Employment Authorization for Venezuelan F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of the Humanitarian Crisis in Venezuela, 55017-55024 [2022-19542]
Download as PDF
<![CDATA[
khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 87, No. 173 / Thursday, September 8, 2022 / Notices
data elements on the DG information
sheet:
• Name of Deceased CBP Employee
• Date of Death
• Location of Death
• Name of Claimant/personal
representative
• Address of Claimant/personal
representative (for payment)
• Phone Number and Email Address of
Claimant/personal representative
• Relationship to Employee (i.e.,
spouse, child, parent, etc.)
• If spouse, date of marriage
• If child or parent, date of birth
• First page of will, if applicable
• Contact information for Executor of
Estate, if applicable
• Copy of Marriage Certificate, if
applicable
• Copy of Letters of Administration, if
applicable
CBP is authorized to collect the
information requested on this form
pursuant to Public Law 104–208 which
allows the agency to pay a death
gratuity in some situations of LODD.
110 Stat. 3009–368, Sept. 30, 1996; 5
U.S.C. 8133 note. In order to make this
payment, CBP must first identify and
obtain the information from the
personal representative so it can be
known where and to whom the payment
should be sent. CBP Retirement and
Benefits Advisory Services (RABAS) has
the authority designated by the Office of
Personnel Management (OPM) to
provide retirement, benefits, and
survivor counselling and processing.
This authority is outlined in detail in
the Civil Service Retirement System/
Federal Employee Retirement System
(CSRS/FERS) Handbook, Federal
Employees Group Life Insurance
(FEGLI) Handbook, and Federal
Employee Health Benefits (FEHB)
Handbook.
Type of Information Collection: Death
Gratuity Information Sheet.
Estimated Number of Respondents:
33.
Estimated Number of Annual
Responses per Respondent: 1.
Estimated Number of Total Annual
Responses: 33.
Estimated Time per Response: 15
minutes.
Estimated Total Annual Burden
Hours: 8.25.
Dated: September 1, 2022.
Seth D. Renkema,
Branch Chief, Economic Impact Analysis
Branch, U.S. Customs and Border Protection.
[FR Doc. 2022–19328 Filed 9–7–22; 8:45 am]
BILLING CODE P
VerDate Sep<11>2014
18:19 Sep 07, 2022
Jkt 256001
DEPARTMENT OF HOMELAND
SECURITY
U.S. Immigration and Customs
Enforcement
[Docket No. ICEB–2022–0010]
RIN 1653–ZA30
Employment Authorization for
Venezuelan F–1 Nonimmigrant
Students Experiencing Severe
Economic Hardship as a Direct Result
of the Humanitarian Crisis in
Venezuela
U.S. Immigration and Customs
Enforcement, Department of Homeland
Security.
ACTION: Notice.
AGENCY:
This notice announces that
the Secretary of Homeland Security
(Secretary) is suspending certain
regulatory requirements for F–1
nonimmigrant students whose country
of citizenship is Venezuela, regardless
of country of birth (or individuals
having no nationality who last
habitually resided in Venezuela), and
who are experiencing severe economic
hardship as a direct result of the
humanitarian crisis in Venezuela. The
Secretary is taking action to provide
relief to those Venezuelan students who
were in lawful F–1 nonimmigrant
student status on April 22, 2021, and are
currently maintaining F–1
nonimmigrant student status, 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 their F–1
nonimmigrant student status. The U.S.
Department of Homeland Security
(DHS) will deem an F–1 nonimmigrant
student who receives employment
authorization by means of this notice to
be engaged in a ‘‘full course of study’’
for the duration of the employment
authorization, if the nonimmigrant
student satisfies the minimum course
load requirement described in this
notice.
DATES: This F–1 visa action is effective
from September 10, 2022, through
March 10, 2024.
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/.
SUMMARY:
PO 00000
Frm 00064
Fmt 4703
Sfmt 4703
55017
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 oncampus and off-campus employment for
F–1 nonimmigrant students whose
country of citizenship is Venezuela
regardless of country of birth (or
individuals having no nationality who
last habitually resided in Venezuela),
who were lawfully present in the United
States in F–1 nonimmigrant student
status on April 22, 2021 and continue to
be lawfully present in F–1
nonimmigrant student status, and who
are experiencing severe economic
hardship as a direct result of the
humanitarian crisis in Venezuela. The
original notice, which applied to F–1
nonimmigrant students who met certain
criteria, including having been lawfully
present in the United States in F–1
nonimmigrant status on April 22, 2021,
was effective from April 22, 2021, until
September 9, 2022. See 86 FR 21328
(Apr. 22, 2021). Effective with this
publication, suspension of the
employment limitations is available
through March 10, 2024, for those who
were in lawful F–1 nonimmigrant status
as of April 22, 2021, and are currently
maintaining F–1 nonimmigrant status.
DHS will deem an F–1 nonimmigrant
student granted employment
authorization through this notice to be
engaged in a ‘‘full course of study’’ for
the duration of the employment
authorization, if the student satisfies the
minimum course load set forth in this
notice.1 See 8 CFR 214.2(f)(6)(i)(F).
Who is covered by this notice?
This notice applies exclusively to F–
1 nonimmigrant students who meet all
of the following conditions:
1 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 10, 2024, provided the
student satisfies the minimum course load
requirements in this notice. DHS also considers
students who engage in online coursework pursuant
to U.S. Immigration and Customs Enforcement (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 & SEVPCertified Schools: Frequently Asked Questions,
https://www.ice.gov/coronavirus (last visited July 8,
2022).
E:\FR\FM\08SEN1.SGM
08SEN1
55018
Federal Register / Vol. 87, No. 173 / Thursday, September 8, 2022 / Notices
(1) Are a citizen of Venezuela regardless of
country of birth (or an individual having no
nationality who last habitually resided in
Venezuela
(2) Were lawfully present in the United
States in F–1 nonimmigrant status under
section 101(a)(15)(F)(i) of the Immigration
and Nationality Act (INA), 8 U.S.C.
1101(a)(15)(F)(i), on April 22, 2021;
(3) Are enrolled in an academic institution
that is Student and Exchange Visitor Program
(SEVP)-certified for enrollment for F–1
nonimmigrant students;
(4) Are currently maintaining F–1
nonimmigrant status; and
(5) Are experiencing severe economic
hardship as a direct result of the
humanitarian crisis in Venezuela.
khammond on DSKJM1Z7X2PROD with NOTICES
This notice applies to F–1
nonimmigrant students in an approved
private school in kindergarten through
grade 12, public school 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?
DHS is taking action to provide relief
to Venezuelan F–1 nonimmigrant
students experiencing severe economic
hardship due to the ongoing
humanitarian crisis in Venezuela. Based
on its review of country conditions in
Venezuela and input received from the
U.S. Department of State, DHS is taking
action to allow eligible F–1
nonimmigrant students from Venezuela
(or individuals having no nationality
who last habitually resided in
Venezuela) to 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.
Previously DHS took action to provide
temporary relief to F–1 nonimmigrant
students whose country of citizenship is
Venezuela regardless of country of birth
(or individuals having no nationality
who last habitually resided in
Venezuela) and who experienced severe
economic hardship because of the
humanitarian crisis in Venezuela. See
86 FR 21328 (Apr. 22, 2021). It enabled
these F–1 nonimmigrant students to
request and obtain employment
authorization, work an increased
number of hours while school was in
session, and reduce their course load,
while continuing to maintain their F–1
nonimmigrant student status.
DHS reviewed conditions in
Venezuela and determined that
suspending certain employment
authorization requirements for eligible
VerDate Sep<11>2014
18:19 Sep 07, 2022
Jkt 256001
nonimmigrant students is again
warranted due to the ongoing
humanitarian crisis. Venezuela
‘‘remains in the throes of a prolonged
humanitarian emergency.’’ 2 Under
Nicola´s Maduro’s regime,3 the country
‘‘has been in the midst of a severe
political and economic crisis for several
years.’’ 4 As of February 2022, the
country remained ‘‘politically
deadlocked and mired in humanitarian
emergency.’’ 5 A wide range of factors
have marked Venezuela’s crisis,
including: an economic crisis; inflation
and hyperinflation; ‘‘massive poverty’’; 6
a ‘‘collapsed health system’’; 7 the
impact of the COVID–19 pandemic; food
insecurity, including child malnutrition;
the collapse and deprivation of basic
services; power outages; water and fuel
shortages; political polarization and
dispute between the regime and the
opposition; repression of perceived
regime opponents and dissidents;
human rights abuses, including
allegations of crimes against humanity;
high rates of homicide and crime; the
operation of non-state armed groups;
corruption; and killings by security
forces, among other factors.8 The United
2 Overcoming the Global Rift on Venezuela,
International Crisis Group, p.3, Feb. 17, 2022.
3 Ribando Seelke, Clare, Nelson, Rebecca M,
Margesson, Rhoda, Brown, Phillip, Venezuela:
Background and U.S. Relations, Congressional
Research Service (CRS), Summary, Apr. 28, 2021.
4 Venezuelan Humanitarian and Refugee Crisis,
Center for Disaster Philanthropy, Jan. 25, 2022.
5 Overcoming the Global Rift on Venezuela,
International Crisis Group, p. I, Feb. 17, 2022.
6 Why the kids of Venezuela aren’t getting enough
to eat, NPR, Jan. 11, 2022.
7 World Report 2022—Venezuela, Human Rights
Watch, Jan. 2022.
