Employment Authorization for F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of Emergent Circumstances in Hong Kong, 67485-67489 [2021-25732]
Download as PDF
<![CDATA[
Federal Register / Vol. 86, No. 225 / Friday, November 26, 2021 / Notices
FOR FURTHER INFORMATION CONTACT:
Megan Tsuyi, 202–594–7374, CISA_
CybersecurityAdvisoryCommittee@
cisa.dhs.gov.
The CISA
Cybersecurity Advisory Committee was
established under the National Defense
Authorization Act for Fiscal Year 2021
(Pub. L. 116–283). Notice of this
meeting is given under FACA, 5 U.S.C.
appendix (Pub. L. 92–463). The CISA
Cybersecurity Advisory Committee
advises the CISA Director on matters
related to the development, refinement,
and implementation of policies,
programs, planning, and training
pertaining to the cybersecurity mission
of the Agency.
Agenda: The CISA Cybersecurity
Advisory Committee will meet in an
open session on Friday, December 10,
2021, from 1:00 p.m. to 3:30 p.m. ET to
discuss CISA Cybersecurity Advisory
Committee activities and the
Government’s ongoing cybersecurity
initiatives. The open session will
include: (1) A keynote address; (2) an
overview of CISA; and (3) a discussion
on CISA’s big challenges, priorities, and
potential study topics for the CISA
Cybersecurity Advisory Committee.
The committee will also meet in a
closed session from 10:30 a.m. to 12:00
p.m. ET during which time senior
Government intelligence officials will
provide a classified threat briefing
concerning cybersecurity threats to the
Government and critical infrastructure.
Basis for Closure: In accordance with
section 10(d) of FACA and 5 U.S.C.
552b(c)(1), The Government in the
Sunshine Act, it has been determined
that one agenda item requires closure, as
the disclosure of the information that
will be discussed would not be in the
public interest.
This agenda item includes a threat
briefing, which will provide CISA
Cybersecurity Advisory Committee
members the opportunity to discuss
information concerning cybersecurity
threats with senior Government
intelligence officials. The briefing is
anticipated to be classified at the top
secret/sensitive compartmented
information level. Disclosure of the
threats, vulnerabilities, and mitigation
techniques discussed during the briefing
would present a risk to the Nation’s
cybersecurity posture, as adversaries
could use this information to
compromise commercial and
Government networks. The premature
disclosure of this information to the
public would provide adversaries who
wish to intrude into commercial and
government networks with information
on potential vulnerabilities, current
jspears on DSK121TN23PROD with NOTICES1
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
20:16 Nov 24, 2021
Jkt 256001
mitigation techniques, and existing
cybersecurity defense tactics.
Therefore, this portion of the meeting
is required to be closed pursuant to
section 10(d) of FACA and 5 U.S.C.
552b(c)(l), (3).
Megan Tsuyi,
Designated Federal Officer, CISA
Cybersecurity Advisory Committee,
Cybersecurity and Infrastructure Security
Agency, Department of Homeland Security.
[FR Doc. 2021–25744 Filed 11–24–21; 8:45 am]
BILLING CODE 9110–9P–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Immigration and Customs
Enforcement
[DHS Docket No. ICEB–2021–0009]
RIN 1653–ZA22
Employment Authorization for F–1
Nonimmigrant Students Experiencing
Severe Economic Hardship as a Direct
Result of Emergent Circumstances in
Hong Kong
U.S. Immigration and Customs
Enforcement (ICE), DHS.
ACTION: Notice.
AGENCY:
This notice announces that
the Secretary of Homeland Security
(Secretary) is suspending certain
regulatory requirements for F–1
nonimmigrant students who are Hong
Kong residents (regardless of country of
birth) and who are experiencing severe
economic hardship as a direct result of
the emergent circumstances in Hong
Kong. The Secretary is taking action to
provide relief to Hong Kong residents 1
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:
1 For purposes of this Notice, a Hong Kong
resident is defined as an individual of any
nationality, or without nationality, who has met the
requirements for, and been granted, a Hong Kong
Special Administrative Region Passport, a British
National Overseas Passport, a British Overseas
Citizen Passport, a Hong Kong Permanent Identity
card, or a Hong Kong Special Administrative Region
(HKSAR) Document of Identity for Visa Purposes.
PO 00000
Frm 00056
Fmt 4703
Sfmt 4703
67485
This F–1 notice is effective on
November 26, 2021 through February 5,
2023.
FOR FURTHER INFORMATION CONTACT:
Sharon Snyder, Unit Chief, Policy and
Response Unit, Student and Exchange
Visitor Program, MS 5600, U.S.
Immigration and Customs Enforcement,
500 12th Street SW, Washington, DC
20536–5600; email: sevp@ice.dhs.gov,
telephone: (703) 603–3400. This is not
a toll-free number. Program information
can be found at https://www.ice.gov/
sevis/.
