Employment Authorization for Afghan F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of the Current Armed Conflict and Current Humanitarian Crisis in Afghanistan, 65721-65728 [2023-20789]

Agencies

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

[Federal Register Volume 88, Number 184 (Monday, September 25, 2023)]
[Notices]
[Pages 65721-65728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20789]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Immigration and Customs Enforcement

[Docket No. ICEB-2023-0006]
RIN 1653-ZA42


Employment Authorization for Afghan F-1 Nonimmigrant Students 
Experiencing Severe Economic Hardship as a Direct Result of the Current 
Armed Conflict and Current Humanitarian Crisis in Afghanistan

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

ACTION: Notice.

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SUMMARY: This notice announces that the Secretary of Homeland Security 
(Secretary) is suspending certain regulatory requirements for F-1 
nonimmigrant students whose country of citizenship is Afghanistan, 
regardless of country of birth (or individuals having no nationality 
who last habitually resided in Afghanistan), and who are experiencing 
severe economic hardship as a direct result of the current armed 
conflict and current humanitarian crisis in Afghanistan. The Secretary 
is taking action to provide relief to these Afghan students who are in 
lawful F-1 nonimmigrant students 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.

[[Page 65722]]


DATES: This action is effective November 21, 2023, through May 20, 
2025.

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

SUPPLEMENTARY INFORMATION: 

What action is DHS taking under this notice?

    The Secretary is exercising 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 Afghanistan regardless of country of birth 
(or individuals having no nationality who last habitually resided in 
Afghanistan), who are present in the United States in lawful F-1 
nonimmigrant student status on the date of publication of this notice, 
and who are experiencing severe economic hardship as a direct result of 
the armed conflict and humanitarian crisis in Afghanistan. The original 
notice, which suspended certain regulatory requirements for
    F-1 nonimmigrant students experiencing severe economic hardship as 
a direct result of the situation at that time is effective from May 20, 
2022, through November 20, 2023. See 87 FR 30971 (May 20, 2022). 
Effective with this publication, suspension of the employment 
limitations is available through May 20, 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).
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    \1\ Because the suspension of requirements under this notice 
applies throughout an academic term during which the suspension is 
in effect, DHS considers an F-1 nonimmigrant student who engages in 
a reduced course load or employment (or both) after this notice is 
effective to be engaging in a ``full course of study,'' see 8 CFR 
214.2(f)(6), and eligible for employment authorization, through the 
end of any academic term for which such student is matriculated as 
of May 20, 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 Afghanistan regardless of country of birth (or 
an individual having no nationality who last habitually resided in 
Afghanistan);
    (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 and current humanitarian crisis in 
Afghanistan.
    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 Afghan F-1 nonimmigrant 
students experiencing severe economic hardship due to the armed 
conflict and humanitarian crisis in Afghanistan. Based on its review of 
country conditions in Afghanistan and input received from the U.S. 
Department of State (DOS), DHS is taking action to allow eligible F-1 
nonimmigrant students from Afghanistan to request employment 
authorization, work an increased number of hours while school is in 
session, and reduce their course load while continuing to maintain F-1 
nonimmigrant student status.
    Since the August 2021 Taliban takeover, armed conflict, as well as 
violence against Afghans associated with international efforts in 
Afghanistan, has continued throughout Afghanistan.\2\ The U.S. 
Department of State describes ongoing human rights abuses, widespread 
disregard for law, and a climate of fear of retribution against those 
who are perceived to oppose the Taliban regime.\3\ The Taliban do not 
respect human rights, especially of Afghan women and girls, and 
struggle to meet the country's numerous challenges including the 
economic situation.\4\ The World Bank described the situation in 
Afghanistan as grim, finding significant instability in food security, 
healthcare, and general welfare for women and girls.\5\ Ongoing armed 
conflict poses a serious threat to the safety of nationals returning to 
Afghanistan. Extraordinary and temporary conditions, including lack of 
access to food, clean water, and healthcare, as well as destroyed 
infrastructure, internal displacement, and economic instability 
continue to prevent Afghan nationals from returning to their homeland 
in safety.
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    \2\ U.S. Department of State, 2022 Country Report on Human 
Rights Practices: Afghanistan, Mar. 20, 2023, available at: https://www.state.gov/wp-content/uploads/2023/03/415610_AFGHANISTAN-2022-HUMAN-RIGHTS-REPORT.pdf (last visited Aug. 25, 2023).
    \3\ U.S. Department of State, 2022 Country Report on Human 
Rights Practices: Afghanistan, Mar. 20, 2023, available at: https://www.state.gov/wp-content/uploads/2023/03/415610_AFGHANISTAN-2022-HUMAN-RIGHTS-REPORT.pdf (last visited Aug. 25, 2023).
    \4\ Lindsay Maizland, The Taliban in Afghanistan, Council on 
Foreign Relations (CFR), Jan. 19, 2023, available at: https://www.cfr.org/backgrounder/taliban-afghanistan (last visited May 5, 
2023).
    \5\ The World Bank, World Bank Survey: Living Conditions Remain 
Dire for the Afghan People, Nov. 22, 2022, available at: https://www.worldbank.org/en/news/press-release/2022/11/22/world-bank-survey-living-conditions-remain-dire-for-the-afghan-people (last 
visited June 8, 2023).
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Scale and Impact of Conflict

