Employment Authorization for Burmese F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of the Current Crisis in Burma (Myanmar), 28128-28132 [2021-10997]

Download as PDF 28128 Federal Register / Vol. 86, No. 99 / Tuesday, May 25, 2021 / Notices (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant. Deanne Criswell, Administrator, Federal Emergency Management Agency. [FR Doc. 2021–11002 Filed 5–24–21; 8:45 am] BILLING CODE 9111–23–P DEPARTMENT OF HOMELAND SECURITY [Docket No. ICEB–2021–0004] RIN 1653–ZA18 Employment Authorization for Burmese F–1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of the Current Crisis in Burma (Myanmar) U.S. Immigration and Customs Enforcement (ICE); Department of Homeland Security (DHS). AGENCY: 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 Burma (regardless of country of birth) and who are experiencing severe economic hardship as a direct result of the current crisis in Burma. The Secretary is taking action to provide relief to Burmese citizens who are lawful F–1 nonimmigrant students so the students may request employment authorization, work an increased number of hours while school is in session, and reduce their course load while continuing to maintain F–1 nonimmigrant student status. DHS will deem an F–1 nonimmigrant 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 nonimmigrant student satisfies the minimum course load requirement described in this notice. SUMMARY: This F–1 Notice is effective May 25, 2021 and will remain in effect until November 25, 2022. DATES: jbell on DSKJLSW7X2PROD with NOTICES FOR FURTHER INFORMATION CONTACT: Sharon Snyder, Unit Chief, Policy and Response Unit, 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: VerDate Sep<11>2014 18:09 May 24, 2021 Jkt 253001 What action is DHS taking under this notice? The Secretary is exercising the authority under 8 CFR 214.2(f)(9) to temporarily suspend the applicability of certain requirements governing oncampus and off-campus employment for F–1 nonimmigrant students whose country of citizenship is Burma (regardless of country of birth), who are present in the United States in lawful F– 1 nonimmigrant student status as of May 25, 2021, and who are experiencing severe economic hardship as a direct result of the current crisis in Burma. Effective with this publication, suspension of the employment limitations is available through November 25, 2022, for those who are in lawful F–1 nonimmigrant status as of May 25, 2021. DHS will deem an F–1 nonimmigrant 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.1 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 citizens of Burma, regardless of country of birth; (2) Were lawfully present in the United States in F–1 nonimmigrant status on May 25, 2021, under section 101(a)(15)(F)(i) of the Immigration and Nationality Act (INA), 8 U.S.C. 1101(a)(15)(F)(i); (3) Are enrolled in an academic institution that is Student and Exchange Visitor Program (SEVP)-certified for enrollment of F–1 nonimmigrant students; (4) Are currently maintaining F–1 nonimmigrant status; and (5) Are experiencing severe economic hardship as a direct result of the current crisis in Burma. 1 Because the suspension of requirements applies throughout an academic term during which the suspension is in effect, DHS considers an F–1 nonimmigrant student who engages in a reduced course load or employment (or both) after this notice is issued to be engaging in a ‘‘full course of study,’’ see 8 CFR 214.2(f)(6), and eligible for employment authorization, through the end of any academic term for which such student is matriculated as of November 25, 2022, provided they satisfy the minimum course load requirement in this notice. DHS also considers students who engage in online coursework pursuant to ICE coronavirus disease 2019 (COVID–19) guidance for nonimmigrant students to be in compliance with regulations while such guidance remains in effect. See ICE Guidance and Frequently Asked Questions on COVID–19, available at https://www.ice.gov/ coronavirus [last visited Mar. 2021]. PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 This notice applies to F–1 nonimmigrant students engaged in private school (kindergarten through grade 12), public school (grades 9–12), and undergraduate and graduate education. An F–1 nonimmigrant student covered by this notice who transfers to another SEVP-certified academic institution remains eligible for the relief provided by means of this notice. Why is DHS taking this action? As a result of the current crisis in Burma, the Secretary designated Burma for Temporary Protected Status (TPS) for 18 months, effective May 25, 2021 through November 25, 2022, based on extraordinary and temporary conditions in Burma caused by a February 2021 military coup, which has led to continuing violence, arbitrary detentions, use of lethal violence against peaceful protesters, and the worsening of humanitarian conditions. DHS now is taking action to provide relief to eligible Burmese F–1 nonimmigrant students who are experiencing severe economic hardship as a direct result of the current crisis in Burma. These nonimmigrant students may request employment authorization, work an increased number of hours while school is in session, and reduce their course load while continuing to maintain F–1 nonimmigrant student status. DHS has reviewed conditions in Burma and determined that making employment authorization available for eligible nonimmigrant students is warranted due to conditions in Burma. On February 1, 2021, the Burmese military perpetrated a coup, deposing the democratically elected government. The military is responding to the Burmese people’s peaceful rejection of the coup with brutal repression and violence, resulting in large-scale human rights abuses, including arbitrary detentions and deadly force against unarmed individuals. The coup has triggered a humanitarian crisis, including the disruption of communications and limited access to medical care. The impacts include, among other things, the closure of banks and interruptions of payments and cash withdrawal systems, as well as a reported increase in prices of basic commodities, including food, construction materials and fuel in some areas. Among those in need of humanitarian assistance are over 330,000 people in Burma who remain internally displaced.2 2 United Nations Office for the Coordination of Humanitarian Affairs (UN OCHA) (February 2021) Myanmar: Humanitarian Update No. 4, available at E:\FR\FM\25MYN1.SGM 25MYN1 Federal Register / Vol. 86, No. 99 / Tuesday, May 25, 2021 / Notices As of March 11, 2021, approximately 1,634 Burmese F–1 nonimmigrant students were physically present in the United States and enrolled in SEVPcertified academic institutions. Given the extent of the current crisis in Burma, affected nonimmigrant students whose primary means of financial support comes from Burma may need to be exempt from the normal student employment requirements to continue studying in the United States. The current crisis has created financial barriers for nonimmigrant students which could interfere with their ability to financially support themselves and to return to Burma for the foreseeable future. Without employment authorization, these students may lack the means to meet basic living expenses. jbell on DSKJLSW7X2PROD with NOTICES What is the minimum course load requirement set forth in this notice? Undergraduate F–1 nonimmigrant students who receive on-campus or offcampus employment authorization under this notice must remain registered for a minimum of six semester or quarter hours of instruction per academic term.3 A graduate-level F–1 nonimmigrant student who receives oncampus or off-campus employment authorization under this notice must remain registered for a minimum of three semester or quarter hours of instruction per academic term. See 8 CFR 214.2(f)(5)(v). In addition, an F–1 nonimmigrant student (either undergraduate or 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 course of study is in a language study program.4 See 8 CFR 214.2(f)(6)(i)(G). An F–1 nonimmigrant student attending an approved private school (kindergarten through grade 12) or public school (grades 9–12) must maintain ‘‘class attendance for no less than the minimum number of hours a week https://reliefweb.int/sites/reliefweb.int/files/ resources/OCHA%20Myanmar%20%20Humanitarian%20Update%20%20No.