Employment Authorization for Haitian F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of the Current Crisis in Haiti, 5016-5022 [2023-01593]

Agencies

• DEPARTMENT OF HOMELAND SECURITY
• U.s. Immigration and Customs Enforcement

[Federal Register Volume 88, Number 17 (Thursday, January 26, 2023)]
[Notices]
[Pages 5016-5022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01593]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Immigration and Customs Enforcement

[Docket No. ICEB-2022-0014]
RIN 1653-ZA34


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

AGENCY: U.S. Immigration and Customs Enforcement; Department of 
Homeland Security.

ACTION: Notice.

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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 Haiti, regardless 
of country of birth (or individuals having no nationality who last 
habitually resided in Haiti), and who are experiencing severe economic 
hardship as a direct result of the current crisis in Haiti. The 
Secretary is taking action to provide relief to these Haitian students 
who are in lawful F-1 nonimmigrant student status so the students may 
request employment authorization on the date of publication of this 
notice, 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 action is effective February 4, 2023, through August 3, 
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 Haiti, regardless of country of birth (or 
individuals having no nationality who last habitually resided in 
Haiti), 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 Haiti. DHS initially suspended certain regulatory 
requirements for F-1 nonimmigrant students experiencing severe economic 
hardship as a direct result of the January 12, 2010, earthquake in 
Haiti. See 75 FR 56120 (Sep. 15, 2010). The original notice was 
effective from September 15, 2010, until July 22, 2011. A subsequent 
notice provided for an 18-month extension from July 22, 2011, through 
January 22, 2013. See 76 FR 28997 (May 19, 2011). A third notice 
provided another 18-month extension from January 22, 2013, through July 
22, 2014. See 77 FR 59942 (Oct. 1, 2012). A fourth notice provided for 
another 18-month extension from July 22, 2014, through January 22, 
2016. See 79 FR 11805 (Mar. 3, 2014). A fifth notice provided for 
another 18-month extension from January 22, 2016, through July 22, 
2017. See 80 FR 51579 (Aug. 25, 2015). Most recently, DHS issued a 
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 August 3, 2021, and was effective from 
August 3, 2021, until February 3, 2023. See 86 FR 41857 (Aug. 3, 2021). 
Effective with this publication, suspension of the employment 
limitations is available through August 3, 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).
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    \1\ Because the suspension of requirements under this notice 
applies throughout an academic term during which the suspension is 
in effect, DHS considers an F-1 nonimmigrant student who engages in 
a reduced course load or employment (or both) after this notice is 
effective to be engaging in a ``full course of study,'' see 8 CFR 
214.2(f)(6), and eligible for employment authorization, through the 
end of any academic term for which such student is matriculated as 
of August 3, 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 Nov. 30, 2022).
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Who is covered by this notice?

    This notice applies exclusively to F-1 nonimmigrant students who, 
on the date of publication of this notice, meet all of the following 
conditions:
    (1) Are a citizen of Haiti, regardless of country of birth (or an 
individual having no nationality who last habitually resided in Haiti);
    (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);
    (3) Are currently 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 current crisis in Haiti.
    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

[[Page 5017]]

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 Haitian F-1 nonimmigrant 
students experiencing severe economic hardship due to the current and 
ongoing crisis in Haiti. Based on its review of country conditions in 
Haiti and input received from the U.S. Department of State (DOS), DHS 
is taking action to allow eligible F-1 nonimmigrant students from Haiti 
(or individuals having no nationality who last habitually resided in 
Haiti) 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.

Overview

    DHS has conducted a thorough review of country conditions in Haiti. 
Haiti is experiencing economic, security, political, and health crises 
simultaneously. Fractured political dynamics and dysfunctional 
government entities are exacerbating a violent increase in gang 
conflict. At the same time, Haiti is confronting a humanitarian crisis, 
with many citizens having limited access to safety, healthcare, food, 
water, and economic opportunity. These circumstances continue to make 
return to Haiti dangerous for Haitian nationals living in the United 
States.

