Employment Authorization for Hong Kong F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of the Current Crisis in Hong Kong, 28584-28589 [2023-09512]

Agencies

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

[Federal Register Volume 88, Number 86 (Thursday, May 4, 2023)]
[Notices]
[Pages 28584-28589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09512]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Immigration and Customs Enforcement

[Docket No. ICEB-2023-0001]
RIN 1653-ZA37


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

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 who are Hong Kong residents, regardless of 
country of birth, and who are experiencing severe economic hardship as 
a direct result of the current crisis in Hong Kong. The Secretary is 
taking action to provide relief to those Hong Kong residents who were 
in lawful F-1 nonimmigrant student status as of January 26, 2023, 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. DHS will deem an F-1 nonimmigrant student who receives 
employment authorization by means of this notice to be engaged in a 
``full course of study'' for the duration of the employment 
authorization, if the nonimmigrant student satisfies the minimum course 
load requirement described in this notice.

DATES: This action is effective from January 26, 2023, through February 
5, 2025.

FOR FURTHER INFORMATION CONTACT: Sharon Snyder, Unit Chief, Policy and 
Response Unit, Student and Exchange Visitor Program, MS 5600, U.S. 
Immigration and Customs Enforcement, 500 12th Street SW, Washington, DC 
20536-5600; email: [email protected], telephone: (703) 603-3400. This is 
not a toll-free number. Program information can be found at https://www.ice.gov/sevis/.

SUPPLEMENTARY INFORMATION:

What action is DHS taking under this notice?

    The Secretary is exercising the authority under 8 CFR 214.2(f)(9) 
to temporarily suspend the applicability of certain requirements 
governing on-campus and off-campus employment for F-1 nonimmigrant 
students who are residents of Hong Kong,\1\ regardless of country of 
birth, who were lawfully present in the United States in F-1 
nonimmigrant student status as of January 26, 2023, and who are 
experiencing severe economic hardship as a direct result of the current 
crisis in Hong Kong. The original notice, which applied to F-1 
nonimmigrant students who met certain criteria, including having been 
lawfully present in the United States in F-1 nonimmigrant status on 
November 26, 2021, became effective from November 26, 2021,

[[Page 28585]]

through February 5, 2023. See 86 FR 67485 (November 26, 2021). 
Effective with this publication, suspension of the employment 
limitations is available through February 5, 2025, for those who were 
in lawful F-1 nonimmigrant status as of January 26, 2023, the date of 
the Presidential Memorandum extending and expanding protections for 
eligible Hong Kong residents. 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.\2\ See 8 CFR 214.2(f)(6)(i)(F).
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    \1\ For purposes of this Notice, a Hong Kong resident is defined 
as an individual of any nationality, or without nationality, who has 
met the requirements for, and been granted, a Hong Kong Special 
Administrative Region Passport, a British National Overseas 
Passport, a British Overseas Citizen Passport, a Hong Kong Permanent 
Identity card, or a Hong Kong Special Administrative Region (HKSAR) 
Document of Identity for Visa Purposes.
    \2\ Because the suspension of requirements under this notice 
applies throughout an academic term during which the suspension is 
in effect, DHS considers an F-1 nonimmigrant student who engages in 
a reduced course load or employment (or both) after this notice is 
effective to be engaging in a ``full course of study,'' see 8 CFR 
214.2(f)(6), and eligible for employment authorization, through the 
end of any academic term for which such student is matriculated as 
of February 5, 2025, 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 Jan. 17, 2023).
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Who is covered by this notice?

    This notice applies exclusively to F-1 nonimmigrant students who 
meet all of the following conditions:
    (1) Are Hong Kong residents, regardless of country of birth;
    (2) Were lawfully present in the United States in F-1 nonimmigrant 
status on January 26, 2023, under section 101(a)(15)(F)(i) of the 
Immigration and Nationality Act (INA), 8 U.S.C. 1101(a)(15)(F)(i);
    (3) Are enrolled in an academic institution that is Student and 
Exchange Visitor Program (SEVP)-certified for enrollment 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 Hong Kong.
    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?