%204.pdf [last accessed Mar. 2021]. 3 Undergraduate F–1 students enrolled in a term of different duration must register for at least one half of the credit hours normally required under a ‘‘full course of study.’’ See 8 CFR 214.2(f)(6)(i)(B). 4 DHS considers students who engage in online coursework pursuant to ICE coronavirus disease 2019 (COVID–19) guidance for nonimmigrant students to be in compliance with regulations while such guidance remains in effect. See ICE Guidance and Frequently Asked Questions on COVID–19, https://www.ice.gov/coronavirus [last visited Mar.2021]. VerDate Sep<11>2014 18:09 May 24, 2021 Jkt 253001 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 nonimmigrant student who already has on-campus or off-campus employment authorization benefit from the suspension of regulatory requirements under this notice? Yes. A Burmese F–1 nonimmigrant student who already has on-campus or off-campus employment authorization and is otherwise eligible 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 nonimmigrant student may benefit without having to apply for a new Form I–766, Employment Authorization Document (EAD). To benefit from this notice, F–1 nonimmigrant students must request that their designated school official (DSO) enter the following statement in the remarks field of that student’s Student and Exchange Visitor Information System (SEVIS) record so the students’ Form I–20, Certificate of Eligibility for Nonimmigrant (F–1) Student Status reflects: 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 the notice or the beginning date of the student’s employment, whichever date is later] until [DSO must insert either the student’s program end date, the current EAD expiration date (if the student is currently authorized for offcampus employment), or the end date of this notice, whichever comes first]. Must the F–1 nonimmigrant student apply for reinstatement after expiration of this special employment authorization if the student reduces the ‘‘full course of study’’? No. DHS will deem an F–1 nonimmigrant student who receives and comports with the employment authorization permitted under this notice to be engaged in a ‘‘full course of study’’ for the duration of the employment authorization, provided that a qualifying undergraduate level F– 1 nonimmigrant student remains registered for a minimum of six semester or quarter hours of instruction per academic term and a qualifying graduate level F–1 nonimmigrant student remains registered for a minimum of three semester or quarter PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 28129 hours of instruction per academic term.5 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 nonimmigrant student status. Will an F–2 dependent (spouse or minor child) of an F–1 nonimmigrant student covered by this notice be eligible to apply for employment authorization? No. An F–2 spouse or minor child of an F–1 nonimmigrant student is not authorized to work in the United States and, therefore, may not accept employment under the F–2 nonimmigrant status. See 8 CFR 214.2(f)(15)(i). Will the suspension of the applicability of the standard student employment requirements apply to an individual who receives an initial F–1 visa and makes an initial entry in the United States 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 nonimmigrant students who meet the following conditions: (1) Are citizens of Burma, regardless of country of birth; (2) Were lawfully present in the United States in F–1 nonimmigrant status on May 25, 2021, under section 101(a)(15)(F)(i) of the INA, 8 U.S.C. 1101(a)(15)(F)(i); (3) Are enrolled in an academic institution that is SEVP-certified for enrollment for F–1 nonimmigrant students; (4) Are currently maintaining F–1 nonimmigrant status; and (5) Are experiencing severe economic hardship as a direct result of the current crisis in Burma. An F–1 nonimmigrant student who does not meet all of these requirements is ineligible for the suspension of the applicability of the standard regulatory requirements under this notice (even if experiencing severe economic hardship as a direct result of the current crisis in Burma). 5 Undergraduate F–1 nonimmigrant students enrolled in a term of different duration must register for at least one half of the credit hours normally required under a ‘‘full course of study.’’ See 8 CFR 214.2(f)(6)(i)(B). E:\FR\FM\25MYN1.SGM 25MYN1 28130 Federal Register / Vol. 86, No. 99 / Tuesday, May 25, 2021 / Notices Does this notice apply to a continuing F–1 nonimmigrant 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 nonimmigrant student, but only if the DSO has properly notated the SEVIS record, which will then appear on the student’s Form I–20. The normal rules for visa issuance remain applicable to a nonimmigrant who needs to apply for a new F–1 visa to continue an educational program in the United States. Does this notice apply to elementary school, middle school, and high school students in F–1 status? Yes. However, this notice does not by itself reduce the required course load for private school (kindergarten through grade 12) or public school (grades 9–12) F–1 nonimmigrant students. Such Burmese students must maintain the minimum number of hours of class attendance per week prescribed by the academic institution 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 nonimmigrant students regardless of educational level. Eligible F–1 nonimmigrant students covered by this notice who are 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. On-Campus Employment Authorization jbell on DSKJLSW7X2PROD with NOTICES Will an F–1 nonimmigrant student who receives on-campus employment authorization under this notice be authorized to work more than 20 hours per week while school is in session? Yes. For an F–1 nonimmigrant student covered by this notice, the Secretary is suspending the applicability of the requirement in 8 CFR 214.2(f)(9)(i) that limits an F–1 nonimmigrant student’s on-campus employment to 20 hours per week while school is in session. An eligible nonimmigrant student has authorization to work more than 20 hours per week while school is in session, if the DSO has entered the following statement in the remarks field of the SEVIS student VerDate Sep<11>2014 18:09 May 24, 2021 Jkt 253001 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 the notice or the beginning date of the student’s employment, whichever date is later] until [DSO must insert the student’s program end date or the end date of this notice, whichever date comes first]. To obtain on-campus employment authorization, the F–1 nonimmigrant student must demonstrate to their DSO that the employment is necessary to avoid severe economic hardship directly resulting from the current crisis in Burma. A nonimmigrant student authorized by their DSO to engage in on-campus employment by means of this notice does not need to file with the U.S. Citizenship and Immigration Services (USCIS). The standard rules that permit full-time employment oncampus when school is not in session or during school vacations apply. See 8 CFR 214.2(f)(9)(i). Will an F–1 nonimmigrant student who receives on-campus employment authorization under this notice have authorization to reduce the normal course load and still maintain the student’s F–1 nonimmigrant student status? Yes. DHS will deem an F–1 nonimmigrant student who receives oncampus employment authorization under this notice to be engaged in a ‘‘full course of study’’ 6 for the purpose of maintaining F–1 nonimmigrant student status for the duration of the oncampus 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 nonimmigrant student status. Nothing in this notice mandates that school officials allow an F–1 nonimmigrant student to take a reduced course load if the reduction would not meet the school’s minimum course load requirement for continued enrollment.7 6 See 8 CFR 214.2(f)(6). course load requirement for enrollment in a school must be established in a publicly available document (e.g., catalog, website, or operating procedure), and it must be a standard applicable to all students (U.S. citizens and foreign students) enrolled at the school. 