    While overall armed conflict has decreased since the Taliban 
takeover, armed conflict continues by the Taliban and the Islamic State 
in Khorasan Province (ISKP) against the general population 
persists.6 7 Since the Taliban takeover, the Taliban have 
struggled to stabilize Afghanistan. They imposed their interpretation 
of sharia law, enacted harsh punishments against the population, and 
undermined the enjoyment of human rights.\8\ ISKP is a U.S. designated 
terrorist group and transnational affiliate of the Islamic State 
militant group that seeks to control Central and South Asia to 
establish a caliphate.\9\ It is engaged in armed

[[Page 65723]]

conflict with the Taliban, and continues to conduct attacks against 
Taliban fighters, civilians, and protected sites, including 
mosques.\10\ The Taliban continue to fight ISKP in the east and north 
.11 12 ISKP, an Islamic State affiliate active since 
approximately 2014, continues to pose a risk to security and safety in 
Afghanistan.\13\ Beginning in August 2021, ISKP began rejecting Taliban 
legitimacy and escalated attacks against them across the country.\14\ 
In mid-2022, ISKP conducted multiple attacks on primarily civilian 
targets in Kunduz and Mazar-i-Sharif.\15\ Within Afghanistan, ISKP 
attacks are mostly aimed at Taliban targets and minority groups, 
especially Hazaras.16 17 While ISKP does not control 
territory in Afghanistan, their recent escalation of attacks 
contributes to the ongoing security crisis in the country.\18\
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    \6\ International Crisis Group, Afghanistan's Security 
Challenges under the Taliban, Aug. 12, 2022, available at: https://www.crisisgroup.org/asia/south-asia/afghanistan/afghanistans-security-challenges-under-taliban (last visited May 6, 2023).
    \7\ Human Rights Watch, World Report 2023--Afghanistan, Jan. 12, 
2023, available at: https://www.ecoi.net/en/document/2085369.html 
(last visited June 8, 2023).
    \8\ Amnesty International, Amnesty International Report 2022/23, 
The State of the World's Human Rights, Afghanistan 2022, Mar. 27, 
2023, available at: https://www.ecoi.net/en/document/2089394.html 
(last visited June 9, 2023).
    \9\ Countering a Resurgent Terrorist Threat in Afghanistan: 
Contingency Planning Memorandum Update, Council on Foreign 
Relations, available at: https://www.cfr.org/report/countering-resurgent-terrorist-threat-afghanistan (last visited Sept. 18, 
2023).
    \10\ 2022 Report on International Religious Freedom: 
Afghanistan, Dept. of State, available at: https://www.state.gov/reports/2022-report-on-international-religious-freedom/afghanistan/#section-3 (last visited Sept. 18, 2023).
    \11\ International Crisis Group, Afghanistan's Security 
Challenges under the Taliban, Aug. 12, 2022, available at: https://www.crisisgroup.org/asia/south-asia/afghanistan/afghanistans-security-challenges-under-taliban (last visited May 6, 2023).
    \12\ Human Rights Watch, World Report 2023--Afghanistan, Jan. 
12, 2023, available at: https://www.ecoi.net/en/document/2085369.html (last visited June 8, 2023).
    \13\ Austrian Centre for Country of Origin and Asylum Research 
and Documentation, Ecoi.net Featured Topic on Afghanistan: Overview 
of recent developments and key players in Afghanistan, May 17, 2023, 
available at: https://www.ecoi.net/en/document/2092065.html (last 
visited June 9, 2023).
    \14\ European Union Agency for Asylum, Afghanistan Security 
Information, Jan. 2023, available at: https://coi.euaa.europa.eu/administration/easo/PLib/2022_08_EUAA_COI_Report_Afghanistan_Security_situation.pdf (last 
visited June 9, 2023).
    \15\ European Union Agency for Asylum, Afghanistan Security 
Information, Jan. 2023, available at: https://coi.euaa.europa.eu/administration/easo/PLib/2022_08_EUAA_COI_Report_Afghanistan_Security_situation.pdf (last 
visited June 9, 2023).
    \16\ European Union Agency for Asylum, Afghanistan Security 
Information, Jan. 2023, available at: https://coi.euaa.europa.eu/administration/easo/PLib/2022_08_EUAA_COI_Report_Afghanistan_Security_situation.pdf (last 
visited June 9, 2023).
    \17\ Michael Kugelman, How Dangerous is the Islamic State-
Khorasan?, Foreign Policy, Mar. 23, 2023, available at: https://foreignpolicy.com/2023/03/23/afghanistan-islamic-state-khorasan-centcom-warning-threat/ (last visited June 9, 2023).
    \18\ European Union Agency for Asylum, Afghanistan Security 
Information, Jan. 2023, available at: https://coi.euaa.europa.eu/administration/easo/PLib/2022_08_EUAA_COI_Report_Afghanistan_Security_situation.pdf (last 
visited June 9, 2023).
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Human Rights Abuses

