(16) if they are otherwise
maintaining F–1 status.
Will F–2 dependents (spouse or minor
children) of F–1 students covered by
this notice be eligible to apply for
employment authorization?
No. An F–2 spouse or minor child of
an F–1 student is not authorized to work
in the United States and, therefore, may
not accept employment under the F–2
status. See 8 CFR 214.2(f)(15)(i).
Will the suspension of the applicability
of the standard student employment
requirements apply to aliens who are
granted an F–1 visa after this notice is
published in the Federal Register?
No. The suspension of the
applicability of the standard regulatory
requirements only applies to those F–1
students whose country of citizenship is
Syria and who were lawfully present in
the United States in F–1 nonimmigrant
status on April 3, 2012 under section
101(a)(15)(F)(i) of the INA, 8 U.S.C.
1101(a)(15)(F)(i) and (1) are enrolled in
an institution that is SEVP certified for
enrollment of F–1 students; (2) are
currently maintaining F–1 status; and
(3) are experiencing severe economic
hardship as a direct result of the civil
unrest in Syria. F–1 students who do
not meet these requirements do not
qualify for the suspension of the
applicability of the standard regulatory
requirements, even if they are
experiencing severe economic hardship
as a direct result of the civil unrest in
Syria since March 2011.
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Does this notice apply to an F–1 student
who departs the United States after this
notice is published in the Federal
Register and who needs to obtain a new
F–1 visa before he or she may return to
the United States to continue his or her
educational programs?
Yes, provided that the DSO has
properly notated the student’s SEVIS
record, which will then appear on the
student’s Form I–20. Subject to the
specific terms of this notice, the normal
rules for visa issuance (including those
related to public charge and
nonimmigrant intent) remain applicable
to nonimmigrants that need to apply for
a new F–1 visa in order to continue
their educational programs in the
United States.
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Does this notice apply to elementary
school, middle school, and high school
students in F–1 status?
Yes. But this notice does not reduce
the required course load for elementary
school, middle school, or high school
students in F–1 status. Such students
must maintain the minimum number of
hours of class attendance per week
prescribed by the school for normal
progress toward graduation. See 8 CFR
214.2(f)(6)(i)(E). Eligible F–1 students
from Syria 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. With regard to off-campus
employment, elementary school, middle
school, and high school students benefit
from the suspension of the requirement
that a student must have been in F–1
status for one full academic year in
order to be eligible for off-campus
employment and the requirement that
limits a student’s work authorization to
no more than 20 hours per week of offcampus employment while school is in
session. DHS notes, however, that the
suspension of these requirements is
solely for DHS purposes of determining
valid F–1 status. Nothing in this notice
affects the applicability of federal and
state labor laws limiting the
employment of minors. The suspension
of certain regulatory requirements
related to employment through this
notice is applicable to all eligible F–1
students—regardless of educational
level—as required by the regulations at
8 CFR 214.2(f)(9)(i) and (f)(9)(ii).
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On-Campus Employment Authorization
Will F–1 students who are granted oncampus employment authorization
under this notice be authorized to work
more than 20 hours per week while
school is in session?
Yes. For F–1 students 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
student’s on-campus employment to 20
hours per week while school is in
session. A student whose country of
citizenship is Syria and who is
experiencing severe economic hardship
as result of civil unrest in Syria since
March 1, 2011 is authorized to work
more than 20 hours per week while
school is in session if his or her DSO has
entered the following statement in the
remarks field of the SEVIS student
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 employment] until [DSO
must insert the student’s program end date or
October 3, 2013, whichever date comes first].
To obtain on-campus employment
authorization, the student must
demonstrate to his or her DSO that the
employment is necessary to avoid
severe economic hardship that is
directly resulting from the civil unrest
in Syria. A student authorized by his or
her DSO to engage in on-campus
employment by means of this notice
does not need to make any filing with
U.S. Citizenship and Immigration
Services (USCIS). The standard rules
permitting fulltime work on-campus
when school is not in session or during
school vacations apply. See 8 CFR
214.2(f)(9)(i).
Will F–1 students who are granted oncampus employment authorization
under this notice be authorized to
reduce their normal course load and
still maintain their F–1 nonimmigrant
status?
Yes. F–1 students who are granted oncampus employment authorization
under this notice will be deemed to be
engaged in a ‘‘full course of study’’ for
the purpose of maintaining their F–1
status for the duration of their oncampus employment if they satisfy the
minimum course load requirement
described in this notice. See 8 CFR
214.2(f)(6)(i)(F). However, the
authorization for reduced course load is
solely for DHS purposes of determining
valid F–1 status. Nothing in this notice
mandates that a school allow a student
to take a reduced course load if the
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reduction would not meet the school’s
minimum course load requirement for
continued enrollment.1
Off-Campus Employment Authorization
What regulatory requirements does this
notice temporarily suspend relating to
off-campus employment?