7 Minimum PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 Off-Campus Employment Authorization What regulatory requirements does this notice temporarily suspend relating to off-campus employment? For an F–1 nonimmigrant student covered by this notice, as provided under 8 CFR 214.2(f)(9)(ii)(A), the Secretary is suspending the following regulatory requirements relating to offcampus employment: (a) The requirement that a student must have been in F–1 nonimmigrant student status for one full academic year to be eligible for off-campus employment; (b) The requirement that an F–1 nonimmigrant student must demonstrate that acceptance of employment will not interfere with the student’s carrying a full course of study; (c) The requirement that limits an F– 1 nonimmigrant student’s employment authorization to no more than 20 hours per week of off-campus employment while school is in session; and (d) The requirement that the student demonstrate that the employment under 8 CFR 214.2(f)(9)(i) is unavailable or otherwise insufficient to meet the needs that have arisen as a result of the unforeseen circumstances. Will an F–1 nonimmigrant student who receives off-campus employment authorization under this notice have authorization to reduce the normal course load and still maintain F–1 nonimmigrant status? Yes. DHS will deem an F–1 nonimmigrant student who receives offcampus employment authorization by means of this notice to be engaged in a ‘‘full course of study’’ for the purpose of maintaining F–1 nonimmigrant student 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 nonimmigrant student status. Nothing in this notice mandates that school officials allow an F–1 nonimmigrant student to take a reduced course load if such a reduced course load would not meet the school’s minimum course load requirement.8 8 Minimum course load requirement for enrollment in a school must be established in a publicly available document (e.g., catalog, website, or operating procedure), and it must be a standard applicable to all students (U.S. citizens and foreign students) enrolled at the school. E:\FR\FM\25MYN1.SGM 25MYN1 Federal Register / Vol. 86, No. 99 / Tuesday, May 25, 2021 / Notices How may an eligible F–1 nonimmigrant student obtain employment authorization for off-campus employment with a reduced course load under this notice? An F–1 nonimmigrant student must file a Form I–765, Application for Employment Authorization, with USCIS to apply for off-campus employment authorization based on the severe economic hardship directly resulting from the current crisis in Burma. Filing instructions are located at https:// www.uscis.gov/i-765. Fee considerations. Submission of a Form I–765 currently requires payment of a $410 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 reason(s) for the inability to pay, and any evidence to support the reason(s). See 8 CFR 103.7(c). Supporting documentation. An F–1 nonimmigrant student seeking offcampus employment authorization due to severe economic hardship must demonstrate the following to the DSO: (1) This employment is necessary to avoid severe economic hardship; and (2) The hardship is a direct result of the current crisis in Burma. If the DSO agrees that the F–1 nonimmigrant 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 that student’s Form I–20: jbell on DSKJLSW7X2PROD with NOTICES 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 students’ program end date or the end date of this notice, whichever date comes first]. The F–1 nonimmigrant student must then file the properly endorsed Form I– 20 and Form I–765 according to the instructions for the Form I–765. The F– 1 nonimmigrant student may begin working off campus only upon receipt of the EAD from USCIS. DSO recommendation. In making a recommendation that an F–1 nonimmigrant student be approved for Special Student Relief, the DSO certifies the following: (a) The F–1 nonimmigrant student is in good academic standing and carrying a ‘‘full course of study’’ 9 at the time of 9 See 8 CFR 214.2(f)(6). VerDate Sep<11>2014 18:09 May 24, 2021 Jkt 253001 the request for employment authorization; (b) The F–1 nonimmigrant student is a citizen of Burma (regardless of country of birth) and is experiencing severe economic hardship as a direct result of the current crisis in Burma, as documented on the Form I–20; (c) The F–1 nonimmigrant student has confirmed that the student will comply with the reduced course load requirements of 8 CFR 214.2(f)(5)(v) and register for the duration of the authorized employment for a minimum of six semester or quarter hours of instruction per academic term if at the undergraduate level or for a minimum of three semester or quarter hours of instruction per academic term if at the graduate level; and (d) The off-campus employment is necessary to alleviate severe economic hardship to the individual as a direct result of the current crisis in Burma. Processing. To facilitate prompt adjudication of the student’s application for off-campus employment authorization under 8 CFR 214.2(f)(9)(ii)(C), the F–1 nonimmigrant student should do both of the following: (a) Ensure that the application package includes all of the following documents: (1) A completed Form I–765; (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 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 students’ employment authorization. The EAD will contain an expiration date that does not exceed the end of the granted temporary relief. Temporary Protected Status Considerations Can an F–1 nonimmigrant student apply for TPS and for benefits under this notice at the same time? Yes. An F–1 nonimmigrant student who has not yet applied for TPS or other relief that reduce the student’s course load per term and permits an increase number of work hours per week, such PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 28131 as Special Student Relief,10 under this notice has two options. Under the first option, the nonimmigrant student may file the TPS application according to the instructions in the Federal Register notice designating Burma for TPS. All TPS applicants must file a Form I–821, Application for Temporary Protected Status (or submit a Request for a Fee Waiver (Form I–912)). Although not required to do so, if an F–1 nonimmigrant student wants to obtain a new EAD based on their TPS application that is valid through November 25, 2022, and to be eligible for EAD extensions that may be available to EADs with an A–12 or C– 19 category code, they must file Form I– 765 and pay the Form I–765 fee (or submit a Request for a Fee Waiver (Form I–912)). After receiving the TPS-related EAD, an F–1 nonimmigrant student may request that the student’s DSO make the required entry in SEVIS, issue an updated Form I–20, as described in this notice, and notate that the nonimmigrant