Employment Authorization for Nepali F-1 Students Experiencing Severe Economic Hardship as a Direct Result of the April 25, 2015 Earthquake in the Federal Democratic Republic of Nepal, 69237-69241 [2015-28360]

Download as PDF Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Notices 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. DEPARTMENT OF HOMELAND SECURITY W. Craig Fugate, Administrator, Federal Emergency Management Agency. Employment Authorization for Nepali F–1 Students Experiencing Severe Economic Hardship as a Direct Result of the April 25, 2015 Earthquake in the Federal Democratic Republic of Nepal [FR Doc. 2015–28375 Filed 11–6–15; 8:45 am] BILLING CODE 9111–23–P [Docket No. ICEB–XXXX] RIN 1653–ZA09 DEPARTMENT OF HOMELAND SECURITY U.S. Immigration and Customs Enforcement; Department of Homeland Security. ACTION: Notice. Federal Emergency Management Agency SUMMARY: AGENCY: [Internal Agency Docket No. FEMA–4241– DR; Docket ID FEMA–2015–0002] South Carolina; Amendment No. 9 to Notice of a Major Disaster Declaration Federal Emergency Management Agency, DHS. AGENCY: ACTION: Notice. This notice amends the notice of a major disaster declaration for the State of South Carolina (FEMA–4241– DR), dated October 5, 2015, and related determinations. SUMMARY: DATES: Effective Date: October 23, 2015. FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646–2833. Notice is hereby given that the incident period for this disaster is closed effective October 23, 2015. srobinson on DSK5SPTVN1PROD with NOTICES SUPPLEMENTARY INFORMATION: 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. [FR Doc. 2015–28372 Filed 11–6–15; 8:45 am] BILLING CODE 9111–23–P VerDate Sep<11>2014 19:52 Nov 06, 2015 Jkt 238001 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 the Federal Democratic Republic of Nepal (hereinafter ‘‘Nepal’’) and who are experiencing severe economic hardship as a direct result of the earthquake in the Federal Democratic Republic of Nepal on April 25, 2015. The Secretary is taking action to provide relief to these Nepali citizens who are F–1 students so they 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 student status. The Department of Homeland Security (DHS) will deem an F–1 student who receives employment authorization by means of this notice to be engaged in a ‘‘full course of study’’ for the duration of the employment authorization, if the student satisfies the minimum course load requirement described in this notice. This notice is effective November 9, 2015 and will remain in effect until December 24, 2016. FOR FURTHER INFORMATION CONTACT: Louis Farrell, Director, Student and Exchange Visitor Program; U.S. Immigration and Customs Enforcement, 500 12th Street SW., Stop 5600, Washington, DC 20536–5600; email: sevp@ice.dhs.gov, telephone: (703) 603– 3400. This is not a toll-free number. Program information is available at https://www.ice.gov/sevis/. SUPPLEMENTARY INFORMATION: DATES: What action is DHS taking under this notice? The Secretary is exercising his authority under 8 CFR 214.2(f)(9) to temporarily suspend the applicability of certain requirements governing oncampus and off-campus employment for PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 69237 F–1 nonimmigrant students whose country of citizenship is the Federal Democratic Republic of Nepal (Nepal) and who are experiencing severe economic hardship as a direct result of the earthquake in Nepal on April 25, 2015. DHS will deem an F–1 student granted employment authorization by means of this notice to be engaged in a ‘‘full course of study’’ for the duration of the employment authorization, if the student satisfies 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 nonimmigrant students who meet all of the following conditions: (1) Are a citizen of Nepal; (2) Was lawfully present in the United States in F–1 nonimmigrant status on April 25, 2015, 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 a school that is Student and Exchange Visitor Program (SEVP)-certified for enrollment for F–1 students; (4) Are currently maintaining F–1 status; and (5) Are experiencing severe economic hardship as a direct result of the damage caused by the earthquake of April 25, 2015. This notice applies to undergraduate and graduate students, private kindergarten through grade 12 (K–12) students, and public and private high school students. An F–1 student covered by this notice who transfers to another school that is SEVP-certified for enrollment of F–1 students 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 the Nepali F–1 students experiencing severe economic hardship as a direct result of the earthquake in Nepal in April 2015. These 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 status. The April 25th 7.8 magnitude earthquake and its aftershocks caused enormous damage in Nepal’s vulnerable urban areas, as well as to its rural areas that are difficult to access because of the mountainous terrain and limited numbers of undamaged roads. The earthquake has negatively affected the whole economy of Nepal. Approximately 25 to 33 percent of Nepal’s population of over 8 million E:\FR\FM\09NON1.SGM 09NON1 69238 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Notices people in 39 of Nepal’s 75 districts have been affected by the earthquake and its aftershocks, which caused over 8,000 fatalities and more than 17,000 injuries, displacing over 2.8 million people from their homes. The country’s critical infrastructure was severely damaged, and many government offices, schools, businesses, and hospitals were completely destroyed. Food security is jeopardized with over 3.5 million people estimated to be in need of food assistance. Displaced persons have varying access to basic services, such as shelter, water, sanitation, and hygiene, as well as medical care. At least 950,000 children in Nepal are at risk of being unable to return to school because their schools have been destroyed, damaged, or are being used as temporary shelters. The institutional capacity of the Nepali government to respond to the immediate effects of the earthquake is inadequate, and the Government of Nepal has issued a $2 billion appeal for the Nepal Reconstruction and Rehabilitation Fund. Approximately 9326F–1 students from Nepal are enrolled in courses at U. S. schools as of September 19, 2015. Given the extent of the destruction and humanitarian challenges in Nepal, affected students whose primary means of financial support comes from Nepal now may need to be exempt from the normal student employment requirements to continue their studies in the United States. The widespread disaster has made it unfeasible for many students to safely return to Nepal for the foreseeable future. Without employment authorization, these students may lack the means to meet basic living expenses. srobinson on DSK5SPTVN1PROD with NOTICES What is the minimum course load requirement set forth in this notice? Undergraduate students who receive on-campus or off-campus employment authorization under this notice must remain registered for a minimum of six credit hours of instruction per academic semester.1 A graduate-level F–1 student who receives on-campus or off-campus employment authorization under this notice must remain registered for a minimum of three credit hours of instruction per academic semester. See 8 CFR 214.2(f)(5)(v). In addition, an F–1 student (either undergraduate or graduate) granted oncampus or off-campus employment authorization under this notice may count up to the equivalent of one course or three credits per semester of online 1 Undergradudate 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.’’ VerDate Sep<11>2014 19:52 Nov 06, 2015 Jkt 238001 or distance education toward satisfying this minimum course load requirement, unless the student’s course of study is in an English language study program. See 8 CFR 214.2(f)(6)(i)(G). At an elementary, middle, or high school, an F–1 student 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 an eligible F–1 student who already has on-campus or off-campus employment authorization benefit from the suspension of regulatory requirements under this notice? Yes. A Nepali F–1 student who already has 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 an eligible F–1 student 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’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 ‘‘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, December 24, 2016, or the current EAD expiration date (if the student is currently authorized off-campus employment), 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. DHS will deem an F–1 student who receives employment authorization under this notice to be engaged in a ‘‘full course of study’’ for the duration of the employment authorization, provided that a qualifying undergraduate level F–1 student remains registered for a minimum of six credit hours of instruction per academic PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 semester and a qualifying graduate level F–1 student remains registered for a minimum of three credit hours of instruction per academic semester. See 8 CFR 214.2(f)(5)(v) and (f)(6)(i)(F). DHS will not require such students to apply for reinstatement under 8 CFR 214.2(f)(16) if otherwise maintaining F– 1 status. Will an F–2 dependent (spouse or minor child) of an F–1 student covered by this notice be eligible to apply for employment authorization? No. An F–2 spouse or minor child of an F–1 student does not have authorization 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 an alien who receives an F–1 visa after publication of this notice in the Federal Register? No. The suspension of the applicability of the standard regulatory requirements only applies to those F–1 students who meet the following conditions: (1) Are a citizen of Nepal; (2) Was lawfully present in the United States in F–1 nonimmigrant status on April 25, 2015, under section 101(a)(15)(F)(i) of the INA, 8 U.S.C. 1101(a)(15)(F)(i); (3) Are enrolled in a school that is SEVP-certified for enrollment for F–1 students; (4) Are currently maintaining F–1 status; and (5) Are experiencing severe economic hardship as a direct result of the damage caused by the earthquake of April 25, 2015. Even if experiencing severe economic hardship as a direct result of the damage caused by the earthquake, an F–1 student who does not meet all of these requirements is ineligible for the suspension of the applicability of the standard regulatory requirements. Does this notice apply to an F–1 student who departs the United States after publication 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 a 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. Subject to the specific terms of this notice, the normal rules for visa issuance (including those related to public charge and E:\FR\FM\09NON1.SGM 09NON1 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Notices nonimmigrant intent) remain applicable to a nonimmigrant that needs to apply for a new F–1 visa to continue an educational program in the United States. srobinson on DSK5SPTVN1PROD with NOTICES Does this notice apply to elementary school, middle school, and high school students in F–1 status? Yes. However, this notice does not reduce the required course load for elementary school, middle school, or high school F–1 students. Such Nepali 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). 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). Eligible F–1 students from Nepal 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. Nothing in this notice affects the applicability of federal and state labor laws limiting the employment of minors. Does this notice apply to a student in an English as a Second Language (ESL) program in F–1 status? Yes. However special conditions apply to credit hour programs and clock hour programs, given the varied nature and structure of ESL programs. (1) Credit Hour Programs. For an ESL program with a course load measured in credit hours, an eligible F–1 student may take a reduced course load. This amount must always be, at minimum, six credit hours of instruction per academic semester at the undergraduate level not less than three credit hours of instruction per academic semester at the graduate level. See 8 CFR 214.2(f)(6)(iii). Additionally, an eligible F–1 student must continue to make progress toward completing the course of study. See 8 CFR 214.2(f)(5)(v). (2) Clock Hour Programs. An eligible F–1 student may take a reduced course load for an ESL program with a course load measured in clock hours. This amount always must be at least half of what constitutes a normal ‘‘full course of study’’ for the student. See 8 CFR 214.2(f)(6)(iii). For programs where the dominant part of the course of study consists of classroom instruction, the reduced course load must consist of a minimum of nine hours of instruction per week. For programs where the VerDate Sep<11>2014 19:52 Nov 06, 2015 Jkt 238001 dominant part of the course of study consists of laboratory instruction, the reduced course load must consist of a minimum of eleven hours of instruction per week. See 8 CFR 214.2(f)(6)(iii) The student also must continue to make progress toward completing the course of study. See 8 CFR 214.2(f)(5)(v). In general, an eligible student who takes a reduced course load must accomplish the reduced course load by taking at least half of what would constitute a normal ‘‘full course of study’’ for the student. For example, an eligible student taking two or more classes per semester for 20 hours a week may take a reduced course load, but only if the student continues to attend class and the resultant total clock hour amount is at least half of what would constitute a normal ‘‘full course of study’’ for the student. In this case, if a normal full course load for the student is 20 hours a week, an eligible student may reduce his or her