Political Situation

    The Haitian Parliament was dissolved in January 2020 as the 
mandates of two thirds of Senate members and all Chamber of Deputies 
members expired, and no new elections were held.\2\ On July 7, 2021, 
President Jovenel Mo[iuml]se was assassinated in his private residence 
in Port-au-Prince. Subsequently, Ariel Henry, whom Mo[iuml]se had 
appointed prime minister days before the assassination, was installed 
as head of a new government.
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    \2\ Freedom House, Freedom in the World 2022--Haiti (Feb. 28, 
2022), https://freedomhouse.org/country/haiti/freedom-world/2022.
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    Since then, PM Henry and opposition groups have engaged in 
intermittent negotiations about a political path towards elections. On 
December 21, representatives of civil society, the private sector, and 
political groups began signing a revised political agreement known as 
the December Accord, which was supported by PM Henry. Some opposition 
members, including many members of the Citizen Conference for a Haitian 
Solution to the Crisis, also known as the Montana Group, had not yet 
agreed to the accord as of January 4.
    The Haitian government has long been accused of corruption and 
ineptitude. Politicians and the business elite in Haiti have 
historically relied on gangs to obtain and exert power, but the gangs 
have grown more autonomous in recent years.\3\ An International Crisis 
Group report stated ``collusion between state security forces and 
illegal armed groups has flourished in the absence of political will to 
hold corrupt officers accountable and because of efforts of those in 
power to deploy the police (as well as gangs) to serve their personal 
interests.'' \4\
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    \3\ Diego Da Rin, New Gang Battle Lines Scar Haiti as Political 
Deadlock Persists, International Crisis Group (July 27, 2022), 
https://www.crisisgroup.org/latin-america-caribbean/haiti/new-gang-battle-lines-scar-haiti-political-deadlock-persists.
    \4\ International Crisis Group, New Gang Battle Lines Scar Haiti 
as Political Deadlock Persists (July 27, 2022), https://www.crisisgroup.org/latin-america-caribbean/haiti/new-gang-battle-lines-scar-haiti-political-deadlock-persists.
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Security Situation

    Since President Mo[iuml]se's assassination, Haiti has experienced a 
sharp deterioration in an already fragile security situation. Gang 
violence and kidnappings have spiked throughout the country, 
particularly in the capital, Port-au-Prince. The UN documented 934 
killings, 684 injuries, and 680 kidnappings in Port-au-Prince from 
January to June 2022.\5\ In one 10-day period in July, more than 200 
people were killed in gang violence in Port-au-Prince; nearly half of 
the decedents had no gang ties.\6\
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    \5\ Haiti: UN sounds alarm over worsening gang violence across 
Port-au-Prince, UN News, July 16, 2022, https://news.un.org/en/
story/2022/07/
1122662#:~:text=%E2%80%9CWe%20have%20so%20far%20documented,Soleil%20a
rea%20of%20the%20city.%E2%80%9D.
    \6\ BBC News, Haiti Gang Violence: 209 killed in Cit[eacute] 
Soleil in 10 days, July 26, 2022, https://www.bbc.com/news/world-latin-america-62292007.
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    There are around 200 gangs across Haiti, 95 of which operate in 
metropolitan Port-au-Prince. Many of Haiti's gangs have coalesced 
around two main alliances: the G9 and the GP[egrave]p. A two-party gang 
rivalry fought on numerous fronts has superseded the old local 
rivalries. Gangs have decapitated opponents in public, burnt corpses in 
the street, set fire to houses, and used sexual violence to intimidate 
residents out of collaborating with their rivals.\7\ Clashes between 
rival gangs led to particularly high levels of gang violence in April 
and May 2022, leading to the temporary closure of dozens of schools, 
medical centers, businesses, and markets, making it difficult for 
people to find basic products including food, water, and medicines. In 
May 2022, UN High Commissioner for Human Rights Michelle Bachelet 
described armed violence in Haiti as ``unimaginable and intolerable'' 
and stated that ``violence has had a severe impact on the most basic 
human rights of people.'' Also in May, Doctors Without Borders warned 
that kidnappings for ransom that target many residents of Port-au-
Prince, including medical personnel, were making it increasingly 
difficult for the population to access healthcare. Gangs in Port-au-
Prince targeted homeless and at-risk teens as participants in gang 
violence. In July 2022, the UN Office for the Coordination of 
Humanitarian Affairs (UNOCHA) estimated that more than a third of Port-
au-Prince was under the control of gangs.\8\
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    \7\ Id.
    \8\ UN OCHA, Haiti: Impact of the deteriorating security 
situation on humanitarian access: Background Note (July 8, 2022), 
https://reliefweb.int/report/haiti/haiti-impact-deteriorating-security-situation-humanitarian-access-background-note-8-july-2022.
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    In mid-September, gangs blocked access to the Varreux Terminal in 
Port-au-Prince, the main entry point for fuel in Haiti, cutting off 
millions of gallons of diesel and gasoline and causing a severe fuel 
shortage.\9\ The fuel blockage paralyzed Haiti's economy.\10\ Health 
centers and hospitals had to close, and the distribution of water was 
interrupted.\11\ The lack of access to clean water contributed to the 
outbreak of cholera in early October, and complicated efforts to 
respond to and contain the outbreak.\12\
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    \9\ PBS NewsHour, Haiti reaches a breaking point as the economy 
tanks and violence soars (Oct. 4, 2022), https://www.pbs.org/newshour/world/haiti-reaches-a-breaking-point-as-the-economy-tanks-and-violence-soars.
    \10\ Brian Ellsworth and Harold Isaac, UN calls for 
`humanitarian corridor' in Haiti as gang blockade drags on, Reuters, 
Oct. 6, 2022, https://www.reuters.com/world/americas/un-calls-humanitarian-corridor-haiti-gang-blockade-drags-2022-10-06/.
    \11\ UN News, Haiti: Fuel crisis prompts appeal for humanitarian 
corridor amid cholera outbreak, Oct. 6, 2022, https://news.un.org/en/story/2022/10/1129317.
    \12\ Id.
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    On October 7, 2022, the government of Haiti requested assistance 
from the international community to confront gangs and address the 
humanitarian crisis.\13\ In an October 12, 2022 Press