student has been authorized to carry a reduced course load and is working pursuant to a TPSrelated EAD. So long as the nonimmigrant student maintains the minimum course load described in this notice, does not otherwise violate the student’s nonimmigrant status, including as provided under 8 CFR 214.1(g), and maintains the student’s TPS, then the student maintains F–1 nonimmigrant status and TPS concurrently. Under the second option, the nonimmigrant student may apply for an EAD under Special Student Relief by filing the Form I–765 with the location specified in the filing instructions. At the same time, the F–1 nonimmigrant student may file a separate TPS application but must submit the TPS application according to the instructions provided in the Federal Register Notice designating Burma for TPS. Because the F–1 nonimmigrant student already has applied for employment authorization under Special Student Relief, they are not required to submit the Form I–765 as part of the TPS application. However, some nonimmigrant students may wish to obtain a TPS EAD in light of certain extensions that may be available to EADs with an A–12 or C–19 category code. The nonimmigrant student should check the appropriate box when filling out Form I–821 to indicate whether an EAD is being requested. Again, the 10 See DHS Study in the States, Special Student Relief, available at https://studyinthestates.dhs.gov/ students/special-student-relief [last visited Mar. 2021]. E:\FR\FM\25MYN1.SGM 25MYN1 28132 Federal Register / Vol. 86, No. 99 / Tuesday, May 25, 2021 / Notices nonimmigrant will be able to maintain compliance requirements for F–1 nonimmigrant student 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 F–1 nonimmigrant student must maintain normal course load requirements for a ‘‘full course of study’’ 11 unless or until the nonimmigrant student receives employment authorization under this notice. TPS-related employment authorization, by itself, does not authorize a nonimmigrant student to drop below twelve credit hours, or otherwise applicable minimum requirements (e.g., clock hours for language students). Once approved for Special Student Relief employment authorization, the F–1 nonimmigrant student may drop below twelve credit hours, or otherwise applicable minimum requirements (with a minimum of six semester or quarter credit hours of instruction per academic term if at the undergraduate level, or a minimum of three semester or quarter credit hours of instruction per academic term if at the graduate level). See 8 CFR 214.2(f)(5)(v), 214.2(f)(6), 214.2(f)(9)(i) and (ii). jbell on DSKJLSW7X2PROD with NOTICES How does a student who has received a TPS-related employment authorization document then apply for authorization to take a reduced course load under this notice? There is no further application process if a student has been approved for a TPS-related EAD. The F–1 nonimmigrant student must demonstrate and provide documentation to the DSO of the direct economic hardship resulting from the current crisis in Burma. The DSO will then verify and update the student’s record in SEVIS to enable the F–1 nonimmigrant student with TPS to reduce the course load without any further action or application. No other EAD needs to be issued for the F–1 nonimmigrant student to have employment authorization. Can a noncitizen who has been granted TPS apply for reinstatement of F–1 nonimmigrant student status after the noncitizen’s F–1 nonimmigrant student status has lapsed? Yes. Current regulations permit certain students who fall out of F–1 nonimmigrant student status to apply 11 See for reinstatement. See 8 CFR 214.2(f)(16). This provision might apply to students who worked on a TPSrelated EAD or dropped their course load before publication of this notice, and therefore fell out of student status. These students must satisfy the criteria set forth in the student status reinstatement regulations. 18:09 May 24, 2021 Jkt 253001 Alejandro N. Mayorkas, Secretary, U.S. Department of Homeland Security. [FR Doc. 2021–10997 Filed 5–24–21; 8:45 am] BILLING CODE 9111–28–P How long will this notice remain in effect? DEPARTMENT OF HOMELAND SECURITY This notice grants temporary relief until November 25, 2022, to eligible F– 1 nonimmigrant students. DHS will continue to monitor the situation in Burma. Should the special provisions authorized by this notice need modification or extension, DHS will announce such changes in the Federal Register. U.S. Citizenship and Immigration Services Paperwork Reduction Act (PRA) An F–1 nonimmigrant student seeking off-campus employment authorization due to severe economic hardship must demonstrate to the DSO that this employment is necessary to avoid severe economic hardship. A DSO who agrees that a nonimmigrant student should receive such employment authorization must recommend an application approval to USCIS by entering information in the remarks field of the student’s SEVIS record. The authority to collect this information is in the SEVIS collection of information currently approved by the Office of Management and Budget (OMB) under OMB Control Number 1653–0038. This notice also allows an eligible F– 1 nonimmigrant student to request employment authorization, work an increased number of hours while the academic institution is in session, and reduce their course load while continuing to maintain F–1 nonimmigrant student status. To apply for employment authorization, certain F–1 nonimmigrant students must complete and submit a currently approved Form I–765 according to the instructions on the form. OMB has previously approved the collection of information contained on the current Form I–765, consistent with the PRA (OMB Control No. 1615– 0040). Although there will be a slight increase in the number of Form I–765 filings because of this notice, the number of filings currently contained in the OMB annual inventory for Form I– 765 is sufficient to cover the additional 8 CFR 214.2(f)(6). VerDate Sep<11>2014 filings. Accordingly, there is no further action required under the PRA. PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 [CIS No. 2686–21; DHS Docket No. USCIS– 2021–0005] RIN 1615–ZB88 Designation of Burma (Myanmar) for Temporary Protected Status U.S. Citizenship and Immigration Services (USCIS), Department of Homeland Security (DHS). ACTION: Notice of Temporary Protected Status (TPS) designation. AGENCY: Through this Notice, DHS announces that the Secretary of Homeland Security is designating Burma for TPS for 18 months, effective May 25, 2021, through November 25, 2022. Under the Immigration and Nationality Act (INA), the Secretary is authorized to designate a foreign state (or any part thereof) for TPS upon finding that extraordinary and temporary conditions in the foreign state prevent its nationals from returning safely, unless permitting the foreign state’s nationals to remain temporarily in the United States is contrary to the national interest of the United States. Regardless of an individual’s country of birth, this designation allows eligible Burmese nationals (and individuals having no nationality who last habitually resided in Burma) who have continuously resided in the United States since March 11, 2021, and have been continuously physically present in the United States since May 25, 2021 to apply for TPS. This Notice also describes the other eligibility criteria applicants must meet. Individuals who believe they may qualify for TPS under this designation may apply within the 180-day registration period that begins on May 25, 2021, and ends on November 22, 2021. They may also apply for TPSrelated Employment Authorization Documents (EADs) and for travel authorization. SUMMARY: The designation of Burma for TPS is effective on May 25, 2021 and DATES: E:\FR\FM\25MYN1.SGM 25MYN1