course load to no less than 10 hours a week. If this program offers two courses per semester, one for 15 hours and one for five hours, the student may only drop the five-hour class. The student may not seek to artificially remove hours from the 15-hour course to get as close as possible to the 10-hour lower limit. An eligible student may reduce courses in their entirety but may not seek to reduce hours from a course. In all instances, an eligible student receives full-time employment authorization. On-Campus Employment Authorization Will an F-1 student who receives oncampus employment authorization under this notice have authorization to work more than 20 hours per week while school is in session? Yes. For an F–1 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 student’s on-campus employment to 20 hours per week while school is in session. An eligible 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 SEVIS student record, which will appear 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 December 24, 2016, whichever date comes first]. PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 69239 To obtain on-campus employment authorization, the student must demonstrate to the DSO that the employment is necessary to avoid severe economic hardship directly resulting from the damage caused by the earthquake in Nepal on April 25, 2015. A student authorized by the 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 full-time work on-campus when school is not in session or during school vacations apply. See 8 CFR 214.2(f)(9)(i). Will an F-1 student who receives oncampus employment authorization under this notice have authorization to reduce the normal course load and still maintain his or her F¥1 student status? Yes. DHS will deem an F–1 student who receives on-campus employment authorization under this notice to be engaged in a ‘‘full course of study’’ for the purpose of maintaining their F–1 status for the duration of the on-campus employment, if the student satisfies the minimum course load requirement described in this notice. See 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 status. Nothing in this notice mandates that school officials 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.2 Off-Campus Employment Authorization What regulatory requirements does this notice temporarily suspend relating to off-campus employment? For an F–1 student covered by this notice, as provided under 8 CFR 214.2(f)(9)(ii)(A), the Secretary is suspending the following regulatory requirements relating to off-campus employment: (a) The requirement that a student must have been in F–1 status for one full academic year to be eligible for offcampus 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 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. E:\FR\FM\09NON1.SGM 09NON1 69240 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Notices than 20 hours per week of off-campus employment while school is in session. srobinson on DSK5SPTVN1PROD with NOTICES Will an F-1 student who receives offcampus 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 student who receives off-campus employment authorization by means of this notice to be engaged in a ‘‘full course of study’’ for the purpose of maintaining F–1 status for the duration of employment authorization if the student satisfies the minimum course load requirement described in this notice. See 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 status. Nothing in this notice mandates that school officials allow a student to take a reduced course load if such a reduced course load would not meet the school’s minimum course load requirement. How may an eligible F-1 student obtain employment authorization for offcampus employment with a reduced course load under this notice? An F–1 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 resulting from the April 25, 2015 earthquake in Nepal. Filing instructions are at https://www.uscis.gov/i-765. Fee considerations. Submission of a Form I–765 currently requires payment of a $380 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. See www.uscis.gov/feewaiver. The submission must include an explanation of why USCIS should grant the fee waiver and the reasons for the student’s 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 the following to the student’s DSO: (1) This employment is necessary to avoid severe economic hardship; and (2) The hardship is resulting from the April 25, 2015 earthquake in Nepal. If the DSO agrees that the student should 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 the student’s Form I–20: Recommended for off-campus employment authorization in excess of 20 hours per week VerDate Sep<11>2014 19:52 Nov 06, 2015 Jkt 238001 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 student’s program end date or December 24, 2016, whichever date comes first]. The EAD will contain an expiration date that does not exceed the end of the granted temporary relief. 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 the following: (a) The student is in good academic standing as determined by the DSO; (b) The student is a citizen of Nepal and is experiencing severe economic hardship as a direct result of the damage caused by the earthquake on April 25, 2015, 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 has confirmed that he or she will comply with the reduced course load requirements of 8 CFR 214.2(f)(6)(iii) and register for the duration of the authorized employment for a minimum of six credit hours of instruction per academic semester if the student is at the undergraduate level or for a minimum of three credit hours of instruction per academic semester 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 April 25, 2015 earthquake in Nepal. 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 do both of the following: (a) Ensure that the application package includes all of the following documents: (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, a USCIS official will send the student an EAD as evidence of the student’s employment authorization. Can an F-1 student apply for TPS and for benefits under this notice at the same time? PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 Temporary Protected Status (TPS) Considerations Yes. An F–1 student who has not yet applied for 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 Nepal for TPS. See 80 FR 36346, June 24, 2015. All TPS applicants must file a Form I–821, Application for Temporary Protected Status, and Form I–765, regardless of whether they are seeking employment authorization under TPS. The fee (or a properly documented fee waiver request) for the Form I–765 is necessary only if the applicant is seeking employment authorization under TPS. See 8 CFR 244.6. After receiving the TPS-related EAD, a student who files a TPS application and requests employment authorization under TPS may ask the DSO to take the following steps: (1) Make the required