For F–1 students 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 status for one
full academic year in order to be eligible
for off-campus employment;
(b) The requirement that an F–1
student must demonstrate that
acceptance of employment will not
interfere with the student’s carrying a
full course of study; and
(c) The requirement that limits a
student’s work authorization to no more
than 20 hours per week of off-campus
employment while school is in session.
Will F–1 students who are granted offcampus employment authorization
under this notice be authorized to
reduce their normal course load and
still maintain their F–1 nonimmigrant
status?
Yes. F–1 students who are granted
employment authorization by means of
this notice will be deemed to be engaged
in a ‘‘full course of study’’ for purpose
of maintaining their F–1 status for the
duration of their employment
authorization if they satisfy the
minimum course load requirement
described in this notice. See 8 CFR
214.2(f)(6)(i)(F). However, the
authorization for reduced course load is
solely for DHS purposes of determining
valid F–1 status. Nothing in this notice
mandates that a school allow a student
to take reduced course load if such
reduced course load would not meet the
school’s minimum course load
requirement.2
1 Minimum course load requirement for
enrollment in a school must be established in a
publicly available document (e.g., catalog, Web site,
or operating procedure), and it must be a standard
applicable to all students (U.S. citizens and foreign
students) enrolled at the school.
2 Minimum course load requirement for
enrollment in a school must be established in a
publicly available document (e.g., catalog, Web site,
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 Syrian F–1 students obtain
employment authorization for offcampus employment with a reduced
course load under this notice?
F–1 students must file a Form I–765
Application for Employment
Authorization with USCIS if they wish
to apply for off-campus employment
authorization based on severe economic
hardship resulting from the civil unrest
in Syria since March 1, 2011. Filing
instructions are located at: https://
www.uscis.gov/i-765.
Fee considerations. Submission of a
Form I–765 currently requires payment
of a $380 fee. If the applicant is unable
to pay the fee, he or she may submit a
completed Form I–912, Request for Fee
Waiver, along with the Form I–765
Application for Employment
Authorization. The applicant must
follow all form instructions associated
with the Form I–912, which are
available at: https://www.uscis.gov/
feewaiver. The submission must include
an explanation of why he or she should
be granted the fee waiver and the
reasons for his or her inability to pay.
See 8 CFR 103.7(c).
Supporting documentation. An F–1
student seeking off-campus employment
authorization due to severe economic
hardship must demonstrate to the DSO
at the school where the F–1 student is
enrolled that this employment is
necessary to avoid severe economic
hardship and that the hardship is
resulting from the civil unrest in Syria
since March 1, 2011. If the DSO agrees
that the student should receive such
employment authorization, he or she
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 the student’s Form I–20:
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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 October 3, 2013, whichever date
comes first.
The student must then file the
properly endorsed Form I–20 and Form
I–765, according to the instructions for
the Form I–765. The student may begin
working off campus only upon receipt
of the EAD from USCIS.
DSO recommendation. In making a
recommendation that a student be
approved for Special Student Relief, the
DSO certifies that:
(a) The student is in good academic
standing as determined by the DSO;
(b) The student is a citizen of Syria
and is experiencing severe economic
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hardship as a direct result of the civil
unrest in Syria since March 1, 2011, as
documented on the Form I–20;
(c) The student is carrying a full
course of study at the time of the request
for employment authorization;
(d) The student will be registered for
the duration of his or her authorized
employment for a minimum of six
semester or quarter hours of instruction
per academic term if the student is 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;
and
(e) The off-campus employment is
necessary to alleviate severe economic
hardship to the individual caused by the
civil unrest in Syria since March 1,
2011.
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 student should:
(a) ensure that the application
package includes: (1) A completed Form
I–765; (2) the required fee or properly
documented fee waiver request as
defined in 8 CFR 103.7(c); 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.’’ Failure to include
this notation may result in significant
processing delays. If USCIS approves
the student’s Form I–765, the USCIS
official will send the student a Form I–
766 EAD as evidence of his or her
employment authorization. The EAD
will contain an expiration date that does
not exceed the student’s program end
date.
Temporary Protected Status
Considerations
Can an F–1 student apply for
Temporary Protected Status and for
benefits under this notice at the same
time?