8 Venezuelan Humanitarian and Refugee Crisis,
Center for Disaster Philanthropy, Jan. 25, 2022;
Ribando Seelke, Clare, Nelson, Rebecca M., Brown,
Phillip, Margesson, Rhoda, Venezuela: Background
and U.S. Relations, Congressional Research Service
(CRS), p.6, 8–9, 11, Summary, Apr. 28, 2021;
Venezuela creeps out of hyperinflation, but no one
feels it, Agence France-Presse (AFP), Jan. 15, 2022;
World Report 2022—Venezuela, Human Rights
Watch, Jan. 2022; Situation of human rights and
technical assistance in the Bolivarian Republic of
Venezuela, Office of the United Nations High
Commissioner for Human Rights (OHCHR), p.4–5,
Sep. 10, 2021; Why the kids of Venezuela aren’t
getting enough to eat, NPR, Jan. 11, 2022;
Venezuela: Complex Crisis—Overview, ACAPS,
Oct. 14, 2021, https://www.acaps.org/country/
venezuela/crisis/complex-crisis (last visited Feb. 17,
2022); Follow-up Report on the Impacts of the
Complex Humanitarian Emergency in Venezuela
with the COVID pandemic. Update as of June 2021,
HumVenezuela, p.14, Jun. 2021; Venezuelan
Migration and Refugee Crisis, Working Group of the
Organization of American States (OAS) on the
Crisis of Venezuelan Migrants and Refugees in the
Region, p. 12–22, Jun. 2021; Delgado, Antonio
Maria, and Rodrı´guez Montilla, Camille, ‘The
country’s whole food supply is at risk.’ Diesel
shortages hit Venezuela’s truckers., Miami Herald,
Mar. 11, 2021; Venezuela: Country Focus, European
Asylum Support Office (EASO), p.21, Aug. 2020;
Overcoming the Global Rift on Venezuela,
PO 00000
Frm 00065
Fmt 4703
Sfmt 4703
Nations Office for the Coordination of
Humanitarian Affairs (UNOCHA) has
reported that ‘‘[s]even million people
require some form of humanitarian or
protection assistance in Venezuela.’’ 9
Economic Crisis
Venezuela continues to be impacted
by a severe economic crisis.10 The
Congressional Research Service (CRS)
reported in April 2021 that
‘‘Venezuela’s economy has
collapsed’’,11 Venezuela was ‘‘plagued
by hyperinflation’’ 12 and ‘‘[a]ccording
to household surveys, the percentage of
Venezuelans living in poverty increased
from 48.4% in 2014 to 96% in 2019
(with 80% in extreme poverty).’’ 13
According to ACAPS,
‘‘multidimensional poverty’’ in
Venezuela ‘‘has led to the deprivation or
deterioration of education, housing,
overall access to public services,
income, and employment.’’ 14
Health Crisis & COVID–19 Pandemic
Sources have described Venezuela’s
healthcare system as ‘‘run-down,’’ 15
‘‘overloaded and crumbling,’’ 16 and
‘‘collapsed.’’ 17 Moreover, in its 2021
International Crisis Group, p. i, Feb. 17, 2022;
Situation of human rights in the Bolivarian
Republic of Venezuela, Office of the United Nations
High Commissioner for Human Rights (OHCHR),
p.4, Jun. 16, 2021; Venezuela 2020 Crime & Safety
Report, Overseas Security Advisory Council
(OSAC), U.S. Department of State, July 21, 2020;
InSight Crime’s 2021 Homicide Round-Up, InSight
Crime, Feb. 1, 2022; Gorder, Gabrielle, and Robbins,
Seth, What are the Most Corrupt Countries in Latin
America?, InSight Crime, Feb. 11, 2022; Venezuela:
Calculated repression: Correlation between
stigmatization and politically motivated arbitrary
detentions, Amnesty International, p.11, 52, Feb.
10, 2022.
9 Venezuela, United Nations Office for the
Coordination of Humanitarian Affairs (UNOCHA),
https://www.unocha.org/venezuela (last visited
Mar. 11, 2022).
10 Venezuelan Humanitarian and Refugee Crisis,
Center for Disaster Philanthropy, Jan. 25, 2022.
11 Ribando Seelke, Clare, Nelson, Rebecca M,
Margesson, Rhoda, Brown, Phillip, Venezuela:
Background and U.S. Relations, Congressional
Research Service (CRS), Summary, Apr. 28, 2021.
12 Ribando Seelke, Clare, Nelson, Rebecca M.,
Brown, Phillip, Margesson, Rhoda, Venezuela:
Background and U.S. Relations, Congressional
Research Service (CRS), Summary, Apr. 28, 2021.
13 Ribando Seelke, Clare, Nelson, Rebecca M.,
Brown, Phillip, Margesson, Rhoda, Venezuela:
Background and U.S. Relations, Congressional
Research Service (CRS), p.11, Apr. 28, 2021.
14 Venezuela: Complex Crisis—Overview, ACAPS,
Oct. 14, 2021, https://www.acaps.org/country/
venezuela/crisis/complex-crisis (last visited Feb. 17,
2022).
15 Sequera, Vivian, Venezuela COVID patients,
exhausted doctors get mental health help from
medical charity, Reuters, Feb. 2, 2022.
16 Venezuelans rely on the kindness of strangers
to pay for COVID–19 treatment, Reuters, Oct. 4,
2021.
17 Ribando Seelke, Clare, Nelson, Rebecca M.,
Brown, Phillip, Margesson, Rhoda, Venezuela:
Background and U.S. Relations, Congressional
E:\FR\FM\08SEN1.SGM
08SEN1
Federal Register / Vol. 87, No. 173 / Thursday, September 8, 2022 / Notices
annual report (published in January
2022), Human Rights Watch (HRW)
stated that Venezuela’s ‘‘collapsed
health system’’ has led to the resurgence
of vaccine preventable and infectious
diseases.18 HRW reported in January
2022 that—according to a local nongovernmental organization—‘‘83 percent
of hospitals have insufficient or no
access to personal protective equipment
such as masks and gloves, and 95
percent similarly lack sufficient
cleaning supplies, including soap and
disinfectant.’’ 19
COVID–19 was first detected in
Venezuela in March 2020.20 Since then,
the regime has ‘‘declared a national
‘state of alarm’, enforced preventive
sanitary measures, and redirected the
national health system toward treatment
of COVID–19 patients.’’ 21 However, as
the Office of the United Nations High
Commissioner for Human Rights also
noted in a September 2021 report, the
pandemic compounded preexisting
challenges such as lack of equipment
and medicines, loss of qualified health
personnel, and insufficient maintenance
of infrastructure.22 Moreover, in January
2022, HRW reported that ‘‘Venezuela’s
C[OVID]–19 vaccination has been
marred by corruption allegations and
opacity regarding the acquisition and
distribution of vaccines and other
medical supplies.’’ 23
Food Security
khammond on DSKJM1Z7X2PROD with NOTICES
In April 2021, CRS reported that food
insecurity in Venezuela is ‘‘a significant
issue, mainly due to the price of food
rather than its lack of availability.’’ 24 In
its annual report on Venezuela, HRW
noted that the ‘‘WFP [World Food
Program] estimates that one in three
Venezuelans is food insecure and in
Research Service (CRS), p.11, Apr. 28, 2021; World
Report 2022—Venezuela, Human Rights Watch, Jan.
2022.
18 World Report 2022—Venezuela, Human Rights
Watch, Jan. 2022.
19 World Report 2022—Venezuela, Human Rights
Watch, Jan. 2022.
20 Situation of human rights and technical
assistance in the Bolivarian Republic of Venezuela,
Office of the United Nations High Commissioner for
Human Rights (OHCHR), p.4, Sep. 10, 2021.
21 Situation of human rights and technical
assistance in the Bolivarian Republic of Venezuela,
Office of the United Nations High Commissioner for
Human Rights (OHCHR), p.4, Sep. 10, 2021.
22 Situation of human rights and technical
assistance in the Bolivarian Republic of Venezuela,
Office of the United Nations High Commissioner for
Human Rights (OHCHR), p.4, Sep. 10, 2021.
23 World Report 2022—Venezuela, Human Rights
Watch, Jan. 2022.
24 Ribando Seelke, Clare, Nelson, Rebecca M.,
Brown, Phillip, Margesson, Rhoda, Venezuela:
Background and U.S. Relations, Congressional
Research Service (CRS), p.11, Apr. 28, 2021.
VerDate Sep<11>2014
18:19 Sep 07, 2022
Jkt 256001
need of assistance.25 Moreover, National
Public Radio (NPR) reported in January
2022 that ‘‘Venezuela now faces a
catastrophe of its own making—
widespread malnutrition among the
country’s children.’’ 26 The media outlet
also noted that ‘‘[i]n a survey last year,
the development group Caritas found
that 42% of children in the country’s
poorest neighborhoods suffered from
stunting or wasting. That means they’re
too short or underweight for their
ages.’’ 27
Access to Basic Services (Electricity,
Water, and Gas)
Venezuela has experienced a
‘‘collapse of basic services.’’ 28 In a June
2021 report, the Working Group of the
Organization of American States (OAS)
on the Crisis of Venezuelan Migrants
and Refugees in the Region noted that
Venezuelans face daily power outages
and face water shortages.29 Reuters
noted in February 2021 that
‘‘[p]rovincial cities have suffered
frequent blackouts since a 2019 power
outage paralyzed the country for nearly
a month.’’ 30 In mid-December 2021,
Venezuela experienced blackouts in
Caracas and at least 15 of 23 states.31
ACAPS has noted that ‘‘[a]ccess to clean
water is increasingly difficult after the
collapse of basic services, aggravating
water and sanitation problems.’’ 32
Exposure to unsafe water puts people’s
lives and health at risk. By 2021, 76%
of the population was affected by
deficient sewage collection services and
some 15.9% remained unconnected to
the sewage network.33 NPR reported that
many in Venezuela have fallen back on
using fire to cook because normally 90%
of the population cooks with propane
25 World Report 2022—Venezuela, Human Rights
Watch, Jan. 2022.
26 Why the kids of Venezuela aren’t getting
enough to eat, NPR, Jan. 11, 2022.
