Employment Authorization for Ethiopian F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of the Current Crisis in Ethiopia, 76068-76073 [2022-26874]
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Federal Register / Vol. 87, No. 237 / Monday, December 12, 2022 / Notices
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lotter on DSK11XQN23PROD with NOTICES1
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[FR Doc. 2022–26894 Filed 12–9–22; 8:45 am]
BILLING CODE 9111–24–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Immigration and Customs
Enforcement
[Docket No. ICEB–2022–0012]
RIN 1653–ZA32]
Employment Authorization for
Ethiopian F–1 Nonimmigrant Students
Experiencing Severe Economic
Hardship as a Direct Result of the
Current Crisis in Ethiopia
U.S. Immigration and Customs
Enforcement; Department of Homeland
Security.
AGENCY:
ACTION:
Notice.
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 Ethiopia, regardless of
country of birth (or individuals having
no nationality who last habitually
resided in Ethiopia), and who are
experiencing severe economic hardship
as a direct result of the current crisis in
Ethiopia. The Secretary is taking action
to provide relief to these Ethiopian
students who are lawful F–1
nonimmigrant students so the students
may request employment authorization,
work an increased number of hours
while school is in session, and reduce
their course load while continuing to
maintain their F–1 nonimmigrant
student status. The U.S. Department of
Homeland Security (DHS) will deem an
F–1 nonimmigrant student granted
employment authorization by means of
this notice to be engaged in a ‘‘full
course of study’’ for the duration of the
employment authorization, if the
nonimmigrant student satisfies the
minimum course load requirement
described in this notice.
SUMMARY:
This notice is effective December
12, 2022, through Wednesday June 12,
2024.
DATES:
FOR FURTHER INFORMATION CONTACT:
Sharon Snyder, Unit Chief, Policy and
Response Unit, Student and Exchange
Visitor Program, MS 5600, U.S.
Immigration and Customs Enforcement,
500 12th Street SW, Washington, DC
20536–5600; email: sevp@ice.dhs.gov,
telephone: (703) 603–3400. This is not
a toll-free number. Program information
can be found at https://www.ice.gov/
sevis/.
SUPPLEMENTARY INFORMATION:
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What action is DHS taking under this
notice?
The Secretary is exercising authority
under 8 CFR 214.2(f)(9) to temporarily
suspend the applicability of certain
requirements governing on-campus and
off-campus employment for F–1
nonimmigrant students whose country
of citizenship is Ethiopia regardless of
country of birth (or individuals having
no nationality who last habitually
resided in Ethiopia), who are present in
the United States in lawful F–1
nonimmigrant student status on the date
of publication of this notice, and who
are experiencing severe economic
hardship as a direct result of the current
crisis in Ethiopia. Effective with this
publication, suspension of the
employment limitations is available
through [DATE], 2024, for those who are
in lawful F–1 nonimmigrant status on
the date of publication of this notice.
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) Are a citizen of Ethiopia regardless
of country of birth (or an individual
having no nationality who last
habitually resided in Ethiopia);
(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 the
date of publication of this notice;
(3) Are enrolled in an academic
institution that is Student and Exchange
Visitor Program (SEVP)-certified for
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 [DATE], 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 Oct. 6,
2022).
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enrollment for F–1 nonimmigrant
students;
(4) Are currently maintaining F–1
nonimmigrant status; and
(5) Are experiencing severe economic
hardship as a direct result of the current
crisis in Ethiopia.
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.
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Why is DHS taking this action?
DHS is taking action to provide relief
to Ethiopian F–1 nonimmigrant students
experiencing severe economic hardship
due to the current crisis in Ethiopia
caused by the armed conflict in multiple
regions of the country resulting in largescale displacement of civilians. Based
on its review of country conditions in
Ethiopia and input received from the
U.S. Department of State (DOS), DHS is
taking action to allow eligible F–1
nonimmigrant students from Ethiopia 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.