SUPPLEMENTARY INFORMATION:
DATES:
What action is the Department of
Homeland Security (DHS) taking under
this notice?
The Secretary is exercising authority
under 8 CFR 214.2(f)(9) to temporarily
suspend the applicability of certain
requirements governing on-campus and
off-campus employment for F–1
nonimmigrant students who, on the date
of publication of this notice, are Hong
Kong residents, regardless of country of
birth, are present in the United States in
lawful F–1 nonimmigrant student status
and are experiencing severe economic
hardship as a direct result of the
emergent circumstances in Hong Kong.
Effective with this publication,
suspension of the employment
limitations is available through
February 5, 2023, for those who are in
lawful F–1 nonimmigrant status. DHS
will deem an F–1 nonimmigrant student
granted employment authorization
through the 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.2 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:
2 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 February 5, 2023, provided the
student satisfies the minimum course load
requirements 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, Nonimmigrant
Students & SEVP-Certified Schools: Frequently
Asked Questions, available at https://www.ice.gov/
coronavirus [last visited September 2021].
E:\FR\FM\26NON1.SGM
26NON1
67486
Federal Register / Vol. 86, No. 225 / Friday, November 26, 2021 / Notices
(1) Are Hong Kong residents,
regardless of country of birth;
(2) Were lawfully present in the
United States in an F–1 nonimmigrant
status on the date of publication of this
notice, 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
emergent circumstances in Hong Kong.
This notice applies to F–1
nonimmigrant students in an approved
private school in 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 SEVPcertified academic institution remains
eligible for the relief provided by means
of this notice.
jspears on DSK121TN23PROD with NOTICES1
Why is DHS taking this action?
On August 5, 2021, President Biden
issued a memorandum to the Secretary
of State and the Secretary of DHS to
defer for 18 months the removal of
certain Hong Kong residents present in
the United States.3 There are compelling
foreign policy reasons to grant Deferred
Enforced Departure (DED), including the
defense of democracy and the
promotion of human rights in Hong
Kong. Now, DHS is taking action so
eligible F–1 nonimmigrant students who
are Hong Kong residents, regardless of
country of birth, 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.
As of April 20, 2021, 5,067 F–1
nonimmigrants students who are Hong
Kong residents were physically present
in the United States and enrolled in
SEVP-certified academic institutions.
Many of these students are impacted by
the emergent circumstances in Hong
Kong because their primary means of
financial support comes from Hong
Kong. Without employment
authorization, these students may lack
the means to meet basic living expenses.
Therefore, in support of affected F–1
nonimmigrant students who may be
3 ‘‘Deferred Enforced Departure for Certain Hong
Kong Residents Memorandum for the Secretary of
State [and] the Secretary of Homeland Security’’ 86
FR 43587 (Aug. 5, 2021).
VerDate Sep<11>2014
20:16 Nov 24, 2021
Jkt 256001
unable to return to Hong Kong for the
foreseeable future, the Secretary is
exempting them from the normal
student employment requirements so
that they may support themselves as
they continue their program of study in
the United States.
May an eligible F–1 nonimmigrant
student who already has on-campus or
off-campus employment authorization
benefit from the suspension of
regulatory requirements under this
notice?
Yes. An F–1 nonimmigrant student
who
is a Hong Kong resident, regardless
What is the minimum course load
of country of birth, who already has onrequirement to maintain valid F–1
campus or off-campus employment
nonimmigrant status under this notice?
authorization and is otherwise eligible
may benefit under this notice, which
Undergraduate F–1 nonimmigrant
suspends certain regulatory
students who receive on-campus or offrequirements relating to the minimum
campus employment authorization
under this notice must remain registered course load requirement under 8 CFR
214.2(f)(6)(i)(A) and (B) and certain
for a minimum of six semester or
employment eligibility requirements
quarter hours of instruction per
under 8 CFR 214.2(f)(9). Such an
4
academic term. A graduate-level F–1
nonimmigrant student who receives on- eligible F–1 nonimmigrant student may
benefit without having to apply for a
campus or off-campus employment
new Form I–766, Employment
authorization under this notice must
Authorization Document (EAD). To
remain registered for a minimum of
benefit from this notice, the F–1
three semester or quarter hours of
nonimmigrant student must request that
instruction per academic term. See 8
the designated school official (DSO)
CFR 214.2(f)(5)(v). Nothing in this
enter the following statement in the
notice affects the applicability of other
remarks field of the student’s Student
minimum course load requirements set
and Exchange Visitor Information
by the academic institution.
