Employment Authorization for Ukrainian F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of the Current Armed Conflict in Ukraine, 56851-56857 [2023-17872]
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Federal Register / Vol. 88, No. 160 / Monday, August 21, 2023 / Notices
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1969, today’s maritime pilots have
better communications and awareness
of the locations of other vessels
navigating in the vicinity of Smith
Point. These pilots have safely
coordinated large vessel traffic despite
not being able to use the TSS as
designed.
Due to the increase in size and draft
of typical cargo vessels since the Smith
Point TSS was first identified on the
charts in 1969, depths in the northbound and south-bound vessel traffic
lanes are inadequate for modern deep
draft vessels transiting through this area
and today’s larger vessels can no longer
use the routing measure as designed.
The natural bottom contours of the Bay
provide the greatest depths in the center
of the southbound lane of the TSS. See
Figures 2 & 3 in the Figures document
in the docket. And while the Inland
Navigational Rules (eCFR, 2023) provide
that a vessel shall, so far as practicable,
avoid crossing traffic lanes, larger
inbound vessels must use the opposing
outbound lane of the Smith Point TSS
to avoid the risk of grounding. This
scenario leads to a traffic pattern
contrary to the charted routing measure
and not in accordance with Rule 10 of
the Inland Rules, which may actually
increase the risk of collisions. As the
Smith Point TSS appears to be
counterproductive today, we are seeking
public comments regarding its
continued need.
If after consideration of the comments
received we determine that the Smith
Point TSS should be removed from
nautical charts and publications, we
will then reestablish the current Smith
Point Fairway Lighted Buoy SP (LLNR
7490), which marks the turning point of
the TSS separation zone, as the Smith
Point Lighted Buoy SP, a white and red
striped Safe Water Buoy. The light will
change from yellow to white with Morse
Code ‘‘A’’ flash characteristic. We also
seek public comment from waterway
users on the Coast Guard’s plan to
change the signal and meaning of this
buoy.
III. Information Requested
If you believe there is some reason the
Smith Point TSS should be retained,
please let us know that and provide us
with your reasoning for wanting to keep
it in place. Please include comments
regarding the potential impacts of this
possible change and any other concerns
that you may have regarding the Smith
Point TSS.
IV. Public Participation and Request for
Comments
We encourage you to submit
comments in response to this
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notification of inquiry through the
Federal Decision Making portal at
https://www.regulations.gov. To do so,
go to https://www.regulations.gov, type
USCG–2023–0330 in the search box and
click ‘‘Search.’’ Next, look for this
document in the Search Results column,
and click on it. Then click on the
Comment option. In your submission,
please include the docket number for
this notification of inquiry and provide
a reason for each suggestion or
recommendation. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
To view documents mentioned in this
notification of inquiry as being available
in the docket, find the docket as
described in the previous paragraph,
and then select ‘‘Supporting & Related
Material’’ in the Document Type
column. Public comments will also be
placed in our online docket and can be
viewed by following instructions on the
https://www.regulations.gov Frequently
Asked Questions web page. We review
all comments received, but we may
choose not to post off-topic,
inappropriate, or duplicate comments
that we receive.
We accept anonymous comments.
Comments we post to https://
www.regulations.gov will include any
personal information you have
provided. For more about privacy and
submissions in response to this
document, see DHS’s eRulemaking
System of Records notice (85 FR 14226,
March 11, 2020).
We do not plan to hold a public
meeting to receive oral comments on
this notification of inquiry; however,
should the need arise, we will announce
the date, time, and location in a separate
document published in the Federal
Register. If you have signed up for
docket email alerts mentioned in the
paragraph above, you will receive an
email notice when the public meeting
notice is published and placed in the
docket.
This document is issued under
authority of 5 U.S.C. 552(a).
Dated: August 15, 2023.
Mary Ellen J. Durley,
Captain, U.S. Coast Guard, Acting
Commander, Fifth Coast Guard District.
[FR Doc. 2023–17849 Filed 8–18–23; 8:45 am]
BILLING CODE 9110–04–P
PO 00000
DEPARTMENT OF HOMELAND
SECURITY
U.S. Immigration and Customs
Enforcement
[Docket No. ICEB–2023–0003]
RIN 1653–ZA40
Employment Authorization for
Ukrainian F–1 Nonimmigrant Students
Experiencing Severe Economic
Hardship as a Direct Result of the
Current Armed Conflict in Ukraine
U.S. Immigration and Customs
Enforcement; Department of Homeland
Security.
AGENCY:
ACTION:
Notice.
This notice announces that
the Secretary of Homeland Security
(Secretary) is suspending certain
regulatory requirements for F–1
nonimmigrant students whose country
of citizenship is Ukraine, regardless of
country of birth (or individuals having
no nationality who last habitually
resided in Ukraine), and who are
experiencing severe economic hardship
as a direct result of the current armed
conflict in Ukraine. The Secretary is
taking action to provide relief to these
Ukrainian students who are in lawful F–
1 nonimmigrant student status, so the
students may request employment
authorization, work an increased
number of hours while school is in
session, and reduce their course load
while continuing to maintain their F–1
nonimmigrant student status. The U.S.
Department of Homeland Security
(DHS) will deem an F–1 nonimmigrant
student granted employment
authorization by means of this notice to
be engaged in a ‘‘full course of study’’
for the duration of the employment
authorization, if the nonimmigrant
student satisfies the minimum course
load requirement described in this
notice.
SUMMARY:
This action is effective October
20, 2023, through April 19, 2025.
DATES:
FOR FURTHER INFORMATION CONTACT:
Sharon Snyder, Unit Chief, Policy and
Response Unit, Student and Exchange
Visitor Program, MS 5600, U.S.
Immigration and Customs Enforcement,
500 12th Street SW, Washington, DC
20536–5600. email: sevp@ice.dhs.gov,
telephone: (703) 603–3400. This is not
a toll-free number. Program information
can be found at https://www.ice.gov/
sevis/.
SUPPLEMENTARY INFORMATION:
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What action is DHS taking under this
notice?
The Secretary is exercising authority
under 8 CFR 214.2(f)(9) to temporarily
suspend the applicability of certain
requirements governing on-campus and
off-campus employment for F–1
nonimmigrant students whose country
of citizenship is Ukraine regardless of
country of birth (or individuals having
no nationality who last habitually
resided in Ukraine), 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 current
armed conflict in Ukraine. The original
notice, which applied to F–1
nonimmigrant students who met certain
criteria, including having been lawfully
present in the United States in F–1
nonimmigrant status on April 19, 2022,
was effective from April 19, 2022,
through October 19, 2023. See 87 FR
23189 (Apr. 19, 2022). Effective with
this publication, suspension of the
employment limitations is available
through April 19, 2025, for those who
are in lawful F–1 nonimmigrant status
on the date of publication of this notice.