Yes. An F–1 student who has not yet
applied for Temporary Protected Status
(TPS) or for student relief under this
notice has two options. Under the first
option, the student may file the TPS
application according to the instructions
in the Federal Register Notice
designating Syria for TPS. See 77 FR
19026, March 29, 2012.
All TPS applicants must file a Form
I–821 Application for Temporary
Protected Status, along with Form I–
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20041
765, even if the applicants are not
seeking employment authorization
under TPS. The fee (or a properly
documented fee waiver request) for
Form I–765 is required only if the
applicant is seeking employment
authorization under TPS. See 8 CFR
244.6. If the student files a TPS
application and requests employment
authorization under TPS, once the
student receives the TPS-related EAD,
the student may request that his or her
DSO make the required entry in SEVIS,
issue an updated Form I–20, as
described in this notice, and note that
the student has been authorized to carry
a reduced course load and is working
pursuant to a TPS-related EAD. So long
as the student maintains the minimum
course load described in this notice,
does not otherwise violate his or her
nonimmigrant status as provided under
8 CFR 214.1(g), and maintains his or her
TPS, then the student maintains F–1
status and TPS concurrently. Under the
second option, the student may apply
for an EAD under student relief. In this
instance, Form I–765 must be filed with
the location specified in the filing
instructions. At the same time, the
student may file a separate TPS
application, but must submit the TPS
application according to the instructions
provided in the Federal Register Notice
designating Syria for TPS. Because the
student has already applied for
employment authorization under
student relief, the Form I–765 submitted
as part of the TPS application is without
fee and the applicant should not check
any of the boxes requesting a TPSrelated EAD. Again, the student will be
able to maintain F–1 status and TPS.
When a student applies simultaneously
for TPS status and benefits under this
notice, what is the minimum course
load requirement while an application
for employment authorization is
pending?
The student must maintain normal
course load requirements for a full
course of study unless or until he or she
is granted employment authorization
under this notice. TPS-related
employment authorization, by itself,
does not authorize a student to drop
below 12 credit hours. Once approved
for ‘‘severe economic hardship’’
employment authorization, the student
may drop below 12 credit hours (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)(6),
214.2(f)(5)(v), 214.2(f)(9)(i) and (ii).
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Federal Register / Vol. 77, No. 64 / Tuesday, April 3, 2012 / Notices
If a student has been approved for
employment authorization under TPS,
how does he or she apply for
authorization to take a reduced course
load under this notice?
There is no further application
process. The student only needs to
demonstrate economic hardship caused
by the March 1, 2011 civil unrest in
Syria to his or her DSO and receive the
DSO recommendation in SEVIS. No
other EAD will be issued.
Can a student who has been granted
TPS, and has allowed his or her F–1
status to lapse, apply for reinstatement
to F–1 student status?
Yes. Current regulations permit a
student who falls out of student status
to apply for reinstatement. See 8 CFR
214.2(f)(16). For example, this provision
would apply to a student who worked
on a TPS-related EAD or dropped his or
her course load before publication of
this notice, and therefore fell out of
student status. The student must satisfy
the criteria set forth in the student status
reinstatement regulations.
mstockstill on DSK4VPTVN1PROD with NOTICES
How long will this notice remain in
effect?
This notice grants temporary relief
until October 3, 2013 to a specific group
of F–1 students whose country of
citizenship is Syria. DHS will continue
to monitor the situation in Syria. Should
the special provisions authorized by this
notice need to be modified or extended,
DHS will announce such changes in the
Federal Register.
Paperwork Reduction Act
An F–1 student seeking off-campus
employment authorization due to severe
economic hardship must demonstrate to
the DSO at the school where he or she
is enrolled that this employment is
necessary to avoid severe economic
hardship. If the DSO agrees that the
student should receive such
employment authorization, he or she
must recommend application approval
to USCIS by entering information in the
remarks field of the student’s SEVIS
record. The authority to collect this
information is currently contained 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 F–1 students
whose country of citizenship is Syria
and who are experiencing severe
economic hardship as a direct result of
civil unrest in Syria since March 1,
2011, to obtain employment
authorization, work an increased
number of hours while school is in
session, and reduce their course load,
VerDate Mar<15>2010
16:19 Apr 02, 2012
Jkt 226001
while continuing to maintain their F–1
student status.
To apply for work authorization an F–
1 student must complete and submit
currently approved Form I–765
according to the instructions on the
form. The authority to collect the
information contained on the current
Form I–765 has previously been
approved by OMB under the Paperwork
Reduction Act (PRA) under 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.
Janet Napolitano,
Secretary.