System (SEVIS) record, which the
In addition, an F–1 nonimmigrant
student’s Form I–20, Certificate of
student (either undergraduate or
Eligibility for Nonimmigrant (F–1)
graduate) granted on-campus or offStudent Status, will reflect:
campus employment authorization
Approved for more than 20 hours per
week of [DSO must insert ‘‘on-campus’’
under this notice may count up to the
or ‘‘off-campus,’’ depending upon the
equivalent of one class or three credits
per session, term, semester, trimester, or type of employment authorization the
student already has] employment
quarter of online or distance education
authorization and reduced course load
toward satisfying this minimum course
under the Special Student Relief
load requirement, unless the course of
authorization from [DSO must insert the
study is in a language study
program.5 See 8 CFR 214.2(f)(6)(i)(G). An beginning date of the notice or the
F–1 nonimmigrant student attending an beginning date of the student’s
employment, whichever date is later]
approved private school in grades
kindergarten through grade 12 or public until [DSO must insert either the
student’s program end date, the current
school in grades 9 through 12 must
EAD expiration date (if the student is
maintain ‘‘class attendance for not less
currently authorized for off-campus
than the minimum number of hours a
employment), or the end date of this
week prescribed by the school for
notice, whichever date comes first].
normal progress toward graduation,’’ as
required under 8 CFR 214.2(f)(6)(i)(E).
Must the F–1 nonimmigrant student
Nothing in this notice affects the
apply for reinstatement after expiration
applicability of federal and state labor
of this special employment
laws limiting the employment of
authorization if the student reduces
minors.
their ‘‘full course of study’’?
4 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).
5 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,
Nonimmigrant Students & SEVP-Certified Schools:
Frequently Asked Questions, available at https://
www.ice.gov/coronavirus [last visited September
2021].
PO 00000
Frm 00057
Fmt 4703
Sfmt 4703
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’’ 6 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
6 See
E:\FR\FM\26NON1.SGM
8 CFR 214.2(f)(6).
26NON1
Federal Register / Vol. 86, No. 225 / Friday, November 26, 2021 / Notices
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.7
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 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).
jspears on DSK121TN23PROD with NOTICES1
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 certain F–
1 nonimmigrant students who meet the
following conditions:
(1) Are Hong Kong residents,
regardless of country of birth;
(2) Were lawfully present in the
United States in F–1 nonimmigrant
status on the date of publication of this
notice, under section 101(a)(15)(F)(i) of
the INA, 8 U.S.C. 1101(a)(15)(F)(i);
(3) Are enrolled in an academic
institution that is SEVP certified for
enrollment of F–1 nonimmigrant
students;
(4) Are maintaining F–1
nonimmigrant status; and
(5) Are experiencing severe economic
hardship as a direct result of the
emergent circumstances in Hong Kong.
An F–1 nonimmigrant student who
does not meet all these requirements is
ineligible for the suspension of the
applicability of the standard regulatory
requirements (even if experiencing
severe economic hardship as a direct
result of the emergent circumstances in
Hong Kong).
7 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).
VerDate Sep<11>2014
20:16 Nov 24, 2021
Jkt 256001
Does this notice apply to a continuing
F–1 nonimmigrant student who departs
the United States after the effective date
of this notice in the Federal Register
and who needs to obtain a new F–1 visa
before returning to the United States to
continue an educational program?
Yes. This notice applies to such an F–
1 nonimmigrant student, but only if the
DSO has properly notated the student’s
SEVIS record, which will then appear
on the student’s Form I–20. The normal
rules for visa issuance remain
applicable to a nonimmigrant who
needs to apply for a new F–1 visa in
order to continue their 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 school grades 9 through 12.
Such 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 enrolled in an
elementary school, middle school, or
high school may benefit from the
suspension of the requirement in 8 CFR
214.2(f)(9)(i) that limits on-campus
employment to 20 hours per week while
school is in session. 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 in this notice, the
Secretary is suspending the
applicability of the requirement in 8
CFR 214.2(f)(9)(i) that limits an F–1
nonimmigrant student’s on-campus
employment to 20 hours per week while
school is in session. An eligible F–1
nonimmigrant student has authorization
to work more than 20 hours per week
while school is in session if the DSO has
entered the following statement in the
remarks field of the SEVIS student
PO 00000
Frm 00058
Fmt 4703
Sfmt 4703
67487
record, which will be reflected on the
student’s Form I–20:
Approved for more than 20 hours per week
of on-campus employment and reduced
course load, under the Special Student Relief
authorization from [DSO must insert the
beginning date of this notice or the beginning
date of the student’s employment, whichever
date is later] until [DSO must insert the
student’s program end date or the end date
of this notice, whichever date comes first].