DHS will deem an F–1 nonimmigrant
student granted employment
authorization through this notice to be
engaged in a ‘‘full course of study’’ for
the duration of the employment
authorization, if the student satisfies the
minimum course load set forth in this
notice.1 See 8 CFR 214.2(f)(6)(i)(F).
Who is covered by this notice?
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This notice applies exclusively to F–
1 nonimmigrant students who meet all
of the following conditions:
(1) Are a citizen of Ukraine regardless
of country of birth (or an individual
having no nationality who last
habitually resided in Ukraine);
(2) Were lawfully present in the
United States on the date of publication
of this notice 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 enrolled in an academic
institution that is Student and Exchange
Visitor Program (SEVP)-certified for
1 Because the suspension of requirements under
this notice applies throughout an academic term
during which the suspension is in effect, DHS
considers an F–1 nonimmigrant student who
engages in a reduced course load or employment (or
both) after this notice is effective to be engaging in
a ‘‘full course of study,’’ see 8 CFR 214.2(f)(6), and
eligible for employment authorization, through the
end of any academic term for which such student
is matriculated as of April 19, 2025, provided the
student satisfies the minimum course load
requirements in this notice.
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enrollment for F–1 nonimmigrant
students;
(4) Are currently maintaining F–1
nonimmigrant status; and
(5) Are experiencing severe economic
hardship as a direct result of the current
armed conflict in Ukraine.
This notice applies to F–1
nonimmigrant students in an approved
private school in kindergarten through
grade 12, public school grades 9 through
12, and undergraduate and graduate
education. An F–1 nonimmigrant
student covered by this notice who
transfers to another SEVP-certified
academic institution remains eligible for
the relief provided by means of this
notice.
Why is DHS taking this action?
DHS is taking action to provide relief
to Ukrainian F–1 nonimmigrant
students experiencing severe economic
hardship due to the current armed
conflict in Ukraine. Based on its review
of country conditions in Ukraine and
input received from the U.S.
Department of State (DOS), DHS is
taking action to allow eligible F–1
nonimmigrant students from Ukraine 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 status.
On February 24, 2022, the
Government of the Russian Federation,
launched an unprovoked full-scale
invasion of Ukraine.2 According to the
United Nations Refugee Agency
(UNHCR), the armed conflict in Ukraine
has sparked the world’s largest human
displacement crisis in Europe since
World War II.3
More than a year later, over 17.7
million people are in need of assistance,
and more than 6.2 million refugees,
mostly women, children, and elderly
people, left Ukraine and were recorded
to be residing in cities across Europe
and beyond.4 According to the Centre
for Research & Analysis of Migration
(CReAM), over five million Ukrainians
have registered for Temporary
Protection, or similar national
2 Karl Ritter and Geir Moulson, US: Russia has
committed crimes against humanity in Ukraine, The
Associated Press (AP), Feb. 18, 2023, available at
https://apnews.com/article/us-russia-ukrainecrimes-against-humanity-harris-cee87f06cbf3fcdf37
e0bb398360c8ee (last viewed Apr. 17, 2023).
3 International Rescue Committee Watchlist 2023:
The top 10 crises the world can’t ignore in 2023,
The International Rescue Committee (IRC), Dec. 14,
2022, available at https://www.rescue.org/article/
top-10-crises-world-cant-ignore-2023 (last visited
Mar. 31, 2023).
4 Operational Data Portal: Ukraine Refugee
Situation, UNHCR, available at https://
data2.unhcr.org/en/situations/ukraine (last visited
August 8, 2023).
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protection schemes, in Europe in the
last year.5 6
Economy
The current armed conflict has
significantly impacted Ukraine’s
economic growth and has led to massive
fiscal reallocations toward defense
funding.7 Since the beginning of the
full-scale invasion, 35 percent of
Ukrainians have fled their homes. Data
from the World Bank indicates that 8
million Ukrainians now live in poverty,
reversing 15 years of development gains
and resulting in a 15-year setback in
poverty reduction goals.8 Economic
disruptions, combined with heavy
internal displacement and flows of
refugees, have caused unprecedented
economic loses, prompting President
Zelenskyy to seek additional economic
support and aid for Ukraine.9
According to the World Bank Group
Support to Ukraine Report, Ukraine’s
economy shrank by 30 percent in 2022.
This is due to loss and destruction of
infrastructure, damage to agricultural
land, and a significant labor shortage.10
The inflation rate has increased more
than threefold, from 2.73 percent in
2020 to 9.36 percent in 2021.11
In a report titled Analysis: 2022
Economic Results for Ukraine, Prospects
for 2023, by the Kyiv Post, the
unemployment rate for Ukraine was
5 Current migration flows from Ukraine, Centre
for Research & Analysis of Migration, last updated
Feb. 14, 2023, available at https://creammigration.org/ukraine-detail.htm?article=3573 (last
visited Apr. 11, 2023).
6 Ukraine Humanitarian Response—Key
Achievements in 2022 Situation Report, United
Nations Office for the Coordination of
Humanitarian Affairs (OCHA), last updated Feb. 10,
2023, available at https://reports.unocha.org/en/
country/ukraine/ (last visited Apr. 14, 2023).
7 Matt Bernardini and Darryl Coote, U.S.
announces $2.6 billion in new military aid to
Ukraine, United Press International (UPI), Apr. 4,
2023, available at https://www.upi.com/Top_News/
US/2023/04/04/Ukraine-Russia-military-aid/
4281680633050/#:∼:text=April%204%20%28UPI
%29%20--%20The%20White%20House
%20announced,of%20air-defense%20systems%2C
%20mortar%20systems%2C%20and%20antiarmor%20systems (last visited Apr. 14, 2023).
8 The World Bank in Ukraine, The World Bank,
available at https://www.worldbank.org/en/country/
ukraine/overview (last visited on Apr. 14, 2023).
9 The Latest: War in Ukraine, Zelenskyy Asks Top
Finance Officials to Increase Economic Support for
Ukraine, The New York Times, Apr. 12, 2023,
available at https://www.nytimes.com/live/2023/04/
12/world/russia-ukraine-news (last visited on Apr.
14, 2023).
10 World Bank Group Support to Ukraine report,
The World Bank, available at https://
thedocs.worldbank.org/en/doc/50b29fa867fbd7
af6fb96ed5c3dd2513-0080012023/original/WorldBank-Group-Support-to-Ukraine.pdf (last visited on
Apr. 14, 2023).
11 The World Factbook, Central Intelligence
Agency (CIA), Mar. 28, 2023, available at https://
www.cia.gov/the-world-factbook/countries/ukraine/
#economy (last visited Apr. 4, 2023).
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24.5 percent at the end of December
2022, compared to an estimated 8.9
percent in 2021. The International
Labour Organization (ILO) assessed 4.8
million jobs have been lost since the
beginning of the full-scale invasion,
which is equivalent to 30 percent of pre2022 employment in Ukraine.12 Russia’s
full-scale invasion of Ukraine has
resulted in a significant negative impact
on the Ukrainian economy and has
further slowed its growth and
development.
