Employment Authorization for Nationals of Burma F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of Current Armed Conflict and the Current Humanitarian Crisis in Burma (Myanmar), 20675-20681 [2024-06096]

Agencies

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

[Federal Register Volume 89, Number 58 (Monday, March 25, 2024)]
[Notices]
[Pages 20675-20681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06096]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Immigration and Customs Enforcement

[Docket No. ICEB-2024-0001]
RIN 1653-ZA47


Employment Authorization for Nationals of Burma F-1 Nonimmigrant 
Students Experiencing Severe Economic Hardship as a Direct Result of 
Current Armed Conflict and the Current Humanitarian Crisis in Burma 
(Myanmar)

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

ACTION: Notice.

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SUMMARY: The Department of Homeland Security is suspending certain

[[Page 20676]]

regulatory requirements for F-1 nonimmigrant students from Burma who 
are experiencing severe economic hardship as a direct result of current 
armed conflict and the current humanitarian crisis in Burma. The 
Secretary is providing relief to these students who are in lawful F-1 
nonimmigrant 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 status.

DATES: This action is effective May 26, 2024, through November 25, 
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 Burma regardless of country of birth (or 
individuals having no nationality who last habitually resided in 
Burma), who are present in the United States in lawful F-1 nonimmigrant 
student status on the date of publication of this notice, and who are 
experiencing severe economic hardship as a direct result of current 
armed conflict and the current humanitarian crisis in Burma. The 
original notice, which applied to F-1 nonimmigrant students who met 
certain criteria, including having been lawfully present in the United 
States in F-1 nonimmigrant status on May 25, 2021, was effective from 
May 25, 2021, through November 25, 2022. See 86 FR 28128 (May 25, 
2021). A subsequent notice provided for an extension, effective from 
November 26, 2022, through May 25, 2024, and expanded the applicability 
of such suspension to F-1 nonimmigrant students from Burma who were in 
lawful F-1 nonimmigrant student status on September 27, 2022. See 87 FR 
58509 (Sept. 27, 2022). Effective with this publication, suspension of 
the employment limitations is available through November 25, 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 November 25, 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 Burma regardless of country of birth (or an 
individual having no nationality who last habitually resided in Burma);
    (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 
current armed conflict and the current humanitarian crisis in Burma.
    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 F-1 nonimmigrant students 
from Burma experiencing severe economic hardship due to current armed 
conflict and the current humanitarian crisis in Burma. Based on its 
review of country conditions in Burma and input received from the U.S. 
Department of State (DOS), DHS is taking action to allow eligible F-1 
nonimmigrant students from Burma 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.
    In the last 18 months, what has been described as a civil war \2\ 
has continued throughout Burma. Violent conflict impacted 315 out of 
330 of Burma's townships (sub-districts).\3\ This has resulted in 
thousands of civilian deaths, with the military reportedly targeting 
populations thought to provide support to the resistance. So far, the 
fighting has displaced over 2.5 million persons, and made life 
difficult for the more than 300,000 persons who were already internally 
displaced when the military coup of February 2021 occurred. Recently, 
as the number of internally displaced persons in Burma surpassed two 
million, the United Nations Secretary General appealed to all sides to 
protect non-combatants and open access for humanitarian aid.\4\
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    \2\ Council on Foreign Relations, Global Conflict Tracker: Civil 
War in Myanmar, available at https://www.cfr.org/global-conflict-tracker/conflict/rohingya-crisis-myanmar (last visited Nov. 30, 
2023); see also, Yun Sun, The Brookings Institution, The civil war 
in Myanmar: no end in sight, Feb. 13, 2023, available at https://www.brookings.edu/articles/the-civil-war-in-myanmar-no-end-in-sight/ 
(last visited Nov. 30, 2023); International Crisis Group, State-
managed elections in Myanmar may lead to further violence, Mar. 28, 
2023, available at https://www.crisisgroup.org/asia/south-east-asia/myanmar/stage-managed-elections-myanmar-may-lead-further-violence 
(last visited Nov. 30, 2023).
    \3\ The Economist, Myanmar's junta suffers startling defeats, 
Nov. 16, 2023, available at: https://www.economist.com/asia/2023/11/16/myanmars-junta-suffers-startling-defeats (last visited Nov. 24, 
2023); Shona Loong, International Institute for Strategic Studies, 
Post-coup Myanmar in six warscapes, June 10, 2022, available at: 
https://myanmar.iiss.org/analysis/introduction (last visited Nov. 
24, 2023).
    \4\ BBC, Myanmar junta's war against rebels displaces millions: 
UN, Nov. 16, 2023, available at https://www.bbc.com/news/world-asia-67435786 (last visited Nov. 24, 2023).
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Armed Conflict

