Employment Authorization for Venezuelan F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of the Crisis in Venezuela, 17500-17506 [2024-04820]

Agencies

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

[Federal Register Volume 89, Number 48 (Monday, March 11, 2024)]
[Notices]
[Pages 17500-17506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04820]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Immigration and Customs Enforcement

[Docket No. ICEB-2023-0015]
RIN 1653-ZA44


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

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 Venezuela, 
regardless of country of birth (or individuals having no nationality 
who last habitually resided in Venezuela), and who are experiencing 
severe economic hardship as a direct result of the crisis in Venezuela. 
The Secretary is taking action to provide relief to these Venezuelan 
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 March 11, 2024, through September 10, 
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 Venezuela regardless of country of birth (or 
individuals having no nationality who last habitually resided in 
Venezuela), 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 situation in Venezuela. The original Notice that was prompted by 
emergent circumstances, 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 22, 2021, was 
effective from April 22, 2021, until September 9, 2022. See 86 FR 21328 
(Apr. 22, 2021). A subsequent Notice provided for an 18-month extension 
of the original Notice from September 10, 2022, through March 10, 2024. 
See 87 FR 55017 (Sept. 8, 2022). Effective with this publication, 
suspension of the employment limitations is available through September 
10, 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). Those 
covered by the Notice ending on March 10, 2024 (see 87 FR 55017), will 
receive an extension of Special Student Relief under this Notice 
through September 10, 2025.
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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 Sept. 10, 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 Venezuela regardless of country of birth (or 
an individual having no nationality who last habitually resided in 
Venezuela);
    (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 situation in Venezuela.
    This notice applies to F-1 nonimmigrant students in an approved

[[Page 17501]]

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 Venezuelan F-1 
nonimmigrant students experiencing severe economic hardship due to the 
situation in Venezuela. Based on its review of country conditions in 
Venezuela and input received from the U.S. Department of State (DOS), 
DHS is taking action to allow eligible F-1 nonimmigrant students from 
Venezuela 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.
    Venezuela continues to face a severe humanitarian emergency due to 
political and economic crises that impact access to food, medicine, 
healthcare, water, electricity, and fuel, has led to human rights 
abuses, high levels of poverty, and high levels of crime and violence.

Political Repression and Human Rights

    ``In Venezuela, many channels for political dissent are closed, 
with authorities restricting enjoyment of civil liberties and 
prosecuting perceived opponents without regard for due process.'' 
2 3 The UN Human Rights Council's Independent International 
Fact-Finding Mission on the Bolivarian Republic of Venezuela (IIFFM) 
found in its September 2022 report, ``Venezuela's military and civilian 
intelligence agencies function as well-coordinated and effective 
structures in the implementation of a plan'' to ``repress dissent.''
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    \2\ Freedom House, Freedom in the World 2023--Venezuela, Mar. 
10, 2023, available at https://freedomhouse.org/country/venezuela/freedom-world/2023 (last visited Jul. 18, 2023).
    \3\ Inter-American Commission on Human Rights (IACHR), Annual 
Report 2022--Chapter IV.B--Venezuela, p.700, Apr. 20, 2023, 
available at https://www.oas.org/en/iachr/docs/annual/2022/Chapters/9-IA2022_Cap_4B_VE_EN.pdf (last visited Jul. 19, 2023).
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Economic Collapse