Impact of the Conflict on Critical
Infrastructure
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Critical infrastructure has been
negatively impacted by Russia’s fullscale invasion of Ukraine.13 Water
systems have either been damaged or
destroyed, aggravating hardship for the
local population. At least 45 million
square meters of housing, more than
1,200 educational institutions, and 656
hospitals have been destroyed and/or
damaged. Nearly 25,000 kilometers of
roads, 300 bridges, and 12 airports have
also been destroyed or damaged due to
Russian air strikes.14
According to research from the Kyiv
School of Economics, Russia’s full-scale
invasion of Ukraine has caused $108.3
billion in damage to the country’s
infrastructure, with the minimum
recovery cost estimated to be well over
$180 billion.15 Additionally, Russia’s
full-scale invasion continues to disrupt
the global supply of commodities and
has sharply increased food and energy
prices across the globe, further
challenging global economic recovery
tactics from the COVID–19 pandemic.16
12 The impact of the Ukraine crisis on the world
of work: Initial assessments, International Labour
Organization (ILO), May 11, 2022, available at
https://www.ilo.org/wcmsp5/groups/public/--europe/---ro-geneva/documents/briefingnote/wcms_
844295.pdf (last visited Apr. 11, 2023).
13 Ukraine: Russian Invasion Causing Widespread
Suffering for Civilians, Accountability for Apparent
War Crimes, Other Abuses Crucial, Human Rights
Watch (HRW), available at https://www.hrw.org/
news/2023/01/12/ukraine-russian-invasioncausing-widespread-suffering-civilians (last visited
Mar. 24, 2023).
14 PM Shmyhal: Sum of infrastructure damages
has reached $104B, Ukrinform, June 18, 2022,
available at https://www.ukrinform.net/rubriceconomy/3509806-pm-shmyhal-sum-ofinfrastructure-damages-has-reached-104b.html (last
visited Apr. 10, 2023).
15 The total amount of documented damages has
reached $108.3 billion, minimum recovery needs
for destroyed assets—$185 billion, Kyiv School of
Economics, Aug. 2, 2022, available at https://
kse.ua/about-the-school/news/the-total-amount-ofdocumented-damages-has-reached-108-3-billionminimum-recovery-needs-for-destroyed-assets-185billion/ (last visited Mar. 24, 2023).
16 Assessing the Impact of Russia’s War against
Ukraine on Eastern Partner Countries, Organisation
for Economic Cooperation and Development
(OECD), Jan. 21, 2023, available at https://
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While Ukraine continues to confront
this crisis, many persons in Ukraine
continue to have limited access to
safety, healthcare, food, water, and
economic opportunity.
Population Harmed
Since the start of Russia’s full-scale
invasion of Ukraine in 2022, the armed
conflict has significantly impacted the
civilian population.17 The Office of the
UN High Commissioner for Human
Rights (OHCHR) has recorded 22,734
civilian casualties in the country: 8,490
killed and 14,244 injured.18 OHCHR
further stated that the majority of the
recorded civilian casualties were caused
by explosive weapons with wide area
effects, including shelling from heavy
artillery, multiple launch rocket
systems, missiles, and air strikes.19 The
U.S. Department of State’s 2022 Country
Report on Human Rights Practices in
Ukraine detailed that Russia’s forces
continue to mine roads, streets, fields,
urban structures such as hospitals and
civic centers, as well as household
objects.20
The Organization for Security and Cooperation in Europe (OSCE) stated on
February 24, 2023, that the magnitude of
the destruction across Ukraine is
massive. Thousands of Ukrainians have
died, and millions have been forced to
flee their homes.
The UNOCHA (OCHA) issued the
Humanitarian Needs Overview 2023
report, which reviews the impact of
Landmines/Explosive Remnants of War
(ERW). The report concluded that an
estimated 25 percent of Ukraine’s land
area has been exposed to armed conflict
activity since February 2022. The report
also estimated that over 250,000
explosive devices have been removed
www.oecd-ilibrary.org/sites/946a936c-en/
index.html?itemId=/content/publication/946a936cen (last visited Apr. 12, 2023).
17 Ukraine: Russian Invasion Causing Widespread
Suffering for Civilians Accountability for Apparent
War Crimes, Other Abuses Crucial, Human Rights
Watch, Jan. 12, 2023, available at https://
www.hrw.org/news/2023/01/12/ukraine-russianinvasion-causing-widespread-suffering-civilians
(last visited on Apr. 17, 2023).
18 Ukraine: civilian casualty update, United
Nations Human Rights Office of High Commissioner
(OHCHR), Apr. 10, 2023, available at https://
www.ohchr.org/en/news/2023/04/ukraine-civiliancasualty-update-10-april-2023 (last visited Apr. 12,
2023).
19 Ukraine: civilian casualty update, OHCHR,
Apr. 10, 2023, available at https://www.ohchr.org/
en/news/2023/04/ukraine-civilian-casualty-update10-april-2023 (last visited Apr. 12, 2023).
20 U.S. Dep’t of State, 2022 Country Reports on
Human Rights Practices: Ukraine, available at
https://www.state.gov/reports/2022-country-reportson-human-rights-practices/ukraine/ (last visited
Apr. 12, 2023).
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and destroyed since March 2022, with
millions more yet to be removed.21
Russia’s full-scale invasion of Ukraine
continues to place civilians at
substantial risk of physical harm,
leaving many stranded or unable to flee
Ukraine due to rising violence, the
damage and destruction of bridges and
roads, and lack of resources or
information on where to find safety and
shelter.22
As of August 8, 2023, approximately
2,425 F–1 nonimmigrant students from
Ukraine are enrolled at SEVP-certified
academic institutions in the United
States. Given the extent of the current
armed conflict in Ukraine, affected
students whose primary means of
financial support comes from Ukraine
may need to be exempt from the normal
student employment requirements to
continue their studies in the United
States. The current armed conflict has
made it unfeasible for many students to
safely return to Ukraine for the
foreseeable future. Without employment
authorization, these students may lack
the means to meet basic living expenses.
What is the minimum course load
requirement to maintain valid F–1
nonimmigrant status under this notice?
Undergraduate F–1 nonimmigrant
students who receive on-campus or offcampus employment authorization
under this notice must remain registered
for a minimum of six semester or
quarter hours of instruction per
academic term. Undergraduate F–1
nonimmigrant students enrolled in a
term of different duration must register
for at least one half of the credit hours
normally required under a ‘‘full course
of study.’’ See 8 CFR 214.2(f)(6)(i)(B)
and (F). A graduate-level F–1
nonimmigrant student who receives oncampus or off-campus employment
authorization under this notice must
remain registered for a minimum of
three semester or quarter hours of
instruction per academic term. See 8
CFR 214.2(f)(5)(v). Nothing in this
notice affects the applicability of other
minimum course load requirements set
by the academic institution.