[FR Doc. 2012–7960 Filed 4–2–12; 8:45 am]
BILLING CODE P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
[Internal Agency Docket No. FEMA–4061–
DR; Docket ID FEMA–2012–0002]
West Virginia; Major Disaster and
Related Determinations
Federal Emergency
Management Agency, DHS.
ACTION: Notice.
AGENCY:
Assistance Act, 42 U.S.C. 5121 et seq. (the
‘‘Stafford Act’’). Therefore, I declare that such
a major disaster exists in the State of West
Virginia.
In order to provide Federal assistance, you
are hereby authorized to allocate from funds
available for these purposes such amounts as
you find necessary for Federal disaster
assistance and administrative expenses.
You are authorized to provide Individual
Assistance and Public Assistance in the
designated areas and Hazard Mitigation
throughout the State. Consistent with the
requirement that Federal assistance is
supplemental, any Federal funds provided
under the Stafford Act for Public Assistance,
Hazard Mitigation, and Other Needs
Assistance will be limited to 75 percent of
the total eligible costs.
Further, you are authorized to make
changes to this declaration for the approved
assistance to the extent allowable under the
Stafford Act.
The time period prescribed for the
implementation of section 310(a),
Priority to Certain Applications for
Public Facility and Public Housing
Assistance, 42 U.S.C. 5153, shall be for
a period not to exceed six months after
the date of this declaration.
The Federal Emergency Management
Agency (FEMA) hereby gives notice that
pursuant to the authority vested in the
Administrator, under Executive Order
12148, as amended, Deanne Criswell, of
FEMA is appointed to act as the Federal
Coordinating Officer for this major
disaster.
The following areas of the State of
West Virginia have been designated as
adversely affected by this major disaster:
This is a notice of the
Presidential declaration of a major
disaster for the State of West Virginia
(FEMA–4061–DR), dated March 22,
2012, and related determinations.
DATES: Effective Date: March 22, 2012.
FOR FURTHER INFORMATION CONTACT:
Peggy Miller, Office of Response and
Recovery, Federal Emergency
Management Agency, 500 C Street SW.,
Washington, DC 20472, (202) 646–3886.
SUPPLEMENTARY INFORMATION: Notice is
hereby given that, in a letter dated
March 22, 2012, the President issued a
major disaster declaration under the
authority of the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act, 42 U.S.C. 5121 et seq.
(the ‘‘Stafford Act’’), as follows:
I have determined that the damage in
certain areas of the State of West Virginia
resulting from severe storms, flooding,
mudslides, and landslides beginning on
March 15, 2012, and continuing, is of
sufficient severity and magnitude to warrant
a major disaster declaration under the Robert
T. Stafford Disaster Relief and Emergency
Logan County for Individual Assistance.
Lincoln, Logan, and Mingo Counties for
Public Assistance.
All counties within the State of West
Virginia are eligible to apply for assistance
under the Hazard Mitigation Grant Program.
The following Catalog of Federal Domestic
Assistance Numbers (CFDA) are to be used
for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora
Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034,
Disaster Unemployment Assistance (DUA);
97.046, Fire Management Assistance Grant;
97.048, Disaster Housing Assistance to
Individuals and Households In Presidentially
Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance—
Disaster Housing Operations for Individuals
and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals
and Households—Other Needs; 97.036,
Disaster Grants—Public Assistance
(Presidentially Declared Disasters); 97.039,
Hazard Mitigation Grant.
W. Craig Fugate,
Administrator, Federal Emergency
Management Agency.
SUMMARY:
PO 00000
Frm 00048
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Sfmt 9990
[FR Doc. 2012–7930 Filed 4–2–12; 8:45 am]
BILLING CODE 9111–23–P
E:\FR\FM\03APN1.SGM
03APN1
]]>Agencies
[Federal Register Volume 77, Number 64 (Tuesday, April 3, 2012)]
[Notices]
[Pages 20038-20042]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-7960]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
[DHS Docket No. ICEB-2012-0002]
RIN 1653-ZA04
Employment Authorization for Syrian F-1 Nonimmigrant Students
Experiencing Severe Economic Hardship as a Direct Result of Civil
Unrest in Syria Since March 2011
AGENCY: U.S. Immigration and Customs Enforcement; DHS.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice announces that the Secretary of Homeland Security
(Secretary) has suspended certain regulatory requirements for F-1
nonimmigrant students whose country of citizenship is Syria and who are
experiencing severe economic hardship as a direct result of the civil
unrest in Syria since March 2011. The Secretary has determined that a
suspension of certain regulatory requirements for Syrian citizens who
are F-1 nonimmigrant students is warranted because it will provide
relief to these F-1 students so they may obtain 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 student status. F-1 students who are granted employment
authorization by means of this notice will be deemed to be engaged in a
``full course of study'' for the duration of their employment
authorization, provided that they satisfy the minimum course load
requirement described in this notice.