The conflict in northern Ethiopia
began in November 2020, when a
constitutional dispute between Tigray
and federal leaders escalated into
conflict amid a prolonged power
struggle.2 Human rights abuses by all
parties to the conflict have been
reported, including killings, torture,
gender-based violence, arbitrary or
unjust detentions, and there have also
been potential human trafficking
crimes.3 The federal government
declared a humanitarian truce in the
Tigray region on March 24, 2022, which
was reciprocated by the Tigrayan
regional authorities, but hostilities
resumed on August 24, 2022.4 On
September 1, 2022, Tigray authorities
2 International Crisis Group, Avoiding the Abyss
as War Resumes in Northern Ethiopia (Sept. 7,
2022), https://www.crisisgroup.org/africa/hornafrica/ethiopia/avoiding-abyss-war-resumesnorthern-ethiopia.
3 Id.; Department of State, 2022 Trafficking in
Persons Report (July 19, 2022), https://
www.state.gov/reports/2022-trafficking-in-personsreport/.
4 International Crisis Group, Avoiding the Abyss
as War Resumes in Northern Ethiopia (Sept. 7,
2022), https://www.crisisgroup.org/africa/hornafrica/ethiopia/avoiding-abyss-war-resumesnorthern-ethiopia.
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stated that the Ethiopian and Eritrean
armies had launched major offenses into
the northwestern Tigray region.5 After
significant engagement by the African
Union and other partners, delegations
from the government of Ethiopia and
Tigray regional authorities signed a
cessation of hostilities agreement in
Pretoria on November 2. While this
agreement is an important initial step in
curbing violence in northern Ethiopia, it
does not address violence in other parts
of Ethiopia, and—as of early November
2022—there remains significant
humanitarian suffering as a result of the
two-year conflict.
Armed Conflict Location and Event
Data Project (ACLED) data indicates that
over 230 alleged incidents of civilians
being targeted were reported in Ethiopia
during the first six months of 2022.6
Violence in Ethiopia has caused many
to flee their homes and has exacerbated
humanitarian concerns regarding access
to food, water, and healthcare. A
September 2022 United Nations (UN)
Office for the Coordination of
Humanitarian Affairs (UNOCHA) report
stated: ‘‘more than 20 million people
affected by violence as well as climatic
shocks . . . require humanitarian
assistance and protection services until
the end of 2022.’’ 7 In July 2022, the UN
Children’s Fund (UNICEF) estimated
that 29.7 million people are in need of
humanitarian assistance, including
access to food, water, and health
services, in Ethiopia. UNICEF also
estimated that there were 2.75 million
internally displaced persons (IDPs) in
Ethiopia.8 An August 2022 report by the
UN Food and Agriculture Organization
(FAO) stated that, in 2022, 20.4 million
people are estimated to be severely food
insecure, which is 2.4 million more than
in 2021.9 In addition, the UN High
Commissioner for Refugees (UNHCR)
estimated that there are more than
59,500 Ethiopian refugees in eastern
Sudan who have fled violence in
Ethiopia.10
5 Id.
6 ACLED, Multiple Complications Threaten to
Result in a Dangerous Re-escalation (Aug. 15,
2022), https://acleddata.com/10-conflicts-to-worryabout-in-2022/ethiopia/mid-year-update/.
7 UNOCHA, Ethiopia Situation Overview (Sept. 7,
2022), https://reports.unocha.org/en/country/
ethiopia/card/5EhBh4Xf5z/.
8 UNICEF, Ethiopia Humanitarian Situation
Report No. 7 (July 2022), https://www.unicef.org/
media/126921/file/Ethiopia%20Humanitarian
%20Situation%20Report%20No.%207,%20July
%202022.pdf.
9 UN FAO, GIEWS—Global Information and Early
Warning System, Country Briefs, Ethiopia (Aug. 24,
2022), https://www.fao.org/giews/countrybrief/
country.jsp?code=ETH&lang=en.