In addition, an F–1 nonimmigrant
student (either undergraduate or
graduate) granted on-campus or offcampus employment authorization
under this notice may count up to the
21 Report on the Human Rights Situation in
Ukraine, OHCHR, Mar. 24, 2023, available at
https://reliefweb.int/report/ukraine/ukrainehumanitarian-needs-overview-2023-december-2022enuk (last visited August 3, 2023).
22 War in Ukraine One Year On, Nowhere Safe,
The Armed Conflict Location & Event Data Project
(ACLED), Mar. 1, 2023, available at https://
acleddata.com/2023/03/01/war-in-ukraine-oneyear-on-nowhere-safe/ (last visited Apr. 13, 2023).
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ddrumheller on DSK120RN23PROD with NOTICES1
equivalent of one class or three credits
per session, term, semester, trimester, or
quarter of online or distance education
toward satisfying this minimum course
load requirement, unless their course of
study is in an English language study
program. 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.
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 Ukrainian citizen, regardless of
country of birth (or an individual having
no nationality who last habitually
resided in Ukraine), 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
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currently authorized for off-campus
employment), or the end date of this
notice, whichever date comes first].23
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’’ 24 for the duration of the
student’s employment authorization,
provided that a qualifying
undergraduate level F–1 nonimmigrant
student remains registered for a
minimum of six semester or quarter
hours of instruction per academic term,
and a qualifying graduate level F–1
nonimmigrant student remains
registered for a minimum of three
semester or quarter hours of instruction
per academic term. See 8 CFR
214.2(f)(5)(v) and (f)(6)(i)(F).
Undergraduate F–1 nonimmigrant
students enrolled in a term of different
duration must register for at least one
half of the credit hours normally
required under a ‘‘full course of study.’’
See 8 CFR 214.2(f)(6)(i)(B) and (F). DHS
will not require such students to apply
for reinstatement under 8 CFR
214.2(f)(16) if they are otherwise
maintaining F–1 nonimmigrant status.
Will an F–2 dependent (spouse or
minor child) of an F–1 nonimmigrant
student covered by this notice be
eligible for employment authorization?
No. An F–2 spouse or minor child of
an F–1 nonimmigrant student is not
authorized to work in the United States
and, therefore, may not accept
employment under the F–2
nonimmigrant status, consistent with 8
CFR 214.2(f)(15)(i).
23 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 April 19, 2025, provided the
student satisfies the minimum course load
requirements in this notice.
24 See 8 CFR 214.2(f)(6).
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Will the suspension of the applicability
of the standard student employment
requirements apply to an individual
who receives an initial F–1 visa and
makes an initial entry into the United
States after the effective date of this
notice in the Federal Register?
No. The suspension of the
applicability of the standard regulatory
requirements only applies to certain F–
1 nonimmigrant students who meet the
following conditions:
(1) Are a citizen of Ukraine regardless
of country of birth (or an individual
having no nationality who last
habitually resided in Ukraine);
(2) Were lawfully present in the
United States on the date of publication
of this notice 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
armed conflict in Ukraine.
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 armed conflict in
Ukraine).
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
Ukraine 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
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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 Ukraine
enrolled in an elementary school,
middle school, or high school may
benefit from the suspension of the
requirement in 8 CFR 214.2(f)(9)(i) that
limits on-campus employment to 20
hours per week while school is in
session.
On-Campus Employment Authorization
ddrumheller on DSK120RN23PROD with NOTICES1
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].25
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 armed
conflict in Ukraine. An F–1
nonimmigrant student authorized by the
25 Because the suspension of requirements under
this notice applies throughout an academic term
during which the suspension is in effect, DHS
considers an F–1 nonimmigrant student who
engages in a reduced course load or employment (or
both) after this notice is effective to be engaging in
a ‘‘full course of study,’’ see 8 CFR 214.2(f)(6), and
eligible for employment authorization, through the
end of any academic term for which such student
is matriculated as of April 19, 2025, provided the
student satisfies the minimum course load
requirements in this notice.
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Jkt 259001
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 oncampus when school is not in session or
during school vacations apply, as
described in 8 CFR 214.2(f)(9)(i).
Will an F–1 nonimmigrant student who
receives on-campus employment
authorization under this notice have
authorization to reduce the normal
course load and still maintain his or
her F–1 nonimmigrant student status?
Yes. DHS will deem an F–1
nonimmigrant student who receives oncampus employment authorization
under this notice to be engaged in a
‘‘full course of study’’ 26 for the purpose
of maintaining their F–1 nonimmigrant
student status for the duration of the oncampus employment, if the student
satisfies the minimum course load
requirement described in this notice,
consistent with 8 CFR 214.2(f)(6)(i)(F).
However, the authorization to reduce
the normal course load is solely for DHS
purposes of determining valid F–1
nonimmigrant student status. Nothing
in this notice mandates that school
officials allow an F–1 nonimmigrant
student to take a reduced course load if
the reduction would not meet the
academic institution’s minimum course
load requirement for continued
enrollment.27
Off-Campus Employment Authorization
What regulatory requirements does this
notice temporarily suspend relating to
off-campus employment?
For an F–1 nonimmigrant student
covered by this notice, as provided
under 8 CFR 214.2(f)(9)(ii)(A), the
Secretary is suspending the following
regulatory requirements relating to offcampus employment:
(a) The requirement that a student
must have been in F–1 nonimmigrant
student status for one full academic year
to be eligible for off-campus
employment;
(b) The requirement that an F–1
nonimmigrant student must
demonstrate that acceptance of
employment will not interfere with the
student’s carrying a full course of study;
(c) The requirement that limits an F–
1 nonimmigrant student’s employment
authorization to no more than 20 hours
per week of off-campus employment
while the school is in session; and
(d) The requirement that the student
demonstrate that employment under 8
CFR 214.2(f)(9)(i) is unavailable or
otherwise insufficient to meet the needs
that have arisen as a result of the
unforeseen circumstances.
Will an F–1 nonimmigrant student who
receives off-campus employment
authorization under this notice have
authorization to reduce the normal
course load and still maintain F–1
nonimmigrant status?
Yes. DHS will deem an F–1
nonimmigrant student who receives offcampus employment authorization by
means of this notice to be engaged in a
‘‘full course of study’’ 28 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). 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.29
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 armed conflict in Ukraine.30
Filing instructions are located at https://
www.uscis.gov/i-765.
Fee considerations. Submission of a
Form I–765 currently requires payment
of a $410 fee. An applicant who is
unable to pay the fee may submit a
completed Form I–912, Request for Fee
Waiver, along with the Form I–765,
Application for Employment
Authorization. See https://
www.uscis.gov/forms/filing-fees/
additional-information-on-filing-a-fee28 See
26 See
8 CFR 214.2(f)(6).
27 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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56855
8 CFR 214.2(f)(6).
course load requirement for
enrollment in a school must be established in a
publicly available document (e.g., catalog, website,
or operating procedure), and it must be a standard
applicable to all students (U.S. citizens and foreign
students) enrolled at the school.