DATES: This notice is effective April 3, 2012 and will remain in effect
until October 3, 2013.
FOR FURTHER INFORMATION CONTACT: Louis Farrell, Director, Student and
Exchange Visitor Program; MS 5600, U.S. Immigration and Customs
Enforcement, 500 12th Street SW., Washington, DC 20536-5600; (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 of Homeland Security (Secretary) is exercising her
authority under 8 CFR 214.2(f)(9) to temporarily suspend the
applicability of certain requirements governing on-campus and off-
campus employment. F-1 students granted employment authorization by
means of this notice will be deemed to be engaged in a ``full course of
study'' for the duration of their employment authorization if they
satisfy the minimum course load set forth in this notice. See 8 CFR
214.2(f)(6)(i)(F).
Who is covered by this notice?
This notice applies exclusively to F-1 students whose country of
citizenship is Syria and who were lawfully present in the United States
in F-1 nonimmigrant status on April 3, 2012 under section
101(a)(15)(F)(i) of the Immigration and Nationality Act (INA), 8 U.S.C.
1101(a)(15)(F)(i) and (1) are enrolled in an institution that is
Student and Exchange Visitor Program (SEVP) certified for enrollment
for F-1 students; (2) are currently maintaining
[[Page 20039]]
F-1 status; and (3) are experiencing severe economic hardship as a
direct result of the civil unrest in Syria since March 2011.
This notice applies to both undergraduate and graduate students, as
well as elementary school, middle school, and high school students. F-1
students covered by this notice who transfer to other academic
institutions that are SEVP-certified for enrollment of F-1 students
remain eligible for the relief provided by means of this notice.
Why is DHS taking this action?
DHS is taking action to provide relief to F-1 students whose
country of citizenship is Syria and who are experiencing severe
economic hardship as a direct result of the civil unrest in Syria since
March 2011. These students may obtain 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 status.
The crisis in Syria and economic sanctions imposed by the
international community have negatively affected the whole of the
Syrian economy. Given the current conditions in Syria, affected
students whose primary means of financial support comes from Syria may
now need to be exempt from the normal student employment requirements
to be able to continue their studies in the United States and meet
basic living expenses. According to DHS records, there are over 500
students from Syria enrolled in the United States for the current
school year. The Secretary has determined, after consultation with
appropriate government agencies, including the Department of State
(DOS), that there exist extraordinary and temporary conditions in Syria
since at least March 2011 that prevent Syrian nationals from returning
to their home country in safety. The brutal government crackdown and
the overall lack of security have made it unfeasible for students to
safely return to Syria for the foreseeable future. To ameliorate the
hardship arising from the lack of financial support from family members
and others in Syria, and to facilitate the students' continued studies
in the United States, DHS is suspending the applicability of certain
requirements governing on-campus and off-campus employment.
What is the minimum course load requirement set forth in this notice?
Undergraduate students who are granted on-campus or off-campus
employment authorization under this notice must remain registered for a
minimum of six semester/quarter hours of instruction per academic term.
Graduate-level F-1 students who are granted on-campus or off-campus
employment authorization under this notice must remain registered for a
minimum of three semester/quarter hours of instruction per academic
term. See 8 CFR 214.2(f)(5)(v). In addition, F-1 students (both
undergraduate and 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 the student's course of study is in a
language study program. See 8 CFR 214.2(f)(6)(i)(G). Elementary school,
middle school, and high school students 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).
May Syrian F-1 students who already have on-campus or off-campus
employment authorization benefit from the suspension of regulatory
requirements under this notice?
Yes. Syrian F-1 students who already have on-campus or off-campus
employment authorization may benefit under this notice, which suspends
regulatory requirements relating to the minimum course load requirement
under 8 CFR 214.2(f)(6)(i)(A) and (B) and the employment eligibility
requirements under 8 CFR 214.2(f)(9) as specified in this notice. Such
Syrian F-1 students may benefit without having to apply for a new Form
I-766, Employment Authorization Document (EAD). To benefit from this
notice, the student must request that his or her designated school
official (DSO) enter the following statement in the remarks field of
the Student and Exchange Visitor Information System (SEVIS) student
record, which will be reflected on the student's Form I-20, Certificate
of Eligibility for Nonimmigrant (F-1) Student Status:
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
employment] until [DSO must insert the student's program end date,
October 3, 2013, or the current EAD expiration date (if the student
is currently working off campus), whichever date comes first.