entry in SEVIS; (2) Issue an updated Form I–20 as described in this notice; and (3) Note that the student has authorization to carry a reduced course load and is working pursuant to a TPSrelated EAD. A student concurrently maintains F– 1 status and TPS if he or she maintains the minimum course load described in this notice, does not otherwise violate his or her F–1 status as provided under 8 CFR 214.1(g), and maintains his or her TPS. Under the second option, the student may apply for an EAD under student relief. In this instance, the student must file the Form I–765 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 filing according to the instructions provided in the Federal Register notice designating Nepal for TPS. Because the student already has applied for employment authorization under student relief, the Form I–765 submitted as part of the TPS application is without fee. The student should not check any of the boxes requesting a TPS-related EAD when filling-out Form I–821. Again, the student will be able to maintain F–1 status and TPS. E:\FR\FM\09NON1.SGM 09NON1 Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Notices 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 the student receives employment authorization under this notice. TPSrelated 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 credit hours of instruction per academic semester if the student is at the undergraduate level, or for a minimum of three credit hours of instruction per academic semester 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). srobinson on DSK5SPTVN1PROD with NOTICES How does a student who has received approval for employment authorization under TPS then apply for authorization to take a reduced course load under this notice? There is no further application process. The student only needs to demonstrate to the DSO the economic hardship caused by the damage caused by the April 25, 2015 earthquake in Nepal and receive the DSO recommendation in SEVIS. The DSO’s recommendation in SEVIS will enable the student with TPS to reduce his or her course load without violating his or her F status. USCIS will not issue any other EAD. Can a student who has been granted TPS apply for reinstatement to F-1 student status after his or her F-1 status has lapsed? A student whose F–1 status lapses after he or she is granted TPS may apply for reinstatement to F–1 student status if the student meets the requirements of 8 CFR 214.2(f)(16). For example, to qualify for reinstatement, the student will be required to establish that his or her violation of F–1 status resulted from circumstances beyond the student’s control such as serious injury or illness or, rather than a pattern of repeated violations. How long will this notice remain in effect? This notice grants temporary relief until December 24, 2016, to eligible F– 1 students. DHS will continue to monitor the situation in Nepal. Should the special provisions authorized by this VerDate Sep<11>2014 19:52 Nov 06, 2015 Jkt 238001 notice need modification or extension, DHS will announce such changes in the Federal Register. Paperwork Reduction Act (PRA) An F–1 student seeking off-campus employment authorization due to severe economic hardship must demonstrate to the student’s DSO that this employment is necessary to avoid severe economic hardship. A DSO who agrees that the student should receive such employment authorization 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 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 student to request employment authorization, work an increased number of hours while school is in session, and reduce his or her course load while continuing to maintain F–1 student status. To apply for work authorization, an F–1 student 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 Paperwork Reduction Act (PRA). (OMB Control No. 1615–0040). Although there will be a slight increase in the number of Form I–765 filings because of this notice, the number of filings currently contained in the OMB annual inventory for Form I–765 is sufficient to cover the additional filings. Accordingly, there is no further action required under the PRA. Jeh Charles Johnson, Secretary of Homeland Security. [FR Doc. 2015–28360 Filed 11–6–15; 8:45 am] BILLING CODE 9111–28–P DEPARTMENT OF HOMELAND SECURITY [Docket No. DHS–2015–0074] Agency Information Collection Activities: CISOMB Customer Satisfaction and Needs Assessment Survey (Ombudsman Form DHS— NEW) Office of the Citizenship and Immigration Services Ombudsman (CISOMB), DHS. ACTION: 60-Day notice and request for comments; New Collection, 1601— NEW. AGENCY: PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 69241 The Department of Homeland Security, Office of the Citizenship and Immigration Services Ombudsman, will submit the following Information Collection Request (ICR) to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104–13, 44 U.S.C. Chapter 35). DATES: Comments are encouraged and will be accepted until January 8, 2016. This process is conducted in accordance with 5 CFR 1320.1. ADDRESSES: You may submit comments, identified by docket number DHS– 2015–0074 by one of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Please follow the instructions for submitting comments. • Email: dhs.pra@hq.dhs.gov. Please include docket number DHS–2015–0074 in the subject line of the message. SUPPLEMENTARY INFORMATION: The Citizenship and Immigration Services (CIS) Ombudsman was created under section 452 of the Homeland Security Act of 2002 (Pub. L. 107–296) to: (1) Assist individuals and employers in resolving problems with the U.S. Citizenship and Immigration Services (USCIS); (2) identify areas in which individuals and employers have problems in dealing with USCIS; and (3) propose changes, to the extent possible, in the administrative practices of USCIS to mitigate problems. The information collected on this form will allow the CIS Ombudsman to obtain feedback from the general public to assess the needs of customers and to identify improvement opportunities for Ombudsman services. The data collection instrument does not solicit or collect Personally Identifiable Information (PII). The use of this survey provides the most efficient means for collecting and processing the required data. In the future, the Ombudsman will employ the use of information technology in collecting and processing this information by offering the option to complete the survey online. Per PRA requirements, a fillable PDF version of the survey will continue to be provided on the Ombudsman’s Web site. The survey can be completed in PDF format, and faxed or sent as an attachment by email or in paper format by regular mail to the Ombudsman’s office at the address indicated on the survey. After approval of the survey detailed in this supporting statement, the online survey will be posted on the Ombudsman’s Web site at https://www.dhs.gov/topic/ cis-ombudsman. SUMMARY: E:\FR\FM\09NON1.SGM 09NON1