10 UNOCHA, Sudan: East Sudan (Kassala &
Gedaref) & Blue Nile States—Ethiopian Emergency
Situation Update (as of 31 August 2022), (Sept. 14,
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Ethiopia is facing multiple and
overlapping crises, significantly
impacting the security and
humanitarian situation throughout the
country. Areas experiencing conflict
have seen their local healthcare systems
severely damaged and diminished. A
July 2022 World Health Organization
(WHO) report stated that in the Tigray
region, just 22 percent of health
facilities were fully functioning, with 75
percent only partially functioning, and
3 percent not functioning at all.11
Additionally, Ethiopia has been
experiencing one of the most severe
droughts in the last forty years since late
2020.12 Drought conditions have
resulted in widespread death of
livestock, a key source of food, milk,
and income for pastoralists.13 Due to the
instability caused by increased levels of
armed conflict, Ethiopia is facing
economic pressure. Annual inflation
remains high, driven by rising food and
fuel costs, which puts pressure on
households’ ability to access market
foods. Annual inflation in July 2022 was
at 33.5 percent, slightly lower than in
June 2022.14 Ethiopia is experiencing
insufficient foreign currency reserves
and the continuous depreciation of the
national currency, the Ethiopian birr.15
As of October 2, 2022, approximately
3,592 F–1 nonimmigrant students who
are Ethiopian citizens are enrolled at
SEVP-certified academic institutions in
the United States. Given the extent of
the current crisis in Ethiopia, affected
students whose primary means of
financial support comes from Ethiopia
may need to be exempt from the normal
student employment requirements to
continue their studies in the United
States. The current crisis has made it
unfeasible for many students to safely
return to Ethiopia for the foreseeable
future. Without employment
2022), https://reliefweb.int/report/sudan/sudaneast-sudan-kassala-gedaref-blue-nile-statesethiopian-emergency-situation-update-31-august2022.
11 WHO, Situation Report: Greater Horn of Africa
Drought and Food Insecurity Grade 3 Emergency
(July 29, 2022), https://cdn.who.int/media/docs/
default-source/documents/emergencies/who_ghoa_
sitrep_2022-08-08.pdf?sfvrsn=dbdfc8b0_
3&download=true.
12 UNOCHA, Ethiopia: Drought Update No. 4,
June 2022 (June 3, 2022), https://reliefweb.int/
report/ethiopia/ethiopia-drought-update-no-4-june2022.
13 Id.
14 Famine Early Warning Systems Network
(FEWS NET), There is the potential for extreme
food insecurity in conflict and drought-affected
areas of Ethiopia (July 2022), https://fews.net/eastafrica/ethiopia/key-message-update/july-2022.
15 Food and Agriculture Organization of the
United Nations (FAO), GIEWS—Global Information
and Early Warning System, Country Briefs, Ethiopia
(Aug. 24, 2022), https://www.fao.org/giews/
countrybrief/country.jsp?code=ETH&lang=en.
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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?
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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
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 oncampus or off-campus employment
authorization under this notice must
remain registered for a minimum of
three semester or quarter hours of
instruction per academic term. See 8
CFR 214.2(f)(5)(v). 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 offcampus employment authorization
under this notice may count up to the
equivalent of one class or three credits
per session, term, semester, trimester, or
quarter of online or distance education
toward satisfying this minimum course
load requirement, unless their course of
study is in an English language study
program.16 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.
16 DHS considers students who are compliant
with ICE coronavirus disease 2019 (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 Oct. 6, 2022).
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May an eligible F–1 nonimmigrant
student who already has on-campus or
off-campus employment authorization
benefit from the suspension of
regulatory requirements under this
notice?
Yes. An F–1 nonimmigrant student
who is a Ethiopian citizen, regardless of
country of birth (or an individual having
no nationality who last habitually
resided in Ethiopia), 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].17
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
17 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 [date], 2024, provided the
student satisfies the minimum course load
requirements in this notice.
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authorization permitted under this
notice to be engaged in a ‘‘full course of
study’’ 18 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 receives an initial F–1 visa and
makes an initial entry into the United
States after the effective date of this
notice in the Federal Register?
No. The suspension of the
applicability of the standard regulatory
requirements only applies to certain F–
1 nonimmigrant students who meet the
following conditions:
(1) Are a citizen of Ethiopia regardless
of country of birth (or an individual
having no nationality who last
habitually resided in Ethiopia);
(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
the date of publication of this notice;
(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
18 See
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8 CFR 214.2(f)(6).