Must the F-1 student apply for reinstatement after expiration of this
special employment authorization if the student reduces his or her full
course of study?
No. F-1 students who are granted employment authorization under
this notice will be deemed to be engaged in a ``full course of study''
for the duration of their employment authorization, provided that
qualifying undergraduate level F-1 students remain registered for a
minimum of six semester/quarter hours of instruction per academic term,
and qualifying graduate level F-1 students remain registered for a
minimum of three semester/quarter hours of instruction per academic
term. See 8 CFR 214.2(f)(5)(v) and (f)(6)(i)(F). Such students will not
be required to apply for reinstatement under 8 CFR 214.2(f)(16) if they
are otherwise maintaining F-1 status.
Will F-2 dependents (spouse or minor children) of F-1 students covered
by this notice be eligible to apply for employment authorization?
No. An F-2 spouse or minor child of an F-1 student is not
authorized to work in the United States and, therefore, may not accept
employment under the F-2 status. See 8 CFR 214.2(f)(15)(i).
Will the suspension of the applicability of the standard student
employment requirements apply to aliens who are granted an F-1 visa
after this notice is published in the Federal Register?
No. The suspension of the applicability of the standard regulatory
requirements only applies to those F-1 students whose country of
citizenship is Syria and who were lawfully present in the United States
in F-1 nonimmigrant status on April 3, 2012 under section
101(a)(15)(F)(i) of the INA, 8 U.S.C. 1101(a)(15)(F)(i) and (1) are
enrolled in an institution that is SEVP certified for enrollment of F-1
students; (2) are currently maintaining F-1 status; and (3) are
experiencing severe economic hardship as a direct result of the civil
unrest in Syria. F-1 students who do not meet these requirements do not
qualify for the suspension of the applicability of the standard
regulatory requirements, even if they are experiencing severe economic
hardship as a direct result of the civil unrest in Syria since March
2011.
[[Page 20040]]
Does this notice apply to an F-1 student who departs the United States
after this notice is published in the Federal Register and who needs to
obtain a new F-1 visa before he or she may return to the United States
to continue his or her educational programs?
Yes, provided that the DSO has properly notated the student's SEVIS
record, which will then appear on the student's Form I-20. Subject to
the specific terms of this notice, the normal rules for visa issuance
(including those related to public charge and nonimmigrant intent)
remain applicable to nonimmigrants that need to apply for a new F-1
visa in order to continue their educational programs in the United
States.
Does this notice apply to elementary school, middle school, and high
school students in F-1 status?
Yes. But this notice does not reduce the required course load for
elementary school, middle school, or high school students in F-1
status. Such students must maintain the minimum number of hours of
class attendance per week prescribed by the school for normal progress
toward graduation. See 8 CFR 214.2(f)(6)(i)(E). Eligible F-1 students
from Syria 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. With regard to off-campus employment,
elementary school, middle school, and high school students benefit from
the suspension of the requirement that a student must have been in F-1
status for one full academic year in order to be eligible for off-
campus employment and the requirement that limits a student's work
authorization to no more than 20 hours per week of off-campus
employment while school is in session. DHS notes, however, that the
suspension of these requirements is solely for DHS purposes of
determining valid F-1 status. Nothing in this notice affects the
applicability of federal and state labor laws limiting the employment
of minors. The suspension of certain regulatory requirements related to
employment through this notice is applicable to all eligible F-1
students--regardless of educational level--as required by the
regulations at 8 CFR 214.2(f)(9)(i) and (f)(9)(ii).
On-Campus Employment Authorization
Will F-1 students who are granted on-campus employment authorization
under this notice be authorized to work more than 20 hours per week
while school is in session?
Yes. For F-1 students 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 student's on-campus employment to 20 hours per week
while school is in session. A student whose country of citizenship is
Syria and who is experiencing severe economic hardship as result of
civil unrest in Syria since March 1, 2011 is authorized to work more
than 20 hours per week while school is in session if his or her DSO has
entered the following statement in the remarks field of the SEVIS
student 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
employment] until [DSO must insert the student's program end date or
October 3, 2013, whichever date comes first].
To obtain on-campus employment authorization, the student must
demonstrate to his or her DSO that the employment is necessary to avoid
severe economic hardship that is directly resulting from the civil
unrest in Syria. A student authorized by his or her DSO to engage in
on-campus employment by means of this notice does not need to make any
filing with U.S. Citizenship and Immigration Services (USCIS). The
standard rules permitting fulltime work on-campus when school is not in
session or during school vacations apply. See 8 CFR 214.2(f)(9)(i).
Will F-1 students who are granted on-campus employment authorization
under this notice be authorized to reduce their normal course load and
still maintain their F-1 nonimmigrant status?