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 emergent
circumstances in Hong Kong. An F–1
nonimmigrant student authorized by the
student’s DSO to engage in on-campus
employment by means of this notice
does not need to file any applications
with USCIS. The standard rules
permitting 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 their F–
1 nonimmigrant 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’’ 8 for the purpose
of maintaining their 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.9
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
8 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.
9 Minimum
E:\FR\FM\26NON1.SGM
26NON1
67488
Federal Register / Vol. 86, No. 225 / Friday, November 26, 2021 / Notices
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
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.
jspears on DSK121TN23PROD with NOTICES1
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’’ 10 for the purpose
of maintaining F–1 nonimmigrant
student status for the duration of the
student’s employment authorization if
the student satisfies the minimum
course load requirement described in
this notice. See 8 CFR 214.2(f)(6)(i)(F).
However, the authorization for reduced
course load is solely for DHS purposes
of determining valid F–1 nonimmigrant
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.11
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
10 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.
11 Minimum
VerDate Sep<11>2014
20:16 Nov 24, 2021
Jkt 256001
authorization based on severe economic
hardship directly resulting from the
emergent circumstances in Hong Kong.
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,
Application for Employment
Authorization. See www.uscis.gov/
feewaiver. The submission must include
an explanation about why USCIS should
grant the fee waiver and the reason(s)
for the inability to pay, and any
evidence to support the reason(s). See 8
CFR 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 emergent circumstances in Hong
Kong.
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 the student’s Form
I–20:
Recommended for off-campus employment
authorization in excess of 20 hours per week
and reduced course load under the Special
Student Relief authorization from the date of
the USCIS authorization noted on Form I–
766 until [DSO must insert the program end
date or 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 F–1
nonimmigrant student be approved for
Special Student Relief, the DSO certifies
that:
(a) The F–1 nonimmigrant student is
in good academic standing and is
carrying a ‘‘full course of study’’ 12 at the
time of the request for employment
authorization;
(b) The F–1 nonimmigrant student is
a Hong Kong resident, regardless of
country of birth, and is experiencing
severe economic hardship as a direct
12 See
PO 00000
8 CFR 214.2(f)(6).
Frm 00059
Fmt 4703
Sfmt 4703
result of the emergent circumstances in
Hong Kong, 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 emergent circumstances in
Hong Kong.
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, Form I–
912, as defined in 8 CFR 103.7(c); and
(3) A signed and dated copy of the
student’s Form I–20 with the
appropriate DSO recommendation, as
previously described in this notice; and
(b) Send the application in an
envelope which is clearly marked on the
front of the envelope, bottom right-hand
side, with the phrase ‘‘SPECIAL
STUDENT RELIEF.’’ Failure to include
this notation may result in significant
processing delays.
If USCIS approves the student’s Form
I–765, USCIS will send the student a
Form I–766 EAD as evidence of
employment authorization. The EAD
will contain an expiration date that does
not exceed the end of the granted
temporary relief.
Deferred Enforced Departure
Considerations
Can an F–1 nonimmigrant student apply
for a DED-related EAD and for benefits
under this notice at the same time?
Yes. An F–1 nonimmigrant student
who has not yet applied for relief that
reduces the student’s course load per
term and permits an increased number
of work hours per week, such as Special
Student Relief,13 under this notice may
want to obtain a DED-based EAD by
13 DHS Study in the States, Special Student Relief
available at https://studyinthestates.dhs.gov/
students/special-student-relief [last accessed March
2021].
E:\FR\FM\26NON1.SGM
26NON1
jspears on DSK121TN23PROD with NOTICES1
Federal Register / Vol. 86, No. 225 / Friday, November 26, 2021 / Notices
filing Form I–765, Application for
Employment Authorization, and pay the
associated fee (or request a fee waiver).
Although not required to do so, if an F–
1 nonimmigrant student wants to obtain
a new EAD that is valid through
February 5, 2023, based on DED, the
student must file Form I–765 and pay
the Form I–765 fee (or request a fee
waiver). After receiving the DED-related
EAD, an F–1 nonimmigrant student may
request that the DSO make the required
entry in SEVIS, issue an updated Form
I–20, as described in this notice, and
notate that the F–1 nonimmigrant
student has been authorized to carry a
reduced course load and is working
pursuant to a DED-related EAD. So long
as the F–1 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
remains covered under DED, then the
student maintains F–1 nonimmigrant
status and DED concurrently.14
When a student applies
simultaneously for a DED-related EAD
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’’ 15 unless or until the F–1
nonimmigrant student is granted
employment authorization under this
notice. DED-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
hours of instruction per academic term
if the student is at the undergraduate
level, or a minimum of three semester
or quarter hours of instruction per
academic term if the student is at the
graduate level). See 8 CFR 214.2(f)(5)(v),
214.2(f)(6), 214.2(f)(9)(i) and (ii).