30 See 8 CFR 274a.12(c)(3)(iii).
29 Minimum
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waiver. 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 offcampus employment authorization due
to severe economic hardship must
demonstrate the following to their DSO:
(1) This employment is necessary to
avoid severe economic hardship; and
(2) The hardship is a direct result of
the current armed conflict in Ukraine.
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].31
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’’ 32 at the
time of the request for employment
authorization;
(b) The F–1 nonimmigrant student is
a citizen of Ukraine, regardless of
country of birth (or an individual having
no nationality who last habitually
resided in Ukraine), and is experiencing
severe economic hardship as a direct
result of the current armed conflict in
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 April 19, 2025, provided the
student satisfies the minimum course load
requirements in this notice.
32 See 8 CFR 214.2(f)(6).
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18:17 Aug 18, 2023
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Ukraine, 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,33 and
(d) The off-campus employment is
necessary to alleviate severe economic
hardship to the individual as a direct
result of the current armed conflict in
Ukraine.
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) (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.’’ 34 Failure to
include this notation may result in
significant processing delays.
If USCIS approves the student’s Form
I–765, USCIS will send the student a
Form I–766 EAD as evidence of
employment authorization. The EAD
will contain an expiration date that does
not exceed the end of the granted
temporary relief.
Temporary Protected Status (TPS)
Considerations
Can an F–1 nonimmigrant student apply
for TPS and for benefits under this
notice at the same time?
Yes. An F–1 nonimmigrant student
who has not yet applied for TPS or for
other relief that reduces the student’s
course load per term and permits an
increased number of work hours per
33 8
CFR 214.2(f)(5)(v).
for direct filing addresses can be
found here:https://www.uscis.gov/i-765-addresses.
34 Guidance
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week, such as Special Student Relief,35
under this notice has two options.
Under the first option, the F–1
nonimmigrant student may apply for
TPS according to the instructions in the
USCIS notice designating Ukraine 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 April 19, 2025, and to be
eligible for automatic EAD extensions
that may be available to certain EADs
with an A–12 or C–19 category code,
they must file Form I–765 and pay the
Form I–765 fee (or request a fee waiver).
After receiving the TPS-related EAD, an
F–1 nonimmigrant student may request
that their DSO make the required entry
in SEVIS and issue an updated Form I–
20, which notates that the
nonimmigrant student has been
authorized to carry a reduced course
load, as described in this notice. As long
as the F–1 nonimmigrant student
maintains the minimum course load
described in this notice, does not
otherwise violate their nonimmigrant
status, including as provided under 8
CFR 214.1(g), and maintains TPS, then
the student maintains F–1 status and
TPS concurrently.
Under the second option, the F–1
nonimmigrant student may apply for an
EAD under Special Student Relief by
filing Form I–765 with the location
specified in the filing instructions. At
the same time, the F–1 nonimmigrant
student may file a separate TPS
application but must submit the Form I–
821 according to the instructions
provided in the Federal Register notice
designating Ukraine 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 that are not available to the C–3
category under which Special Student
Relief falls. The F–1 nonimmigrant
student should check the appropriate
box when filling out Form I–821 to
indicate whether a TPS-related EAD is
being requested. Again, so long as the
F–1 nonimmigrant student maintains
the minimum course load described in
35 See DHS Study in the States, Special Student
Relief, https://studyinthestates.dhs.gov/students/
special-student-relief (last visited May 10, 2023).
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this notice and does not otherwise
violate the student’s nonimmigrant
status, included as provided under 8
CFR 214.1(g), the nonimmigrant will be
able to maintain compliance
requirements for F–1 nonimmigrant
student status while having TPS.
When a student applies simultaneously
for TPS and benefits under this notice,
what is the minimum course load
requirement while an application for
employment authorization is pending?
The F–1 nonimmigrant student must
maintain normal course load
requirements for a ‘‘full course of
study’’ 36 unless or until the
nonimmigrant student receives
employment authorization under this
notice. TPS-related employment
authorization, by itself, does not
authorize a nonimmigrant student to
drop below twelve credit hours, or
otherwise applicable minimum
requirements (e.g., clock hours for nontraditional academic programs). Once
approved for a TPS-related EAD and
Special Student Relief employment
authorization, as indicated by the DSO’s
required entry in SEVIS and issuance of
an updated Form I–20 , 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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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 armed conflict in Ukraine. 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.
36 See
8 CFR 214.2(f)(6).
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56857
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 may apply
to students who worked on a TPSrelated EAD or dropped their course
load before publication of this notice,
and therefore fell out of student status.
These students must satisfy the criteria
set forth in the F–1 nonimmigrant
student status reinstatement regulations.
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.
How long will this notice remain in
effect?
This notice grants temporary relief
until April 19, 2025,37 to eligible F–1
nonimmigrant students. DHS will
continue to monitor the situation in
Ukraine. Should the special provisions
authorized by this notice need
modification or extension, DHS will
announce such changes in the Federal
Register.
Alejandro Mayorkas,
Secretary, U.S. Department of Homeland
Security.
Paperwork Reduction Act (PRA)
An F–1 nonimmigrant student seeking
off-campus employment authorization
due to severe economic hardship
resulting from the current armed
conflict in Ukraine 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.
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 April 19, 2025, provided the
student satisfies the minimum course load
requirements in this notice.
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[FR Doc. 2023–17872 Filed 8–18–23; 8:45 am]
BILLING CODE 9111–28–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Immigration and Customs
Enforcement
[Docket No. ICEB–2023–0004]
RIN 1653–ZA39
Employment Authorization for
Sudanese F–1 Nonimmigrant Students
Experiencing Severe Economic
Hardship as a Direct Result of the
Current Crisis in Sudan
U.S. Immigration and Customs
Enforcement; Department of Homeland
Security.
ACTION: Notice.
AGENCY:
This notice announces that
the Secretary of Homeland Security
(Secretary) is suspending certain
regulatory requirements for F–1
nonimmigrant students whose country
of citizenship is Sudan, regardless of
country of birth (or individuals having
no nationality who last habitually
resided in Sudan), and who are
experiencing severe economic hardship
as a direct result of the current crisis in
Sudan. The Secretary is taking action to
provide relief to these Sudanese
students who are in lawful F–1
nonimmigrant student status, so the
students may request employment
authorization, work an increased
number of hours while school is in
session, and reduce their course load
while continuing to maintain their F–1
nonimmigrant student status. The U.S.