Yes. F-1 students who are granted on-campus employment
authorization under this notice will be deemed to be engaged in a
``full course of study'' for the purpose of maintaining their F-1
status for the duration of their on-campus employment if they satisfy
the minimum course load requirement described in this notice. See 8 CFR
214.2(f)(6)(i)(F). However, the authorization for reduced course load
is solely for DHS purposes of determining valid F-1 status. Nothing in
this notice mandates that a school allow a student to take a reduced
course load if the reduction would not meet the school's minimum course
load requirement for continued enrollment.\1\
---------------------------------------------------------------------------
\1\ Minimum course load requirement for enrollment in a school
must be established in a publicly available document (e.g., catalog,
Web site, or operating procedure), and it must be a standard
applicable to all students (U.S. citizens and foreign students)
enrolled at the school.
---------------------------------------------------------------------------
Off-Campus Employment Authorization
What regulatory requirements does this notice temporarily suspend
relating to off-campus employment?
For F-1 students 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 status for
one full academic year in order to be eligible for off-campus
employment;
(b) The requirement that an F-1 student must demonstrate that
acceptance of employment will not interfere with the student's carrying
a full course of study; and
(c) The requirement that limits a student's work authorization to
no more than 20 hours per week of off-campus employment while school is
in session.
Will F-1 students who are granted off-campus employment authorization
under this notice be authorized to reduce their normal course load and
still maintain their F-1 nonimmigrant status?
Yes. F-1 students who are granted employment authorization by means
of this notice will be deemed to be engaged in a ``full course of
study'' for purpose of maintaining their F-1 status for the duration of
their employment authorization if they satisfy the minimum course load
requirement described in this notice. See 8 CFR 214.2(f)(6)(i)(F).
However, the authorization for reduced course load is solely for DHS
purposes of determining valid F-1 status. Nothing in this notice
mandates that a school allow a student to take reduced course load if
such reduced course load would not meet the school's minimum course
load requirement.\2\
---------------------------------------------------------------------------
\2\ Minimum course load requirement for enrollment in a school
must be established in a publicly available document (e.g., catalog,
Web site, or operating procedure), and it must be a standard
applicable to all students (U.S. citizens and foreign students)
enrolled at the school.
---------------------------------------------------------------------------
[[Page 20041]]
How may Syrian F-1 students obtain employment authorization for off-
campus employment with a reduced course load under this notice?
F-1 students must file a Form I-765 Application for Employment
Authorization with USCIS if they wish to apply for off-campus
employment authorization based on severe economic hardship resulting
from the civil unrest in Syria since March 1, 2011. Filing instructions
are located at: https://www.uscis.gov/i-765.
Fee considerations. Submission of a Form I-765 currently requires
payment of a $380 fee. If the applicant is unable to pay the fee, he or
she may submit a completed Form I-912, Request for Fee Waiver, along
with the Form I-765 Application for Employment Authorization. The
applicant must follow all form instructions associated with the Form I-
912, which are available at: https://www.uscis.gov/feewaiver. The
submission must include an explanation of why he or she should be
granted the fee waiver and the reasons for his or her inability to pay.
See 8 CFR 103.7(c).
Supporting documentation. An F-1 student seeking off-campus
employment authorization due to severe economic hardship must
demonstrate to the DSO at the school where the F-1 student is enrolled
that this employment is necessary to avoid severe economic hardship and
that the hardship is resulting from the civil unrest in Syria since
March 1, 2011. If the DSO agrees that the student should receive such
employment authorization, he or she 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 the 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 October
3, 2013, whichever date comes first.
The student must then file the properly endorsed Form I-20 and Form
I-765, according to the instructions for the Form I-765. The student
may begin working off campus only upon receipt of the EAD from USCIS.
DSO recommendation. In making a recommendation that a student be
approved for Special Student Relief, the DSO certifies that:
(a) The student is in good academic standing as determined by the
DSO;
(b) The student is a citizen of Syria and is experiencing severe
economic hardship as a direct result of the civil unrest in Syria since
March 1, 2011, as documented on the Form I-20;
(c) The student is carrying a full course of study at the time of
the request for employment authorization;
(d) The student will be registered for the duration of his or her
authorized employment for a minimum of six semester or quarter hours of
instruction per academic term if the student is 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;
and
(e) The off-campus employment is necessary to alleviate severe
economic hardship to the individual caused by the civil unrest in Syria
since March 1, 2011.