    The human rights situation in Afghanistan was recently described as 
a worsening crisis, with the United Nations Special Rapporteur on Human 
Rights in Afghanistan, encouraging the International Criminal Court 
(ICC) to ``take note of the unprecedented deterioration of women's 
rights . . . and that the Prosecutor consider the crime of gender 
persecution in Afghanistan.'' \19\ Afghanistan under the Taliban 
remains extremely oppressive, particularly with respect to the 
meaningful participation of women in all aspects of public and private 
life and the exercise of freedom of religion or belief. Gender-based 
violence, including sexual violence, against women and girls occurs 
with impunity.20 21
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    \19\ United Nations High Commissioner for Refugees (UNHCR), A/
HRC/52/84: Situation of human rights in Afghanistan--Report of the 
Special Rapporteur on the situation of human rights in Afghanistan, 
Richard Bennett, Feb. 09, 2023, available at: https://www.ohchr.org/en/documents/country-reports/ahrc5284-situation-human-rights-afghanistan-report-special-rapporteur (last visited June 9, 2023).
    \20\ Fereshta Abbasi, What are the main challenges to women and 
girls' rights in Afghanistan?, Human Rights Watch, Mar. 9, 2023, 
available at: https://apnews.com/article/taliban-afghanistan-women-rights-united-nations-591c39436d53f83e5a0c423c5e06891c (last visited 
May 12, 2023).
    \21\ UNHCR, A/HRC/52/84: Situation of human rights in 
Afghanistan--Report of the Special Rapporteur on the situation of 
human rights in Afghanistan, Richard Bennett, Feb. 09, 2023, 
available at: https://www.ohchr.org/en/documents/country-reports/ahrc5284-situation-human-rights-afghanistan-report-special-rapporteur (last visited June 9, 2023).
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    Hazaras, members of an ethnic and religious minority, have 
experienced harm in the form of forcible evictions, threats, physical 
harm, and attacks on religious institutions and education centers.\22\ 
In September 2022, Human Rights Watch reported that attacks on members 
of the Hazara community are ``systematic in nature and reflect elements 
of an organizational policy.'' \23\
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    \22\ U.S. Department of State, 2022 Report on International 
Religious Freedom: Afghanistan, May 15, 2023, available at: https://www.ecoi.net/en/document/2091855.html (last visited June 9, 2023).
    \23\ Human Rights Watch, Afghanistan: ISIS Group Targets 
Religious Minorities, Sept. 6, 2022, available at: https://www.hrw.org/news/2022/09/06/afghanistan-isis-group-targets-religious-minorities (last visited Aug. 21, 2023).
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    Former employees of the prior Afghan government also continue to 
face reprisals. Human Rights Watch reported on the killings and 
disappearances of 47 members of the Afghan National Security Forces 
(ANSF) in late 2022, and the United Nations (U.N.) found that family 
members of former Afghan security forces members were also targeted by 
elements of the Taliban.\24\ The Taliban have arrested activists and 
journalists who criticized them on media platforms and raided offices 
of non-governmental organizations.\25\ Human rights abuses against 
perceived opponents have been particularly violent after protests, with 
the Taliban using live ammunition, whips, and electroshock weapons to 
disperse crowds.\26\
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    \24\ Austrian Centre for Country of Origin and Asylum Research 
and Documentation, Ecoi.net Featured Topic on Afghanistan: Overview 
of recent developments and key players in Afghanistan, May 17, 2023, 
available at: https://www.ecoi.net/en/document/2092065.html (last 
visited June 9, 2023).
    \25\ European Union Agency for Asylum, Country Guidance: 
Afghanistan; January 2023, Jan. 2023, available at: https://www.ecoi.net/en/file/local/2086795/2023_Country_Guidance_Afghanistan_EN.pdf (last visited June 9, 
2023).
    \26\ European Union Agency for Asylum, Country Guidance: 
Afghanistan; January 2023, Jan. 2023, available at: https://www.ecoi.net/en/file/local/2086795/2023_Country_Guidance_Afghanistan_EN.pdf (last visited June 9, 
2023).
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Humanitarian Situation