Agencies

[Federal Register Volume 86, Number 99 (Tuesday, May 25, 2021)]
[Notices]
[Pages 28128-28132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10997]


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DEPARTMENT OF HOMELAND SECURITY

[Docket No. ICEB-2021-0004]
RIN 1653-ZA18


Employment Authorization for Burmese F-1 Nonimmigrant Students 
Experiencing Severe Economic Hardship as a Direct Result of the Current 
Crisis in Burma (Myanmar)

AGENCY: U.S. Immigration and Customs Enforcement (ICE); Department of 
Homeland Security (DHS).

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 Burma (regardless 
of country of birth) and who are experiencing severe economic hardship 
as a direct result of the current crisis in Burma. The Secretary is 
taking action to provide relief to Burmese citizens who are lawful F-1 
nonimmigrant students so the students may request employment 
authorization, work an increased number of hours while school is in 
session, and reduce their course load while continuing to maintain F-1 
nonimmigrant student status. DHS will deem an F-1 nonimmigrant 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 nonimmigrant student satisfies the 
minimum course load requirement described in this notice.

DATES: This F-1 Notice is effective May 25, 2021 and will remain in 
effect until November 25, 2022.

FOR FURTHER INFORMATION CONTACT: Sharon Snyder, Unit Chief, Policy and 
Response Unit, Student and Exchange Visitor Program; U.S. Immigration 
and Customs Enforcement, 500 12th Street SW, Stop 5600, Washington, DC 
20536-5600; email: [email protected], 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 the authority under 8 CFR 214.2(f)(9) 
to temporarily suspend the applicability of certain requirements 
governing on-campus and off-campus employment for F-1 nonimmigrant 
students whose country of citizenship is Burma (regardless of country 
of birth), who are present in the United States in lawful F-1 
nonimmigrant student status as of May 25, 2021, and who are 
experiencing severe economic hardship as a direct result of the current 
crisis in Burma. Effective with this publication, suspension of the 
employment limitations is available through November 25, 2022, for 
those who are in lawful F-1 nonimmigrant status as of May 25, 2021. DHS 
will deem an F-1 nonimmigrant 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.\1\ See 8 
CFR 214.2(f)(6)(i)(F).
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    \1\ Because the suspension of requirements applies throughout an 
academic term during which the suspension is in effect, DHS 
considers an F-1 nonimmigrant student who engages in a reduced 
course load or employment (or both) after this notice is issued to 
be engaging in a ``full course of study,'' see 8 CFR 214.2(f)(6), 
and eligible for employment authorization, through the end of any 
academic term for which such student is matriculated as of November 
25, 2022, provided they satisfy the minimum course load requirement 
in this notice. DHS also considers students who engage in online 
coursework pursuant to ICE coronavirus disease 2019 (COVID-19) 
guidance for nonimmigrant students to be in compliance with 
regulations while such guidance remains in effect. See ICE Guidance 
and Frequently Asked Questions on COVID-19, available at https://www.ice.gov/coronavirus [last visited Mar. 2021].
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Who is covered by this notice?

    This notice applies exclusively to F-1 nonimmigrant students who 
meet all of the following conditions:
    (1) Are citizens of Burma, regardless of country of birth;
    (2) Were lawfully present in the United States in F-1 nonimmigrant 
status on May 25, 2021, under section 101(a)(15)(F)(i) of the 
Immigration and Nationality Act (INA), 8 U.S.C. 1101(a)(15)(F)(i);
    (3) Are enrolled in an academic institution that is Student and 
Exchange Visitor Program (SEVP)-certified for enrollment of F-1 
nonimmigrant students;
    (4) Are currently maintaining F-1 nonimmigrant status; and
    (5) Are experiencing severe economic hardship as a direct result of 
the current crisis in Burma.
    This notice applies to F-1 nonimmigrant students engaged in private 
school (kindergarten through grade 12), public school (grades 9-12), 
and undergraduate and graduate education. An F-1 nonimmigrant student 
covered by this notice who transfers to another SEVP-certified academic 
institution remains eligible for the relief provided by means of this 
notice.

Why is DHS taking this action?

    As a result of the current crisis in Burma, the Secretary 
designated Burma for Temporary Protected Status (TPS) for 18 months, 
effective May 25, 2021 through November 25, 2022, based on 
extraordinary and temporary conditions in Burma caused by a February 
2021 military coup, which has led to continuing violence, arbitrary 
detentions, use of lethal violence against peaceful protesters, and the 
worsening of humanitarian conditions. DHS now is taking action to 
provide relief to eligible Burmese F-1 nonimmigrant students who are 
experiencing severe economic hardship as a direct result of the current 
crisis in Burma. These nonimmigrant students may request employment 
authorization, work an increased number of hours while school is in 
session, and reduce their course load while continuing to maintain F-1 
nonimmigrant student status.
    DHS has reviewed conditions in Burma and determined that making 
employment authorization available for eligible nonimmigrant students 
is warranted due to conditions in Burma. On February 1, 2021, the 
Burmese military perpetrated a coup, deposing the democratically 
elected government. The military is responding to the Burmese people's 
peaceful rejection of the coup with brutal repression and violence, 
resulting in large-scale human rights abuses, including arbitrary 
detentions and deadly force against unarmed individuals. The coup has 
triggered a humanitarian crisis, including the disruption of 
communications and limited access to medical care. The impacts include, 
among other things, the closure of banks and interruptions of payments 
and cash withdrawal systems, as well as a reported increase in prices 
of basic commodities, including food, construction materials and fuel 
in some areas. Among those in need of humanitarian assistance are over 
330,000 people in Burma who remain internally displaced.\2\
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    \2\ United Nations Office for the Coordination of Humanitarian 
Affairs (UN OCHA) (February 2021) Myanmar: Humanitarian Update No. 
4, available at https://reliefweb.int/sites/reliefweb.int/files/resources/OCHA%20Myanmar%20-%20Humanitarian%20Update%20-%20No.%204.pdf [last accessed Mar. 2021].