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(5) Are experiencing severe economic
hardship as a direct result of the current
crisis in Ethiopia.
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 current crisis in Ethiopia).
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:
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.
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].19
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
Ethiopia 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 Ethiopia
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.
To obtain on-campus employment
authorization, the F–1 nonimmigrant
student must demonstrate to the DSO
that the employment is necessary to
avoid severe economic hardship directly
resulting from the current crisis in
Ethiopia. An F–1 nonimmigrant student
authorized by the DSO to engage in oncampus 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 oncampus employment when school is not
in session or during school vacations
apply, as described in 8 CFR
214.2(f)(9)(i).
Will an F–1 nonimmigrant student who
receives on-campus employment
authorization under this notice have
authorization to reduce the normal
course load and still maintain his or
her F–1 nonimmigrant student status?
Yes. DHS will deem an F–1
nonimmigrant student who receives oncampus employment authorization
under this notice to be engaged in a
‘‘full course of study’’ 20 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
lotter on DSK11XQN23PROD with NOTICES1
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
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19 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 [date], 2024, provided the
student satisfies the minimum course load
requirements in this notice.
20 See 8 CFR 214.2(f)(6).
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76071
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.21
Off-Campus Employment Authorization
What regulatory requirements does this
notice temporarily suspend relating to
off-campus employment?
For an F–1 nonimmigrant student
covered by this notice, as provided
under 8 CFR 214.2(f)(9)(ii)(A), the
Secretary is suspending the following
regulatory requirements relating to offcampus employment:
(a) The requirement that a student
must have been in F–1 nonimmigrant
student status for one full academic year
to be eligible for off-campus
employment;
(b) The requirement that an F–1
nonimmigrant student must
demonstrate that acceptance of
employment will not interfere with the
student’s carrying a full course of study;
(c) The requirement that limits an F–
1 nonimmigrant student’s employment
authorization to no more than 20 hours
per week of off-campus employment
while 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 offcampus employment authorization by
means of this notice to be engaged in a
‘‘full course of study’’ 22 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
21 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.
22 See 8 CFR 214.2(f)(6).
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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.23
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
current crisis in Ethiopia.24 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:
(1) This employment is necessary to
avoid severe economic hardship; and
(2) The hardship is a direct result of
the current crisis in Ethiopia.
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:
lotter on DSK11XQN23PROD with NOTICES1
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].25
23 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.
24 See 8 CFR 274a.12(c)(3)(iii).
25 Because the suspension of requirements under
this notice applies throughout an academic term
VerDate Sep<11>2014
18:08 Dec 09, 2022
Jkt 259001
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’’ 26 at the
time of the request for employment
authorization;
(b) The F–1 nonimmigrant student is
a citizen of Ethiopia, regardless of
country of birth (or an individual having
no nationality who last habitually
resided in Ethiopia), and is experiencing
severe economic hardship as a direct
result of the current crisis in Ethiopia,
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
instruction per academic term if the
student is at the graduate level; 27 and
(d) The off-campus employment is
necessary to alleviate severe economic
hardship to the individual as a direct
result of the current crisis in Ethiopia.
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 the following
documents:
(1) A completed Form I–765 with all
applicable supporting evidence;
(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
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 [date], 2024, provided the
student satisfies the minimum course load
requirements in this notice.
26 See 8 CFR 214.2(f)(6).
27 8 CFR 214.2(f)(5)(v).
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Frm 00049
Fmt 4703
Sfmt 4703
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.’’ 28 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,29
under this notice has two options.
Under the first option, the F–1
nonimmigrant student may apply for
TPS according to the instructions in the
USCIS notice designating Ethiopia for
TPS elsewhere in this issue of the
Federal Register. 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 [DATE], 2024, and to be eligible
for automatic EAD extensions that may
be available to certain EADs with an A–
12 or C–19 category code, they must file
Form I–765 and pay the Form I–765 fee
(or request a fee waiver). 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 F–1
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
28 Guidance for direct filing addresses can be
found here: https://www.uscis.gov/i-765-addresses.