Department of Homeland Security
(DHS) will deem an F–1 nonimmigrant
student granted employment
authorization by means of this notice to
SUMMARY:
E:\FR\FM\21AUN1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 160 (Monday, August 21, 2023)]
[Notices]
[Pages 56851-56857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17872]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Immigration and Customs Enforcement
[Docket No. ICEB-2023-0003]
RIN 1653-ZA40
Employment Authorization for Ukrainian F-1 Nonimmigrant Students
Experiencing Severe Economic Hardship as a Direct Result of the Current
Armed Conflict in Ukraine
AGENCY: U.S. Immigration and Customs Enforcement; Department of
Homeland Security.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice announces that the Secretary of Homeland Security
(Secretary) is suspending certain regulatory requirements for F-1
nonimmigrant students whose country of citizenship is Ukraine,
regardless of country of birth (or individuals having no nationality
who last habitually resided in Ukraine), and who are experiencing
severe economic hardship as a direct result of the current armed
conflict in Ukraine. The Secretary is taking action to provide relief
to these Ukrainian students who are in lawful F-1 nonimmigrant student
status, so the students may request employment authorization, work an
increased number of hours while school is in session, and reduce their
course load while continuing to maintain their F-1 nonimmigrant student
status. The U.S. Department of Homeland Security (DHS) will deem an F-1
nonimmigrant student 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 October 20, 2023, through April 19,
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:
[[Page 56852]]
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 Ukraine regardless of country of birth (or
individuals having no nationality who last habitually resided in
Ukraine), 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
current armed conflict in Ukraine. The original notice, which applied
to F-1 nonimmigrant students who met certain criteria, including having
been lawfully present in the United States in F-1 nonimmigrant status
on April 19, 2022, was effective from April 19, 2022, through October
19, 2023. See 87 FR 23189 (Apr. 19, 2022). Effective with this
publication, suspension of the employment limitations is available
through April 19, 2025, for those who are in lawful F-1 nonimmigrant
status on the date of publication of this notice. DHS will deem an F-1
nonimmigrant student granted employment authorization through this
notice to be engaged in a ``full course of study'' for the duration of
the employment authorization, if the student satisfies the minimum
course load set forth in this notice.\1\ See 8 CFR 214.2(f)(6)(i)(F).
---------------------------------------------------------------------------
\1\ Because the suspension of requirements under this notice
applies throughout an academic term during which the suspension is
in effect, DHS considers an F-1 nonimmigrant student who engages in
a reduced course load or employment (or both) after this notice is
effective to be engaging in a ``full course of study,'' see 8 CFR
214.2(f)(6), and eligible for employment authorization, through the
end of any academic term for which such student is matriculated as
of April 19, 2025, provided the student satisfies the minimum course
load requirements in this notice.
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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 a citizen of Ukraine regardless of country of birth (or an
individual having no nationality who last habitually resided in
Ukraine);
(2) Were lawfully present in the United States on the date of
publication of this notice 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 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 armed conflict in Ukraine.
This notice applies to F-1 nonimmigrant students in an approved
private school in kindergarten through grade 12, public school grades 9
through 12, and undergraduate and graduate education. An F-1
nonimmigrant student covered by this notice who transfers to another
SEVP-certified academic institution remains eligible for the relief
provided by means of this notice.
Why is DHS taking this action?
DHS is taking action to provide relief to Ukrainian F-1
nonimmigrant students experiencing severe economic hardship due to the
current armed conflict in Ukraine. Based on its review of country
conditions in Ukraine and input received from the U.S. Department of
State (DOS), DHS is taking action to allow eligible F-1 nonimmigrant
students from Ukraine 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 status.
On February 24, 2022, the Government of the Russian Federation,
launched an unprovoked full-scale invasion of Ukraine.\2\ According to
the United Nations Refugee Agency (UNHCR), the armed conflict in
Ukraine has sparked the world's largest human displacement crisis in
Europe since World War II.\3\
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\2\ Karl Ritter and Geir Moulson, US: Russia has committed
crimes against humanity in Ukraine, The Associated Press (AP), Feb.
18, 2023, available at https://apnews.com/article/us-russia-ukraine-crimes-against-humanity-harris-cee87f06cbf3fcdf37e0bb398360c8ee
(last viewed Apr. 17, 2023).
\3\ International Rescue Committee Watchlist 2023: The top 10
crises the world can't ignore in 2023, The International Rescue
Committee (IRC), Dec. 14, 2022, available at https://www.rescue.org/article/top-10-crises-world-cant-ignore-2023 (last visited Mar. 31,
2023).
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More than a year later, over 17.7 million people are in need of
assistance, and more than 6.2 million refugees, mostly women, children,
and elderly people, left Ukraine and were recorded to be residing in
cities across Europe and beyond.\4\ According to the Centre for
Research & Analysis of Migration (CReAM), over five million Ukrainians
have registered for Temporary Protection, or similar national
protection schemes, in Europe in the last year.5 6
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\4\ Operational Data Portal: Ukraine Refugee Situation, UNHCR,
available at https://data2.unhcr.org/en/situations/ukraine (last
visited August 8, 2023).
\5\ Current migration flows from Ukraine, Centre for Research &
Analysis of Migration, last updated Feb. 14, 2023, available at
https://cream-migration.org/ukraine-detail.htm?article=3573 (last
visited Apr. 11, 2023).
\6\ Ukraine Humanitarian Response--Key Achievements in 2022
Situation Report, United Nations Office for the Coordination of
Humanitarian Affairs (OCHA), last updated Feb. 10, 2023, available
at https://reports.unocha.org/en/country/ukraine/ (last visited Apr.
14, 2023).
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Economy
The current armed conflict has significantly impacted Ukraine's
economic growth and has led to massive fiscal reallocations toward
defense funding.\7\ Since the beginning of the full-scale invasion, 35
percent of Ukrainians have fled their homes. Data from the World Bank
indicates that 8 million Ukrainians now live in poverty, reversing 15
years of development gains and resulting in a 15-year setback in
poverty reduction goals.\8\ Economic disruptions, combined with heavy
internal displacement and flows of refugees, have caused unprecedented
economic loses, prompting President Zelenskyy to seek additional
economic support and aid for Ukraine.\9\
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\7\ Matt Bernardini and Darryl Coote, U.S. announces $2.6
billion in new military aid to Ukraine, United Press International
(UPI), Apr. 4, 2023, available at https://www.upi.com/Top_News/US/
2023/04/04/Ukraine-Russia-military-aid/4281680633050/
#:~:text=April%204%20%28UPI%29%20--
%20The%20White%20House%20announced,of%20air-
defense%20systems%2C%20mortar%20systems%2C%20and%20anti-
armor%20systems (last visited Apr. 14, 2023).
\8\ The World Bank in Ukraine, The World Bank, available at
https://www.worldbank.org/en/country/ukraine/overview (last visited
on Apr. 14, 2023).
\9\ The Latest: War in Ukraine, Zelenskyy Asks Top Finance
Officials to Increase Economic Support for Ukraine, The New York
Times, Apr. 12, 2023, available at https://www.nytimes.com/live/2023/04/12/world/russia-ukraine-news (last visited on Apr. 14,
2023).
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According to the World Bank Group Support to Ukraine Report,
Ukraine's economy shrank by 30 percent in 2022. This is due to loss and
destruction of infrastructure, damage to agricultural land, and a
significant labor shortage.\10\ The inflation rate has increased more
than threefold, from 2.73 percent in 2020 to 9.36 percent in 2021.\11\
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\10\ World Bank Group Support to Ukraine report, The World Bank,
available at https://thedocs.worldbank.org/en/doc/50b29fa867fbd7af6fb96ed5c3dd2513-0080012023/original/World-Bank-Group-Support-to-Ukraine.pdf (last visited on Apr. 14, 2023).