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[Federal Register Volume 80, Number 216 (Monday, November 9, 2015)]
[Notices]
[Pages 69237-69241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28360]


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DEPARTMENT OF HOMELAND SECURITY

[Docket No. ICEB-XXXX]
RIN 1653-ZA09


Employment Authorization for Nepali F-1 Students Experiencing 
Severe Economic Hardship as a Direct Result of the April 25, 2015 
Earthquake in the Federal Democratic Republic of Nepal

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

ACTION: Notice.

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SUMMARY: This notice announces that the Secretary of Homeland Security 
(Secretary) has suspended certain regulatory requirements for F-1 
nonimmigrant students whose country of citizenship is the Federal 
Democratic Republic of Nepal (hereinafter ``Nepal'') and who are 
experiencing severe economic hardship as a direct result of the 
earthquake in the Federal Democratic Republic of Nepal on April 25, 
2015.
    The Secretary is taking action to provide relief to these Nepali 
citizens who are F-1 students so they 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 student status. The Department of Homeland Security (DHS) 
will deem an F-1 student who receives employment authorization by means 
of this notice to be engaged in a ``full course of study'' for the 
duration of the employment authorization, if the student satisfies the 
minimum course load requirement described in this notice.

DATES: This notice is effective November 9, 2015 and will remain in 
effect until December 24, 2016.

FOR FURTHER INFORMATION CONTACT: Louis Farrell, Director, Student and 
Exchange Visitor Program; U.S. Immigration and Customs Enforcement, 500 
12th Street SW., Stop 5600, Washington, DC 20536-5600; email: 
sevp@ice.dhs.gov, telephone: (703) 603-3400. This is not a toll-free 
number. Program information is available at https://www.ice.gov/sevis/.

SUPPLEMENTARY INFORMATION:

What action is DHS taking under this notice?

    The Secretary is exercising his 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 the Federal Democratic 
Republic of Nepal (Nepal) and who are experiencing severe economic 
hardship as a direct result of the earthquake in Nepal on April 25, 
2015. DHS will deem an F-1 student granted employment authorization by 
means of this notice to be engaged in a ``full course of study'' for 
the duration of the employment authorization, if the student satisfies 
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 nonimmigrant students who 
meet all of the following conditions:
    (1) Are a citizen of Nepal;
    (2) Was lawfully present in the United States in F-1 nonimmigrant 
status on April 25, 2015, 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 a school that is Student and Exchange Visitor 
Program (SEVP)-certified for enrollment for F-1 students;
    (4) Are currently maintaining F-1 status; and
    (5) Are experiencing severe economic hardship as a direct result of 
the damage caused by the earthquake of April 25, 2015.
    This notice applies to undergraduate and graduate students, private 
kindergarten through grade 12 (K-12) students, and public and private 
high school students. An F-1 student covered by this notice who 
transfers to another school that is SEVP-certified for enrollment of F-
1 students 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 the Nepali F-1 students 
experiencing severe economic hardship as a direct result of the 
earthquake in Nepal in April 2015. These 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 status.
    The April 25th 7.8 magnitude earthquake and its aftershocks caused 
enormous damage in Nepal's vulnerable urban areas, as well as to its 
rural areas that are difficult to access because of the mountainous 
terrain and limited numbers of undamaged roads. The earthquake has 
negatively affected the whole economy of Nepal. Approximately 25 to 33 
percent of Nepal's population of over 8 million