[[Page 5018]]

Statement, U.S. Secretary of State Antony Blinken emphasized the 
critical nature of the humanitarian situation in Haiti, noting that the 
United States is committed to continuing to help Haiti address the 
crisis through multiple avenues.\14\ On October 15, the U.S. and Canada 
delivered Haitian National Police-purchased armored vehicles and other 
law enforcement equipment to assist in re-taking the terminal. A 
Haitian National Police operation on November 5-6 successfully re-
gained control of the fuel terminal. The relatively small size of the 
Haitian National Police remains concerning. Out of 14,161 officers, 
13,000 officers are assigned to law enforcement activities, with the 
ratio of police officers to the population standing at 1.06 police 
officers per 1,000 inhabitants. This is well below the United Nations-
suggested international ratio of 2.2 per 1,000.
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    \13\ Reuters, Haiti's situation is dire and cannot persist, 
State Department says, Oct. 11, 2022, https://www.reuters.com/world/americas/haitis-situation-is-dire-cannot-persist-state-department-says-2022-10-11/.
    \14\ U.S. Department of State, Press Statement, Steps to Address 
the Humanitarian and Security Situation in Haiti, Oct. 12, 2022, 
https://www.state.gov/steps-to-address-the-humanitarian-and-security-situation-in-haiti/.
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Humanitarian Situation

    Haiti has one of the highest levels of chronic food insecurity in 
the world with more than half of its total population chronically food 
insecure and 22 percent of children chronically malnourished, according 
to a September 2022 report.\15\ As of October 2022, the total number of 
people in ``acute'' food insecurity stood at 4.7 million people, 
including 1.8 million people in the ``emergency'' phase on the World 
Food Program's (WFP) Integrated Food Security Classification Index.\16\ 
For the first time ever, 19,000 Haitians are considered to be in the 
``catastrophe'' phase (the most severe classification).\17\
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    \15\ WFP, WFP Haiti Country Brief, September 2022 (Sept. 30, 
2022), https://reliefweb.int/report/haiti/wfp-haiti-country-brief-september-2022.
    \16\ UN News, `Catastrophic' hunger recorded in Haiti for first 
time, UN warns, Oct. 14, 2022, https://news.un.org/en/story/2022/10/
1129537#:~:text=According%20to%20the%20latest%20IPC,in%20Catastrophe%
20phase%2C%20phase%205.
    \17\ Id.
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    The UN and the Haitian government have reported a new cholera 
outbreak, with the first cases detected between October 1-2, 2022.\18\ 
As of November 15, 2022, there were 8,146 hospitalized suspected cases 
and 821 confirmed cases of cholera, resulting in 188 deaths.\19\ The 
end of the two-month fuel terminal seizure allowed hospitals, water 
treatment plants, commercial water suppliers, and transportation 
networks to resume functioning, allowing for better access to cholera 
prevention and treatment. However, paradoxically, the availability of 
fuel also allowed for resumed mobility among the general population, 
potentially leading to increased cholera transmission. In November 
2022, the UN launched a ``Flash Appeal'' requesting $145.6 million to 
contain the outbreak and respond to other humanitarian needs throughout 
Haiti.\20\ In addition to the cholera outbreak, as of August 1, 2022, 
only 1.4 percent of Haiti's population had been fully vaccinated 
against COVID-19.\21\ Haiti ranks among the world's bottom 10 countries 
in terms of COVID-19 vaccination coverage.\22\
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    \18\ Widlore M[eacute]rancourt, Kelly Kasulis Cho, and Amanda 
Coletta, The Washington Post, Cholera Resurfaces in Haiti as gangs 
hinder access to water, hospitals, Oct. 3, 2022, https://www.washingtonpost.com/world/2022/10/03/haiti-cholera-gang-violence-water/.
    \19\ Pan American Health Organization, Cholera Outbreak in 
Hispaniola, Situation Report #6, Nov. 17, 2022, https://www.paho.org/en/documents/cholera-outbreak-hispaniola-2022-situation-report-6.
    \20\ UN Office for the Coordination of Humanitarian Affairs, 
Haiti 2022 Cholera Flash Appeal (Mid Oct 2022-Mid Apr 2023), Nov. 
15, 2022, https://reliefweb.int/report/haiti/haiti-2022-cholera-flash-appeal-mid-oct-2022-mid-apr-2023.
    \21\ Congressional Research Service, Haiti: Political Conflict 
and U.S. Policy Overview (Aug. 2, 2022), https://crsreports.congress.gov/product/pdf/IF/IF12182.
    \22\ World Bank, The World Bank approved $35 million to improve 
Haiti's COVID-19 response (June 11, 2022), https://reliefweb.int/report/haiti/world-bank-approved-35-million-improve-haitis-covid-19-response.
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Economic Situation