27 Why the kids of Venezuela aren’t getting
enough to eat, NPR, Jan. 11, 2022.
28 Venezuela: Complex Crisis—Overview,
ACAPS, Oct. 14, 2021, https://www.acaps.org/
country/venezuela/crisis/complex-crisis (last visited
Feb. 17, 2022).
29 Venezuelan Migration and Refugee Crisis,
Working Group of the Organization of American
States (OAS) on the Crisis of Venezuelan Migrants
and Refugees in the Region, p. 20, Jun. 2021.
30 Ellsworth, Brian, and Sequera, Vivian,
Analysis: Collapsed health system makes Venezuela
vaccination campaign an uphill battle, Reuters, Feb.
12, 2021.
31 Venezuela experiences blackouts in capital and
at least 15 states, Reuters, Dec. 17, 2021.
32 Venezuela: Complex Crisis—Overview,
ACAPS, Oct. 14, 2021, https://www.acaps.org/
country/venezuela/crisis/complex-crisis (last visited
Feb. 24, 2022).
33 Follow-up Report on the Impacts of the
Complex Humanitarian Emergency in Venezuela
with the COVID pandemic. Update as of June 2021,
HumVenezuela, p.26, Jun. 2021.
PO 00000
Frm 00066
Fmt 4703
Sfmt 4703
55019
stoves, but there is a severe propane
shortage and those with electric stoves
cannot use them with the frequent
power outages.34
Political Crisis
Moreover, Venezuela has experienced
over ‘‘two decades of political tumult’’
amidst a between self-proclaimed
socialist Hugo Cha´vez (1999–2013) and
his successor Nicola´s Maduro, on one
side, and the Government of Juan
Guaido and an opposition alliance on
the other.35 The European Asylum
Support Office (EASO) reported that
this political polarization contributed to
the emergence of institutional duality in
Venezuela, in which each side does not
recognize the validity of the other’s
institutions.36
Political Repression & Human Rights
According to CRS, international
organizations have expressed concerned
about the deterioration of democratic
institutions and threats to freedom of
speech and press in Venezuela.37 In a
February 2022 report, Amnesty
International noted that ‘‘[c]rimes under
international law and human rights
violations, including politically
motivated arbitrary detentions, torture,
extrajudicial executions and excessive
use of force have been systematic and
widespread, and could constitute crimes
against humanity.’’ 38 In its annual
report covering 2021, HRW stated that
the regime ‘‘and its security forces are
responsible for extrajudicial executions
and short-term forced disappearances
and have jailed opponents, prosecuted
civilians in military courts, tortured
detainees, and cracked down on
protesters. [The regime] used a state of
emergency implemented in response to
C[OVID]–19 as a pretext to intensify
their control over the population. The
lack of judicial independence
contributed to impunity for these
crimes.’’ 39
Crime & Insecurity
CRS reported in April 2021 that
Venezuela has ‘‘among the highest
34 Otis, John, Venezuelans are cooking over wood
fires because of a shortage of propane, NPR, Jan. 8,
2022.
35 Overcoming the Global Rift on Venezuela,
International Crisis Group, p.i, Feb. 17, 2022.
36 Venezuela: Country Focus, European Asylum
Support Office (EASO), p.21, Aug. 2020.
37 Ribando Seelke, Clare, Nelson, Rebecca M.,
Brown, Phillip, Margesson, Rhoda, Venezuela:
Background and U.S. Relations, Congressional
Research Service (CRS), p.6, Apr. 28, 2021.
38 Venezuela: Calculated repression: Correlation
between stigmatization and politically motivated
arbitrary detentions, Amnesty International, p.11,
Feb. 10, 2022.
39 World Report 2022—Venezuela, Human Rights
Watch, Jan. 2022.
E:\FR\FM\08SEN1.SGM
08SEN1
55020
Federal Register / Vol. 87, No. 173 / Thursday, September 8, 2022 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
homicide and crime victimization rates
in Latin America and the Caribbean.’’ 40
Similarly, the U.S. Department of State’s
Overseas Security Advisory Council
(OSAC) reported in July 2020 that
Venezuela has ‘‘one of the highest
number [sic] of violent deaths in the
region and in the world.’’ 41 In a report
dated August 2020, EASO reported that
as political conflict has intensified,
armed groups operating in Venezuela
have increasingly preyed on the state’s
absence, fissures or weakness, providing
them with the sort of power and
economic stakes which directly threaten
the country’s long-term stability and
giving them effective territorial control
in their areas of influence.42 Reporting
on Transparency International’s 2021
Corruption Perceptions Index (CPI),
InSight Crime noted in February 2022
that Venezuela ‘‘held the title for the
seventh consecutive year as the most
corrupt country in the Western
Hemisphere with a score of 14, an alltime low for the country.’’ 43
ongoing humanitarian crisis in
Venezuela, affected students whose
primary means of financial support
comes from Venezuela may need to be
exempt from the normal student
employment requirements to continue
their studies in the United States. The
ongoing humanitarian crisis has made it
unfeasible for many students to safely
return to Venezuela 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 to maintain valid F–1
nonimmigrant status under this notice?
Undergraduate F–1 nonimmigrant
students who receive on-campus or offcampus employment authorization
under this notice must remain registered
for a minimum of six semester or
quarter hours of instruction per
academic term. Undergraduate F–1
nonimmigrant students enrolled in a
term of different duration must register
for at least one half of the credit hours
Migration
normally required under a ‘‘full course
of study.’’ See 8 CFR 214.2(f)(6)(i)(B)
More than six million refugees and
and (F). A graduate-level F–1
migrants from Venezuela have left their
nonimmigrant student who receives oncountry of origin, with more than five
million being hosted in the region.’’ 44 In campus- or off-campus employment
authorization under this notice must
June 2021, the Working Group of the
remain registered for a minimum of
OAS on the Crisis of Venezuelan
three semester or quarter hours of
Migrants and Refugees in the Region
instruction per academic term. See 8
identified five main reasons that
CFR 214.2(f)(5)(v). Nothing in this
Venezuelans have been forced to flee
notice affects the applicability of other
their country: (1) ‘‘Complex
Humanitarian Emergency’’; (2) ‘‘Human minimum course load requirements set
by the academic institution.
Rights Violations’’; (3) ‘‘Widespread
In addition, an F–1 nonimmigrant
Violence’’; (4) ‘‘Collapse of Public
student (either undergraduate or
Services’’; (5) ‘‘Economic Collapse.’’ 45
graduate) granted on-campus or offAs of July 11, 2022, approximately
campus employment authorization
3,920 F–1 nonimmigrant students from
under this notice may count up- to the
Venezuela (or individuals having no
equivalent of one class or three credits
nationality who last habitually resided
per session, term, semester, trimester, or
in Venezuela) are enrolled at SEVPquarter of online or distance education
certified academic institutions in the
toward satisfying this minimum course
United States. Given the extent of the
load requirement, unless their course of
40 Ribando Seelke, Clare, Nelson, Rebecca M.,
study is in an English language study
Brown, Phillip, Margesson, Rhoda, Venezuela:
program.46 See 8 CFR 214.2(f)(6)(i)(G).
Background and U.S. Relations, Congressional
An F–1 nonimmigrant student attending
Research Service (CRS), p.6, Apr. 28, 2021.
an approved private school in
41 Venezuela 2020 Crime & Safety Report,
kindergarten through grade 12 or public
Overseas Security Advisory Council (OSAC), U.S.
school in grades 9 through 12 must
Department of State, July 21, 2020.
42 Venezuela: Country Focus, European Asylum
maintain ‘‘class attendance for not less
Support Office (EASO), p.21, Aug. 2020.
than the minimum number of hours a
43 Gorder, Gabrielle, and Robbins, Seth, What are
week prescribed by the school for
the Most Corrupt Countries in Latin America?,
normal progress toward graduation,’’ as
InSight Crime, Feb. 11, 2022.
required under 8 CFR 214.2(f)(6)(i)(E).
44 RMRP 2022—Regional Refugee and Migrant
Response Plan (RMRP)—January-December 2022,
Inter-Agency Coordination Platform for Refugees
and Migrants from Venezuela (R4V), p.6, Dec. 7,
2021.
45 Venezuelan Migration and Refugee Crisis,
Working Group of the Organization of American
States (OAS) on the Crisis of Venezuelan Migrants
and Refugees in the Region, p. 12–22, Jun. 2021.
VerDate Sep<11>2014
18:19 Sep 07, 2022
Jkt 256001
46 DHS considers students who are compliant
with ICE COVID–19 guidance for nonimmigrant
students to be in compliance with regulations while
such COVID–19 guidance remains in effect. See ICE
Guidance and Frequently Asked Questions on
COVID–19, https://www.ice.gov/coronavirus (last
visited July 8, 2022).
PO 00000
Frm 00067
Fmt 4703
Sfmt 4703
Nothing in this notice affects the
applicability of federal and state labor
laws limiting the employment of
minors.
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 Venezuela citizen, regardless of
country of birth (or an individual having
no nationality who last habitually
resided in Venezuela), 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) 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 their designated
school official (DSO) enter the following
statement in the remarks field of the
student’s Student and Exchange Visitor
Information System (SEVIS) record,
which the student’s Form I–20,
Certificate of Eligibility for
Nonimmigrant (F–1) Student Status,
will reflect:
Approved for more than 20 hours per week
of [DSO must insert ‘‘on-campus’’ or ‘‘offcampus,’’ depending upon the type of
employment authorization the student
already has] employment authorization and
reduced course load under the Special
Student Relief authorization from [DSO must
insert the beginning date of the notice or the
beginning date of the student’s employment,
whichever date is later] until [DSO must
insert either the student’s program end date,
the current EAD expiration date (if the
student is currently authorized for offcampus employment), or the end date of this
notice, whichever date comes first].47
47 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 10, 2024, provided the
student satisfies the minimum course load
requirements in this notice.