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[[Page 28129]]

    As of March 11, 2021, approximately 1,634 Burmese F-1 nonimmigrant 
students were physically present in the United States and enrolled in 
SEVP-certified academic institutions. Given the extent of the current 
crisis in Burma, affected nonimmigrant students whose primary means of 
financial support comes from Burma may need to be exempt from the 
normal student employment requirements to continue studying in the 
United States. The current crisis has created financial barriers for 
nonimmigrant students which could interfere with their ability to 
financially support themselves and to return to Burma 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 F-1 nonimmigrant students who receive on-campus or 
off-campus employment authorization under this notice must remain 
registered for a minimum of six semester or quarter hours of 
instruction per academic term.\3\ A graduate-level F-1 nonimmigrant 
student who receives on-campus or off-campus employment authorization 
under this notice must remain registered for a minimum of three 
semester or quarter hours of instruction per academic term. See 8 CFR 
214.2(f)(5)(v).
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    \3\ Undergraduate F-1 students enrolled in a term of different 
duration must register for at least one half of the credit hours 
normally required under a ``full course of study.'' See 8 CFR 
214.2(f)(6)(i)(B).
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    In addition, an F-1 nonimmigrant student (either undergraduate or 
graduate) granted on-campus or off-campus employment authorization 
under this notice may count up to the equivalent of one class or three 
credits per session, term, semester, trimester, or quarter of online or 
distance education toward satisfying this minimum course load 
requirement, unless the course of study is in a language study 
program.\4\ See 8 CFR 214.2(f)(6)(i)(G). An F-1 nonimmigrant student 
attending an approved private school (kindergarten through grade 12) or 
public school (grades 9-12) must maintain ``class attendance for no 
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).
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    \4\ DHS considers students who engage in online coursework 
pursuant to ICE coronavirus disease 2019 (COVID-19) guidance for 
nonimmigrant students to be in compliance with regulations while 
such guidance remains in effect. See ICE Guidance and Frequently 
Asked Questions on COVID-19, https://www.ice.gov/coronavirus [last 
visited Mar.2021].
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May an eligible F-1 nonimmigrant student who already has on-campus or 
off-campus employment authorization benefit from the suspension of 
regulatory requirements under this notice?

    Yes. A Burmese F-1 nonimmigrant student who already has on-campus 
or off-campus employment authorization and is otherwise eligible 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 nonimmigrant student may benefit without having to apply for a new 
Form I-766, Employment Authorization Document (EAD). To benefit from 
this notice, F-1 nonimmigrant students must request that their 
designated school official (DSO) enter the following statement in the 
remarks field of that student's Student and Exchange Visitor 
Information System (SEVIS) record so the students' Form I-20, 
Certificate of Eligibility for Nonimmigrant (F-1) Student Status 
reflects:

    Approved for more than 20 hours per week of [DSO must insert 
``on-campus'' or ``off-campus,'' depending upon the type of 
employment authorization the student already has] employment 
authorization and reduced course load under the Special Student 
Relief authorization from [DSO must insert the beginning date of the 
notice or the beginning date of the student's employment, whichever 
date is later] until [DSO must insert either the student's program 
end date, the current EAD expiration date (if the student is 
currently authorized for off-campus employment), or the end date of 
this notice, whichever comes first].

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

    No. DHS will deem an F-1 nonimmigrant student who receives and 
comports with the employment authorization permitted under this notice 
to be engaged in a ``full course of study'' for the duration of the 
employment authorization, provided that a qualifying undergraduate 
level F-1 nonimmigrant student remains registered for a minimum of six 
semester or quarter hours of instruction per academic term and a 
qualifying graduate level F-1 nonimmigrant student remains registered 
for a minimum of three semester or quarter hours of instruction per 
academic term.\5\ 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 nonimmigrant student status.
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    \5\ Undergraduate F-1 nonimmigrant students enrolled in a term 
of different duration must register for at least one half of the 
credit hours normally required under a ``full course of study.'' See 
8 CFR 214.2(f)(6)(i)(B).
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Will an F-2 dependent (spouse or minor child) of an F-1 nonimmigrant 
student covered by this notice be eligible to apply for employment 
authorization?

    No. An F-2 spouse or minor child of an F-1 nonimmigrant student is 
not authorized to work in the United States and, therefore, may not 
accept employment under the F-2 nonimmigrant status. See 8 CFR 
214.2(f)(15)(i).

Will the suspension of the applicability of the standard student 
employment requirements apply to an individual who receives an initial 
F-1 visa and makes an initial entry in the United States 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 nonimmigrant students who meet 
the following conditions:
    (1) Are citizens of Burma, regardless of country of birth;
    (2) Were lawfully present in the United States in F-1 nonimmigrant 
status on May 25, 2021, under section 101(a)(15)(F)(i) of the INA, 8 
U.S.C. 1101(a)(15)(F)(i);
    (3) Are enrolled in an academic institution that is SEVP-certified 
for enrollment for F-1 nonimmigrant students;
    (4) Are currently maintaining F-1 nonimmigrant status; and
    (5) Are experiencing severe economic hardship as a direct result of 
the current crisis in Burma.
    An F-1 nonimmigrant student who does not meet all of these 
requirements is ineligible for the suspension of the applicability of 
the standard regulatory requirements under this notice (even if 
experiencing severe economic hardship as a direct result of the current 
crisis in Burma).

[[Page 28130]]

Does this notice apply to a continuing F-1 nonimmigrant 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 nonimmigrant student, but only 
if the DSO has properly notated the SEVIS record, which will then 
appear on the student's Form I-20. The normal rules for visa issuance 
remain applicable to a nonimmigrant who needs to apply for a new F-1 
visa to continue an educational program in the United States.

Does this notice apply to elementary school, middle school, and high 
school students in F-1 status?

    Yes. However, this notice does not by itself reduce the required 
course load for private school (kindergarten through grade 12) or 
public school (grades 9-12) F-1 nonimmigrant students. Such Burmese 
students must maintain the minimum number of hours of class attendance 
per week prescribed by the academic institution 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 nonimmigrant students 
regardless of educational level. Eligible F-1 nonimmigrant students 
covered by this notice who are 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.