    Venezuela is struggling with a persistent economic conditions that 
has limited the country's ability to provide basic goods.\4\ In April 
2023, Venezuela's economy was showing some signs of recovery, however, 
it is still in a grim condition.\5\ In a report covering the period 
from May 2022 through April 2023, the U.N. Office of the High 
Commissioner for Human Rights (OHCHR) noted that while economic growth, 
which occurred in 2022, ``would bring hope for improved economic 
prospects, persistent challenges and other factors continued to 
negatively affect essential public services, transport, education, and 
health.'' \6\
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    \4\ Vivian Sequera, Banana fungus may worsen hunger crisis in 
Venezuela, Reuters, May 10, 2023, available at https://www.reuters.com/world/americas/banana-fungus-may-worsen-hunger-crisis-venezuela-2023-05-10/ (last visited July 7, 2023).
    \5\ The Economist, Nicol[aacute]s Maduro, Venezuela's autocrat, 
is winning, Apr. 25, 2023, available at https://web.archive.org/web/20230531114303/https://www.economist.com/the-americas/2023/04/25/nicolas-maduro-venezuelas-autocrat-is-winning (last visited July 10, 
2023).
    \6\ Office of the High Commissioner for Human Rights (OHCHR), 
Situation of human rights in the Bolivarian Republic of Venezuela--
Report of the United Nations High Commissioner for Human Rights, 
p.2, July 4, 2023, available at https://reliefweb.int/report/venezuela-bolivarian-republic/situation-human-rights-bolivarian-republic-venezuela-report-united-nations-high-commissioner-human-rights-ahrc5354-advance-unedited-version (last visited July 12, 
2023); Isayen Herrera and Frances Robles, Ferraris and Hungry 
Children: Venezuela's Socialist Vision in Shambles, The New York 
Times, Mar. 21, 2023, available at https://web.archive.org/web/20230401201402/https:/www.nytimes.com/2023/03/21/world/americas/venezuela-economy-wealth-gap.html (last visited July 12, 2023); 
Observatorio Venezolano de Conflictividad Social (OVCS), 
Conflictividad Social--Venezuela Anual 2022 [Social Conflict--
Venezuela Annual 2022], p.2, Feb. 2023, available at https://www.observatoriodeconflictos.org.ve/oc/wp-content/uploads/2023/02/INFORMEOVCS-ANUAL2022.pdf (last visited July 12, 2023).
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    In the Inter-American Commission on Human Rights (IACHR) 2022 
report, the IACHR noted ``the high rates of poverty and inequality in 
the country, in which there are estimates that more than 90 percent of 
the population lives in poverty.'' \7\ The same report stated that, as 
of March 2022, an estimated 94.5 percent of the Venezuelan population 
would not earn an income that would cover basic items like food, 
housing, health, education, transportation, and clothing.\8\
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    \7\ Inter-American Commission on Human Rights (IACHR), Annual 
Report 2022--Chapter IV.B--Venezuela, p.705, Apr. 20, 2023, 
available at https://www.oas.org/en/iachr/docs/annual/2022/Chapters/9-IA2022_Cap_4B_VE_EN.pdf (last visited July 10, 2023).
    \8\ Inter-American Commission on Human Rights (IACHR), Annual 
Report 2022--Chapter IV.B--Venezuela, p.705, Apr. 20, 2023, 
available at https://www.oas.org/en/iachr/docs/annual/2022/Chapters/9-IA2022_Cap_4B_VE_EN.pdf (last visited July 10, 2023).
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Crime and Insecurity

    In May 2022, the U.S. Department of State concluded that Venezuela 
had one of the highest rates of violent deaths in the world.\9\ 
Additionally, ``Venezuelans face physical insecurity and violence from 
several sources, including irregular armed groups, security forces, and 
organized gangs.'' \10\ Exacerbating this issue is corruption in 
Venezuela. InSight Crime has reported that ``criminal groups and 
corrupt state actors together form a hybrid state that combines 
governance with criminality, and where illegal armed groups act at the 
service of the state, while criminal networks form within it.'' \11\ 
Human trafficking remains a serious concern. Traffickers exploit and 
subject Venezuelans, including those fleeing the country, to egregious 
forms of exploitation, including sex trafficking and forced labor.\12\ 
Members of non-state armed groups that operate in the country with 
impunity subject Venezuelans to forced labor and forced criminality, 
and recruit and use child soldiers.\13\
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    \9\ Overseas Security Advisory Council (OSAC), Venezuela Country 
Security Report, U.S. Department of State, May 10, 2022, available 
at https://www.osac.gov/Content/Report/34f99e62-2161-412d-bfeb-1e752539f6bf (last visited Jul. 19, 2023).
    \10\ Freedom House, Freedom in the World 2023--Venezuela, Mar. 
10, 2023, available at https://freedomhouse.org/country/venezuela/freedom-world/2023 (last visited Jul. 18, 2023).
    \11\ Venezuela Investigative Unit, Rise of the Criminal Hybrid 
State in Venezuela, InSight Crime, p.5, Jul. 2023, available at 
https://insightcrime.org/wp-content/uploads/2023/07/Rise-of-the-Criminal-Hybrid-State-in-Venezuela-InSight-Crime-1.pdf (last visited 
Jul. 19, 2023).
    \12\ U.S. Dep't. of State, 2023 Trafficking in Persons Report: 
Venezuela, June 15, 2023, available at https://www.state.gov/reports/2023-trafficking-in-persons-report/venezuela/ (last visited 
Sep. 25, 2023).
    \13\ Id.
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Health Crisis