14 ‘‘Implementation of Employment Authorization
for Individuals Covered by Deferred Enforced
Departure for Hong Kong (Notice).’’ Federal
Register Vol. 86, No. 201 (October 21, 2021), p.
58296.
15 See 8 CFR 214.2(f)(6).
VerDate Sep<11>2014
20:16 Nov 24, 2021
Jkt 256001
How does an F–1 student who has
received a DED-related EAD then apply
for authorization to take a reduced
course load under this notice?
There is no further application
process with USCIS if a student has
been approved for a DED-related EAD.
However, the F–1 nonimmigrant student
must demonstrate and provide
documentation to the DSO of severe
economic hardship as a direct result of
the emergent circumstances in Hong
Kong. The DSO will then verify and
update the student’s SEVIS record to
enable the F–1 nonimmigrant student
with DED 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 noncitizen who has been granted
a DED-related EAD apply for
reinstatement to F–1 nonimmigrant
student status after the noncitizen’s F–
1 nonimmigrant student status has
lapsed?
Yes. Current regulations permit
certain noncitizens 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 a noncitizen who worked on a DEDrelated EAD or dropped their course
load before publication of this notice,
and therefore fell out of F–1
nonimmigrant status. The noncitizen
must satisfy the criteria set forth in the
F–1 nonimmigrant student status
reinstatement regulations. See 8 CFR
214.2(f)(16)
How long will this notice remain in
effect?
This notice grants temporary relief
until February 5, 2023 16 to eligible F–
1 nonimmigrant students. DHS will
continue to monitor the situation in
Hong Kong. Should the special
provisions authorized by this notice
16 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 February 5, 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, Nonimmigrant
Students & SEVP-Certified Schools: Frequently
Asked Questions, available at https://www.ice.gov/
coronavirus [last visited September 2021].
PO 00000
Frm 00060
Fmt 4703
Sfmt 4703
67489
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
resulting from the emergent
circumstances in Hong Kong 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. 2021–25732 Filed 11–24–21; 8:45 am]
BILLING CODE 9111–28–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R6–ES–2021–N203;
FXES11130600000–201–FF06E00000]
Endangered and Threatened Species;
Receipt of Recovery Permit
Applications
AGENCY:
Fish and Wildlife Service,
Interior.
E:\FR\FM\26NON1.SGM
26NON1
]]>Agencies
[Federal Register Volume 86, Number 225 (Friday, November 26, 2021)]
[Notices]
[Pages 67485-67489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25732]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Immigration and Customs Enforcement
[DHS Docket No. ICEB-2021-0009]
RIN 1653-ZA22
Employment Authorization for F-1 Nonimmigrant Students
Experiencing Severe Economic Hardship as a Direct Result of Emergent
Circumstances in Hong Kong
AGENCY: U.S. Immigration and Customs Enforcement (ICE), DHS.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice announces that the Secretary of Homeland Security
(Secretary) is suspending certain regulatory requirements for F-1
nonimmigrant students who are Hong Kong residents (regardless of
country of birth) and who are experiencing severe economic hardship as
a direct result of the emergent circumstances in Hong Kong. The
Secretary is taking action to provide relief to Hong Kong residents \1\
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.
---------------------------------------------------------------------------
\1\ For purposes of this Notice, a Hong Kong resident is defined
as an individual of any nationality, or without nationality, who has
met the requirements for, and been granted, a Hong Kong Special
Administrative Region Passport, a British National Overseas
Passport, a British Overseas Citizen Passport, a Hong Kong Permanent
Identity card, or a Hong Kong Special Administrative Region (HKSAR)
Document of Identity for Visa Purposes.
DATES: This F-1 notice is effective on November 26, 2021 through
---------------------------------------------------------------------------
February 5, 2023.
FOR FURTHER INFORMATION CONTACT: Sharon Snyder, Unit Chief, Policy and
Response Unit, Student and Exchange Visitor Program, MS 5600, U.S.
Immigration and Customs Enforcement, 500 12th Street SW, Washington, DC
20536-5600; email: [email protected], telephone: (703) 603-3400. This is
not a toll-free number. Program information can be found at https://www.ice.gov/sevis/.
SUPPLEMENTARY INFORMATION:
What action is the Department of Homeland Security (DHS) taking under
this notice?
The Secretary is exercising authority under 8 CFR 214.2(f)(9) to
temporarily suspend the applicability of certain requirements governing
on-campus and off-campus employment for F-1 nonimmigrant students who,
on the date of publication of this notice, are Hong Kong residents,
regardless of country of birth, are present in the United States in
lawful F-1 nonimmigrant student status and are experiencing severe
economic hardship as a direct result of the emergent circumstances in
Hong Kong. Effective with this publication, suspension of the
employment limitations is available through February 5, 2023, for those
who are in lawful F-1 nonimmigrant status. DHS will deem an F-1
nonimmigrant student granted employment authorization through the
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.\2\ See 8 CFR 214.2(f)(6)(i)(F).
