Employment Authorization for Somali F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of the Current Crisis in Somalia, 38739-38744 [2021-15605]

Agencies

• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 86, Number 138 (Thursday, July 22, 2021)]
[Notices]
[Pages 38739-38744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15605]


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DEPARTMENT OF HOMELAND SECURITY

[Docket No. ICEB-2021-0006]
RIN 1653-ZA21


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

AGENCY: U.S. Immigration and Customs Enforcement (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 Somalia 
(regardless of country of birth) and who are experiencing severe 
economic hardship as a direct result of the current crisis in Somalia. 
The Secretary is taking action to provide relief to Somali citizens 
(regardless of country of birth) who are lawful F-1 nonimmigrant 
students so that 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 notice takes effect on September 18, 2021 and will remain 
in effect through March 17, 2023.

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 Somalia (regardless of country 
of birth), who are present in the United States in lawful F-1 
nonimmigrant student status as of September 18, 2021, and who are 
experiencing severe economic hardship as a direct result of the ongoing 
crisis in Somalia. Effective with this publication, suspension of the 
employment limitations is available through March 17, 2023 for those 
who are in lawful F-1 nonimmigrant status as of September 18, 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 under this notice 
applies throughout an academic term during which the suspension is 
in effect, DHS considers an F-1 nonimmigrant student who engages in 
a reduced course load or employment (or both) after this notice is 
effective to be engaging in a ``full course of study,'' see 8 CFR 
214.2(f)(6), and eligible for employment authorization, through the 
end of any academic term for which such student is matriculated as 
of March 17, 2023, provided the student satisfies 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 May 2021].

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[[Page 38740]]

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 Somalia, regardless of country of birth;
    (2) Are lawfully present in the United States in an F-1 
nonimmigrant status on September 18, 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 maintaining F-1 nonimmigrant status; and
    (5) Are experiencing severe economic hardship as a direct result of 
the current crisis in Somalia.
    This notice applies to F-1 nonimmigrant students in an approved 
private school in grades kindergarten through grade 12, public school 
in grades 9 through 12, and undergraduate and graduate education. An F-
1 nonimmigrant student covered by this notice who transfers to another 
SEVP-certified academic institutions remains eligible for the relief 
provided by means of this notice.

Why is DHS taking this action?