E:\FR\FM\08SEN1.SGM
08SEN1
Federal Register / Vol. 87, No. 173 / Thursday, September 8, 2022 / Notices
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’’ 48 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. See 8 CFR
214.2(f)(5)(v) and (f)(6)(i)(F).
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) and (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 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, consistent with 8
CFR 214.2(f)(15)(i).
Will the suspension of the applicability
of the standard student employment
requirements apply to an individual
who received an initial F–1 visa and
made an initial entry into the United
States after April 22, 2021?
khammond on DSKJM1Z7X2PROD with NOTICES
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 a citizen of Venezuela regardless of
country of birth (or an individual having no
nationality who last habitually resided in
Venezuela);
(2) Were lawfully present in the United
States in F–1 nonimmigrant status, under
48 See
8 CFR 214.2(f)(6).
VerDate Sep<11>2014
18:19 Sep 07, 2022
Jkt 256001
section 101(a)(15)(F)(i) of the INA, 8 U.S.C.
1101(a)(15)(F)(i) on April 22, 2021;
(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
humanitarian crisis in Venezuela.
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 ongoing humanitarian crisis
in Venezuela).
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 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 from
Venezuela (or individuals having no
nationality who last habitually resided
in Venezuela) enrolled in kindergarten
through grade 12 at a private school, or
grades 9 through 12 at a public high
school. Such students must maintain
the minimum number of hours of class
attendance per week prescribed by the
academic institution for normal progress
toward graduation, as required under 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 from Venezuela
(or individuals having no nationality
who last habitually resided in
Venezuela) 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
PO 00000
Frm 00068
Fmt 4703
Sfmt 4703
55021
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 student’s SEVIS
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].49
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 humanitarian crisis in
Venezuela. An F–1 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 U.S.
Citizenship and Immigration Services
(USCIS). The standard rules permitting
full-time employment on-campus when
school is not in session or during school
vacations apply, as described in 8 CFR
214.2(f)(9)(i).
49 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 10, 2024, provided the
student satisfies the minimum course load
requirements in this notice.
E:\FR\FM\08SEN1.SGM
08SEN1
55022
Federal Register / Vol. 87, No. 173 / Thursday, September 8, 2022 / Notices
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 nonimmigrant student status?
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 oncampus employment authorization
under this notice to be engaged in a
‘‘full course of study’’ 50 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,
consistent with 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
academic institution’s minimum course
load requirement for continued
enrollment.51
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’’ 52 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, consistent with 8 CFR
214.2(f)(6)(i)(F). However, the
authorization for a reduced course load
is solely for DHS purposes of
determining valid F–1 nonimmigrant
student status. Nothing in this notice
mandates that school officials allow an
F–1 nonimmigrant student to take a
reduced course load if such reduced
course load would not meet the school’s
minimum course load requirement.53
Off-Campus Employment Authorization
khammond on DSKJM1Z7X2PROD with NOTICES
What regulatory requirements does this
notice temporarily suspend relating to
off-campus employment?
For an F–1 nonimmigrant student
covered by this notice, as provided
under 8 CFR 214.2(f)(9)(ii)(A), the
Secretary is suspending the following
regulatory requirements relating to offcampus employment:
(a) The requirement that a student
must have been in F–1 nonimmigrant
student status for one full academic year
to be eligible for off-campus
employment;
(b) The requirement that an F–1
nonimmigrant student must
demonstrate that acceptance of
employment will not interfere with the
student’s carrying a full course of study;
(c) The requirement that limits an F–
1 nonimmigrant student’s employment
authorization to no more than 20 hours
per week of off-campus employment
while the 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.
50 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.
51 Minimum
VerDate Sep<11>2014
18:19 Sep 07, 2022
Jkt 256001
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
humanitarian crisis in Venezuela. 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 their DSO:
52 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.
53 Minimum
PO 00000
Frm 00069
Fmt 4703
Sfmt 4703
(1) This employment is necessary to avoid
severe economic hardship; and
(2) The hardship is a direct result of the
humanitarian crisis in Venezuela.
If the DSO agrees that the F–1
nonimmigrant student is entitled to
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].54
The F–1 nonimmigrant student must
then file the properly endorsed Form I–
20 and Form I–765 according to the
instructions for the Form I–765. The F–
1 nonimmigrant student may begin
working off-campus only upon receipt
of the EAD from USCIS.
DSO recommendation. In making a
recommendation that an F–1
nonimmigrant student be approved for
Special Student Relief, the DSO certifies
that:
(a) The F–1 nonimmigrant student is
in good academic standing and is
carrying a ‘‘full course of study’’ 55 at the
time of the request for employment
authorization;
(b) The F–1 nonimmigrant student is
a citizen of Venezuela, regardless of
country of birth (or an individual having
no nationality who last habitually
resided in Venezuela), and is
experiencing severe economic hardship
as a direct result of the humanitarian
crisis in Venezuela, 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 this notice 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
54 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 10, 2024, provided the
student satisfies the minimum course load
requirements in this notice.
55 See 8 CFR 214.2(f)(6).
E:\FR\FM\08SEN1.SGM
08SEN1
Federal Register / Vol. 87, No. 173 / Thursday, September 8, 2022 / Notices
instruction per academic term if the
student is at the graduate level; 56 and
(d) The off-campus employment is
necessary to alleviate severe economic
hardship to the individual as a direct
result of the humanitarian crisis in
Venezuela.
Processing. To facilitate prompt
adjudication of the student’s application
for off-campus-employment
authorization under 8 CFR
214.2(f)(9)(ii)(C), the F–1 nonimmigrant
student should do both of the following:
(a) Ensure that the application
package includes all of the following
documents:
(1) A completed Form I–765;
(2) The required fee or properly
documented fee waiver request as
defined in 8 CFR 103.7(c); and
(3) A signed and dated copy of the
student’s Form I–20 with the
appropriate DSO recommendation, as
previously described in this notice; and
(b) Send the application in an
envelope 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.
Temporary Protected Status (TPS)
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 for
other 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,57
under this notice has two options.
Under the first option, the
nonimmigrant student may apply for
TPS according to the instructions in the
USCIS notice designating Venezuela for
TPS elsewhere in this issue of the
Federal Register.58 All TPS applicants
56 8
CFR 214.2(f)(5)(v).
DHS Study in the States, Special Student
Relief, https://studyinthestates.dhs.gov/students/
special-student-relief (last visited June 3, 2022).
58 Only those Venezuelan nationals (and
noncitizens having no nationality who last
habitually resided in Venezuela) who have
continuously resided in the United States since
March 8, 2021, and have been continuously
physically present in the United States since March
10, 2021, are eligible to apply for TPS under this
notice.
khammond on DSKJM1Z7X2PROD with NOTICES
57 See
VerDate Sep<11>2014
18:19 Sep 07, 2022
Jkt 256001
must file a Form I–821, Application for
Temporary Protected Status with the
appropriate fee (or request a fee waiver).
Although not required to do so, if F–1
nonimmigrant students want to obtain a
new TPS-related EAD that is valid
through March 10, 2024, they must file
Form I–765 and pay the Form I–765 fee
(or submit a Request for Fee Waiver
(Form I–912)). An F–1 student who
already has a TPS-related EAD will
benefit from an automatic extension of
the EAD through September 9, 2023,
through the Federal Register notice
extending the designation of Venezuela
for TPS. A Venezuela TPS-related EAD
can also be automatically extended for
up to 540 days 59 if an F–1
nonimmigrant student who is a TPS
beneficiary properly files a renewal
Form I–765 application and pays the
Form I–765 fee (or submit a Request for
Fee Waiver (Form I–912)) during the
filing period described in the Federal
Register notice extending the
designation of Venezuela for TPS. After
receiving the TPS-related EAD, an F–1
nonimmigrant student may request that
their DSO make the required entry in
SEVIS, issue an updated Form I–20, as
described in this notice, and notate that
the nonimmigrant student has been
authorized to carry a reduced course
load and is working pursuant to a TPSrelated EAD. So long as the
nonimmigrant student maintains the
minimum course load described in this
notice, does not otherwise violate their
nonimmigrant status, including as
provided under 8 CFR 214.1(g), and
maintains 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 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 Form I–
821 according to the instructions
provided in the Federal Register notice
designating Venezuela 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 EAD in light of certain
extensions that may be available to
EADs with an A–12 or C–19 category
code. The nonimmigrant student should
check the appropriate box when filling
out Form I–821 to indicate whether a
TPS-related EAD is being requested.
59 8
PO 00000
CFR 274a.13(d)(5).
Frm 00070
Fmt 4703
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, included as
provided under 8 CFR 214.1(g), the
nonimmigrant will be able to maintain
compliance requirements for F–1
nonimmigrant student status while
having TPS.
When a student applies simultaneously
for TPS 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’’ 60 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 nontraditional academic programs). 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 at the undergraduate level, or for a
minimum of three semester or quarter
hours of instruction per academic term
if at the graduate level). See 8 CFR
214.2(f)(5)(v), (f)(6), and (f)(9)(i) and (ii).
How does a student who has received a
TPS-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 TPS-related EAD.
The F–1 nonimmigrant student must
demonstrate and provide
documentation to the DSO of the direct
economic hardship resulting from the
humanitarian crisis in Venezuela. The
DSO will then verify and update the
student’s record in SEVIS to enable the
F–1 nonimmigrant student with TPS to
reduce the course load without any
further action or application. No other
EAD needs to be issued for the F–1
nonimmigrant student to have
employment authorization.
60 See
Sfmt 4703
55023
E:\FR\FM\08SEN1.SGM
8 CFR 214.2(f)(6).
08SEN1
55024
Federal Register / Vol. 87, No. 173 / Thursday, September 8, 2022 / Notices
Can a noncitizen who has been granted
TPS apply for reinstatement of F–1
nonimmigrant student status after the
noncitizen’s F–1 nonimmigrant student
status has lapsed?