\11\ The World Factbook, Central Intelligence Agency (CIA), Mar.
28, 2023, available at https://www.cia.gov/the-world-factbook/countries/ukraine/#economy (last visited Apr. 4, 2023).
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In a report titled Analysis: 2022 Economic Results for Ukraine,
Prospects for 2023, by the Kyiv Post, the unemployment rate for Ukraine
was
[[Page 56853]]
24.5 percent at the end of December 2022, compared to an estimated 8.9
percent in 2021. The International Labour Organization (ILO) assessed
4.8 million jobs have been lost since the beginning of the full-scale
invasion, which is equivalent to 30 percent of pre-2022 employment in
Ukraine.\12\ Russia's full-scale invasion of Ukraine has resulted in a
significant negative impact on the Ukrainian economy and has further
slowed its growth and development.
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\12\ The impact of the Ukraine crisis on the world of work:
Initial assessments, International Labour Organization (ILO), May
11, 2022, available at https://www.ilo.org/wcmsp5/groups/public/_-
europe/_-ro-geneva/documents/briefingnote/wcms_844295.pdf (last
visited Apr. 11, 2023).
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Impact of the Conflict on Critical Infrastructure
Critical infrastructure has been negatively impacted by Russia's
full-scale invasion of Ukraine.\13\ Water systems have either been
damaged or destroyed, aggravating hardship for the local population. At
least 45 million square meters of housing, more than 1,200 educational
institutions, and 656 hospitals have been destroyed and/or damaged.
Nearly 25,000 kilometers of roads, 300 bridges, and 12 airports have
also been destroyed or damaged due to Russian air strikes.\14\
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\13\ Ukraine: Russian Invasion Causing Widespread Suffering for
Civilians, Accountability for Apparent War Crimes, Other Abuses
Crucial, Human Rights Watch (HRW), available at https://www.hrw.org/news/2023/01/12/ukraine-russian-invasion-causing-widespread-suffering-civilians (last visited Mar. 24, 2023).
\14\ PM Shmyhal: Sum of infrastructure damages has reached
$104B, Ukrinform, June 18, 2022, available at https://www.ukrinform.net/rubric-economy/3509806-pm-shmyhal-sum-of-infrastructure-damages-has-reached-104b.html (last visited Apr. 10,
2023).
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According to research from the Kyiv School of Economics, Russia's
full-scale invasion of Ukraine has caused $108.3 billion in damage to
the country's infrastructure, with the minimum recovery cost estimated
to be well over $180 billion.\15\ Additionally, Russia's full-scale
invasion continues to disrupt the global supply of commodities and has
sharply increased food and energy prices across the globe, further
challenging global economic recovery tactics from the COVID-19
pandemic.\16\ While Ukraine continues to confront this crisis, many
persons in Ukraine continue to have limited access to safety,
healthcare, food, water, and economic opportunity.
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\15\ The total amount of documented damages has reached $108.3
billion, minimum recovery needs for destroyed assets--$185 billion,
Kyiv School of Economics, Aug. 2, 2022, available at https://kse.ua/about-the-school/news/the-total-amount-of-documented-damages-has-reached-108-3-billion-minimum-recovery-needs-for-destroyed-assets-185-billion/ (last visited Mar. 24, 2023).
\16\ Assessing the Impact of Russia's War against Ukraine on
Eastern Partner Countries, Organisation for Economic Cooperation and
Development (OECD), Jan. 21, 2023, available at https://www.oecd-ilibrary.org/sites/946a936c-en/?itemId=/content/publication/946a936c-en (last visited Apr. 12, 2023).
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Population Harmed
Since the start of Russia's full-scale invasion of Ukraine in 2022,
the armed conflict has significantly impacted the civilian
population.\17\ The Office of the UN High Commissioner for Human Rights
(OHCHR) has recorded 22,734 civilian casualties in the country: 8,490
killed and 14,244 injured.\18\ OHCHR further stated that the majority
of the recorded civilian casualties were caused by explosive weapons
with wide area effects, including shelling from heavy artillery,
multiple launch rocket systems, missiles, and air strikes.\19\ The U.S.
Department of State's 2022 Country Report on Human Rights Practices in
Ukraine detailed that Russia's forces continue to mine roads, streets,
fields, urban structures such as hospitals and civic centers, as well
as household objects.\20\
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\17\ Ukraine: Russian Invasion Causing Widespread Suffering for
Civilians Accountability for Apparent War Crimes, Other Abuses
Crucial, Human Rights Watch, Jan. 12, 2023, available at https://www.hrw.org/news/2023/01/12/ukraine-russian-invasion-causing-widespread-suffering-civilians (last visited on Apr. 17, 2023).
\18\ Ukraine: civilian casualty update, United Nations Human
Rights Office of High Commissioner (OHCHR), Apr. 10, 2023, available
at https://www.ohchr.org/en/news/2023/04/ukraine-civilian-casualty-update-10-april-2023 (last visited Apr. 12, 2023).
\19\ Ukraine: civilian casualty update, OHCHR, Apr. 10, 2023,
available at https://www.ohchr.org/en/news/2023/04/ukraine-civilian-casualty-update-10-april-2023 (last visited Apr. 12, 2023).
\20\ U.S. Dep't of State, 2022 Country Reports on Human Rights
Practices: Ukraine, available at https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/ukraine/ (last visited
Apr. 12, 2023).
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The Organization for Security and Co-operation in Europe (OSCE)
stated on February 24, 2023, that the magnitude of the destruction
across Ukraine is massive. Thousands of Ukrainians have died, and
millions have been forced to flee their homes.
The UNOCHA (OCHA) issued the Humanitarian Needs Overview 2023
report, which reviews the impact of Landmines/Explosive Remnants of War
(ERW). The report concluded that an estimated 25 percent of Ukraine's
land area has been exposed to armed conflict activity since February
2022. The report also estimated that over 250,000 explosive devices
have been removed and destroyed since March 2022, with millions more
yet to be removed.\21\
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\21\ Report on the Human Rights Situation in Ukraine, OHCHR,
Mar. 24, 2023, available at https://reliefweb.int/report/ukraine/ukraine-humanitarian-needs-overview-2023-december-2022-enuk (last
visited August 3, 2023).
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Russia's full-scale invasion of Ukraine continues to place
civilians at substantial risk of physical harm, leaving many stranded
or unable to flee Ukraine due to rising violence, the damage and
destruction of bridges and roads, and lack of resources or information
on where to find safety and shelter.\22\
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\22\ War in Ukraine One Year On, Nowhere Safe, The Armed
Conflict Location & Event Data Project (ACLED), Mar. 1, 2023,
available at https://acleddata.com/2023/03/01/war-in-ukraine-one-year-on-nowhere-safe/ (last visited Apr. 13, 2023).