29 See DHS Study in the States, Special Student
Relief, https://studyinthestates.dhs.gov/students/
special-student-relief (last visited Oct. 6, 2022).
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lotter on DSK11XQN23PROD with NOTICES1
maintains F–1 status and TPS
concurrently.
Under the second option, the F–1
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 Ethiopia 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 that are not available to the C–3
category under which Special Student
Relief falls. The F–1 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
F–1 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’’ 30 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
30 See
8 CFR 214.2(f)(6).
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18:08 Dec 09, 2022
Jkt 259001
76073
if at the graduate level). See 8 CFR
214.2(f)(5)(v), (f)(6), and (f)(9)(i) and (ii).
announce such changes in the Federal
Register.
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
current crisis in Ethiopia. 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.
Paperwork Reduction Act (PRA)
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
until [DATE], 2024,31 to eligible F–1
nonimmigrant students. DHS will
continue to monitor the situation in
Ethiopia. Should the special provisions
authorized by this notice need
modification or extension, DHS will
31 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 [date], 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 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 Oct. 6, 2022).
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Sfmt 9990
An F–1 nonimmigrant student seeking
off-campus employment authorization
due to severe economic hardship
resulting from the current crisis in
Ethiopia 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. 2022–26874 Filed 12–9–22; 8:45 am]
BILLING CODE 9111–28–P
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]]>Agencies
[Federal Register Volume 87, Number 237 (Monday, December 12, 2022)]
[Notices]
[Pages 76068-76073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26874]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Immigration and Customs Enforcement
[Docket No. ICEB-2022-0012]
RIN 1653-ZA32]
Employment Authorization for Ethiopian F-1 Nonimmigrant Students
Experiencing Severe Economic Hardship as a Direct Result of the Current
Crisis in Ethiopia
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 Ethiopia,
regardless of country of birth (or individuals having no nationality
who last habitually resided in Ethiopia), and who are experiencing
severe economic hardship as a direct result of the current crisis in
Ethiopia. The Secretary is taking action to provide relief to these
Ethiopian students who are lawful F-1 nonimmigrant students so the
students may request employment authorization, work an increased number
of hours while school is in session, and reduce their course load while
continuing to maintain their F-1 nonimmigrant student status. The U.S.
Department of Homeland Security (DHS) will deem an F-1 nonimmigrant
student granted employment authorization by means of this notice to be
engaged in a ``full course of study'' for the duration of the
employment authorization, if the nonimmigrant student satisfies the
minimum course load requirement described in this notice.
DATES: This notice is effective December 12, 2022, through Wednesday
June 12, 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 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 Ethiopia regardless of country of birth (or
individuals having no nationality who last habitually resided in
Ethiopia), who are present in the United States in lawful F-1
nonimmigrant student status on the date of publication of this notice,
and who are experiencing severe economic hardship as a direct result of
the current crisis in Ethiopia. Effective with this publication,
suspension of the employment limitations is available through [DATE],
2024, for those who are in lawful F-1 nonimmigrant status on the date
of publication of this notice. 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 [DATE], 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 Oct. 6, 2022).
---------------------------------------------------------------------------
Who is covered by this notice?
This notice applies exclusively to F-1 nonimmigrant students who
meet all of the following conditions:
(1) Are a citizen of Ethiopia regardless of country of birth (or an
individual having no nationality who last habitually resided in
Ethiopia);
(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 the date of
publication of this notice;
(3) Are enrolled in an academic institution that is Student and
Exchange Visitor Program (SEVP)-certified for
[[Page 76069]]
enrollment for F-1 nonimmigrant students;
(4) Are currently maintaining F-1 nonimmigrant status; and
(5) Are experiencing severe economic hardship as a direct result of
the current crisis in Ethiopia.
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 Ethiopian F-1
nonimmigrant students experiencing severe economic hardship due to the
current crisis in Ethiopia caused by the armed conflict in multiple
regions of the country resulting in large-scale displacement of
civilians. Based on its review of country conditions in Ethiopia and
input received from the U.S. Department of State (DOS), DHS is taking
action to allow eligible F-1 nonimmigrant students from Ethiopia 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.