    Various sources have referred to the severe problems with the 
health system in Venezuela, including the IACHR, Human Rights Watch, 
and the Congressional Research Service (CRS).\14\ The Associated Press 
(AP) reported in March that Venezuela's healthcare system had all but 
collapsed prior to the COVID-19 pandemic.\15\ Likewise, in its

[[Page 17502]]

2022 annual report, the IACHR acknowledged that while the COVID-19 
pandemic ``has had significant impacts on the health sector and the 
population, the serious affectations of the system preceded the health 
emergency.'' \16\
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    \14\ Inter-American Commission on Human Rights (IACHR), Annual 
Report 2022--Chapter IV.B--Venezuela, p.674, 706, 708, 709, Apr. 20, 
2023, available at https://www.oas.org/en/iachr/docs/annual/2022/Chapters/9-IA2022_Cap_4B_VE_EN.pdf (last visited July 12, 2023); 
Human Rights Watch, World Report 2023: Venezuela, Jan. 13, 2023, 
available at https://www.hrw.org/world-report/2023/country-chapters/venezuela (last visited July 12, 2023); Clare Ribando Seelke, 
Rebecca M. Nelson, Rhoda Margesson, & Phillip Brown, Venezuela: 
Background and U.S. Relations, Congressional Research Service (CRS), 
p.11, Dec. 6, 2022, available at https://crsreports.congress.gov/product/pdf/R/R44841 (last visited July 12, 2023).
    \15\ Regina Garcia Cano, Governments pledge money, attention to 
Venezuela's crisis, The Associated Press, Mar. 17, 2023, https://apnews.com/article/venezuela-migration-crisis-us-united-nations-805873048d2b0532bfbe53428f4ed2aa (last visited July 12, 2023).
    \16\ Inter-American Commission on Human Rights (IACHR), Annual 
Report 2022--Chapter IV.B--Venezuela, p.705, Apr. 20, 2023, 
available at https://www.oas.org/en/iachr/docs/annual/2022/Chapters/9-IA2022_Cap_4B_VE_EN.pdf (last visited July 12, 2023).
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    According to a July 2023 OHCHR report, health centers in Venezuela 
frequently report issues caused by the underfunded healthcare system, 
such as structural integrity issues of facilities and staffing, as well 
as gaps in critical infrastructure leading to regular blackouts and 
water shortages.\17\ Furthermore, in its 2022 annual report, the IACHR 
reported that 98 percent of the hospitals in Venezuela lacked essential 
supplies of medicines and are frequently experiencing failures in 
laboratories, reagents, and wards. Because of this, the IACHR estimated 
that only between 3 and 10 percent of the hospitals had the essential 
medical and surgical materials to adequately treat patients.\18\
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    \17\ Office of the High Commissioner for Human Rights (OHCHR), 
Situation of human rights in the Bolivarian Republic of Venezuela: 
Report of the United Nations High Commissioner for Human Rights, 
p.3, July 4, 2023, available at https://reliefweb.int/report/venezuela-bolivarian-republic/situation-human-rights-bolivarian-republic-venezuela-report-united-nations-high-commissioner-human-rights-ahrc5354-advance-unedited-version (last visited July 13, 
2023).
    \18\ Inter-American Commission on Human Rights (IACHR), Annual 
Report 2022: Chapter IV.B: Venezuela, p.708, Apr. 20, 2023, 
available at https://www.oas.org/en/iachr/docs/annual/2022/Chapters/9-IA2022_Cap_4B_VE_EN.pdf (last visited July 13, 2023).
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Food Insecurity and Environmental Concerns