Yes. Regulations permit certain
students who fall out of F–1
nonimmigrant student status to apply
for reinstatement. See 8 CFR
214.2(f)(16). This provision might apply
to students who worked on a TPSrelated EAD or dropped their course
load before publication of this notice,
and therefore fell out of student status.
These students must satisfy the criteria
set forth in the F–1 nonimmigrant
student status reinstatement regulations.
How long will this notice remain in
effect?
This notice grants temporary relief
through March 10, 2024,61 to eligible F–
1 nonimmigrant students. DHS will
continue to monitor the situation in
Venezuela. Should the special
provisions authorized by this notice
need modification or extension, DHS
will announce such changes in the
Federal Register.
Paperwork Reduction Act (PRA)
khammond on DSKJM1Z7X2PROD with NOTICES
An F–1 nonimmigrant student seeking
off-campus employment authorization
due to severe economic hardship
resulting from the humanitarian crisis in
Venezuela 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
61 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 10, 2024, provided the
student satisfies the minimum course load
requirement in this notice. DHS also considers
students who engage in online coursework pursuant
to ICE 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, https://www.ice.gov/
coronavirus (last visited July 8, 2022).
VerDate Sep<11>2014
18:19 Sep 07, 2022
Jkt 256001
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 Mayorkas,
Secretary, U.S. Department of Homeland
Security.
[FR Doc. 2022–19542 Filed 9–7–22; 8:45 am]
BILLING CODE 9111–28–P
Venezuelan nationals (and individuals
having no nationality who last
habitually resided in Venezuela) to reregister for TPS and to apply for
Employment Authorization Documents
(EADs) with U.S Citizenship and
Immigration Services (USCIS). USCIS
will issue new EADs with a March 10,
2024 expiration date to eligible
beneficiaries under Venezuela’s TPS
designation who timely re-register and
apply for EADs under this extension.
Extension of Designation of
Venezuela for TPS: The 18-month
extension of the TPS designation of
Venezuela for TPS is effective on
September 10, 2022, and will remain in
effect for 18 months, through March 10,
2024. The 60-day re-registration period
for existing TPS beneficiaries runs from
September 8, 2022 through November 7,
2022. (Note: It is important for reregistrants to timely re-register during
the 60-day registration period and not to
wait until their EADs expire, as delaying
reregistration could result in gaps in
their employment authorization
documentation.)
DATES:
You
may contact Rena´ Cutlip-Mason, Chief,
Humanitarian Affairs Division, Office of
Policy and Strategy, U.S. Citizenship
and Immigration Services, Department
of Homeland Security, by mail at 5900
Capital Gateway Drive, Camp Springs,
MD 20746, or by phone at 800–375–
5283.
For further information on TPS,
including guidance on the reregistration process and additional
information on eligibility, please visit
the USCIS TPS web page at uscis.gov/
tps. You can find specific information
about this extension of Venezuela’s TPS
designation by selecting ‘‘Venezuela’’
from the menu on the left side of the
TPS web page.
If you have additional questions about
TPS, please visit uscis.gov/tools. Our
online virtual assistant, Emma, can
answer many of your questions and
point you to additional information on
our website. If you are unable to find
your answers there, you may also call
our USCIS Contact Center at 800–375–
5283 (TTY 800–767–1833).
Applicants seeking information about
the status of their individual cases may
check Case Status Online, available on
the USCIS website at uscis.gov, or visit
the USCIS Contact Center at uscis.gov/
contactcenter.
Further information will also be
available at local USCIS offices upon
publication of this notice.
FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
[CIS No. 2682–21; DHS Docket No. USCIS–
2021–0003]
RIN 1615–ZB86
Extension of the Designation of
Venezuela for Temporary Protected
Status
U.S. Citizenship and
Immigration Services (USCIS),
Department of Homeland Security
(DHS).
ACTION: Notice of Temporary Protected
Status (TPS) extension.
AGENCY:
Through this notice, the
Department of Homeland Security
(DHS) announces that the Secretary of
Homeland Security (Secretary) is
extending the designation of Venezuela
for Temporary Protected Status (TPS)
for 18 months, effective September 10,
2022 through March 10, 2024. This
extension allows currently eligible TPS
beneficiaries to retain TPS through
March 10, 2024, so long as they
otherwise continue to meet the
eligibility requirements for TPS.
Existing TPS beneficiaries who wish to
extend their status through March 10,
2024 must re-register during the reregistration period. This notice sets
forth procedures necessary for
SUMMARY:
PO 00000
Frm 00071
Fmt 4703
Sfmt 4703
SUPPLEMENTARY INFORMATION:
E:\FR\FM\08SEN1.SGM
08SEN1
]]>Agencies
[Federal Register Volume 87, Number 173 (Thursday, September 8, 2022)]
[Notices]
[Pages 55017-55024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19542]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Immigration and Customs Enforcement
[Docket No. ICEB-2022-0010]
RIN 1653-ZA30
Employment Authorization for Venezuelan F-1 Nonimmigrant Students
Experiencing Severe Economic Hardship as a Direct Result of the
Humanitarian Crisis in Venezuela
AGENCY: U.S. Immigration and Customs Enforcement, Department of
Homeland Security.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice announces that the Secretary of Homeland Security
(Secretary) is suspending certain regulatory requirements for F-1
nonimmigrant students whose country of citizenship is Venezuela,
regardless of country of birth (or individuals having no nationality
who last habitually resided in Venezuela), and who are experiencing
severe economic hardship as a direct result of the humanitarian crisis
in Venezuela. The Secretary is taking action to provide relief to those
Venezuelan students who were in lawful F-1 nonimmigrant student status
on April 22, 2021, and are currently maintaining F-1 nonimmigrant
student status, 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 their F-1
nonimmigrant student status. The U.S. Department of Homeland Security
(DHS) will deem an F-1 nonimmigrant student who receives employment
authorization by means of this notice to be engaged in a ``full course
of study'' for the duration of the employment authorization, if the
nonimmigrant student satisfies the minimum course load requirement
described in this notice.
DATES: This F-1 visa action is effective from September 10, 2022,
through March 10, 2024.
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 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 Venezuela regardless of
country of birth (or individuals having no nationality who last
habitually resided in Venezuela), who were lawfully present in the
United States in F-1 nonimmigrant student status on April 22, 2021 and
continue to be lawfully present in F-1 nonimmigrant student status, and
who are experiencing severe economic hardship as a direct result of the
humanitarian crisis in Venezuela. The original notice, which applied to
F-1 nonimmigrant students who met certain criteria, including having
been lawfully present in the United States in F-1 nonimmigrant status
on April 22, 2021, was effective from April 22, 2021, until September
9, 2022. See 86 FR 21328 (Apr. 22, 2021). Effective with this
publication, suspension of the employment limitations is available
through March 10, 2024, for those who were in lawful F-1 nonimmigrant
status as of April 22, 2021, and are currently maintaining F-1
nonimmigrant status. DHS will deem an F-1 nonimmigrant student granted
employment authorization through 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).
---------------------------------------------------------------------------
\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 10, 2024, provided the student satisfies the minimum course
load requirements in this notice. DHS also considers students who
engage in online coursework pursuant to U.S. Immigration and Customs
Enforcement (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, https://www.ice.gov/coronavirus
(last visited July 8, 2022).
---------------------------------------------------------------------------
Who is covered by this notice?
This notice applies exclusively to F-1 nonimmigrant students who
meet all of the following conditions:
[[Page 55018]]
(1) Are a citizen of Venezuela regardless of country of birth
(or an individual having no nationality who last habitually resided
in Venezuela
(2) Were lawfully present in the United States in F-1
nonimmigrant status under section 101(a)(15)(F)(i) of the
Immigration and Nationality Act (INA), 8 U.S.C. 1101(a)(15)(F)(i),
on April 22, 2021;
(3) Are enrolled in an academic institution that is Student and
Exchange Visitor Program (SEVP)-certified for enrollment for F-1
nonimmigrant students;
(4) Are currently maintaining F-1 nonimmigrant status; and
(5) Are experiencing severe economic hardship as a direct result
of the humanitarian crisis in Venezuela.
This notice applies to F-1 nonimmigrant students in an approved
private school in kindergarten through grade 12, public school 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?
DHS is taking action to provide relief to Venezuelan F-1
nonimmigrant students experiencing severe economic hardship due to the
ongoing humanitarian crisis in Venezuela. Based on its review of
country conditions in Venezuela and input received from the U.S.
Department of State, DHS is taking action to allow eligible F-1
nonimmigrant students from Venezuela (or individuals having no
nationality who last habitually resided in Venezuela) to 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.
Previously DHS took action to provide temporary relief to F-1
nonimmigrant students whose country of citizenship is Venezuela
regardless of country of birth (or individuals having no nationality
who last habitually resided in Venezuela) and who experienced severe
economic hardship because of the humanitarian crisis in Venezuela. See
86 FR 21328 (Apr. 22, 2021). It enabled these F-1 nonimmigrant students
to request and obtain employment authorization, work an increased
number of hours while school was in session, and reduce their course
load, while continuing to maintain their F-1 nonimmigrant student
status.
DHS reviewed conditions in Venezuela and determined that suspending
certain employment authorization requirements for eligible nonimmigrant
students is again warranted due to the ongoing humanitarian crisis.