[[Page 69238]]

people in 39 of Nepal's 75 districts have been affected by the 
earthquake and its aftershocks, which caused over 8,000 fatalities and 
more than 17,000 injuries, displacing over 2.8 million people from 
their homes. The country's critical infrastructure was severely 
damaged, and many government offices, schools, businesses, and 
hospitals were completely destroyed. Food security is jeopardized with 
over 3.5 million people estimated to be in need of food assistance. 
Displaced persons have varying access to basic services, such as 
shelter, water, sanitation, and hygiene, as well as medical care. At 
least 950,000 children in Nepal are at risk of being unable to return 
to school because their schools have been destroyed, damaged, or are 
being used as temporary shelters. The institutional capacity of the 
Nepali government to respond to the immediate effects of the earthquake 
is inadequate, and the Government of Nepal has issued a $2 billion 
appeal for the Nepal Reconstruction and Rehabilitation Fund.
    Approximately 9326F-1 students from Nepal are enrolled in courses 
at U. S. schools as of September 19, 2015. Given the extent of the 
destruction and humanitarian challenges in Nepal, affected students 
whose primary means of financial support comes from Nepal now may need 
to be exempt from the normal student employment requirements to 
continue their studies in the United States. The widespread disaster 
has made it unfeasible for many students to safely return to Nepal 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 set forth in this notice?

    Undergraduate students who receive on-campus or off-campus 
employment authorization under this notice must remain registered for a 
minimum of six credit hours of instruction per academic semester.\1\ A 
graduate-level F-1 student who receives on-campus or off-campus 
employment authorization under this notice must remain registered for a 
minimum of three credit hours of instruction per academic semester. See 
8 CFR 214.2(f)(5)(v).
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    \1\ Undergradudate 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.''
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    In addition, an F-1 student (either undergraduate or graduate) 
granted on-campus or off-campus employment authorization under this 
notice may count up to the equivalent of one course or three credits 
per semester of online or distance education toward satisfying this 
minimum course load requirement, unless the student's course of study 
is in an English language study program. See 8 CFR 214.2(f)(6)(i)(G). 
At an elementary, middle, or high school, an F-1 student 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 an eligible F-1 student who already has on-campus or off-campus 
employment authorization benefit from the suspension of regulatory 
requirements under this notice?

    Yes. A Nepali F-1 student who already has 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 
an eligible F-1 student 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'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 
employment] until [DSO must insert the student's program end date, 
December 24, 2016, or the current EAD expiration date (if the 
student is currently authorized off-campus employment), 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. DHS will deem an F-1 student who receives employment 
authorization under this notice to be engaged in a ``full course of 
study'' for the duration of the employment authorization, provided that 
a qualifying undergraduate level F-1 student remains registered for a 
minimum of six credit hours of instruction per academic semester and a 
qualifying graduate level F-1 student remains registered for a minimum 
of three credit hours of instruction per academic semester. See 8 CFR 
214.2(f)(5)(v) and (f)(6)(i)(F). DHS will not require such students to 
apply for reinstatement under 8 CFR 214.2(f)(16) if otherwise 
maintaining F-1 status.

Will an F-2 dependent (spouse or minor child) of an F-1 student covered 
by this notice be eligible to apply for employment authorization?

    No. An F-2 spouse or minor child of an F-1 student does not have 
authorization 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 an alien who receives an F-1 visa 
after publication of this notice in the Federal Register?

    No. The suspension of the applicability of the standard regulatory 
requirements only applies to those F-1 students who meet the following 
conditions:
    (1) Are a citizen of Nepal;
    (2) Was lawfully present in the United States in F-1 nonimmigrant 
status on April 25, 2015, under section 101(a)(15)(F)(i) of the INA, 8 
U.S.C. 1101(a)(15)(F)(i);
    (3) Are enrolled in a school that is SEVP-certified for enrollment 
for F-1 students;
    (4) Are currently maintaining F-1 status; and
    (5) Are experiencing severe economic hardship as a direct result of 
the damage caused by the earthquake of April 25, 2015.
    Even if experiencing severe economic hardship as a direct result of 
the damage caused by the earthquake, an F-1 student who does not meet 
all of these requirements is ineligible for the suspension of the 
applicability of the standard regulatory requirements.

Does this notice apply to an F-1 student who departs the United States 
after publication 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 a 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. Subject to the specific terms of this notice, 
the normal rules for visa issuance (including those related to public 
charge and

[[Page 69239]]

nonimmigrant intent) remain applicable to a nonimmigrant that 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 reduce the required course load 
for elementary school, middle school, or high school F-1 students. Such 
Nepali 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). 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). Eligible F-1 students from Nepal 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. Nothing in 
this notice affects the applicability of federal and state labor laws 
limiting the employment of minors.