    Since the military coup, an estimated 315 out of Burma's 330 sub-
districts or townships have been impacted by violence.\5\ Recently, 
armed opposition groups have grown more unified and have had more 
success in defeating Burma's military forces. On October 27, 2023, in 
an operation termed the ``1027 offensive'', which included a coalition 
of ethnic armed groups, armed

[[Page 20677]]

opposition forces launched attacks on the military junta and its allies 
in northern Shan State.\6\ This resistance operation, which led to the 
defeat of Burma's military forces along the Indian and Chinese borders, 
has also reportedly resulted in an increase in killings of 
civilians.\7\ United Nations (U.N.). agencies have reported that, 
``urban areas have increasingly been affected by intense fighting and 
aerial bombardment.'' \8\
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    \5\ The Economist, Myanmar's junta suffers startling defeats, 
Nov. 16, 2023, available at https://www.economist.com/asia/2023/11/16/myanmars-junta-suffers-startling-defeats (last visited Nov. 24, 
2023); Shona Loong, International Institute for Strategic Studies, 
Post-coup Myanmar in six warscapes, June 10, 2022, available at 
https://myanmar.iiss.org/analysis/introduction (last visited Nov. 
24, 2023).
    \6\ The Economist, Myanmar's junta suffers startling defeats, 
Nov. 16, 2023, available at https://www.economist.com/asia/2023/11/16/myanmars-junta-suffers-startling-defeats (last visited Nov. 24, 
2023).
    \7\ The Irrawaddy, Myanmar Junta Killed at Least 150 Civilians 
Since Operation 1027 Launch, Nov. 17, 2023, available at https://www.irrawaddy.com/news/conflicts-in-numbers/myanmar-junta-killed-at-least-150-civilians-since-operation-1027-launch.html (last visited 
Nov. 27, 2023).
    \8\ UN News, Myanmar: Intense fighting spreads to cities, as 
civilians seek shelter, Nov. 17, 2023, available at https://news.un.org/en/story/2023/11/1143702 (last visited Nov. 24, 2023).
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    The recent fighting has displaced an additional 600,000 people, 
bringing the total number of displaced persons to over two and a half 
million. An estimated 70 civilians (and combatants who are out of 
action) reportedly have been killed and 90 wounded during the recent 
uptick in fighting.\9\ A June 2023 report, issued by the Peace Research 
Institute Oslo, stated that, ``at least 6,337 civilians were reported 
as killed and at least 2,614 as wounded for political reasons in 
Myanmar in the twenty months between the military coup of February 2021 
and September 30, 2022.'' \10\ The report emphasized that these numbers 
only included persons that have been reported as being killed, and also 
noted that ``politically motivated murders, not collateral killings in 
connection with armed clashes, constituted the dominant form of 
violence against civilians in both urban and rural areas in the 20-
month period after the coup.''
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    \9\ Id.
    \10\ Peace Research Institute Oslo, Counting Myanmar's Dead: 
Reported Civilian Casualties since the 2021 Military Coup, Jun. 13, 
2023, available at https://reliefweb.int/report/myanmar/counting-myanmars-dead-reported-civilian-casualties-2021-military-coup (last 
visited Nov. 24, 2023).
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Human Rights Concerns