    The humanitarian situation in Afghanistan is dire, with 15 million 
Afghans not consuming enough food, and much of the population impacted, 
as well as limited access to clean water.27 28 As a result 
of the Taliban takeover and ongoing violence, internal displacement has 
also skyrocketed in Afghanistan.\29\ Afghanistan is currently 
experiencing one of the world's worst humanitarian disasters, with more 
than two thirds of the population, 29.2 million people, requiring 
humanitarian assistance.30 31 The U.N. World Food Programme 
recently found that Afghanistan is at the greatest risk of famine in 25 
years, with half of all families in the country existing in crisis-

[[Page 65724]]

coping mode.\32\ Since August 2022, the Programme estimates that nine 
out of ten families in Afghanistan do not have the means to afford 
enough food.\33\ A recent Whole of Afghanistan Assessment found that 79 
percent of households lack enough water for daily needs.\34\ More than 
1.6 million Afghans fled the country since 2021, with Iran and Pakistan 
hosting 85 percent of displaced Afghans.\35\ There are also 
approximately 3.2 million internally displaced persons (IDPs) due to 
conflict and violence.\36\
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    \27\ Human Rights Watch, Afghanistan: Economic Roots of the 
Humanitarian Crisis, Mar. 1, 2022, available at: https://www.hrw.org/news/2022/03/01/afghanistan-economic-roots-humanitarian-crisis (last visited June 9, 2023).
    \28\ World Food Programme, WFP Afghanistan; Situation Report; 24 
May 2023, May 24, 2023, available at: https://reliefweb.int/attachments/bb0a5390-5198-4194-b87d-c8a78cd42e22/20230524%20AFG%20External%20Sitrep.pdf (last visited June 9, 2023).
    \29\ Internal Displacement Monitoring Centre, Country Profile: 
Afghanistan, May 24, 2023, available at: https://www.internal-displacement.org/countries/afghanistan (last visited June 9, 2023).
    \30\ Human Rights Watch, Hard Choices in Afghanistan's 
Humanitarian Crisis, May 15, 2023, available at: https://
www.hrw.org/news/2023/05/15/hard-choices-afghanistans-humanitarian-
crisis#:~:text=Afghanistan%20has%20largely%20disappeared%20from,girls
%20remain%20most%20at%20risk. (last visited June 9, 2023).
    \31\ ReliefWeb, Afghanistan: Revised Humanitarian Response Plan 
(Jun-Dec 2023), available at: https://reliefweb.int/report/afghanistan/afghanistan-revised-humanitarian-response-plan-jun-dec-2023 (last Sept. 15, 2023).
    \32\ Id.
    \33\ Id.
    \34\ ReliefWeb, Afghanistan: Drought--2021-2023, 2021-2023, 
available at: https://reliefweb.int/disaster/dr-2021-000022-afg 
(last visited June 9, 2023).
    \35\ UNCHR, Afghanistan Humanitarian Crisis, available at: 
https://www.unrefugees.org/emergencies/afghanistan/ (last visited 
June 9, 2023).
    \36\ Afghanistan Humanitarian Crisis, UNHCR, available at: 
https://www.unrefugees.org/emergencies/afghanistan/ (last visited 
Sept. 15, 2023).
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Healthcare and Infrastructure Concerns