    Amidst the political, security, and humanitarian crises, Haiti's 
economy has floundered. Haiti is among the countries with the greatest 
inequality in the region. The richest 20 percent of its population 
holds more than 64 percent of its total wealth, while the poorest 20 
percent has less than 1 percent.\23\ Latest estimates put the 2021 
poverty rate at 52.3 percent up from 51 percent in 2020.\24\ In 2021, 
Haiti had a GDP per capita of $1,815, the lowest in the Latin America 
and the Caribbean (LAC) region and less than a fifth of the LAC average 
of $15,092.\25\ On the UN's Human Development Index,\26\ Haiti ranked 
170 out of 189 in 2020.\27\
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    \23\ World Bank, The World Bank in Haiti Overview (last updated 
June 14, 2022), https://www.worldbank.org/en/country/haiti/overview.
    \24\ Id.
    \25\ Id.
    \26\ The Human Development Index (HDI) is a summary measure of 
average achievement in key dimensions of human development: a long 
and healthy life, being knowledgeable and have a decent standard of 
living. See UNDP, Human Development Index (HDI) (last visited Aug. 
15, 2022), https://hdr.undp.org/data-center/human-development-index#/indicies/HDI.
    \27\ World Bank, The World Bank in Haiti Overview (last updated 
June 14, 2022), https://www.worldbank.org/en/country/haiti/overview.
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    As of January 3, 2023, 1,004 F-1 nonimmigrant students who are 
Hatian citizens are enrolled at SEVP-certified academic institutions in 
the United States. Given the extent of the current crisis in Haiti, 
affected students whose primary means of financial support comes from 
Haiti 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 Haiti 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

[[Page 5019]]

program.\28\ 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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    \28\ 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 
Nov. 30, 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 Haitian citizen, 
regardless of country of birth (or an individual having no nationality 
who last habitually resided in Haiti), 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].\29\
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    \29\ 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 August 3, 2024, provided the student satisfies the minimum course 
load requirements in this notice.
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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'' \30\ 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.
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    \30\ See 8 CFR 214.2(f)(6).
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Will an F-2 dependent (spouse or minor child) of an F-1 nonimmigrant 
student covered by this notice be eligible 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, on 
the date of publication of this notice, meet the following conditions:
    (1) Are a citizen of Haiti, regardless of country of birth (or an 
individual having no nationality who last habitually resided in Haiti);
    (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);
    (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 current crisis in Haiti.
    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 Haiti).

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 Haiti 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 Haiti enrolled in an elementary 
school,

[[Page 5020]]

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].\31\
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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 August 3, 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 Haiti. 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).