Venezuela ``remains in the throes of a prolonged humanitarian
emergency.'' \2\ Under Nicol[aacute]s Maduro's regime,\3\ the country
``has been in the midst of a severe political and economic crisis for
several years.'' \4\ As of February 2022, the country remained
``politically deadlocked and mired in humanitarian emergency.'' \5\ A
wide range of factors have marked Venezuela's crisis, including: an
economic crisis; inflation and hyperinflation; ``massive poverty''; \6\
a ``collapsed health system''; \7\ the impact of the COVID-19 pandemic;
food insecurity, including child malnutrition; the collapse and
deprivation of basic services; power outages; water and fuel shortages;
political polarization and dispute between the regime and the
opposition; repression of perceived regime opponents and dissidents;
human rights abuses, including allegations of crimes against humanity;
high rates of homicide and crime; the operation of non-state armed
groups; corruption; and killings by security forces, among other
factors.\8\ The United Nations Office for the Coordination of
Humanitarian Affairs (UNOCHA) has reported that ``[s]even million
people require some form of humanitarian or protection assistance in
Venezuela.'' \9\
---------------------------------------------------------------------------
\2\ Overcoming the Global Rift on Venezuela, International
Crisis Group, p.3, Feb. 17, 2022.
\3\ Ribando Seelke, Clare, Nelson, Rebecca M, Margesson, Rhoda,
Brown, Phillip, Venezuela: Background and U.S. Relations,
Congressional Research Service (CRS), Summary, Apr. 28, 2021.
\4\ Venezuelan Humanitarian and Refugee Crisis, Center for
Disaster Philanthropy, Jan. 25, 2022.
\5\ Overcoming the Global Rift on Venezuela, International
Crisis Group, p. I, Feb. 17, 2022.
\6\ Why the kids of Venezuela aren't getting enough to eat, NPR,
Jan. 11, 2022.
\7\ World Report 2022--Venezuela, Human Rights Watch, Jan. 2022.
\8\ Venezuelan Humanitarian and Refugee Crisis, Center for
Disaster Philanthropy, Jan. 25, 2022; Ribando Seelke, Clare, Nelson,
Rebecca M., Brown, Phillip, Margesson, Rhoda, Venezuela: Background
and U.S. Relations, Congressional Research Service (CRS), p.6, 8-9,
11, Summary, Apr. 28, 2021; Venezuela creeps out of hyperinflation,
but no one feels it, Agence France-Presse (AFP), Jan. 15, 2022;
World Report 2022--Venezuela, Human Rights Watch, Jan. 2022;
Situation of human rights and technical assistance in the Bolivarian
Republic of Venezuela, Office of the United Nations High
Commissioner for Human Rights (OHCHR), p.4-5, Sep. 10, 2021; Why the
kids of Venezuela aren't getting enough to eat, NPR, Jan. 11, 2022;
Venezuela: Complex Crisis--Overview, ACAPS, Oct. 14, 2021, https://www.acaps.org/country/venezuela/crisis/complex-crisis (last visited
Feb. 17, 2022); Follow-up Report on the Impacts of the Complex
Humanitarian Emergency in Venezuela with the COVID pandemic. Update
as of June 2021, HumVenezuela, p.14, Jun. 2021; Venezuelan Migration
and Refugee Crisis, Working Group of the Organization of American
States (OAS) on the Crisis of Venezuelan Migrants and Refugees in
the Region, p. 12-22, Jun. 2021; Delgado, Antonio Maria, and
Rodr[iacute]guez Montilla, Camille, `The country's whole food supply
is at risk.' Diesel shortages hit Venezuela's truckers., Miami
Herald, Mar. 11, 2021; Venezuela: Country Focus, European Asylum
Support Office (EASO), p.21, Aug. 2020; Overcoming the Global Rift
on Venezuela, International Crisis Group, p. i, Feb. 17, 2022;
Situation of human rights in the Bolivarian Republic of Venezuela,
Office of the United Nations High Commissioner for Human Rights
(OHCHR), p.4, Jun. 16, 2021; Venezuela 2020 Crime & Safety Report,
Overseas Security Advisory Council (OSAC), U.S. Department of State,
July 21, 2020; InSight Crime's 2021 Homicide Round-Up, InSight
Crime, Feb. 1, 2022; Gorder, Gabrielle, and Robbins, Seth, What are
the Most Corrupt Countries in Latin America?, InSight Crime, Feb.
11, 2022; Venezuela: Calculated repression: Correlation between
stigmatization and politically motivated arbitrary detentions,
Amnesty International, p.11, 52, Feb. 10, 2022.
\9\ Venezuela, United Nations Office for the Coordination of
Humanitarian Affairs (UNOCHA), https://www.unocha.org/venezuela
(last visited Mar. 11, 2022).
---------------------------------------------------------------------------
Economic Crisis
Venezuela continues to be impacted by a severe economic crisis.\10\
The Congressional Research Service (CRS) reported in April 2021 that
``Venezuela's economy has collapsed'',\11\ Venezuela was ``plagued by
hyperinflation'' \12\ and ``[a]ccording to household surveys, the
percentage of Venezuelans living in poverty increased from 48.4% in
2014 to 96% in 2019 (with 80% in extreme poverty).'' \13\ According to
ACAPS, ``multidimensional poverty'' in Venezuela ``has led to the
deprivation or deterioration of education, housing, overall access to
public services, income, and employment.'' \14\
---------------------------------------------------------------------------
\10\ Venezuelan Humanitarian and Refugee Crisis, Center for
Disaster Philanthropy, Jan. 25, 2022.
\11\ Ribando Seelke, Clare, Nelson, Rebecca M, Margesson, Rhoda,
Brown, Phillip, Venezuela: Background and U.S. Relations,
Congressional Research Service (CRS), Summary, Apr. 28, 2021.
\12\ Ribando Seelke, Clare, Nelson, Rebecca M., Brown, Phillip,
Margesson, Rhoda, Venezuela: Background and U.S. Relations,
Congressional Research Service (CRS), Summary, Apr. 28, 2021.
\13\ Ribando Seelke, Clare, Nelson, Rebecca M., Brown, Phillip,
Margesson, Rhoda, Venezuela: Background and U.S. Relations,
Congressional Research Service (CRS), p.11, Apr. 28, 2021.
\14\ Venezuela: Complex Crisis--Overview, ACAPS, Oct. 14, 2021,
https://www.acaps.org/country/venezuela/crisis/complex-crisis (last
visited Feb. 17, 2022).
---------------------------------------------------------------------------
Health Crisis & COVID-19 Pandemic
Sources have described Venezuela's healthcare system as ``run-
down,'' \15\ ``overloaded and crumbling,'' \16\ and ``collapsed.'' \17\
Moreover, in its 2021
[[Page 55019]]
annual report (published in January 2022), Human Rights Watch (HRW)
stated that Venezuela's ``collapsed health system'' has led to the
resurgence of vaccine preventable and infectious diseases.\18\ HRW
reported in January 2022 that--according to a local non-governmental
organization--``83 percent of hospitals have insufficient or no access
to personal protective equipment such as masks and gloves, and 95
percent similarly lack sufficient cleaning supplies, including soap and
disinfectant.'' \19\
---------------------------------------------------------------------------
\15\ Sequera, Vivian, Venezuela COVID patients, exhausted
doctors get mental health help from medical charity, Reuters, Feb.
2, 2022.
\16\ Venezuelans rely on the kindness of strangers to pay for
COVID-19 treatment, Reuters, Oct. 4, 2021.
\17\ Ribando Seelke, Clare, Nelson, Rebecca M., Brown, Phillip,
Margesson, Rhoda, Venezuela: Background and U.S. Relations,
Congressional Research Service (CRS), p.11, Apr. 28, 2021; World
Report 2022--Venezuela, Human Rights Watch, Jan. 2022.
\18\ World Report 2022--Venezuela, Human Rights Watch, Jan.
2022.
\19\ World Report 2022--Venezuela, Human Rights Watch, Jan.
2022.
---------------------------------------------------------------------------
COVID-19 was first detected in Venezuela in March 2020.\20\ Since
then, the regime has ``declared a national `state of alarm', enforced
preventive sanitary measures, and redirected the national health system
toward treatment of COVID-19 patients.'' \21\ However, as the Office of
the United Nations High Commissioner for Human Rights also noted in a
September 2021 report, the pandemic compounded preexisting challenges
such as lack of equipment and medicines, loss of qualified health
personnel, and insufficient maintenance of infrastructure.\22\
Moreover, in January 2022, HRW reported that ``Venezuela's C[OVID]-19
vaccination has been marred by corruption allegations and opacity
regarding the acquisition and distribution of vaccines and other
medical supplies.'' \23\
---------------------------------------------------------------------------
\20\ Situation of human rights and technical assistance in the
Bolivarian Republic of Venezuela, Office of the United Nations High
Commissioner for Human Rights (OHCHR), p.4, Sep. 10, 2021.
\21\ Situation of human rights and technical assistance in the
Bolivarian Republic of Venezuela, Office of the United Nations High
Commissioner for Human Rights (OHCHR), p.4, Sep. 10, 2021.
\22\ Situation of human rights and technical assistance in the
Bolivarian Republic of Venezuela, Office of the United Nations High
Commissioner for Human Rights (OHCHR), p.4, Sep. 10, 2021.
\23\ World Report 2022--Venezuela, Human Rights Watch, Jan.
2022.
---------------------------------------------------------------------------
Food Security
In April 2021, CRS reported that food insecurity in Venezuela is
``a significant issue, mainly due to the price of food rather than its
lack of availability.'' \24\ In its annual report on Venezuela, HRW
noted that the ``WFP [World Food Program] estimates that one in three
Venezuelans is food insecure and in need of assistance.\25\ Moreover,
National Public Radio (NPR) reported in January 2022 that ``Venezuela
now faces a catastrophe of its own making--widespread malnutrition
among the country's children.'' \26\ The media outlet also noted that
``[i]n a survey last year, the development group Caritas found that 42%
of children in the country's poorest neighborhoods suffered from
stunting or wasting. That means they're too short or underweight for
their ages.'' \27\
---------------------------------------------------------------------------
\24\ Ribando Seelke, Clare, Nelson, Rebecca M., Brown, Phillip,
Margesson, Rhoda, Venezuela: Background and U.S. Relations,
Congressional Research Service (CRS), p.11, Apr. 28, 2021.