On-Campus Employment Authorization

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

    Yes. For an F-1 nonimmigrant student covered by this notice, the 
Secretary is suspending the applicability of the requirement in 8 CFR 
214.2(f)(9)(i) that limits an F-1 nonimmigrant student's on-campus 
employment to 20 hours per week while school is in session. An eligible 
nonimmigrant student has authorization to work more than 20 hours per 
week while school is in session, if the DSO has entered the following 
statement in the remarks field of the 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 the notice 
or the beginning date of the student's employment, whichever date is 
later] until [DSO must insert the student's program end date or the 
end date of this notice, whichever date comes first].

    To obtain on-campus employment authorization, the F-1 nonimmigrant 
student must demonstrate to their DSO that the employment is necessary 
to avoid severe economic hardship directly resulting from the current 
crisis in Burma. A nonimmigrant student authorized by their DSO to 
engage in on-campus employment by means of this notice does not need to 
file with the U.S. Citizenship and Immigration Services (USCIS). The 
standard rules that permit full-time employment 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 nonimmigrant student who receives on-campus employment 
authorization under this notice have authorization to reduce the normal 
course load and still maintain the student's F-1 nonimmigrant student 
status?

    Yes. DHS will deem an F-1 nonimmigrant student who receives on-
campus employment authorization under this notice to be engaged in a 
``full course of study'' \6\ for the purpose of maintaining F-1 
nonimmigrant student status for the duration of the on-campus 
employment, if the student satisfies the minimum course load 
requirement described in this notice. 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 nonimmigrant student status. 
Nothing in this notice mandates that school officials allow an F-1 
nonimmigrant student to take a reduced course load if the reduction 
would not meet the school's minimum course load requirement for 
continued enrollment.\7\
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    \6\ See 8 CFR 214.2(f)(6).
    \7\ Minimum course load requirement for enrollment in a school 
must be established in a publicly available document (e.g., catalog, 
website, or operating procedure), and it must be a standard 
applicable to all students (U.S. citizens and foreign students) 
enrolled at the school.
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Off-Campus Employment Authorization

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

    For an F-1 nonimmigrant student covered by this notice, as provided 
under 8 CFR 214.2(f)(9)(ii)(A), the Secretary is suspending the 
following regulatory requirements relating to off-campus employment:
    (a) The requirement that a student must have been in F-1 
nonimmigrant student status for one full academic year to be eligible 
for off-campus employment;
    (b) The requirement that an F-1 nonimmigrant student must 
demonstrate that acceptance of employment will not interfere with the 
student's carrying a full course of study;
    (c) The requirement that limits an F-1 nonimmigrant student's 
employment authorization to no more than 20 hours per week of off-
campus employment while school is in session; and
    (d) The requirement that the student demonstrate that the 
employment under 8 CFR 214.2(f)(9)(i) is unavailable or otherwise 
insufficient to meet the needs that have arisen as a result of the 
unforeseen circumstances.

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

    Yes. DHS will deem an F-1 nonimmigrant student who receives off-
campus employment authorization by means of this notice to be engaged 
in a ``full course of study'' for the purpose of maintaining F-1 
nonimmigrant student 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 nonimmigrant student status. 
Nothing in this notice mandates that school officials allow an F-1 
nonimmigrant student to take a reduced course load if such a reduced 
course load would not meet the school's minimum course load 
requirement.\8\
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    \8\ Minimum course load requirement for enrollment in a school 
must be established in a publicly available document (e.g., catalog, 
website, or operating procedure), and it must be a standard 
applicable to all students (U.S. citizens and foreign students) 
enrolled at the school.

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[[Page 28131]]

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

    An F-1 nonimmigrant student must file a Form I-765, Application for 
Employment Authorization, with USCIS to apply for off-campus employment 
authorization based on the severe economic hardship directly resulting 
from the current crisis in Burma. Filing instructions are located at 
https://www.uscis.gov/i-765.
    Fee considerations. Submission of a Form I-765 currently requires 
payment of a $410 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 reason(s) 
for the inability to pay, and any evidence to support the reason(s). 
See 8 CFR 103.7(c).
    Supporting documentation. An F-1 nonimmigrant student seeking off-
campus employment authorization due to severe economic hardship must 
demonstrate the following to the DSO:
    (1) This employment is necessary to avoid severe economic hardship; 
and
    (2) The hardship is a direct result of the current crisis in Burma.
    If the DSO agrees that the F-1 nonimmigrant 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 that 
student's Form I-20:

    Recommended for off-campus employment authorization in excess of 
20 hours per week and reduced course load under the Special Student 
Relief authorization from the date of the USCIS authorization noted 
on Form I-766 until [DSO must insert the students' program end date 
or the end date of this notice, whichever date comes first].

    The F-1 nonimmigrant student must then file the properly endorsed 
Form I-20 and Form I-765 according to the instructions for the Form I-
765. The F-1 nonimmigrant student may begin working off campus only 
upon receipt of the EAD from USCIS.
    DSO recommendation. In making a recommendation that an F-1 
nonimmigrant student be approved for Special Student Relief, the DSO 
certifies the following:
    (a) The F-1 nonimmigrant student is in good academic standing and 
carrying a ``full course of study'' \9\ at the time of the request for 
employment authorization;
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    \9\ See 8 CFR 214.2(f)(6).
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    (b) The F-1 nonimmigrant student is a citizen of Burma (regardless 
of country of birth) and is experiencing severe economic hardship as a 
direct result of the current crisis in Burma, as documented on the Form 
I-20;
    (c) The F-1 nonimmigrant student has confirmed that the student 
will comply with the reduced course load requirements of 8 CFR 
214.2(f)(5)(v) and register for the duration of the authorized 
employment for a minimum of six semester or quarter hours of 
instruction per academic term if at the undergraduate level or for a 
minimum of three semester or quarter hours of instruction per academic 
term if at the graduate level; and
    (d) The off-campus employment is necessary to alleviate severe 
economic hardship to the individual as a direct result of the current 
crisis in Burma.
    Processing. To facilitate prompt adjudication of the student's 
application for off-campus employment authorization under 8 CFR 
214.2(f)(9)(ii)(C), the F-1 nonimmigrant student should do both of the 
following:
    (a) Ensure that the application package includes all of the 
following documents:
    (1) A completed Form I-765;
    (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 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 students' employment 
authorization. The EAD will contain an expiration date that does not 
exceed the end of the granted temporary relief.