    Afghanistan's healthcare system is currently struggling and 
hospitals that are still functioning do so with few supplies and 
massive staff shortages, as many medical personnel have fled the 
unstable country and foreign aid has been suspended since the Taliban 
takeover.\37\ The Taliban's targeted attacks on vital infrastructure, 
including power stations, roads, and cell phone towers have created 
dire circumstances across the country, which is made worse by the 
suspension of international support for civilian infrastructure 
maintenance due to the expulsion of aid workers by the Taliban 
regime.38 39
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    \37\ Ngoe Phuong Hong Tao, et al., Healthcare collapse in 
Afghanistan due to political crises, natural catastrophes, and 
dearth of international aid post-COVID, Jan. 11, 2023, Journal of 
Global Health, available at: https://jogh.org/2023/jogh-13-03003 
(last visited June 9, 2023).
    \38\ Statement on Continuation of Assassinations, Kidnappings, 
and Destruction of Vital Infrastructure, US Embassy in Afghanistan, 
Jan. 31, 2021, available at: https://af.usembassy.gov/statement-on-continuation-of-assassinations-kidnappings-and-destruction-of-vital-infrastructure/ (last visited June 9, 2023).
    \39\ UN Office for the Coordination of Humanitarian Affairs, 
Afghanistan: ICCT Winter Prioritisation--December 2022 (Issued 16 
January 2023), Jan. 17, 2023, available at: https://reliefweb.int/attachments/1d506d5a-3624-4768-87ac-5bc51329b9b3/2023%20ICCT%20Winter%20Prioritisation%20Report_Q1_fn_160123.pdf 
(last visited June 9, 2023).
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Economic Concerns

    Economic instability has added to the deepening humanitarian crisis 
in Afghanistan. Due to the economic collapse, high inflation, and 
difficulty in finding stable jobs, an estimated one million children 
are working in Afghanistan, a number that soared since the Taliban 
seized power.\40\ In November 2021, the Taliban banned the use of 
foreign currency, which may further disrupt an economy on the brink of 
collapse.\41\ The World Bank notes that the unexpected loss of public 
sector activity is likely to have impacts throughout the Afghan 
economy, especially in the service and construction sectors, which 
accounts for approximately 58 percent of GDP.\42\ When compared to the 
previous Taliban era, the level of poverty this time is predicted to be 
worse and felt more acutely across the country.\43\
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    \40\ Radio Free Europe/Radio Liberty, `Life of Toil': Growing 
Number of Starving Afghan Families Send Children to Work, May 17, 
2023, available at: https://www.ecoi.net/en/document/2092100.html 
(last visited June 9, 2023).
    \41\ Taliban bans foreign currencies in Afghanistan, BBC News, 
Nov. 3, 2021, available at: https://www.bbc.com/news/business-59129470 (last visited May 12, 2023).
    \42\ Anthony Cordesman, Reshaping U.S. Aid to Afghanistan: The 
Challenge of Lasting Progress, Feb. 23, 2022, available at: https://www.csis.org/analysis/reshaping-us-aid-afghanistan-challenge-lasting-progress (last visited May 10, 2023).
    \43\ Killing the Goose that Laid the Golden Egg: Afghanistan's 
economic distress post-15 August, Afghanistan Analysts Network, Nov. 
11, 2021, available at: https://www.afghanistan-analysts.org/en/reports/economydevelopment-environment/killing-the-goose-that-laid-the-golden-egg-afghanistans-economic-distress-post-15-august/ (last 
visited May 12, 2023).
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    As of September 13, 2023, approximately 550 F-1 nonimmigrant 
students from Afghanistan are enrolled at SEVP-certified academic 
institutions in the United States. Given the extent of the current 
armed conflict and current humanitarian crisis in Afghanistan, affected 
students whose primary means of financial support comes from 
Afghanistan may need to be exempt from the normal student employment 
requirements to continue their studies in the United States. The 
current armed conflict and current humanitarian crisis has made it 
unfeasible for many students to safely return to Afghanistan for the 
foreseeable future. Without employment authorization, these students 
may lack the means to meet basic living expenses.