---------------------------------------------------------------------------
\2\ 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 February 5, 2023, provided the student satisfies the minimum
course load requirements 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,
Nonimmigrant Students & SEVP-Certified Schools: Frequently Asked
Questions, available at https://www.ice.gov/coronavirus [last
visited September 2021].
---------------------------------------------------------------------------
Who is covered by this notice?
This notice applies exclusively to F-1 nonimmigrant students who
meet all of the following conditions:
[[Page 67486]]
(1) Are Hong Kong residents, regardless of country of birth;
(2) Were lawfully present in the United States in an F-1
nonimmigrant status on the date of publication of this notice, 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 emergent circumstances in Hong Kong.
This notice applies to F-1 nonimmigrant students in an approved
private school in 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 institution remains eligible for the relief
provided by means of this notice.
Why is DHS taking this action?
On August 5, 2021, President Biden issued a memorandum to the
Secretary of State and the Secretary of DHS to defer for 18 months the
removal of certain Hong Kong residents present in the United States.\3\
There are compelling foreign policy reasons to grant Deferred Enforced
Departure (DED), including the defense of democracy and the promotion
of human rights in Hong Kong. Now, DHS is taking action so eligible F-1
nonimmigrant students who are Hong Kong residents, regardless of
country of birth, 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.
---------------------------------------------------------------------------
\3\ ``Deferred Enforced Departure for Certain Hong Kong
Residents Memorandum for the Secretary of State [and] the Secretary
of Homeland Security'' 86 FR 43587 (Aug. 5, 2021).
---------------------------------------------------------------------------
As of April 20, 2021, 5,067 F-1 nonimmigrants students who are Hong
Kong residents were physically present in the United States and
enrolled in SEVP-certified academic institutions. Many of these
students are impacted by the emergent circumstances in Hong Kong
because their primary means of financial support comes from Hong Kong.
Without employment authorization, these students may lack the means to
meet basic living expenses. Therefore, in support of affected F-1
nonimmigrant students who may be unable to return to Hong Kong for the
foreseeable future, the Secretary is exempting them from the normal
student employment requirements so that they may support themselves as
they continue their program of study in the United States.
What is the minimum course load requirement to maintain valid F-1
nonimmigrant status under this notice?
Undergraduate F-1 nonimmigrant students who receive on-campus or
off-campus employment authorization under this notice must remain
registered for a minimum of six semester or quarter hours of
instruction per academic term.\4\ A graduate-level F-1 nonimmigrant
student who receives on-campus or off-campus employment authorization
under this notice must remain registered for a minimum of three
semester or quarter hours of instruction per academic term. See 8 CFR
214.2(f)(5)(v). Nothing in this notice affects the applicability of
other minimum course load requirements set by the academic institution.
---------------------------------------------------------------------------
\4\ 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).
---------------------------------------------------------------------------
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.\5\ See 8 CFR 214.2(f)(6)(i)(G). An F-1 nonimmigrant student
attending an approved private school in grades kindergarten through
grade 12 or public school in grades 9 through 12 must maintain ``class
attendance for not less than the minimum number of hours a week
prescribed by the school for normal progress toward graduation,'' as
required under 8 CFR 214.2(f)(6)(i)(E). Nothing in this notice affects
the applicability of federal and state labor laws limiting the
employment of minors.
---------------------------------------------------------------------------
\5\ 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, Nonimmigrant Students & SEVP-Certified
Schools: Frequently Asked Questions, available at https://www.ice.gov/coronavirus [last visited September 2021].
---------------------------------------------------------------------------
May an eligible F-1 nonimmigrant student who already has on-campus or
off-campus employment authorization benefit from the suspension of
regulatory requirements under this notice?
Yes. An F-1 nonimmigrant student who is a Hong Kong resident,
regardless of country of birth, 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, which the
student's Form I-20, Certificate of Eligibility for Nonimmigrant (F-1)
Student Status, will reflect:
Approved for more than 20 hours per week of [DSO must insert ``on-
campus'' or ``off-campus,'' depending upon the type of employment
authorization the student already has] employment authorization and
reduced course load under the Special Student Relief authorization from
[DSO must insert the beginning date of the notice or the beginning date
of the student's employment, whichever date is later] until [DSO must
insert either the student's program end date, the current EAD
expiration date (if the student is currently authorized for off-campus
employment), or the end date of this notice, whichever date comes
first].
Must the F-1 nonimmigrant student apply for reinstatement after
expiration of this special employment authorization if the student
reduces their ``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'' \6\ 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
[[Page 67487]]
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.\7\ 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 status.