    DHS initially designated Somalia for Temporary Protected Status 
(TPS) on September 16, 1991 and since has extended and issued new 
designations based on extraordinary and temporary conditions that 
prevented Somalian nationals from safely returning, as well as, since 
2012, ongoing armed conflict.\2\ As a result of the ongoing armed 
conflict and extraordinary and temporary conditions, including a 
humanitarian crisis in Somalia, the Secretary is redesignating Somalia 
for TPS for 18 months, effective September 18, 2021. DHS has reviewed 
conditions in Somalia and determined that making employment 
authorization available for eligible F-1 nonimmigrant students is 
warranted due to conditions of wide ranging emergencies, such as 
political and civil unrest, terrorist attack, drought, floods, locust 
infestation, and lack of humanitarian aid, among other factors.
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    \2\ See Designation of Nationals of Somalia for Temporary 
Protected Status, 56 FR 46804 (Sept. 16, 1991) and Extension and 
Redesignation of Somalia for Temporary Protected Status, 77 FR 25723 
(May 1, 2012).
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    Consistent with the Secretary's redesignation of Somalia for TPS, 
this notice provides relief to Somali F-1 nonimmigrant students 
(regardless of country of birth) experiencing severe economic hardship 
as a direct result of the ongoing crisis in Somalia. 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.
    The armed conflict in Somalia, compounded by drought and other 
natural hazards, challenges the resilience and the coping mechanisms of 
Somalia's most vulnerable citizens.\3\ Somalia has consistently had a 
very large internally displaced population (IDP), reaching 884,000 in 
2018, 770,000 in 2019, and 1.2 million in 2020.\4\ As of April 2021, 
the United Nations High Commissioner for Refugees (UNHCR) reported 
Somalia has 2.95 million IDPs, of which 2.2 million live in highly 
congested urban and semi-urban settlements, and all of whom continue to 
face serious risks of marginalization, forced eviction, and 
exclusion.\5\ Internal displacement remains largely driven by internal 
conflict, including Interclan conflicts, and terrorist threats, and is 
worsened by floods, drought, and periodic cyclones.\6\ Providing 
humanitarian aid and assistance, including in response to high levels 
of acute food insecurity, is difficult, limited, and constrained due to 
lack of security, attacks on aid workers, generalized violence, and 
restrictions imposed by parties to the conflict.\7\ Al-Shabaab, a 
terrorist, jihadist fundamentalist group based in East Africa and 
Yemen, continues to prohibit many nongovernmental organizations and all 
United Nations agencies from working in areas under its control, 
blockading some government-controlled towns.\8\ The number of people in 
need of humanitarian aid has consistently increased over the last three 
years, from 4.2 million in 2019 to 5.2 million in 2020.\9\ In 2021, the 
United Nations Office for the Coordination of Humanitarian Affairs 
(OCHA) reported 5.9 million people in Somalia require immediate 
humanitarian assistance due to the combined impact of conflict, 
unpredictable climatic shocks (e.g., due to drought and flooding), the 
COVID-19 pandemic, and others problems, such as desert locust 
infestation causing crop damage.\10\
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    \3\ United Nations High Commissioner for Refugees (UNHCR) 
Somalia available at https://www.unhcr.org/en-us/somalia.html [last 
visited May 2021].
    \4\ UN High Commissioner for Refugees (UNHCR), Somalia: UNHCR 
Submission for the Universal Periodic Review--Somalia--UPR 38th 
Session (2021), October 2020, available at: https://www.refworld.org/docid/60760b4e4.html [last visited May 2021].
    \5\ UN Office for the Coordination of Humanitarian Affairs, 2021 
Somalia Humanitarian Needs Overview--Somalia ReliefWeb available at 
https://reliefweb.int/report/somalia/2021-somalia-humanitarian-needs-overview [last visited May 2021].
    \6\ UN High Commissioner for Refugees (UNHCR), Somalia: UNHCR 
Submission for the Universal Periodic Review--Somalia--UPR 38th 
Session (2021), October 2020, available at: https://www.refworld.org/docid/60760b4e4.html [last visited May 2021].
    \7\ Human Rights Watch World Report 2020 available at https://www.hrw.org/world-report/2020/country-chapters/somalia# [last 
visited May 2021].
    \8\ Id.
    \9\ United Nations Office for the Coordination of Humanitarian 
Affairs (OCHA), 2021 Somalia Humanitarian Needs Overview--Somalia 
ReliefWeb available at https://reliefweb.int/report/somalia/2021-somalia-humanitarian-needs-overview [last visited May 2021].
    \10\ UN OCHA Somalia Humanitarian Bulletin, April 2021 available 
at https://reliefweb.int/report/somalia/somalia-humanitarian-bulletin-april-2021 [last visited May 2021].
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    As of May 23, 2021, 76 F-1 nonimmigrant students whose country of 
citizenship is Somalia were physically present in the United States and 
enrolled in SEVP-certified academic institutions. Given the extent of 
the crisis in Somalia, affected F-1 nonimmigrant students whose primary 
means of financial support comes from Somalia, may need to be exempt 
from the normal student employment requirements to continue their 
studies in the United States. The crisis has created financial barriers 
for F-1 nonimmigrant students to be able to support themselves and 
return to Somalia for the foreseeable future. Without employment 
authorization, these students may lack the means to meet basic living 
expenses.

What is the minimum course load requirement 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.\11\ A graduate level F-1 nonimmigrant 
student who receives on-campus or off-campus employment authorization 
under this notice must

[[Page 38741]]

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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    \11\ 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.\12\ See 8 CFR 214.2(f)(6)(i)(G). An F-1 nonimmigrant student 
who attends an approved private school in grades kindergarten through 
grade 12 or public high school in grades 9 through 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). Nothing in this notice affects 
the applicability of federal and state labor laws limiting the 
employment of minors.
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    \12\ 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 May 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. An 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 certain regulatory requirements 
relating to the minimum course load requirement under 8 CFR 
214.2(f)(6)(i)(A) and (B) and certain employment eligibility 
requirements under 8 CFR 214.2(f)(9). Such an eligible F-1 nonimmigrant 
student may benefit without having to apply for a new Form I-766, 
Employment Authorization Document (EAD). To benefit from this notice, 
the F-1 nonimmigrant student must request that the designated school 
official (DSO) enter the following statement in the remarks field of 
the student's Student and Exchange Visitor Information System (SEVIS) 
record so the student's Form I-20, Certificate of Eligibility for 
Nonimmigrant (F-1) Student Status, will reflect:

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

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

    No. DHS will deem an F-1 nonimmigrant student who receives and 
comports with the employment authorization permitted under this notice 
to be engaged in a ``full course of study'' \13\ for the duration of 
the student's employment authorization, provided that a qualifying 
undergraduate level F-1 nonimmigrant student remains registered for a 
minimum of six semester or quarter hours of instruction per academic 
term and a qualifying graduate level F-1 nonimmigrant student remains 
registered for a minimum of three semester or quarter hours of 
instruction per academic term.\14\ 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 they are otherwise 
maintaining F-1 nonimmigrant student status.
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    \13\ See 8 CFR 214.2(f)(6)(F).
    \14\ 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 the 
effective date 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 Somalia, regardless of country of birth;
    (2) Are lawfully present in the United States in F-1 nonimmigrant 
status on September 18, 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 maintaining F-1 nonimmigrant status; and
    (5) Are experiencing severe economic hardship as a direct result of 
the current crisis in Somalia.
    An F-1 nonimmigrant student who does not meet all of these 
requirements is ineligible for the suspension of the applicability of 
the standard regulatory requirements (even if experiencing severe 
economic hardship as a direct result of the current crisis in Somalia).

Does this notice apply to a continuing F-1 nonimmigrant student who 
departs the United States after the effective date of this notice in 
the Federal Register, September 18, 2021, 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 student's SEVIS record, which will 
then appear on the student's Form I-20. The normal rules for visa 
issuance remain applicable to a nonimmigrant who needs to apply for a 
new F-1 visa to continue an educational program in the United States.

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

    Yes. However, this notice does not by itself reduce the required 
course load for F-1 nonimmigrant students enrolled in private 
kindergarten through grade 12, or public high school grades 9 through 
12. Such Somali 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

[[Page 38742]]

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. Thus, 
eligible F-1 nonimmigrant students from Somalia 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 have authorization to work more than 20 
hours per week while school is in session?

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

    To obtain on-campus employment authorization, the F-1 nonimmigrant 
student must demonstrate to the DSO that the employment is necessary to 
avoid severe economic hardship directly resulting from the current 
crisis in Somalia. A nonimmigrant student authorized by the DSO to 
engage in on-campus employment by means of this notice does not need to 
file any applications with 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 his or her F-1 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'' \15\ for the purpose of maintaining F-1 
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 student to take a reduced course 
load if the reduction would not meet the school's minimum course load 
requirement for continued enrollment.\16\
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    \15\ See 8 CFR 214.2(f)(6)(F).
    \16\ Minimum course load requirement for enrollment in a school 
must be established in a publicly available document (e.g., catalog, 
website, or operating procedure), and it must be a standard 
applicable to all students (U.S. citizens and foreign students) 
enrolled at the school.
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Off-Campus Employment Authorization

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

    For an F-1 student covered by this notice, as provided under 8 CFR 
214.2(f)(9)(ii)(A), the Secretary is suspending the following 
regulatory requirements relating to off-campus employment:
    (a) The requirement that a student must have been in F-1 status for 
one full academic year in order 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 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'' \17\ for purposes of maintaining F-1 
nonimmigrant student status for the duration of the student's 
employment authorization if the student satisfies the minimum course 
load requirement described in this notice. 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 an F-1 nonimmigrant student 
to take a reduced course load if such reduced course load would not 
meet the school's minimum course load requirement.\18\
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    \17\ See 8 CFR 214.2(f)(6)(F).
    \18\ Minimum course load requirement for enrollment in a school 
must be established in a publicly available document (e.g., catalog, 
website, or operating procedure), and it must be a standard 
applicable to all students (U.S. citizens and foreign students) 
enrolled at the school.
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How may an eligible F-1 nonimmigrant student obtain employment 
authorization for off-campus employment with a reduced course load 
under this notice?

    An F-1 nonimmigrant student must file a Form I-765, Application for 
Employment Authorization, with USCIS to apply for off-campus employment 
authorization based on the severe economic hardship directly resulting 
from the crisis in Somalia. Filing instructions are 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 
Somalia.