The conflict in northern Ethiopia began in November 2020, when a
constitutional dispute between Tigray and federal leaders escalated
into conflict amid a prolonged power struggle.\2\ Human rights abuses
by all parties to the conflict have been reported, including killings,
torture, gender-based violence, arbitrary or unjust detentions, and
there have also been potential human trafficking crimes.\3\ The federal
government declared a humanitarian truce in the Tigray region on March
24, 2022, which was reciprocated by the Tigrayan regional authorities,
but hostilities resumed on August 24, 2022.\4\ On September 1, 2022,
Tigray authorities stated that the Ethiopian and Eritrean armies had
launched major offenses into the northwestern Tigray region.\5\ After
significant engagement by the African Union and other partners,
delegations from the government of Ethiopia and Tigray regional
authorities signed a cessation of hostilities agreement in Pretoria on
November 2. While this agreement is an important initial step in
curbing violence in northern Ethiopia, it does not address violence in
other parts of Ethiopia, and--as of early November 2022--there remains
significant humanitarian suffering as a result of the two-year
conflict.
---------------------------------------------------------------------------
\2\ International Crisis Group, Avoiding the Abyss as War
Resumes in Northern Ethiopia (Sept. 7, 2022), https://www.crisisgroup.org/africa/horn-africa/ethiopia/avoiding-abyss-war-resumes-northern-ethiopia.
\3\ Id.; Department of State, 2022 Trafficking in Persons Report
(July 19, 2022), https://www.state.gov/reports/2022-trafficking-in-persons-report/.
\4\ International Crisis Group, Avoiding the Abyss as War
Resumes in Northern Ethiopia (Sept. 7, 2022), https://www.crisisgroup.org/africa/horn-africa/ethiopia/avoiding-abyss-war-resumes-northern-ethiopia.
\5\ Id.
---------------------------------------------------------------------------
Armed Conflict Location and Event Data Project (ACLED) data
indicates that over 230 alleged incidents of civilians being targeted
were reported in Ethiopia during the first six months of 2022.\6\
---------------------------------------------------------------------------
\6\ ACLED, Multiple Complications Threaten to Result in a
Dangerous Re-escalation (Aug. 15, 2022), https://acleddata.com/10-conflicts-to-worry-about-in-2022/ethiopia/mid-year-update/.
---------------------------------------------------------------------------
Violence in Ethiopia has caused many to flee their homes and has
exacerbated humanitarian concerns regarding access to food, water, and
healthcare. A September 2022 United Nations (UN) Office for the
Coordination of Humanitarian Affairs (UNOCHA) report stated: ``more
than 20 million people affected by violence as well as climatic shocks
. . . require humanitarian assistance and protection services until the
end of 2022.'' \7\ In July 2022, the UN Children's Fund (UNICEF)
estimated that 29.7 million people are in need of humanitarian
assistance, including access to food, water, and health services, in
Ethiopia. UNICEF also estimated that there were 2.75 million internally
displaced persons (IDPs) in Ethiopia.\8\ An August 2022 report by the
UN Food and Agriculture Organization (FAO) stated that, in 2022, 20.4
million people are estimated to be severely food insecure, which is 2.4
million more than in 2021.\9\ In addition, the UN High Commissioner for
Refugees (UNHCR) estimated that there are more than 59,500 Ethiopian
refugees in eastern Sudan who have fled violence in Ethiopia.\10\
---------------------------------------------------------------------------
\7\ UNOCHA, Ethiopia Situation Overview (Sept. 7, 2022), https://reports.unocha.org/en/country/ethiopia/card/5EhBh4Xf5z/.
\8\ UNICEF, Ethiopia Humanitarian Situation Report No. 7 (July
2022), https://www.unicef.org/media/126921/file/Ethiopia%20Humanitarian%20Situation%20Report%20No.%207,%20July%202022.pdf.
\9\ UN FAO, GIEWS--Global Information and Early Warning System,
Country Briefs, Ethiopia (Aug. 24, 2022), https://www.fao.org/giews/countrybrief/country.jsp?code=ETH&lang=en.