---------------------------------------------------------------------------
\6\ See 8 CFR 214.2(f)(6).
\7\ 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).
---------------------------------------------------------------------------
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 certain F-1 nonimmigrant students who meet
the following conditions:
(1) Are Hong Kong residents, regardless of country of birth;
(2) Were lawfully present in the United States in F-1 nonimmigrant
status on the date of publication of this notice, under section
101(a)(15)(F)(i) of the INA, 8 U.S.C. 1101(a)(15)(F)(i);
(3) Are enrolled in an academic institution that is SEVP certified
for enrollment of F-1 nonimmigrant students;
(4) Are maintaining F-1 nonimmigrant status; and
(5) Are experiencing severe economic hardship as a direct result of
the emergent circumstances in Hong Kong.
An F-1 nonimmigrant student who does not meet all these
requirements is ineligible for the suspension of the applicability of
the standard regulatory requirements (even if experiencing severe
economic hardship as a direct result of the emergent circumstances in
Hong Kong).
Does this notice apply to a continuing F-1 nonimmigrant student who
departs the United States after the effective date of this notice in
the Federal Register and who needs to obtain a new F-1 visa before
returning to the United States to continue an educational program?
Yes. This notice applies to such an F-1 nonimmigrant student, but
only if the DSO has properly notated the student's SEVIS record, which
will then appear on the student's Form I-20. The normal rules for visa
issuance remain applicable to a nonimmigrant who needs to apply for a
new F-1 visa in order to continue their 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 school grades 9 through 12.
Such 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
enrolled in an elementary school, middle school, or high school may
benefit from the suspension of the requirement in 8 CFR 214.2(f)(9)(i)
that limits on-campus employment to 20 hours per week while school is
in session. 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 in this notice, the
Secretary is suspending the applicability of the requirement in 8 CFR
214.2(f)(9)(i) that limits an F-1 nonimmigrant student's on-campus
employment to 20 hours per week while school is in session. An eligible
F-1 nonimmigrant student has authorization to work more than 20 hours
per week while school is in session if the DSO has entered the
following statement in the remarks field of the SEVIS student record,
which will be reflected on the student's Form I-20:
Approved for more than 20 hours per week of on-campus employment
and reduced course load, under the Special Student Relief
authorization from [DSO must insert the beginning date of this
notice or the beginning date of the student's employment, whichever
date is later] until [DSO must insert the student's program end date
or the end date of this notice, whichever date comes first].
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 emergent
circumstances in Hong Kong. An F-1 nonimmigrant student authorized by
the student's DSO to engage in on-campus employment by means of this
notice does not need to file any applications with USCIS. The standard
rules permitting 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 their F-1 nonimmigrant 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'' \8\ for the purpose of maintaining their F-1
nonimmigrant student status for the duration of the on-campus
employment if the student satisfies the minimum course load requirement
described in this notice. 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.\9\
---------------------------------------------------------------------------
\8\ See 8 CFR 214.2(f)(6).
\9\ 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.
---------------------------------------------------------------------------
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
[[Page 67488]]
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 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'' \10\ for the purpose of maintaining F-1
nonimmigrant student status for the duration of the student's
employment authorization if the student satisfies the minimum course
load requirement described in this notice. See 8 CFR 214.2(f)(6)(i)(F).
However, the authorization for reduced course load is solely for DHS
purposes of determining valid F-1 nonimmigrant 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.\11\
---------------------------------------------------------------------------
\10\ See 8 CFR 214.2(f)(6).
\11\ 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.
---------------------------------------------------------------------------
How may an eligible F-1 nonimmigrant student obtain employment
authorization for off-campus employment with a reduced course load
under this notice?
An F-1 nonimmigrant student must file a Form I-765, Application for
Employment Authorization, with USCIS to apply for off-campus employment
authorization based on severe economic hardship directly resulting from
the emergent circumstances in Hong Kong. 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, Application for Employment Authorization. See
www.uscis.gov/feewaiver. The submission must include an explanation
about why USCIS should grant the fee waiver and the reason(s) for the
inability to pay, and any evidence to support the reason(s). See 8 CFR
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 emergent circumstances
in Hong Kong.
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 the
student's Form I-20:
Recommended for off-campus employment authorization in excess of
20 hours per week and reduced course load under the Special Student
Relief authorization from the date of the USCIS authorization noted
on Form I-766 until [DSO must insert the program end date or 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 F-1
nonimmigrant student be approved for Special Student Relief, the DSO
certifies that:
(a) The F-1 nonimmigrant student is in good academic standing and
is carrying a ``full course of study'' \12\ at the time of the request
for employment authorization;
---------------------------------------------------------------------------
\12\ See 8 CFR 214.2(f)(6).