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

    Undergraduate F-1 nonimmigrant students who receive on-campus or 
off-campus employment authorization under this notice must remain 
registered for a minimum of six semester or quarter hours of 
instruction per academic term. Undergraduate F-1 nonimmigrant students 
enrolled in a term of different duration must register for at least one 
half of the credit hours normally required under a ``full course of 
study.'' See 8 CFR 214.2(f)(6)(i)(B) and (F). A graduate-level F-1 
nonimmigrant student who receives on-campus or off-campus employment 
authorization under this notice must remain registered for a minimum of 
three semester or quarter hours of instruction per academic term. See 8 
CFR 214.2(f)(5)(v). Nothing in this notice affects the applicability of 
other minimum course load requirements set by the academic institution.
    In addition, an F-1 nonimmigrant student (either undergraduate or 
graduate) granted on-campus or off-campus employment authorization 
under this notice may count up to the equivalent of one class or three 
credits per session, term, semester, trimester, or quarter of online or 
distance education toward satisfying this minimum course load 
requirement, unless their course of study is in an English language 
study program. 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 an Afghan citizen, 
regardless of country of birth (or an individual having no nationality 
who last habitually resided in Afghanistan), 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

[[Page 65725]]

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].\44\
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    \44\ Because the suspension of requirements under this notice 
applies throughout an academic term during which the suspension is 
in effect, DHS considers an F-1 nonimmigrant student who engages in 
a reduced course load or employment (or both) after this notice is 
effective to be engaging in a ``full course of study,'' see 8 CFR 
214.2(f)(6), and eligible for employment authorization, through the 
end of any academic term for which such student is matriculated as 
of May 20, 2025, provided the student satisfies the minimum course 
load requirements in this notice.

Must the F-1 nonimmigrant student apply for reinstatement after 
expiration of this special employment authorization if the student 
reduces his or her ``full course of study''?

    No. DHS will deem an F-1 nonimmigrant student who receives and 
comports with the employment authorization permitted under this notice 
to be engaged in a ``full course of study'' \45\ 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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    \45\ 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 
8CFR 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 Afghanistan regardless of country of birth (or 
an individual having no nationality who last habitually resided in 
Afghanistan);
    (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 and current humanitarian crisis in 
Afghanistan.
    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 and 
current humanitarian crisis in Afghanistan).

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 Afghanistan enrolled in kindergarten 
through grade 12 at a private school, or grades 9 through 12 at a 
public high school. Such students must maintain the minimum number of 
hours of class attendance per week prescribed by the academic 
institution for normal progress toward graduation, as required under 
8CFR214.2(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 Afghanistan 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].\46\
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    \46\ 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 May 20, 2025, provided the student satisfies the minimum course 
load requirements in this notice.


[[Page 65726]]


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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 and current humanitarian crisis in Afghanistan. An F-1 
nonimmigrant student authorized by the DSO to engage in on-campus 
employment by means of this notice does not need to file any 
applications with U.S. Citizenship and Immigration Services (USCIS). 
The standard rules permitting full-time on-campus employment when 
school is not in session or during school vacations apply, as described 
in 8 CFR 214.2(f)(9)(i).

Will an F-1 nonimmigrant student who receives on-campus employment 
authorization under this notice have authorization to reduce the normal 
course load and still maintain his or her F-1 nonimmigrant student 
status?

    Yes. DHS will deem an F-1 nonimmigrant student who receives on-
campus employment authorization under this notice to be engaged in a 
``full course of study'' \47\ 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.\48\
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    \47\ See 8 CFR 214.2(f)(6).
    \48\ 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'' \49\ for the purpose of maintaining F-1 
nonimmigrant student status for the duration of the student's 
employment authorization if the student satisfies the minimum course 
load requirement described in this notice, consistent with 8 CFR 
214.2(f)(6)(i)(F). However, the authorization for a reduced course load 
is solely for DHS purposes of determining valid F-1 nonimmigrant 
student status. Nothing in this notice mandates that school officials 
allow an F-1 nonimmigrant student to take a reduced course load if such 
reduced course load would not meet the school's minimum course load 
requirement.\50\
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    \49\ See 8 CFR 214.2(f)(6).
    \50\ 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 and current humanitarian crisis in 
Afghanistan.\51\ Filing instructions are located at https://www.uscis.gov/i-765.
---------------------------------------------------------------------------

    \51\ See 8 CFR 274a.12(c)(3)(iii).
---------------------------------------------------------------------------