    On January 26, 2023, President Biden issued a memorandum to the 
Secretary of State and the Secretary of DHS to defer for 24 months the 
removal of certain Hong Kong residents present in the United States.\3\ 
There continue to be compelling foreign policy reasons to grant 
Deferred Enforced Departure (DED), including the defense of democracy 
and the promotion of human rights in Hong Kong.
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    \3\ ``Deferred Enforced Departure for Certain Hong Kong 
Residents Memorandum for the Secretary of State [and] the Secretary 
of Homeland Security,'' https://www.whitehouse.gov/briefing-room/presidential-actions/2023/01/26/memorandum-on-extending-and-expanding-eligibility-for-deferred-enforced-departure-for-certain-hong-kong-residents/ (last visited Jan. 27, 2023).
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    By unilaterally imposing on Hong Kong the Law of the People's 
Republic of China on Safeguarding National Security in the Hong Kong 
Special Administrative Region (NSL) in June 2020, the PRC has 
undermined the enjoyment of rights and freedoms in Hong Kong, including 
those protected under the Basic Law and the Sino-British Joint 
Declaration. The PRC has continued its assault on Hong Kong's autonomy, 
undermining its remaining democratic processes and institutions, 
imposing limits on academic freedom, and cracking down on freedom of 
expression, including for members of the press. Since June 2020, at 
least 150 opposition politicians, activists, and protesters have been 
taken into custody on politically motivated NSL-related charges 
including secession, subversion, terrorist activities, and collusion 
with a foreign country or external elements. Over 1,200 political 
prisoners are now behind bars, and over 10,000 individuals have been 
arrested for other charges in connection with anti-government 
protests.\4\ Now, DHS is again taking action so eligible F-1 
nonimmigrant students who are Hong Kong residents, regardless of 
country of birth, may request employment authorization, work an 
increased number of hours while school is in session, and reduce their 
course load while continuing to maintain F-1 nonimmigrant student 
status.
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    \4\ ``Deferred Enforced Departure for Certain Hong Kong 
Residents Memorandum for the Secretary of State [and] the Secretary 
of Homeland Security,'' https://www.whitehouse.gov/briefing-room/presidential-actions/2023/01/26/memorandum-on-extending-and-expanding-eligibility-for-deferred-enforced-departure-for-certain-hong-kong-residents/ (last visited Jan. 27, 2023).
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    Previously DHS took action to provide temporary relief to F-1 
nonimmigrant students who are Hong Kong residents, regardless of 
country of birth, and who experienced severe economic hardship because 
of the crisis in Hong Kong, See 86 FR 67485 (November 26, 2021). This 
temporary relief has enabled these F-1 nonimmigrant students to obtain 
employment authorization, work an increased number of hours while 
school was in session, and reduce their course load, while continuing 
to maintain their F-1 nonimmigrant student status.
    As of March 2, 2023, approximately 5,863 F-1 nonimmigrants students 
who are Hong Kong residents were physically present in the United 
States and enrolled in SEVP-certified academic institutions. Many of 
these students are impacted by the current crisis in Hong Kong because 
their primary means of financial support comes from Hong Kong. Without 
employment authorization, these students may lack the means to meet 
basic living expenses. Therefore, in support of affected F-1 
nonimmigrant students who may be unable to return to Hong Kong for the 
foreseeable future, the Secretary is exempting them from the normal 
student employment requirements so that they may support themselves as 
they continue their program of study in the United States.

What is the minimum course load requirement to maintain valid F-1 
nonimmigrant status under this notice?

    Undergraduate F-1 nonimmigrant students who receive on-campus or 
off-campus employment authorization under this notice must remain 
registered for a minimum of six semester or quarter hours of 
instruction per academic term. 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

[[Page 28586]]

study is in an English language study program.\5\ 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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    \5\ DHS considers students who are compliant with ICE COVID-19 
guidance for nonimmigrant students to be in compliance with 
regulations while such COVID-19 guidance remains in effect. See ICE 
Guidance and Frequently Asked Questions on COVID-19, https://www.ice.gov/coronavirus (last visited Jan. 17, 2023).
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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 Hong Kong resident, 
regardless of country of birth, who already has on-campus or off-campus 
employment authorization and is otherwise eligible may benefit under 
this notice, which suspends certain regulatory requirements relating to 
the minimum course load requirement under 8 CFR 214.2(f)(6)(i) 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].\6\
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    \6\ Because the suspension of requirements under this notice 
applies throughout an academic term during which the suspension is 
in effect, DHS considers an F-1 nonimmigrant student who engages in 
a reduced course load or employment (or both) after this notice is 
effective to be engaging in a ``full course of study,'' see 8 CFR 
214.2(f)(6), and eligible for employment authorization, through the 
end of any academic term for which such student is matriculated as 
of February 5, 2025, 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'' \7\ 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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    \7\ 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. See 8 CFR 
214.2(f)(15)(i).

Will the suspension of the applicability of the standard student 
employment requirements apply to an individual who received 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 Hong Kong residents, regardless of country of birth;
    (2) Were lawfully present in the United States in F-1 nonimmigrant 
status on January 26, 2023, 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 Hong Kong.
    An F-1 nonimmigrant student who does not meet all these 
requirements is ineligible for the suspension of the applicability of 
the standard regulatory requirements (even if experiencing severe 
economic hardship as a direct result of the current crisis in Hong 
Kong).