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As of August 8, 2023, approximately 2,425 F-1 nonimmigrant students
from Ukraine are enrolled at SEVP-certified academic institutions in
the United States. Given the extent of the current armed conflict in
Ukraine, affected students whose primary means of financial support
comes from Ukraine may need to be exempt from the normal student
employment requirements to continue their studies in the United States.
The current armed conflict has made it unfeasible for many students to
safely return to Ukraine 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
[[Page 56854]]
equivalent of one class or three credits per session, term, semester,
trimester, or quarter of online or distance education toward satisfying
this minimum course load requirement, unless their course of study is
in an English language study program. 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.
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 Ukrainian citizen,
regardless of country of birth (or an individual having no nationality
who last habitually resided in Ukraine), 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].\23\
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\23\ 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 April 19, 2025, 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'' \24\ 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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\24\ 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 meet
the following conditions:
(1) Are a citizen of Ukraine regardless of country of birth (or an
individual having no nationality who last habitually resided in
Ukraine);
(2) Were lawfully present in the United States on the date of
publication of this notice 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 armed conflict in Ukraine.
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 armed conflict in
Ukraine).
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 Ukraine 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
[[Page 56855]]
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 Ukraine enrolled in an elementary school, middle school,
or high school may benefit from the suspension of the requirement in 8
CFR 214.2(f)(9)(i) that limits on-campus employment to 20 hours per
week while school is in session.
On-Campus Employment Authorization
Will an F-1 nonimmigrant student who receives on-campus employment
authorization under this notice be authorized to work more than 20
hours per week while school is in session?
Yes. For an F-1 nonimmigrant student covered in this notice, the
Secretary is suspending the applicability of the requirement in 8 CFR
214.2(f)(9)(i) that limits an F-1 nonimmigrant student's on-campus
employment to 20 hours per week while school is in session. An eligible
F-1 nonimmigrant student has authorization to work more than 20 hours
per week while school is in session if the DSO has entered the
following statement in the remarks field of the student's SEVIS record,
which will be reflected on the student's Form I-20:
Approved for more than 20 hours per week of on-campus employment
and reduced course load, under the Special Student Relief authorization
from [DSO must insert the beginning date of this notice or the
beginning date of the student's employment, whichever date is later]
until [DSO must insert the student's program end date or the end date
of this notice, whichever date comes first].\25\
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\25\ Because the suspension of requirements under this notice
applies throughout an academic term during which the suspension is
in effect, DHS considers an F-1 nonimmigrant student who engages in
a reduced course load or employment (or both) after this notice is
effective to be engaging in a ``full course of study,'' see 8 CFR
214.2(f)(6), and eligible for employment authorization, through the
end of any academic term for which such student is matriculated as
of April 19, 2025, provided the student satisfies the minimum course
load requirements in this notice.
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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
armed conflict in Ukraine. 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'' \26\ 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.\27\
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\26\ See 8 CFR 214.2(f)(6).
\27\ 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'' \28\ 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). 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.\29\
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\28\ See 8 CFR 214.2(f)(6).
\29\ 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 armed conflict in Ukraine.\30\ Filing instructions are
located at https://www.uscis.gov/i-765.
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\30\ 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 https://
www.uscis.gov/forms/filing-fees/additional-information-on-filing-a-fee-
[[Page 56856]]
waiver. 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:
(1) This employment is necessary to avoid severe economic hardship;
and
(2) The hardship is a direct result of the current armed conflict
in Ukraine.
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].\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 April 19, 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'' \32\ at the time of the request
for employment authorization;
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\32\ See 8 CFR 214.2(f)(6).
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(b) The F-1 nonimmigrant student is a citizen of Ukraine,
regardless of country of birth (or an individual having no nationality
who last habitually resided in Ukraine), and is experiencing severe
economic hardship as a direct result of the current armed conflict in
Ukraine, 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,\33\ and
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\33\ 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
armed conflict in Ukraine.
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) (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.'' \34\ Failure to include this notation may
result in significant processing delays.
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\34\ 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.
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,\35\ under this notice has two options.
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\35\ See DHS Study in the States, Special Student Relief,
https://studyinthestates.dhs.gov/students/special-student-relief
(last visited May 10, 2023).
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Under the first option, the F-1 nonimmigrant student may apply for
TPS according to the instructions in the USCIS notice designating
Ukraine 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 April 19, 2025, and
to be eligible for automatic EAD extensions that may be available to
certain EADs with an A-12 or C-19 category code, they must file Form I-
765 and pay the Form I-765 fee (or request a fee waiver). After
receiving the TPS-related EAD, an F-1 nonimmigrant student may request
that their DSO make the required entry in SEVIS and issue an updated
Form I-20, which notates that the nonimmigrant student has been
authorized to carry a reduced course load, as described in this notice.
As long as the F-1 nonimmigrant student maintains the minimum course
load described in this notice, does not otherwise violate their
nonimmigrant status, including as provided under 8 CFR 214.1(g), and
maintains TPS, then the student maintains F-1 status and TPS
concurrently.
Under the second option, the F-1 nonimmigrant student may apply for
an EAD under Special Student Relief by filing Form I-765 with the
location specified in the filing instructions. At the same time, the F-
1 nonimmigrant student may file a separate TPS application but must
submit the Form I-821 according to the instructions provided in the
Federal Register notice designating Ukraine 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 that are not available to the C-3 category under which Special
Student Relief falls. The F-1 nonimmigrant student should check the
appropriate box when filling out Form I-821 to indicate whether a TPS-
related EAD is being requested. Again, so long as the F-1 nonimmigrant
student maintains the minimum course load described in
[[Page 56857]]
this notice and does not otherwise violate the student's nonimmigrant
status, included as provided under 8 CFR 214.1(g), the nonimmigrant
will be able to maintain compliance requirements for F-1 nonimmigrant
student status while having TPS.
When a student applies simultaneously for TPS and benefits under this
notice, what is the minimum course load requirement while an
application for employment authorization is pending?
The F-1 nonimmigrant student must maintain normal course load
requirements for a ``full course of study'' \36\ 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 a TPS-related EAD and
Special Student Relief employment authorization, as indicated by the
DSO's required entry in SEVIS and issuance of an updated Form I-20 ,
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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\36\ 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 armed conflict in Ukraine. 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 may apply to students who worked on a TPS-
related EAD or dropped their course load before publication of this
notice, and therefore fell out of student status. These students must
satisfy the criteria set forth in the F-1 nonimmigrant student status
reinstatement regulations.
How long will this notice remain in effect?
This notice grants temporary relief until April 19, 2025,\37\ to
eligible F-1 nonimmigrant students. DHS will continue to monitor the
situation in Ukraine. 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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\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 April 19, 2025, provided the student satisfies the minimum course
load requirements in this notice.
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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 armed conflict in Ukraine 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. 2023-17872 Filed 8-18-23; 8:45 am]
BILLING CODE 9111-28-P