\10\ UNOCHA, Sudan: East Sudan (Kassala & Gedaref) & Blue Nile
States--Ethiopian Emergency Situation Update (as of 31 August 2022),
(Sept. 14, 2022), https://reliefweb.int/report/sudan/sudan-east-sudan-kassala-gedaref-blue-nile-states-ethiopian-emergency-situation-update-31-august-2022.
---------------------------------------------------------------------------
Ethiopia is facing multiple and overlapping crises, significantly
impacting the security and humanitarian situation throughout the
country. Areas experiencing conflict have seen their local healthcare
systems severely damaged and diminished. A July 2022 World Health
Organization (WHO) report stated that in the Tigray region, just 22
percent of health facilities were fully functioning, with 75 percent
only partially functioning, and 3 percent not functioning at all.\11\
Additionally, Ethiopia has been experiencing one of the most severe
droughts in the last forty years since late 2020.\12\ Drought
conditions have resulted in widespread death of livestock, a key source
of food, milk, and income for pastoralists.\13\ Due to the instability
caused by increased levels of armed conflict, Ethiopia is facing
economic pressure. Annual inflation remains high, driven by rising food
and fuel costs, which puts pressure on households' ability to access
market foods. Annual inflation in July 2022 was at 33.5 percent,
slightly lower than in June 2022.\14\ Ethiopia is experiencing
insufficient foreign currency reserves and the continuous depreciation
of the national currency, the Ethiopian birr.\15\
---------------------------------------------------------------------------
\11\ WHO, Situation Report: Greater Horn of Africa Drought and
Food Insecurity Grade 3 Emergency (July 29, 2022), https://cdn.who.int/media/docs/default-source/documents/emergencies/who_ghoa_sitrep_2022-08-08.pdf?sfvrsn=dbdfc8b0_3&download=true.
\12\ UNOCHA, Ethiopia: Drought Update No. 4, June 2022 (June 3,
2022), https://reliefweb.int/report/ethiopia/ethiopia-drought-update-no-4-june-2022.
\13\ Id.
\14\ Famine Early Warning Systems Network (FEWS NET), There is
the potential for extreme food insecurity in conflict and drought-
affected areas of Ethiopia (July 2022), https://fews.net/east-africa/ethiopia/key-message-update/july-2022.
\15\ Food and Agriculture Organization of the United Nations
(FAO), GIEWS--Global Information and Early Warning System, Country
Briefs, Ethiopia (Aug. 24, 2022), https://www.fao.org/giews/countrybrief/country.jsp?code=ETH&lang=en.
---------------------------------------------------------------------------
As of October 2, 2022, approximately 3,592 F-1 nonimmigrant
students who are Ethiopian citizens are enrolled at SEVP-certified
academic institutions in the United States. Given the extent of the
current crisis in Ethiopia, affected students whose primary means of
financial support comes from Ethiopia may need to be exempt from the
normal student employment requirements to continue their studies in the
United States. The current crisis has made it unfeasible for many
students to safely return to Ethiopia for the foreseeable future.
Without employment
[[Page 76070]]
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.\16\ 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.
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\16\ DHS considers students who are compliant with ICE
coronavirus disease 2019 (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
Oct. 6, 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 Ethiopian citizen,
regardless of country of birth (or an individual having no nationality
who last habitually resided in Ethiopia), 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].\17\
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\17\ 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 [date], 2024, provided the student satisfies the minimum course
load requirements in this notice.
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'' \18\ 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.
---------------------------------------------------------------------------
\18\ 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 receives an initial
F-1 visa and makes an initial entry into the United States after the
effective date of this notice in the Federal Register?
No. The suspension of the applicability of the standard regulatory
requirements only applies to certain F-1 nonimmigrant students who meet
the following conditions:
(1) Are a citizen of Ethiopia regardless of country of birth (or an
individual having no nationality who last habitually resided in
Ethiopia);
(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 the date of publication of this notice;
(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
[[Page 76071]]
(5) Are experiencing severe economic hardship as a direct result of
the current crisis in Ethiopia.