[[Page 38743]]

    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 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 a 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 
is carrying a ``full course of study'' \19\ at the time of the request 
for employment authorization;
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    \19\ See 8 CFR 214.2(f)(6).
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    (b) The F-1 nonimmigrant student is a citizen of Somalia 
(regardless of country of birth) and is experiencing severe economic 
hardship as a direct result of the current crisis in Somalia, as 
documented on the Form I-20;
    (c) The F-1 nonimmigrant student has confirmed that the student 
will comply with the reduced course load requirements of 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 the student is 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 Somalia.
    Application filing. 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 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, 
Form I-912;
    (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 that 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, USCIS will send the 
student an EAD as evidence of employment authorization. The EAD will 
contain an expiration date that does not exceed the end of the granted 
temporary relief.

Temporary Protected Status 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 reduces the student's course load per term and 
permits an increase number of work hours per week, such as the Special 
Student Relief,\20\ under this notice has two options.
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    \20\ DHS Study in the States, Special Student Relief available 
at https://studyinthestates.dhs.gov/students/special-student-relief 
[last visited May 2021].
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    Under the first option, the student may file the TPS application 
according to the instructions in the Federal Register notice 
designating Somalia for TPS. All TPS applicants must file a Form I-821, 
Application for Temporary Protected Status. Although not required to do 
so, if an F-1 nonimmigrant student wants to obtain an EAD valid through 
March 17, 2023 based on their TPS application, and to be eligible for 
EAD extensions that may be available to EADs with an A-12 or C-19 
category code, the student must file Form I-765 and pay the Form I-765 
fee and pay the Form I-821 fee (or request for a Fee Waiver). 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 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 Somalia for TPS. If the F-1 
nonimmigrant student has already applied for employment authorization 
under Special Student Relief, they are not required to submit the Form 
I-765 as part of the TPS application. However, some nonimmigrant 
students may wish to obtain a TPS-related EAD in light of certain 
extensions that may be available to EADs with an A-12 or C-19 category 
code. See 8 CFR 274a.12(a)(12) and (c)(19). The nonimmigrant student 
should check the appropriate box when filling out Form I-821 to request 
a TPS-related EAD. Again, so long as the nonimmigrant student maintains 
the minimum course load described in this notice and does not otherwise 
violate the student's nonimmigrant status, including as provided under 
8 CFR 214.1(g), the nonimmigrant will be able to maintain compliance 
requirements for F-1 student status while having 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'' \21\ 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 for a minimum of three 
semester or quarter credit hours of instruction per academic term if at 
the graduate level). See 8 CFR

[[Page 38744]]

214.2(f)(5)(v), 214.2(f)(6), 214.2(f)(9)(i) and (ii).
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    \21\ See 8 CFR 214.2(f)(6).
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How does an F-1 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 with USCIS if a student has 
been approved for a TPS-related EAD. However, the F-1 nonimmigrant 
student must demonstrate and provide documentation to the DSO of the 
direct economic hardship resulting from the crisis in Somalia. The DSO 
will then verify and update the student's record in SEVIS to enable the 
F-1 nonimmigrant student with TPS to reduce their course load without 
any further action or application. No other EAD needs to be issued for 
the F-1 nonimmigrant student to have employment authorization.

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

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

How long will this notice remain in effect?

    This notice grants temporary relief through March 17, 2023 \22\ to 
eligible F-1 nonimmigrant students. DHS will continue to monitor the 
situation in Somalia. Should the special provisions authorized by this 
notice need modification or extension, DHS will announce such changes 
in the Federal Register.
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    \22\ Because the suspension of requirements under this notice 
applies throughout an academic term during which the suspension is 
in effect, DHS considers an F-1 nonimmigrant student who engages in 
a reduced course load or employment (or both) after this notice is 
effective to be engaging in a ``full course of study,'' see 8 CFR 
214.2(f)(6), and eligible for employment authorization, through the 
end of any academic term for which such student is matriculated as 
of March 17, 2023, provided the student satisfies 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 May 2021].
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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 eligible F-1 nonimmigrant students 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. 2021-15605 Filed 7-21-21; 8:45 am]
BILLING CODE 9111-28-P