\25\ World Report 2022--Venezuela, Human Rights Watch, Jan.
2022.
\26\ Why the kids of Venezuela aren't getting enough to eat,
NPR, Jan. 11, 2022.
\27\ Why the kids of Venezuela aren't getting enough to eat,
NPR, Jan. 11, 2022.
---------------------------------------------------------------------------
Access to Basic Services (Electricity, Water, and Gas)
Venezuela has experienced a ``collapse of basic services.'' \28\ In
a June 2021 report, the Working Group of the Organization of American
States (OAS) on the Crisis of Venezuelan Migrants and Refugees in the
Region noted that Venezuelans face daily power outages and face water
shortages.\29\ Reuters noted in February 2021 that ``[p]rovincial
cities have suffered frequent blackouts since a 2019 power outage
paralyzed the country for nearly a month.'' \30\ In mid-December 2021,
Venezuela experienced blackouts in Caracas and at least 15 of 23
states.\31\ ACAPS has noted that ``[a]ccess to clean water is
increasingly difficult after the collapse of basic services,
aggravating water and sanitation problems.'' \32\ Exposure to unsafe
water puts people's lives and health at risk. By 2021, 76% of the
population was affected by deficient sewage collection services and
some 15.9% remained unconnected to the sewage network.\33\ NPR reported
that many in Venezuela have fallen back on using fire to cook because
normally 90% of the population cooks with propane stoves, but there is
a severe propane shortage and those with electric stoves cannot use
them with the frequent power outages.\34\
---------------------------------------------------------------------------
\28\ Venezuela: Complex Crisis--Overview, ACAPS, Oct. 14, 2021,
https://www.acaps.org/country/venezuela/crisis/complex-crisis (last
visited Feb. 17, 2022).
\29\ Venezuelan Migration and Refugee Crisis, Working Group of
the Organization of American States (OAS) on the Crisis of
Venezuelan Migrants and Refugees in the Region, p. 20, Jun. 2021.
\30\ Ellsworth, Brian, and Sequera, Vivian, Analysis: Collapsed
health system makes Venezuela vaccination campaign an uphill battle,
Reuters, Feb. 12, 2021.
\31\ Venezuela experiences blackouts in capital and at least 15
states, Reuters, Dec. 17, 2021.
\32\ Venezuela: Complex Crisis--Overview, ACAPS, Oct. 14, 2021,
https://www.acaps.org/country/venezuela/crisis/complex-crisis (last
visited Feb. 24, 2022).
\33\ Follow-up Report on the Impacts of the Complex Humanitarian
Emergency in Venezuela with the COVID pandemic. Update as of June
2021, HumVenezuela, p.26, Jun. 2021.
\34\ Otis, John, Venezuelans are cooking over wood fires because
of a shortage of propane, NPR, Jan. 8, 2022.
---------------------------------------------------------------------------
Political Crisis
Moreover, Venezuela has experienced over ``two decades of political
tumult'' amidst a between self-proclaimed socialist Hugo Ch[aacute]vez
(1999-2013) and his successor Nicol[aacute]s Maduro, on one side, and
the Government of Juan Guaido and an opposition alliance on the
other.\35\ The European Asylum Support Office (EASO) reported that this
political polarization contributed to the emergence of institutional
duality in Venezuela, in which each side does not recognize the
validity of the other's institutions.\36\
---------------------------------------------------------------------------
\35\ Overcoming the Global Rift on Venezuela, International
Crisis Group, p.i, Feb. 17, 2022.
\36\ Venezuela: Country Focus, European Asylum Support Office
(EASO), p.21, Aug. 2020.
---------------------------------------------------------------------------
Political Repression & Human Rights
According to CRS, international organizations have expressed
concerned about the deterioration of democratic institutions and
threats to freedom of speech and press in Venezuela.\37\ In a February
2022 report, Amnesty International noted that ``[c]rimes under
international law and human rights violations, including politically
motivated arbitrary detentions, torture, extrajudicial executions and
excessive use of force have been systematic and widespread, and could
constitute crimes against humanity.'' \38\ In its annual report
covering 2021, HRW stated that the regime ``and its security forces are
responsible for extrajudicial executions and short-term forced
disappearances and have jailed opponents, prosecuted civilians in
military courts, tortured detainees, and cracked down on protesters.
[The regime] used a state of emergency implemented in response to
C[OVID]-19 as a pretext to intensify their control over the population.
The lack of judicial independence contributed to impunity for these
crimes.'' \39\
---------------------------------------------------------------------------
\37\ Ribando Seelke, Clare, Nelson, Rebecca M., Brown, Phillip,
Margesson, Rhoda, Venezuela: Background and U.S. Relations,
Congressional Research Service (CRS), p.6, Apr. 28, 2021.
\38\ Venezuela: Calculated repression: Correlation between
stigmatization and politically motivated arbitrary detentions,
Amnesty International, p.11, Feb. 10, 2022.
\39\ World Report 2022--Venezuela, Human Rights Watch, Jan.
2022.
---------------------------------------------------------------------------
Crime & Insecurity
CRS reported in April 2021 that Venezuela has ``among the highest
[[Page 55020]]
homicide and crime victimization rates in Latin America and the
Caribbean.'' \40\ Similarly, the U.S. Department of State's Overseas
Security Advisory Council (OSAC) reported in July 2020 that Venezuela
has ``one of the highest number [sic] of violent deaths in the region
and in the world.'' \41\ In a report dated August 2020, EASO reported
that as political conflict has intensified, armed groups operating in
Venezuela have increasingly preyed on the state's absence, fissures or
weakness, providing them with the sort of power and economic stakes
which directly threaten the country's long-term stability and giving
them effective territorial control in their areas of influence.\42\
Reporting on Transparency International's 2021 Corruption Perceptions
Index (CPI), InSight Crime noted in February 2022 that Venezuela ``held
the title for the seventh consecutive year as the most corrupt country
in the Western Hemisphere with a score of 14, an all-time low for the
country.'' \43\
---------------------------------------------------------------------------
\40\ Ribando Seelke, Clare, Nelson, Rebecca M., Brown, Phillip,
Margesson, Rhoda, Venezuela: Background and U.S. Relations,
Congressional Research Service (CRS), p.6, Apr. 28, 2021.
\41\ Venezuela 2020 Crime & Safety Report, Overseas Security
Advisory Council (OSAC), U.S. Department of State, July 21, 2020.
\42\ Venezuela: Country Focus, European Asylum Support Office
(EASO), p.21, Aug. 2020.
\43\ Gorder, Gabrielle, and Robbins, Seth, What are the Most
Corrupt Countries in Latin America?, InSight Crime, Feb. 11, 2022.
---------------------------------------------------------------------------
Migration
More than six million refugees and migrants from Venezuela have
left their country of origin, with more than five million being hosted
in the region.'' \44\ In June 2021, the Working Group of the OAS on the
Crisis of Venezuelan Migrants and Refugees in the Region identified
five main reasons that Venezuelans have been forced to flee their
country: (1) ``Complex Humanitarian Emergency''; (2) ``Human Rights
Violations''; (3) ``Widespread Violence''; (4) ``Collapse of Public
Services''; (5) ``Economic Collapse.'' \45\
---------------------------------------------------------------------------
\44\ RMRP 2022--Regional Refugee and Migrant Response Plan
(RMRP)--January-December 2022, Inter-Agency Coordination Platform
for Refugees and Migrants from Venezuela (R4V), p.6, Dec. 7, 2021.
\45\ Venezuelan Migration and Refugee Crisis, Working Group of
the Organization of American States (OAS) on the Crisis of
Venezuelan Migrants and Refugees in the Region, p. 12-22, Jun. 2021.
---------------------------------------------------------------------------
As of July 11, 2022, approximately 3,920 F-1 nonimmigrant students
from Venezuela (or individuals having no nationality who last
habitually resided in Venezuela) are enrolled at SEVP-certified
academic institutions in the United States. Given the extent of the
ongoing humanitarian crisis in Venezuela, affected students whose
primary means of financial support comes from Venezuela may need to be
exempt from the normal student employment requirements to continue
their studies in the United States. The ongoing humanitarian crisis has
made it unfeasible for many students to safely return to Venezuela 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 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. 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) and (F). 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.
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 their course of study is in an English language
study program.\46\ See 8 CFR 214.2(f)(6)(i)(G). An F-1 nonimmigrant
student attending an approved private school in 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.
---------------------------------------------------------------------------
\46\ DHS considers students who are compliant with ICE COVID-19
guidance for nonimmigrant students to be in compliance with
regulations while such COVID-19 guidance remains in effect. See ICE
Guidance and Frequently Asked Questions on COVID-19, https://www.ice.gov/coronavirus (last visited July 8, 2022).
---------------------------------------------------------------------------
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 Venezuela citizen,
regardless of country of birth (or an individual having no nationality
who last habitually resided in Venezuela), 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) 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 their 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].\47\
---------------------------------------------------------------------------
\47\ 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 10, 2024, provided the student satisfies the minimum course
load requirements in this notice.
---------------------------------------------------------------------------
[[Page 55021]]
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'' \48\ 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. See 8 CFR 214.2(f)(5)(v) and
(f)(6)(i)(F). 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) and (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.
---------------------------------------------------------------------------
\48\ See 8 CFR 214.2(f)(6).
---------------------------------------------------------------------------
Will an F-2 dependent (spouse or minor child) of an F-1 nonimmigrant
student covered by this notice be eligible 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, consistent with 8
CFR 214.2(f)(15)(i).