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 current crisis in
Ethiopia).
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 Ethiopia 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 Ethiopia 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.
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].\19\
---------------------------------------------------------------------------
\19\ 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 [date], 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 current
crisis in Ethiopia. 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 on-campus employment
when school is not in session or during school vacations apply, as
described in 8 CFR 214.2(f)(9)(i).
Will an F-1 nonimmigrant student who receives on-campus employment
authorization under this notice have authorization to reduce the normal
course load and still maintain his or her F-1 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'' \20\ 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.\21\
---------------------------------------------------------------------------
\20\ See 8 CFR 214.2(f)(6).
\21\ 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'' \22\ 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
[[Page 76072]]
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.\23\
---------------------------------------------------------------------------
\22\ See 8 CFR 214.2(f)(6).
\23\ 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 current crisis in Ethiopia.\24\ Filing instructions are located at
https://www.uscis.gov/i-765.
---------------------------------------------------------------------------
\24\ See 8 CFR 274a.12(c)(3)(iii).
---------------------------------------------------------------------------
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 current crisis in
Ethiopia.
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].\25\
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\25\ 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 [date], 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'' \26\ at the time of the request
for employment authorization;
---------------------------------------------------------------------------
\26\ See 8 CFR 214.2(f)(6).
---------------------------------------------------------------------------
(b) The F-1 nonimmigrant student is a citizen of Ethiopia,
regardless of country of birth (or an individual having no nationality
who last habitually resided in Ethiopia), and is experiencing severe
economic hardship as a direct result of the current crisis in Ethiopia,
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 instruction per academic term if the student is at
the graduate level; \27\ and
---------------------------------------------------------------------------
\27\ 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 current
crisis in Ethiopia.
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 the following
documents:
(1) A completed Form I-765 with all applicable supporting evidence;
(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.'' \28\ Failure to include this notation may
result in significant processing delays.
---------------------------------------------------------------------------
\28\ Guidance for direct filing addresses can be found here:
https://www.uscis.gov/i-765-addresses.
---------------------------------------------------------------------------
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,\29\ under this notice has two options.
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\29\ See DHS Study in the States, Special Student Relief,
https://studyinthestates.dhs.gov/students/special-student-relief
(last visited Oct. 6, 2022).
---------------------------------------------------------------------------
Under the first option, the F-1 nonimmigrant student may apply for
TPS according to the instructions in the USCIS notice designating
Ethiopia for TPS elsewhere in this issue of the Federal Register. 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 [DATE], 2024, and to
be eligible for automatic EAD extensions that may be available to
certain EADs with an A-12 or C-19 category code, they must file Form I-
765 and pay the Form I-765 fee (or request a fee waiver). 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 F-1 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
[[Page 76073]]
maintains F-1 status and TPS concurrently.
Under the second option, the F-1 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 Ethiopia 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 that
are not available to the C-3 category under which Special Student
Relief falls. The F-1 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 F-1 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'' \30\ 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).
---------------------------------------------------------------------------
\30\ 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 current crisis in Ethiopia. The DSO will
then verify and update the student's record in SEVIS to enable the F-1
nonimmigrant student with TPS to reduce the course load without any
further action or application. No other EAD needs to be issued for the
F-1 nonimmigrant student to have employment authorization.
Can a noncitizen who has been granted TPS apply for reinstatement of F-
1 nonimmigrant student status after the noncitizen's F-1 nonimmigrant
student status has lapsed?
Yes. 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 until [DATE], 2024,\31\ to
eligible F-1 nonimmigrant students. DHS will continue to monitor the
situation in Ethiopia. Should the special provisions authorized by this
notice need modification or extension, DHS will announce such changes
in the Federal Register.
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\31\ 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 [date], 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 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 Oct. 6, 2022).
---------------------------------------------------------------------------
Paperwork Reduction Act (PRA)
An F-1 nonimmigrant student seeking off-campus employment
authorization due to severe economic hardship resulting from the
current crisis in Ethiopia 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. 2022-26874 Filed 12-9-22; 8:45 am]
BILLING CODE 9111-28-P