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'' \32\ 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.\33\
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    \32\ See 8 CFR 214.2(f)(6).
    \33\ Minimum course load requirement for enrollment in a school 
must be established in a publicly available document (e.g., catalog, 
website, or operating procedure), and it must be a standard 
applicable to all students (U.S. citizens and foreign students) 
enrolled at the school.
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Off-Campus Employment Authorization

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

    For an F-1 nonimmigrant student covered by this notice, as provided 
under 8 CFR 214.2(f)(9)(ii)(A), the Secretary is suspending the 
following regulatory requirements relating to off-campus employment:
    (a) The requirement that a student must have been in F-1 
nonimmigrant student status for one full academic year to be eligible 
for off-campus employment;
    (b) The requirement that an F-1 nonimmigrant student must 
demonstrate that acceptance of employment will not interfere with the 
student's carrying a full course of study;
    (c) The requirement that limits an F-1 nonimmigrant student's 
employment authorization to no more than 20 hours per week of off-
campus employment while 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'' \34\ 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.\35\
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    \34\ See 8 CFR 214.2(f)(6).
    \35\ Minimum course load requirement for enrollment in a school 
must be established in a publicly available document (e.g., catalog, 
website, or operating procedure), and it must be a standard 
applicable to all students (U.S. citizens and foreign students) 
enrolled at the school.
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How may an eligible F-1 nonimmigrant student obtain employment 
authorization for off-campus employment with a reduced course load 
under this notice?

    An F-1 nonimmigrant student must file a Form I-765, Application for 
Employment Authorization, with USCIS to apply for off-campus employment 
authorization based on severe economic hardship directly resulting from 
the current crisis in Haiti.\36\ Filing instructions are located at 
https://www.uscis.gov/i-765.
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    \36\ See 8 CFR 274a.12(c)(3)(iii).
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    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:

[[Page 5021]]

    (1) This employment is necessary to avoid severe economic hardship; 
and
    (2) The hardship is a direct result of the current crisis in Haiti.
    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].\37\
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    \37\ 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 August 3, 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'' \38\ at the time of the request 
for employment authorization;
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    \38\ See 8 CFR 214.2(f)(6).
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    (b) The F-1 nonimmigrant student is a citizen of Haiti, regardless 
of country of birth (or an individual having no nationality who last 
habitually resided in Haiti), and is experiencing severe economic 
hardship as a direct result of the current crisis in Haiti, 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; \39\ and
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    \39\ 8 CFR 214.2(f)(5)(v).
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    (d) The off-campus employment is necessary to alleviate severe 
economic hardship to the individual as a direct result of the current 
crisis in Haiti.
    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.'' \40\ Failure to include this notation may 
result in significant processing delays.
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    \40\ Guidance for direct filing addresses can be found here: 
https://www.uscis.gov/i-765-addresses.
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    If USCIS approves the student's Form I-765, USCIS will send the 
student an EAD as evidence of employment authorization. The EAD will 
contain an expiration date that does not exceed the end of the granted 
temporary relief.

Temporary Protected Status (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,\41\ under this notice has two options.
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    \41\ See DHS Study in the States, Special Student Relief, 
https://studyinthestates.dhs.gov/students/special-student-relief 
(last visited Nov. 30, 2022).
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    Under the first option, the nonimmigrant student may apply for TPS 
according to the instructions in the USCIS notice designating Haiti 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 August 3, 2024, they must file 
Form I-765 and pay the Form I-765 fee (or request a fee waiver). An F-1 
student who already has a TPS-related EAD with a ``Card Expires'' date 
of February 3, 2023 will benefit from an automatic extension of the EAD 
through February 3, 2024, through the Federal Register notice extending 
the designation of Haiti for TPS. A Haiti TPS-related EAD can also be 
automatically extended for up to 540 days \42\ 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 requests a fee waiver) 
during the filing period described in the Federal Register notice 
extending the designation of Haiti for TPS, but no later than February 
3, 2023. 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.
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    \42\ 8 CFR 274a.13(d)(5).
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    Under the second option, the nonimmigrant student may apply for an 
EAD under Special Student Relief by filing Form I-765 at 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 Haiti for TPS. If the F-1 
nonimmigrant student has already applied for employment authorization 
under Special Student Relief, they are not required to submit the Form 
I-765 as part of the TPS application. However, some nonimmigrant 
students may wish to obtain a TPS-related EAD in light of certain 
extensions that may be available to EADs with an A-12 or C-19 category 
code. 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

[[Page 5022]]

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'' \43\ 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).
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    \43\ See 8 CFR 214.2(f)(6).
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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 Haiti. 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 the date of 
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 August 3, 2024,\44\ to 
eligible F-1 nonimmigrant students. DHS will continue to monitor the 
situation in Haiti. 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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    \44\ 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 August 3, 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 Nov. 30, 2022).
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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 Haiti 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. 2023-01593 Filed 1-25-23; 8:45 am]
BILLING CODE 9111-28-P