Temporary Protected Status Considerations

Can an F-1 nonimmigrant student apply for TPS and for benefits under 
this notice at the same time?

    Yes. An F-1 nonimmigrant student who has not yet applied for TPS or 
other relief that reduce the student's course load per term and permits 
an increase number of work hours per week, such as Special Student 
Relief,\10\ under this notice has two options.
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    \10\ See DHS Study in the States, Special Student Relief, 
available at https://studyinthestates.dhs.gov/students/special-student-relief [last visited Mar. 2021].
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    Under the first option, the nonimmigrant student may file the TPS 
application according to the instructions in the Federal Register 
notice designating Burma for TPS. All TPS applicants must file a Form 
I-821, Application for Temporary Protected Status (or submit a Request 
for a Fee Waiver (Form I-912)). Although not required to do so, if an 
F-1 nonimmigrant student wants to obtain a new EAD based on their TPS 
application that is valid through November 25, 2022, and to be eligible 
for EAD extensions that may be available to EADs with an A-12 or C-19 
category code, they must file Form I-765 and pay the Form I-765 fee (or 
submit a Request for a Fee Waiver (Form I-912)). After receiving the 
TPS-related EAD, an F-1 nonimmigrant student may request that the 
student's DSO make the required entry in SEVIS, issue an updated Form 
I-20, as described in this notice, and notate that the nonimmigrant 
student has been authorized to carry a reduced course load and is 
working pursuant to a TPS-related EAD. So long as the nonimmigrant 
student maintains the minimum course load described in this notice, 
does not otherwise violate the student's nonimmigrant status, including 
as provided under 8 CFR 214.1(g), and maintains the student's TPS, then 
the student maintains F-1 nonimmigrant status and TPS concurrently.
    Under the second option, the nonimmigrant student may apply for an 
EAD under Special Student Relief by filing the Form I-765 with the 
location specified in the filing instructions. At the same time, the F-
1 nonimmigrant student may file a separate TPS application but must 
submit the TPS application according to the instructions provided in 
the Federal Register Notice designating Burma for TPS. Because the F-1 
nonimmigrant student already has applied for employment authorization 
under Special Student Relief, they are not required to submit the Form 
I-765 as part of the TPS application. However, some nonimmigrant 
students may wish to obtain a TPS EAD in light of certain extensions 
that may be available to EADs with an A-12 or C-19 category code. The 
nonimmigrant student should check the appropriate box when filling out 
Form I-821 to indicate whether an EAD is being requested. Again, the

[[Page 28132]]

nonimmigrant will be able to maintain compliance requirements for F-1 
nonimmigrant student 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 F-1 nonimmigrant student must maintain normal course load 
requirements for a ``full course of study'' \11\ unless or until the 
nonimmigrant student receives employment authorization under this 
notice. TPS-related employment authorization, by itself, does not 
authorize a nonimmigrant student to drop below twelve credit hours, or 
otherwise applicable minimum requirements (e.g., clock hours for 
language students). Once approved for Special Student Relief employment 
authorization, the F-1 nonimmigrant student may drop below twelve 
credit hours, or otherwise applicable minimum requirements (with a 
minimum of six semester or quarter credit hours of instruction per 
academic term if at the undergraduate level, or a minimum of three 
semester or quarter credit hours of instruction per academic term if at 
the graduate level). See 8 CFR 214.2(f)(5)(v), 214.2(f)(6), 
214.2(f)(9)(i) and (ii).
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    \11\ See 8 CFR 214.2(f)(6).
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How does a student who has received a TPS-related employment 
authorization document then apply for authorization to take a reduced 
course load under this notice?

    There is no further application process if a student has been 
approved for a TPS-related EAD. The F-1 nonimmigrant student must 
demonstrate and provide documentation to the DSO of the direct economic 
hardship resulting from the current crisis in Burma. The DSO will then 
verify and update the student's record in SEVIS to enable the F-1 
nonimmigrant student with TPS to reduce the course load without any 
further action or application. No other EAD needs to be issued for the 
F-1 nonimmigrant student to have employment authorization.

Can a noncitizen who has been granted TPS apply for reinstatement of F-
1 nonimmigrant student status after the noncitizen's F-1 nonimmigrant 
student status has lapsed?

    Yes. Current regulations permit certain students who fall out of F-
1 nonimmigrant student status to apply for reinstatement. See 8 CFR 
214.2(f)(16). This provision might apply to students who worked on a 
TPS-related EAD or dropped their course load before publication of this 
notice, and therefore fell out of student status. These students must 
satisfy the criteria set forth in the student status reinstatement 
regulations.

How long will this notice remain in effect?

    This notice grants temporary relief until November 25, 2022, to 
eligible F-1 nonimmigrant students. DHS will continue to monitor the 
situation in Burma. 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 nonimmigrant student seeking off-campus employment 
authorization due to severe economic hardship must demonstrate to the 
DSO that this employment is necessary to avoid severe economic 
hardship. A DSO who agrees that a nonimmigrant student should receive 
such employment authorization must recommend an application approval to 
USCIS by entering information in the remarks field of the student's 
SEVIS record. The authority to collect this information is in the SEVIS 
collection of information currently approved by the Office of 
Management and Budget (OMB) under OMB Control Number 1653-0038.
    This notice also allows an eligible F-1 nonimmigrant student to 
request employment authorization, work an increased number of hours 
while the academic institution is in session, and reduce their course 
load while continuing to maintain F-1 nonimmigrant student status.
    To apply for employment authorization, certain F-1 nonimmigrant 
students must complete and submit a currently approved Form I-765 
according to the instructions on the form. OMB has previously approved 
the collection of information contained on the current Form I-765, 
consistent with the PRA (OMB Control No. 1615-0040). Although there 
will be a slight increase in the number of Form I-765 filings because 
of this notice, the number of filings currently contained in the OMB 
annual inventory for Form I-765 is sufficient to cover the additional 
filings. Accordingly, there is no further action required under the 
PRA.

Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland Security.
[FR Doc. 2021-10997 Filed 5-24-21; 8:45 am]
BILLING CODE 9111-28-P
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