---------------------------------------------------------------------------
(b) The F-1 nonimmigrant student is a Hong Kong resident,
regardless of country of birth, and is experiencing severe economic
hardship as a direct result of the emergent circumstances in Hong Kong,
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 emergent
circumstances in Hong Kong.
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,
Form I-912, as defined in 8 CFR 103.7(c); and
(3) A signed and dated copy of the student's Form I-20 with the
appropriate DSO recommendation, as previously described in this notice;
and
(b) Send the application in an envelope which is clearly marked on
the front of the envelope, bottom right-hand side, with the phrase
``SPECIAL STUDENT RELIEF.'' Failure to include this notation may result
in significant processing delays.
If USCIS approves the student's Form I-765, USCIS will send the
student a Form I-766 EAD as evidence of employment authorization. The
EAD will contain an expiration date that does not exceed the end of the
granted temporary relief.
Deferred Enforced Departure Considerations
Can an F-1 nonimmigrant student apply for a DED-related EAD and for
benefits under this notice at the same time?
Yes. An F-1 nonimmigrant student who has not yet applied for relief
that reduces the student's course load per term and permits an
increased number of work hours per week, such as Special Student
Relief,\13\ under this notice may want to obtain a DED-based EAD by
[[Page 67489]]
filing Form I-765, Application for Employment Authorization, and pay
the associated fee (or request a fee waiver). Although not required to
do so, if an F-1 nonimmigrant student wants to obtain a new EAD that is
valid through February 5, 2023, based on DED, the student must file
Form I-765 and pay the Form I-765 fee (or request a fee waiver). After
receiving the DED-related EAD, an F-1 nonimmigrant student may request
that the DSO make the required entry in SEVIS, issue an updated Form I-
20, as described in this notice, and notate that the F-1 nonimmigrant
student has been authorized to carry a reduced course load and is
working pursuant to a DED-related EAD. So long as the F-1 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 remains covered under DED, then
the student maintains F-1 nonimmigrant status and DED concurrently.\14\
---------------------------------------------------------------------------
\13\ DHS Study in the States, Special Student Relief available
at https://studyinthestates.dhs.gov/students/special-student-relief
[last accessed March 2021].
\14\ ``Implementation of Employment Authorization for
Individuals Covered by Deferred Enforced Departure for Hong Kong
(Notice).'' Federal Register Vol. 86, No. 201 (October 21, 2021), p.
58296.
---------------------------------------------------------------------------
When a student applies simultaneously for a DED-related EAD 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'' \15\ unless or until the F-
1 nonimmigrant student is granted employment authorization under this
notice. DED-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 hours of instruction per academic
term if the student is at the undergraduate level, or a minimum of
three semester or quarter hours of instruction per academic term if the
student is at the graduate level). See 8 CFR 214.2(f)(5)(v),
214.2(f)(6), 214.2(f)(9)(i) and (ii).
---------------------------------------------------------------------------
\15\ See 8 CFR 214.2(f)(6).
---------------------------------------------------------------------------
How does an F-1 student who has received a DED-related EAD then apply
for authorization to take a reduced course load under this notice?
There is no further application process with USCIS if a student has
been approved for a DED-related EAD. However, the F-1 nonimmigrant
student must demonstrate and provide documentation to the DSO of severe
economic hardship as a direct result of the emergent circumstances in
Hong Kong. The DSO will then verify and update the student's SEVIS
record to enable the F-1 nonimmigrant student with DED 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 noncitizen who has been granted a DED-related EAD apply for
reinstatement to F-1 nonimmigrant student status after the noncitizen's
F-1 nonimmigrant student status has lapsed?
Yes. Current regulations permit certain noncitizens 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 a noncitizen who worked on
a DED-related EAD or dropped their course load before publication of
this notice, and therefore fell out of F-1 nonimmigrant status. The
noncitizen must satisfy the criteria set forth in the F-1 nonimmigrant
student status reinstatement regulations. See 8 CFR 214.2(f)(16)
How long will this notice remain in effect?
This notice grants temporary relief until February 5, 2023 \16\ to
eligible F-1 nonimmigrant students. DHS will continue to monitor the
situation in Hong Kong. Should the special provisions authorized by
this notice need modification or extension, DHS will announce such
changes in the Federal Register.
---------------------------------------------------------------------------
\16\ 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 February 5, 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,
Nonimmigrant Students & SEVP-Certified Schools: Frequently Asked
Questions, available at https://www.ice.gov/coronavirus [last
visited September 2021].
---------------------------------------------------------------------------
Paperwork Reduction Act (PRA)
An F-1 nonimmigrant student seeking off-campus employment
authorization due to severe economic hardship resulting from the
emergent circumstances in Hong Kong 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. 2021-25732 Filed 11-24-21; 8:45 am]
BILLING CODE 9111-28-P