Does this notice apply to a student in an English as a Second Language 
(ESL) program in F-1 status?

    Yes. However special conditions apply to credit hour programs and 
clock hour programs, given the varied nature and structure of ESL 
programs.
    (1) Credit Hour Programs. For an ESL program with a course load 
measured in credit hours, an eligible F-1 student may take a reduced 
course load. This amount must always be, at minimum, six credit hours 
of instruction per academic semester at the undergraduate level not 
less than three credit hours of instruction per academic semester at 
the graduate level. See 8 CFR 214.2(f)(6)(iii). Additionally, an 
eligible F-1 student must continue to make progress toward completing 
the course of study. See 8 CFR 214.2(f)(5)(v).
    (2) Clock Hour Programs. An eligible F-1 student may take a reduced 
course load for an ESL program with a course load measured in clock 
hours. This amount always must be at least half of what constitutes a 
normal ``full course of study'' for the student. See 8 CFR 
214.2(f)(6)(iii). For programs where the dominant part of the course of 
study consists of classroom instruction, the reduced course load must 
consist of a minimum of nine hours of instruction per week. For 
programs where the dominant part of the course of study consists of 
laboratory instruction, the reduced course load must consist of a 
minimum of eleven hours of instruction per week. See 8 CFR 
214.2(f)(6)(iii) The student also must continue to make progress toward 
completing the course of study. See 8 CFR 214.2(f)(5)(v).
    In general, an eligible student who takes a reduced course load 
must accomplish the reduced course load by taking at least half of what 
would constitute a normal ``full course of study'' for the student. For 
example, an eligible student taking two or more classes per semester 
for 20 hours a week may take a reduced course load, but only if the 
student continues to attend class and the resultant total clock hour 
amount is at least half of what would constitute a normal ``full course 
of study'' for the student. In this case, if a normal full course load 
for the student is 20 hours a week, an eligible student may reduce his 
or her course load to no less than 10 hours a week.
    If this program offers two courses per semester, one for 15 hours 
and one for five hours, the student may only drop the five-hour class. 
The student may not seek to artificially remove hours from the 15-hour 
course to get as close as possible to the 10-hour lower limit. An 
eligible student may reduce courses in their entirety but may not seek 
to reduce hours from a course.
    In all instances, an eligible student receives full-time employment 
authorization.

On-Campus Employment Authorization

Will an F-1 student who receives on-campus employment authorization 
under this notice have authorization to work more than 20 hours per 
week while school is in session?

    Yes. For an F-1 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 student's on-campus employment to 20 hours per week 
while school is in session. An eligible 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 SEVIS 
student record, which will appear 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 
December 24, 2016, whichever date comes first].

    To obtain on-campus employment authorization, the student must 
demonstrate to the DSO that the employment is necessary to avoid severe 
economic hardship directly resulting from the damage caused by the 
earthquake in Nepal on April 25, 2015. A student authorized by the 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 full-time work on-campus when 
school is not in session or during school vacations apply. See 8 CFR 
214.2(f)(9)(i).

Will an F-1 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 student status?

    Yes. DHS will deem an F-1 student who receives on-campus employment 
authorization under this notice to be engaged in a ``full course of 
study'' for the purpose of maintaining their F-1 status for the 
duration of the on-campus employment, if the student satisfies the 
minimum course load requirement described in this notice. See 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 status. 
Nothing in this notice mandates that school officials 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.\2\
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    \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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Off-Campus Employment Authorization

What regulatory requirements does this notice temporarily suspend 
relating to off-campus employment?

    For an F-1 student covered by this notice, as provided under 8 CFR 
214.2(f)(9)(ii)(A), the Secretary is suspending the following 
regulatory requirements relating to off-campus employment:
    (a) The requirement that a student must have been in F-1 status for 
one full academic year 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

[[Page 69240]]

than 20 hours per week of off-campus employment while school is in 
session.

Will an F-1 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 student who receives off-campus 
employment authorization by means of this notice to be engaged in a 
``full course of study'' for the purpose of maintaining F-1 status for 
the duration of employment authorization if the student satisfies the 
minimum course load requirement described in this notice. See 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 status. 
Nothing in this notice mandates that school officials allow a student 
to take a reduced course load if such a reduced course load would not 
meet the school's minimum course load requirement.

How may an eligible F-1 student obtain employment authorization for 
off-campus employment with a reduced course load under this notice?