    Fee considerations. Submission of a Form I-765 currently requires 
payment of a $410 fee. An applicant who is unable to pay the fee may 
submit a completed Form I-912, Request for Fee Waiver, along with the 
Form I-765, Application for Employment Authorization. See https://www.uscis.gov/forms/filing-fees/additional-information-on-filing-a-fee-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 
and current humanitarian crisis in Afghanistan.
    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].\52\
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    \52\ 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 May 20, 2025, provided the student satisfies the minimum course 
load requirements in this notice.
---------------------------------------------------------------------------

    The F-1 nonimmigrant student must then file the properly endorsed 
Form I-20 and Form I-765 according to the instructions for the Form I-
765. The F-1 nonimmigrant student may begin working off campus only 
upon receipt of the EAD from USCIS.
    DSO recommendation. In making a recommendation that an F-1

[[Page 65727]]

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'' \53\ at the time of the request 
for employment authorization;
---------------------------------------------------------------------------

    \53\ See 8 CFR 214.2(f)(6).
---------------------------------------------------------------------------

    (b) The F-1 nonimmigrant student is a citizen of Afghanistan, 
regardless of country of birth (or an individual having no nationality 
who last habitually resided in Afghanistan), and is experiencing severe 
economic hardship as a direct result of the current armed conflict and 
current humanitarian crisis in Afghanistan, 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; \54\ and
---------------------------------------------------------------------------

    \54\ 8 CFR 214.2(f)(5)(v).
---------------------------------------------------------------------------

    (d) The off-campus employment is necessary to alleviate severe 
economic hardship to the individual as a direct result of the current 
armed conflict and current humanitarian crisis in Afghanistan.
    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.'' \55\ Failure to include this notation may 
result in significant processing delays.
---------------------------------------------------------------------------

    \55\ Guidance for direct filing addresses can be found here: 
https://www.uscis.gov/i-765-addresses.
---------------------------------------------------------------------------

    If USCIS approves the student's Form I-765, USCIS will send the 
student a Form I-766 EAD as evidence of employment authorization. The 
EAD will contain an expiration date that does not exceed the end of the 
granted temporary relief.

Temporary Protected Status (TPS) Considerations

Can an F-1 nonimmigrant student apply for TPS and for benefits under 
this notice at the same time?

    Yes. An F-1 nonimmigrant student who has not yet applied for TPS or 
for other relief that reduces the student's course load per term and 
permits an increased number of work hours per week, such as Special 
Student Relief,\56\ under this notice has two options.
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    \56\ See DHS Study in the States, Special Student Relief, 
https://studyinthestates.dhs.gov/students/special-student-relief 
(last visited May 10, 2023).
---------------------------------------------------------------------------

    Under the first option, the F-1 nonimmigrant student may apply for 
TPS according to the instructions in the USCIS notice designating 
Afghanistan 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 May 20, 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, issue an updated Form 
I-20, as described in this notice, and notate that the nonimmigrant 
student has been authorized to carry a reduced course load and is 
working pursuant to a TPS-related EAD. 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 Afghanistan 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, as long as the F-1 nonimmigrant 
student maintains the minimum course load described in this notice and 
does not otherwise violate the student's nonimmigrant status, included 
as provided under 8 CFR 214.1(g), the nonimmigrant will be able to 
maintain compliance requirements for F-1 nonimmigrant student status 
while having TPS.

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

    The F-1 nonimmigrant student must maintain normal course load 
requirements for a ``full course of study'' \57\ 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).
---------------------------------------------------------------------------

    \57\ See 8 CFR 214.2(f)(6).
---------------------------------------------------------------------------

How does a student who has received a TPS-related EAD then apply for 
authorization to take a reduced course load under this notice?

    There is no further application process with USCIS if a student has 
been approved for a TPS-related EAD. The F-1 nonimmigrant student must

[[Page 65728]]

demonstrate and provide documentation to the DSO of the direct economic 
hardship resulting from the current armed conflict and current 
humanitarian crisis in Afghanistan. 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 May 20, 2025,\58\ to 
eligible F-1 nonimmigrant students. DHS will continue to monitor the 
situation in Afghanistan. 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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    \58\ 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 May 20, 2025, provided the student satisfies the minimum course 
load requirements in this notice.
---------------------------------------------------------------------------

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 and current humanitarian crisis in Afghanistan 
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 Number 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. 2023-20789 Filed 9-21-23; 4:15 pm]
BILLING CODE 9111-28-P