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 student should:
(a) ensure that the application package includes: (1) A completed
Form I-765; (2) the required fee or properly documented fee waiver
request as defined in 8 CFR 103.7(c); 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.'' Failure to include this notation may result
in significant processing delays. If USCIS approves the student's Form
I-765, the USCIS official will send the student a Form I-766 EAD as
evidence of his or her employment authorization. The EAD will contain
an expiration date that does not exceed the student's program end date.
Temporary Protected Status Considerations
Can an F-1 student apply for Temporary Protected Status and for
benefits under this notice at the same time?
Yes. An F-1 student who has not yet applied for Temporary Protected
Status (TPS) or for student relief under this notice has two options.
Under the first option, the student may file the TPS application
according to the instructions in the Federal Register Notice
designating Syria for TPS. See 77 FR 19026, March 29, 2012.
All TPS applicants must file a Form I-821 Application for Temporary
Protected Status, along with Form I-765, even if the applicants are not
seeking employment authorization under TPS. The fee (or a properly
documented fee waiver request) for Form I-765 is required only if the
applicant is seeking employment authorization under TPS. See 8 CFR
244.6. If the student files a TPS application and requests employment
authorization under TPS, once the student receives the TPS-related EAD,
the student may request that his or her DSO make the required entry in
SEVIS, issue an updated Form I-20, as described in this notice, and
note that the student has been authorized to carry a reduced course
load and is working pursuant to a TPS-related EAD. So long as the
student maintains the minimum course load described in this notice,
does not otherwise violate his or her nonimmigrant status as provided
under 8 CFR 214.1(g), and maintains his or her TPS, then the student
maintains F-1 status and TPS concurrently. Under the second option, the
student may apply for an EAD under student relief. In this instance,
Form I-765 must be filed with the location specified in the filing
instructions. At the same time, the student may file a separate TPS
application, but must submit the TPS application according to the
instructions provided in the Federal Register Notice designating Syria
for TPS. Because the student has already applied for employment
authorization under student relief, the Form I-765 submitted as part of
the TPS application is without fee and the applicant should not check
any of the boxes requesting a TPS-related EAD. Again, the student will
be able to maintain F-1 status and TPS.
When a student applies simultaneously for TPS status and benefits under
this notice, what is the minimum course load requirement while an
application for employment authorization is pending?
The student must maintain normal course load requirements for a
full course of study unless or until he or she is granted employment
authorization under this notice. TPS-related employment authorization,
by itself, does not authorize a student to drop below 12 credit hours.
Once approved for ``severe economic hardship'' employment
authorization, the student may drop below 12 credit hours (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)(6),
214.2(f)(5)(v), 214.2(f)(9)(i) and (ii).
[[Page 20042]]
If a student has been approved for employment authorization under TPS,
how does he or she apply for authorization to take a reduced course
load under this notice?
There is no further application process. The student only needs to
demonstrate economic hardship caused by the March 1, 2011 civil unrest
in Syria to his or her DSO and receive the DSO recommendation in SEVIS.
No other EAD will be issued.
Can a student who has been granted TPS, and has allowed his or her F-1
status to lapse, apply for reinstatement to F-1 student status?
Yes. Current regulations permit a student who falls out of student
status to apply for reinstatement. See 8 CFR 214.2(f)(16). For example,
this provision would apply to a student who worked on a TPS-related EAD
or dropped his or her course load before publication of this notice,
and therefore fell out of student status. The student must satisfy the
criteria set forth in the student status reinstatement regulations.
How long will this notice remain in effect?
This notice grants temporary relief until October 3, 2013 to a
specific group of F-1 students whose country of citizenship is Syria.
DHS will continue to monitor the situation in Syria. Should the special
provisions authorized by this notice need to be modified or extended,
DHS will announce such changes in the Federal Register.
Paperwork Reduction Act
An F-1 student seeking off-campus employment authorization due to
severe economic hardship must demonstrate to the DSO at the school
where he or she is enrolled that this employment is necessary to avoid
severe economic hardship. If the DSO agrees that the student should
receive such employment authorization, he or she must recommend
application approval to USCIS by entering information in the remarks
field of the student's SEVIS record. The authority to collect this
information is currently contained 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 F-1 students whose country of citizenship
is Syria and who are experiencing severe economic hardship as a direct
result of civil unrest in Syria since March 1, 2011, to obtain
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 student status.
To apply for work authorization an F-1 student must complete and
submit currently approved Form I-765 according to the instructions on
the form. The authority to collect the information contained on the
current Form I-765 has previously been approved by OMB under the
Paperwork Reduction Act (PRA) under 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.
Janet Napolitano,
Secretary.
[FR Doc. 2012-7960 Filed 4-2-12; 8:45 am]
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