Does this notice apply to a continuing F-1 nonimmigrant student who 
departs the United States after the effective date of this notice in 
the Federal Register and who needs to obtain a new F-1 visa before 
returning to the United States to continue an educational program?

    Yes. This notice applies to such an F-1 nonimmigrant student, but 
only if the DSO has properly notated the student's SEVIS record, which 
will then appear on the student's Form I-20. The normal rules for visa 
issuance remain applicable to a nonimmigrant who needs to apply for a 
new F-1 visa 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 who are Hong Kong residents 
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 who 
are Hong Kong residents enrolled in an

[[Page 28587]]

elementary school, middle school, or high school do benefit from the 
suspension of the requirement in 8 CFR 214.2(f)(9)(i) that limits on-
campus employment to 20 hours per week while school is in session. 
Nothing in this notice affects the applicability of Federal and State 
labor laws limiting the employment of minors.

On-Campus Employment Authorization

Will an F-1 nonimmigrant student who receives on-campus employment 
authorization under this notice 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].\8\
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    \8\ Because the suspension of requirements under this notice 
applies throughout an academic term during which the suspension is 
in effect, DHS considers an F-1 nonimmigrant student who engages in 
a reduced course load or employment (or both) after this notice is 
effective to be engaging in a ``full course of study,'' see 8 CFR 
214.2(f)(6), and eligible for employment authorization, through the 
end of any academic term for which such student is matriculated as 
of February 5, 2025, 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 Hong Kong. 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'' \9\ 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.\10\
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    \9\ See 8 CFR 214.2(f)(6).
    \10\ Minimum course load requirement for enrollment in a school 
must be established in a publicly available document (e.g., catalog, 
website, or operating procedure), and it must be a standard 
applicable to all students (U.S. citizens and foreign students) 
enrolled at the school.
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Off-Campus Employment Authorization

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

    For an F-1 student covered by this notice, as provided under 8 CFR 
214.2(f)(9)(ii)(A), the Secretary is suspending the following 
regulatory requirements relating to off-campus employment:
    (a) The requirement that a student must have been in F-1 
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'' \11\ 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.\12\
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    \11\ See 8 CFR 214.2(f)(6).
    \12\ 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 Hong Kong.\13\ Filing instructions are located at 
https://www.uscis.gov/i-765.
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    \13\ 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) (Oct. 1, 2020).
    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 28588]]

    (1) This employment is necessary to avoid severe economic hardship; 
and
    (2) The hardship is a direct result of the current crisis in Hong 
Kong.
    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].\14\
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    \14\ Because the suspension of requirements under this notice 
applies throughout an academic term during which the suspension is 
in effect, DHS considers an F-1 nonimmigrant student who engages in 
a reduced course load or employment (or both) after this notice is 
effective to be engaging in a ``full course of study,'' see 8 CFR 
214.2(f)(6), and eligible for employment authorization, through the 
end of any academic term for which such student is matriculated as 
of February 5, 2025, provided the student satisfies the minimum 
course load requirements in this notice.
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    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'' \15\ at the time of the request 
for employment authorization;
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    \15\ See 8 CFR 214.2(f)(6).
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    (b) The F-1 nonimmigrant student is a resident of Hong Kong, 
regardless of country of birth, and is experiencing severe economic 
hardship as a direct result of the current crisis in Hong Kong, as 
documented on the Form I-20;
    (c) The F-1 nonimmigrant student has confirmed that the student 
will comply with the reduced course load requirements of 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 at the graduate 
level; \16\ and
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    \16\ 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 Hong Kong.
    Processing. To facilitate prompt adjudication of the student's 
application for off-campus employment authorization under 8 CFR 
214.2(f)(9)(ii)(C), the F-1 nonimmigrant student should do both of the 
following:
    (a) Ensure that the application package includes all of the 
following documents:
    (1) A completed Form I-765 with all applicable supporting evidence;
    (2) The required fee or properly documented fee waiver request as 
defined in 8 CFR 103.7(c) (Oct. 1, 2020); 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.'' \17\ Failure to include this notation may 
result in significant processing delays.
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    \17\ 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 a Form I-766 EAD as evidence of employment authorization. The 
EAD will contain an expiration date that does not exceed the end of the 
granted temporary relief.

Deferred Enforced Departure (DED) Considerations

Can an F-1 nonimmigrant student re-apply or apply for a DED-related EAD 
and for benefits under this notice at the same time?