    In a humanitarian response plan published in 2023, the Food and 
Agriculture Organization of the United Nations (FAO) identified food 
insecurity as the most immediate challenge for the Venezuelan 
populations.\19\ Human Rights Watch also stated in its 2022 report that 
HumVenezuela, an independent platform by civil society organizations 
monitoring the humanitarian emergency, reported in March 2022 that the 
majority of Venezuelans face hardship when attempting to access food, 
with 10.9 million Venezuelans undernourished or chronically hungry.\20\ 
It is also estimated that 4.3 million are deprived of food, sometimes 
going days without eating.\21\ Moreover, the IACHR noted in its 2022 
annual report that ``32 percent of children live in a situation of 
chronic malnutrition.'' \22\
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    \19\ Food and Agriculture Organization of the United Nations 
(FAO), The Bolivarian Republic of Venezuela: Humanitarian Response 
Plan 2022-2023, p.1, 2023, available at https://www.fao.org/3/cc6775en/cc6775en.pdf (last visited July 14, 2023).
    \20\ Human Rights Watch, World Report 2023: Venezuela, Jan. 13, 
2023, available at https://www.hrw.org/world-report/2023/country-chapters/venezuela (last visited July 14, 2023).
    \21\ Id.
    \22\ Inter-American Commission on Human Rights (IACHR), Annual 
Report 2022: Chapter IV.B: Venezuela, p.709, Apr. 20, 2023, 
available at https://www.oas.org/en/iachr/docs/annual/2022/Chapters/9-IA2022_Cap_4B_VE_EN.pdf (last visited July 14, 2023).
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    Since May 26, 2023, as hurricane season began, Venezuela has 
experienced heavy rains which resulted in flooding that affected 
several areas in Venezuela.\23\ Reports of the damage caused by the 
heavy rains includes 5,100 people affected with damage to houses and 
blockages in the drainage system in the state of Portuguesa.\24\ In 
another area, Delta Amacuro, around 7,500 people have been affected by 
the 2023 floods.\25\
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    \23\ ACAPS, ACAPS Anticipatory Note: Venezuela: Anticipation of 
flooding, 20 July 2023, July 20, 2023, available at https://reliefweb.int/report/venezuela-bolivarian-republic/acaps-anticipatory-note-venezuela-anticipation-flooding-20-july-2023 (last 
visited Sept. 19, 2023).
    \24\ Id.
    \25\ Id.
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    As of January 5, 2024, 3,950 F-1 nonimmigrant students from 
Venezuela are enrolled at SEVP-certified academic institutions in the 
United States. Given the extent of the situation in Venezuela, affected 
students whose primary means of financial support comes from Venezuela 
may need to be exempt from the normal student employment requirements 
to continue their studies in the United States. The situation has made 
it unfeasible for many students to safely return to Venezuela 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 a Venezuelan citizen, 
regardless of country of birth (or an individual having no nationality 
who last habitually resided in Venezuela), 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

[[Page 17503]]

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].\26\
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    \26\ 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 Sept. 10, 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'' \27\ 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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    \27\ 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 Venezuela regardless of country of birth (or 
an individual having no nationality who last habitually resided in 
Venezuela);
    (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 situation in Venezuela.
    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 situation in Venezuela).

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 Venezuela 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 Venezuela 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].\28\
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    \28\ 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 Sept. 10, 2025, provided the student satisfies the minimum course 
load requirements in this notice.

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[[Page 17504]]

    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 situation in 
Venezuela. 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'' \29\ 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.\30\
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    \29\ See 8 CFR 214.2(f)(6).
    \30\ 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'' \31\ 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.\32\
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    \31\ See 8 CFR 214.2(f)(6).
    \32\ 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 situation in Venezuela.\33\ Filing instructions are located at 
https://www.uscis.gov/i-765.
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    \33\ 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-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 situation in Venezuela.
    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].\34\
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    \34\ 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 Sept. 10, 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:

[[Page 17505]]

    (a) The F-1 nonimmigrant student is in good academic standing and 
is carrying a ``full course of study'' \35\ at the time of the request 
for employment authorization;
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    \35\ See 8 CFR 214.2(f)(6).
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    (b) The F-1 nonimmigrant student is a citizen of Venezuela, 
regardless of country of birth (or an individual having no nationality 
who last habitually resided in Venezuela), and is experiencing severe 
economic hardship as a direct result of the situation in Venezuela, 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; \36\ and
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    \36\ 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 situation 
in Venezuela.
    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.'' \37\ Failure to include this notation may 
result in significant processing delays.
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    \37\ 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,\38\ under this notice has two options.
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    \38\ 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 
Venezuela for TPS. See ``Extension and Redesignation of Venezuela for 
Temporary Protected Status,'' 88 FR 68130 (Oct. 3, 2023). 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, 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 Venezuela 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'' \39\ 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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    \39\ 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 situation in Venezuela. The DSO will then 
verify and update the student's

[[Page 17506]]

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 September 10, 2025,\40\ 
to eligible F-1 nonimmigrant students. DHS will continue to monitor the 
situation in Venezuela. 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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    \40\ 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 Sept. 10, 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 
situation in Venezuela 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. 2024-04820 Filed 3-8-24; 4:15 pm]
BILLING CODE 9111-28-P