    DOS, in its 2022 Country Reports on Human Rights Practices, said 
that ``Reports of killings, disappearances, excessive use of force, 
disregard for civilian life, gender-based violence, and other abuses 
committed by regime security forces were common; some groups were 
accused of similar abuses.'' \11\ According to the Assistance 
Association for Political Prisoners (Association), as of November 27, 
2023, 19,721 persons are currently in detention following the February 
2021 military coup. Since then, 25,463 people have been arrested in 
connection with the military coup. The Association also reported that 
4,202 people, including pro-democracy activists and civilians, have 
been killed by the Burma's military or associated forces.\12\ As of 
February 7, 2024, the Association reported that 20,060 individuals are 
currently in detention.\13\
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    \11\ U.S. Dep't of State, 2022 Country Reports on Human Rights 
Practices: Burma, Mar. 20, 2023, available at https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/burma/ (last 
visited Nov. 24, 2023).
    \12\ Assistance Association for Political Prisoners (Burma), 
Daily Briefing in Relation to the Military Coup, Nov. 27, 2023, 
available at https://aappb.org/?p=26812 (last visited Feb. 8, 2024).
    \13\ Assistance Association for Political Prisoners (Burma), 
Daily Briefing in Relation to the Military Coup, Feb. 7, 2024. 
Available at https://aappb.org/?p=27376 (last visited Feb. 9, 2024).
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    In the 2023 Trafficking in Persons Report for Burma, DOS indicated 
that Burma's military frequently forces children to enlist to fight 
against the armed resistance.\14\ In this report, DOS states that, 
``The media and other local sources reported cases of the military 
forcibly recruiting and using adults and children--including via 
abduction and threats of death.'' \15\ This became increasing common as 
Burma's military has suffered casualties, desertions, and shortages of 
recruits in recent months.\16\
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    \14\ U.S. Dep't of State, 2023 Trafficking in Persons Report: 
Burma, June 15, 2023, available at https://www.state.gov/wp-content/uploads/2023/09/Trafficking-in-Persons-Report-2023_Introduction-V3e.pdf (last visited Jan. 8, 2024).
    \15\ Id.
    \16\ The Irrawaddy, Myanmar Military Administrators Forced to 
Recruit for Militias, Oct. 6, 2023, available at https://www.irrawaddy.com/news/burma/myanmar-junta-administrators-forced-to-recruit-for-militias.html (last visited Nov. 27, 2023).
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Humanitarian Concerns