Will the suspension of the applicability of the standard student
employment requirements apply to an individual who received an initial
F-1 visa and made an initial entry into the United States after April
22, 2021?
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 a citizen of Venezuela regardless of country of birth
(or an individual having no nationality who last habitually resided
in Venezuela);
(2) Were lawfully present in the United States in F-1
nonimmigrant status, under section 101(a)(15)(F)(i) of the INA, 8
U.S.C. 1101(a)(15)(F)(i) on April 22, 2021;
(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 humanitarian crisis in Venezuela.
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 ongoing humanitarian crisis
in Venezuela).
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 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 from Venezuela (or
individuals having no nationality who last habitually resided in
Venezuela) enrolled in kindergarten through grade 12 at a private
school, or grades 9 through 12 at a public high school. Such students
must maintain the minimum number of hours of class attendance per week
prescribed by the academic institution for normal progress toward
graduation, as required under 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
from Venezuela (or individuals having no nationality who last
habitually resided in Venezuela) 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 student's SEVIS 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].\49\
---------------------------------------------------------------------------
\49\ 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 10, 2024, provided the student satisfies the minimum course
load requirements in this notice.
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 humanitarian
crisis in Venezuela. An F-1 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 U.S. Citizenship and Immigration Services
(USCIS). The standard rules permitting full-time employment on-campus
when school is not in session or during school vacations apply, as
described in 8 CFR 214.2(f)(9)(i).
[[Page 55022]]
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 nonimmigrant student
status?
Yes. DHS will deem an F-1 nonimmigrant student who receives on-
campus employment authorization under this notice to be engaged in a
``full course of study'' \50\ 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, consistent with 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 academic institution's
minimum course load requirement for continued enrollment.\51\
---------------------------------------------------------------------------
\50\ See 8 CFR 214.2(f)(6).
\51\ 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
under 8 CFR 214.2(f)(9)(ii)(A), the Secretary is suspending the
following regulatory requirements relating to off-campus employment:
(a) The requirement that a student must have been in F-1
nonimmigrant student status for one full academic year to be eligible
for off-campus employment;
(b) The requirement that an F-1 nonimmigrant student must
demonstrate that acceptance of employment will not interfere with the
student's carrying a full course of study;
(c) The requirement that limits an F-1 nonimmigrant student's
employment authorization to no more than 20 hours per week of off-
campus employment while the 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'' \52\ 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, consistent with 8 CFR
214.2(f)(6)(i)(F). However, the authorization for a reduced course load
is solely for DHS purposes of determining valid F-1 nonimmigrant
student status. Nothing in this notice mandates that school officials
allow an F-1 nonimmigrant student to take a reduced course load if such
reduced course load would not meet the school's minimum course load
requirement.\53\
---------------------------------------------------------------------------
\52\ See 8 CFR 214.2(f)(6).
\53\ 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 humanitarian crisis in Venezuela. 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 their DSO:
(1) This employment is necessary to avoid severe economic
hardship; and
(2) The hardship is a direct result of the humanitarian crisis
in Venezuela.
If the DSO agrees that the F-1 nonimmigrant student is entitled to
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].\54\
---------------------------------------------------------------------------
\54\ 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 10, 2024, provided the student satisfies the minimum course
load requirements in this notice.
The F-1 nonimmigrant student must then file the properly endorsed
Form I-20 and Form I-765 according to the instructions for the Form I-
765. The F-1 nonimmigrant student may begin working off-campus only
upon receipt of the EAD from USCIS.
DSO recommendation. In making a recommendation that an F-1
nonimmigrant student be approved for Special Student Relief, the DSO
certifies that:
(a) The F-1 nonimmigrant student is in good academic standing and
is carrying a ``full course of study'' \55\ at the time of the request
for employment authorization;
---------------------------------------------------------------------------
\55\ See 8 CFR 214.2(f)(6).
---------------------------------------------------------------------------
(b) The F-1 nonimmigrant student is a citizen of Venezuela,
regardless of country of birth (or an individual having no nationality
who last habitually resided in Venezuela), and is experiencing severe
economic hardship as a direct result of the humanitarian crisis in
Venezuela, 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 this notice
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
[[Page 55023]]
instruction per academic term if the student is at the graduate level;
\56\ and
---------------------------------------------------------------------------
\56\ 8 CFR 214.2(f)(5)(v).
---------------------------------------------------------------------------
(d) The off-campus employment is necessary to alleviate severe
economic hardship to the individual as a direct result of the
humanitarian crisis in Venezuela.
Processing. To facilitate prompt adjudication of the student's
application for off-campus-employment authorization under 8 CFR
214.2(f)(9)(ii)(C), the F-1 nonimmigrant student should do both of the
following:
(a) Ensure that the application package includes all of the
following documents:
(1) A completed Form I-765;
(2) The required fee or properly documented fee waiver request as
defined in 8 CFR 103.7(c); and
(3) A signed and dated copy of the student's Form I-20 with the
appropriate DSO recommendation, as previously described in this notice;
and
(b) Send the application in an envelope 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.
Temporary Protected Status (TPS) 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
for other 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,\57\ under this notice has two options.
---------------------------------------------------------------------------
\57\ See DHS Study in the States, Special Student Relief,
https://studyinthestates.dhs.gov/students/special-student-relief
(last visited June 3, 2022).
---------------------------------------------------------------------------
Under the first option, the nonimmigrant student may apply for TPS
according to the instructions in the USCIS notice designating Venezuela
for TPS elsewhere in this issue of the Federal Register.\58\ All TPS
applicants must file a Form I-821, Application for Temporary Protected
Status with the appropriate fee (or request a fee waiver). Although not
required to do so, if F-1 nonimmigrant students want to obtain a new
TPS-related EAD that is valid through March 10, 2024, they must file
Form I-765 and pay the Form I-765 fee (or submit a Request for Fee
Waiver (Form I-912)). An F-1 student who already has a TPS-related EAD
will benefit from an automatic extension of the EAD through September
9, 2023, through the Federal Register notice extending the designation
of Venezuela for TPS. A Venezuela TPS-related EAD can also be
automatically extended for up to 540 days \59\ if an F-1 nonimmigrant
student who is a TPS beneficiary properly files a renewal Form I-765
application and pays the Form I-765 fee (or submit a Request for Fee
Waiver (Form I-912)) during the filing period described in the Federal
Register notice extending the designation of Venezuela for TPS. After
receiving the TPS-related EAD, an F-1 nonimmigrant student may request
that their 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 their nonimmigrant status, including as
provided under 8 CFR 214.1(g), and maintains TPS, then the student
maintains F-1 status and TPS concurrently.
---------------------------------------------------------------------------
\58\ Only those Venezuelan nationals (and noncitizens having no
nationality who last habitually resided in Venezuela) who have
continuously resided in the United States since March 8, 2021, and
have been continuously physically present in the United States since
March 10, 2021, are eligible to apply for TPS under this notice.
\59\ 8 CFR 274a.13(d)(5).
---------------------------------------------------------------------------
Under the second option, the nonimmigrant student may apply for an
EAD under Special Student Relief by filing 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 Form I-821 according to the instructions provided in the
Federal Register notice designating Venezuela 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 EAD in light of certain extensions
that may be available to EADs with an A-12 or C-19 category code. The
nonimmigrant student should check the appropriate box when filling out
Form I-821 to indicate whether a TPS-related EAD is being requested.
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, included as provided under 8 CFR
214.1(g), the nonimmigrant will be able to maintain compliance
requirements for F-1 nonimmigrant student status while having TPS.
When a student applies simultaneously for TPS 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'' \60\ 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 non-
traditional academic programs). 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 at the undergraduate level, or for a minimum of three
semester or quarter hours of instruction per academic term if at the
graduate level). See 8 CFR 214.2(f)(5)(v), (f)(6), and (f)(9)(i) and
(ii).
---------------------------------------------------------------------------
\60\ See 8 CFR 214.2(f)(6).
---------------------------------------------------------------------------
How does a student who has received a TPS-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 TPS-related EAD. The F-1 nonimmigrant student must
demonstrate and provide documentation to the DSO of the direct economic
hardship resulting from the humanitarian crisis in Venezuela. The DSO
will then verify and update the student's record in SEVIS to enable the
F-1 nonimmigrant student with TPS to reduce the course load without any
further action or application. No other EAD needs to be issued for the
F-1 nonimmigrant student to have employment authorization.
[[Page 55024]]
Can a noncitizen who has been granted TPS apply for reinstatement of F-
1 nonimmigrant student status after the noncitizen's F-1 nonimmigrant
student status has lapsed?
Yes. Regulations permit certain students who fall out of F-1
nonimmigrant student status to apply for reinstatement. See 8 CFR
214.2(f)(16). This provision might apply to students who worked on a
TPS-related EAD or dropped their course load before publication of this
notice, and therefore fell out of student status. These students must
satisfy the criteria set forth in the F-1 nonimmigrant student status
reinstatement regulations.
How long will this notice remain in effect?
This notice grants temporary relief through March 10, 2024,\61\ to
eligible F-1 nonimmigrant students. DHS will continue to monitor the
situation in Venezuela. Should the special provisions authorized by
this notice need modification or extension, DHS will announce such
changes in the Federal Register.
---------------------------------------------------------------------------
\61\ 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 10, 2024, provided the student satisfies the minimum course
load requirement in this notice. DHS also considers students who
engage in online coursework pursuant to ICE 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, https://www.ice.gov/coronavirus
(last visited July 8, 2022).
---------------------------------------------------------------------------
Paperwork Reduction Act (PRA)
An F-1 nonimmigrant student seeking off-campus employment
authorization due to severe economic hardship resulting from the
humanitarian crisis in Venezuela 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 Mayorkas,
Secretary, U.S. Department of Homeland Security.
[FR Doc. 2022-19542 Filed 9-7-22; 8:45 am]
BILLING CODE 9111-28-P