    An F-1 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 resulting from the 
April 25, 2015 earthquake in Nepal. Filing instructions are at https://www.uscis.gov/i-765.
    Fee considerations. Submission of a Form I-765 currently requires 
payment of a $380 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. See www.uscis.gov/feewaiver. The submission must include an 
explanation of why USCIS should grant the fee waiver and the reasons 
for the student's 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 the following to the student's DSO:
    (1) This employment is necessary to avoid severe economic hardship; 
and
    (2) The hardship is resulting from the April 25, 2015 earthquake in 
Nepal.
    If the DSO agrees that the student should 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 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 student's program end date 
or December 24, 2016, 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 the following:
    (a) The student is in good academic standing as determined by the 
DSO;
    (b) The student is a citizen of Nepal and is experiencing severe 
economic hardship as a direct result of the damage caused by the 
earthquake on April 25, 2015, 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 has confirmed that he or she will comply with the 
reduced course load requirements of 8 CFR 214.2(f)(6)(iii) and register 
for the duration of the authorized employment for a minimum of six 
credit hours of instruction per academic semester if the student is at 
the undergraduate level or for a minimum of three credit hours of 
instruction per academic semester 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 April 25, 2015 
earthquake in Nepal.
    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 do both of the following:
    (a) Ensure that the application package includes all of the 
following documents:
    (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, a USCIS official will 
send the student an EAD as evidence of the student's 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 student apply for TPS and for benefits under this notice at 
the same time?

    Yes. An F-1 student who has not yet applied for 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 Nepal for TPS. See 80 FR 36346, 
June 24, 2015. All TPS applicants must file a Form I-821, Application 
for Temporary Protected Status, and Form I-765, regardless of whether 
they are seeking employment authorization under TPS. The fee (or a 
properly documented fee waiver request) for the Form I-765 is necessary 
only if the applicant is seeking employment authorization under TPS. 
See 8 CFR 244.6. After receiving the TPS-related EAD, a student who 
files a TPS application and requests employment authorization under TPS 
may ask the DSO to take the following steps:
    (1) Make the required entry in SEVIS;
    (2) Issue an updated Form I-20 as described in this notice; and
    (3) Note that the student has authorization to carry a reduced 
course load and is working pursuant to a TPS-related EAD.
    A student concurrently maintains F-1 status and TPS if he or she 
maintains the minimum course load described in this notice, does not 
otherwise violate his or her F-1 status as provided under 8 CFR 
214.1(g), and maintains his or her TPS.
    Under the second option, the student may apply for an EAD under 
student relief. In this instance, the student must file the Form I-765 
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 filing according to the instructions provided in the Federal 
Register notice designating Nepal for TPS. Because the student already 
has applied for employment authorization under student relief, the Form 
I-765 submitted as part of the TPS application is without fee. The 
student should not check any of the boxes requesting a TPS-related EAD 
when filling-out Form I-821. Again, the student will be able to 
maintain F-1 status and TPS.

[[Page 69241]]

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 the student receives 
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 credit hours of instruction per academic semester if the 
student is at the undergraduate level, or for a minimum of three credit 
hours of instruction per academic semester 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).

How does a student who has received approval for employment 
authorization under TPS then apply for authorization to take a reduced 
course load under this notice?

    There is no further application process. The student only needs to 
demonstrate to the DSO the economic hardship caused by the damage 
caused by the April 25, 2015 earthquake in Nepal and receive the DSO 
recommendation in SEVIS. The DSO's recommendation in SEVIS will enable 
the student with TPS to reduce his or her course load without violating 
his or her F status. USCIS will not issue any other EAD.

Can a student who has been granted TPS apply for reinstatement to F-1 
student status after his or her F-1 status has lapsed?

    A student whose F-1 status lapses after he or she is granted TPS 
may apply for reinstatement to F-1 student status if the student meets 
the requirements of 8 CFR 214.2(f)(16). For example, to qualify for 
reinstatement, the student will be required to establish that his or 
her violation of F-1 status resulted from circumstances beyond the 
student's control such as serious injury or illness or, rather than a 
pattern of repeated violations.

How long will this notice remain in effect?

    This notice grants temporary relief until December 24, 2016, to 
eligible F-1 students. DHS will continue to monitor the situation in 
Nepal. Should the special provisions authorized by this notice need 
modification or extension, DHS will announce such changes in the 
Federal Register.

Paperwork Reduction Act (PRA)

    An F-1 student seeking off-campus employment authorization due to 
severe economic hardship must demonstrate to the student's DSO that 
this employment is necessary to avoid severe economic hardship. A DSO 
who agrees that the student should receive such employment 
authorization 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 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 student to request 
employment authorization, work an increased number of hours while 
school is in session, and reduce his or her course load while 
continuing to maintain F-1 student status.
    To apply for work authorization, an F-1 student 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 Paperwork 
Reduction Act (PRA). (OMB Control No. 1615-0040). Although there will 
be a slight increase in the number of Form I-765 filings because of 
this notice, the number of filings currently contained in the OMB 
annual inventory for Form I-765 is sufficient to cover the additional 
filings. Accordingly, there is no further action required under the 
PRA.

Jeh Charles Johnson,
Secretary of Homeland Security.
[FR Doc. 2015-28360 Filed 11-6-15; 8:45 am]
BILLING CODE 9111-28-P
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