    Yes. Although they are not required to apply for a DED-related EAD, 
if an eligible F-1 nonimmigrant student wants to obtain such an EAD, 
the student must file Form I-765 and pay the related fee (or request a 
fee waiver). The F-1 student may also apply for Special Student Relief 
under this notice by requesting that the DSO notate on their Form I-20 
in SEVIS that the student has been authorized to carry a reduced course 
load and is permitted to work an increased number of hours under 
Special Student Relief while school is in session. The DSO should also 
notate on the Form I-20 that the student is working pursuant to a DED-
related EAD. As long as the F-1 nonimmigrant student maintains the 
minimum course load described in this notice, does not otherwise 
violate the student's nonimmigrant status, including as provided under 
8 CFR 214.1(g), and remains covered under DED, then the student 
maintains F-1 nonimmigrant status and DED concurrently.

When a student applies simultaneously for a DED-related EAD and 
benefits under this notice, what is the minimum course load requirement 
while an application for employment authorization is pending?

    The F-1 nonimmigrant student must maintain normal course load 
requirements for a ``full course of study'' \18\ unless or until the F-
1 nonimmigrant student is granted employment authorization under this 
notice. DED-related employment authorization, by itself, does not 
authorize a nonimmigrant student to drop below twelve credit hours, or 
otherwise applicable minimum requirements (e.g., clock hours for 
language students). Once approved for Special Student Relief employment 
authorization, the F-1 nonimmigrant student may drop below twelve 
credit hours, or otherwise applicable minimum requirements (with a 
minimum of six semester or quarter hours of instruction per academic 
term if the student is at the undergraduate level, or a minimum of 
three semester or quarter hours of instruction per academic term if the 
student is at the graduate level). See 8 CFR 214.2(f)(5)(v), 
214.2(f)(6), 214.2(f)(9)(i) and (ii).
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    \18\ See 8 CFR 214.2(f)(6).
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How does an F-1 student who has received a DED-related EAD then apply 
for authorization to take a reduced course load under this notice?

    There is no further application process with USCIS if a student has 
been approved for a DED-related EAD. However, the F-1 nonimmigrant 
student must demonstrate and provide documentation to the DSO of severe 
economic hardship as a direct result of the current crisis in Hong 
Kong. The DSO will then verify and update the student's SEVIS record to 
enable the F-1 nonimmigrant student with DED to reduce their course 
load without any further action or application. No other EAD needs to 
be issued for the F-1 nonimmigrant student to have employment 
authorization.

[[Page 28589]]

Can a noncitizen who has been granted a DED-related EAD apply for 
reinstatement to F-1 nonimmigrant student status after the noncitizen's 
F-1 nonimmigrant student status has lapsed?

    Yes. Current regulations permit certain 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 
DED-related EAD or dropped their course load before publication of this 
notice, and therefore fell out of F-1 nonimmigrant status. The student 
must satisfy the criteria set forth in the F-1 nonimmigrant student 
status reinstatement regulations.

How long will this notice remain in effect?

    This notice grants temporary relief through February 5, 2025,\19\ 
to eligible F-1 nonimmigrant students. DHS will continue to monitor the 
situation in Hong Kong. Should the special provisions authorized by 
this notice need modification or extension, DHS will announce such 
changes in the Federal Register.
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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 February 5, 2025, provided the student satisfies the minimum 
course load requirement in this notice. DHS also considers students 
who engage in online coursework pursuant to ICE COVID-19 guidance 
for nonimmigrant students to be in compliance with regulations while 
such guidance remains in effect. See ICE Guidance and Frequently 
Asked Questions on COVID-19, Nonimmigrant Students & SEVP-Certified 
Schools: Frequently Asked Questions, https://www.ice.gov/coronavirus 
(last visited Jan. 17, 2023).
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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 Hong Kong must demonstrate to the DSO that this 
employment is necessary to avoid severe economic hardship. A DSO who 
agrees that a nonimmigrant student should receive such employment 
authorization must recommend an application approval to USCIS by 
entering information in the remarks field of the student's SEVIS 
record. The authority to collect this information is in the SEVIS 
collection of information currently approved by the Office of 
Management and Budget (OMB) under OMB Control Number 1653-0038.
    This notice also allows an eligible F-1 nonimmigrant student to 
request employment authorization, work an increased number of hours 
while the academic institution is in session, and reduce their course 
load while continuing to maintain F-1 nonimmigrant student status.
    To apply for employment authorization, certain F-1 nonimmigrant 
students must complete and submit a currently approved Form I-765 
according to the instructions on the form. OMB has previously approved 
the collection of information contained on the current Form I-765, 
consistent with the PRA (OMB Control No. 1615-0040). Although there 
will be a slight increase in the number of Form I-765 filings because 
of this notice, the number of filings currently contained in the OMB 
annual inventory for Form I-765 is sufficient to cover the additional 
filings. Accordingly, there is no further action required under the 
PRA.

Alejandro Mayorkas,
Secretary, U.S. Department of Homeland Security
[FR Doc. 2023-09512 Filed 5-3-23; 8:45 am]
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