    From May 24, 2022 to November 9, 2023, the number of persons in 
Burma who have been internally displaced since the February 2021 
military coup grew from an estimated 694,300, to an estimated 
1,710,200, an increase of 146 percent.\17\ In the same period, the 
number of persons displaced from Burma to neighboring countries 
increased from an estimated 40,200, to an estimated 54,900, an increase 
of 37 percent.\18\ As of November 9, 2023, the states and regions with 
at least (post-coup) 40,000 displaced persons were Chin, Sagaing, 
Magwe, Shan (South), Shan (North), Kayah (Karenni), and Kayin (Karen), 
Bago (East), Mon and Tanintharyi.\19\ Five states and regions have over 
100,000 (post-coup) displaced persons: Sagaing, Magwe, Kayah (Karenni), 
Kayin (Karen) and Bago (East).\20\ An additional 306,000 people remain 
displaced from before the military coup, mostly in Chin, Kachin, 
Rakhine and Shan states.\21\
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    \17\ U.N. High Commission for Refugees, Myanmar Emergency 
Overview Map, Nov. 9, 2023, available at https://www.ecoi.net/en/file/local/2100306/231106+Myanmar+displacement+overview.pdf (last 
visited Nov. 24, 2023); See also, Myanmar Emergency Overview Map, 
UNHCR, May 24, 2022, available at https://www.ecoi.net/en/file/local/2073589/220523+Myanmar+displacement+overview.pdf (last visited 
Nov. 28, 2023).
    \18\ U.N. High Commission for Refugees, Myanmar Emergency 
Overview Map, Nov. 9, 2023, available at https://www.ecoi.net/en/file/local/2100306/231106+Myanmar+displacement+overview.pdf (last 
visited Nov. 24, 2023); Myanmar Emergency Overview Map, UNHCR, May 
24, 2022, available at https://www.ecoi.net/en/file/local/2073589/220523+Myanmar+displacement+overview.pdf (last visited Nov. 28, 
2023).
    \19\ U.N. High Commission for Refugees, Myanmar Emergency 
Overview Map, Nov. 9, 2023, available at https://www.ecoi.net/en/file/local/2100306/231106+Myanmar+displacement+overview.pdf (last 
visited Nov. 24, 2023).
    \20\ Id.
    \21\ U.N. Office for the Coordination of Humanitarian Affairs, 
Myanmar Humanitarian Update No. 34, Nov. 10, 2023, available at 
https://reliefweb.int/report/myanmar/myanmar-humanitarian-update-no-34-10-november-2023 (last visited Nov. 28, 2023).
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    The U.N. reports, additionally, that ``an estimated 77,000 civilian 
properties, including houses, religious structures, education, and 
health facilities, have reportedly been destroyed in areas affected by 
violence, mostly across the Northwest and the Southeast, although this 
data is difficult to verify.'' \22\ In May 2023, Cyclone Mocha hit 
Burma, devastating parts of the country, particularly in the Rakhine 
State.\23\
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    \22\ Id.
    \23\ BBC, Cyclone Mocha: Deadly storm hits Myanmar and 
Bangladesh coasts, May 15, 2023, available at https://www.bbc.com/news/world-asia-65587321 (last visited Nov. 28, 2023).
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Economic Concerns

    Economic conditions in Burma, which have deteriorated in part due 
to conflict, have worsened the humanitarian crisis.\24\ Burma's economy 
experienced a sharp contraction in 2021 \25\ and, while it is beginning 
to recover, remains at pre-pandemic levels with conflict-related 
factors inhibiting

[[Page 20678]]

growth.\26\ According to the World Bank, ``High prices and shortages 
resulting from import restrictions make it difficult for many 
businesses to source essential inputs, while power outages have become 
prominent. Investment remains weak, with new business registrations at 
a low level.''\27\ With the exception of the agriculture section, 
profits have declined due to rising costs and limited activity in areas 
as a result of conflict.\28\ Inflation in 2023 has declined slightly to 
14.18 percent, but remains high, albeit with projections that it will 
stabilize in years to come.\29\
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    \24\ The Diplomat, The Unfolding Humanitarian Crisis in Myanmar, 
Sep. 30, 2023, available at https://thediplomat.com/2023/09/the-unfolding-humanitarian-crisis-in-myanmar/ (last visited Nov. 29, 
2023).
    \25\ Reuters, Myanmar economy to remain `severely diminished' 
amid conflict--World Bank, Mar. 30, 2023, available at https://
www.reuters.com/markets/asia/myanmar-economy-remain-severely-
diminished-amid-conflict-world-bank-2023-03-31/
#:~:text=The%20World%20Bank%20said%20Myanmar's,according%20to%20the%2
0World%20Bank (last visited Nov. 29, 2023).
    \26\ The World Bank, Myanmar Economic Monitor June 2023: A 
fragile recovery. Key Findings, June 27, 2023, available at https://www.worldbank.org/en/country/myanmar/publication/myanmar-economic-monitor-june-2023-a-fragile-recovery-key-findings (last visited Nov. 
29, 2023).
    \27\ Id.
    \28\ Id.
    \29\ Statista, Myanmar: Inflation rate from 2008 to 2028, Oct. 
2023, available at https://www.statista.com/statistics/525770/inflation-rate-in-myanmar/ (last visited Nov. 29, 2023).
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    As of February 23, 2024, approximately 4,135 F-1 nonimmigrant 
students from Burma are enrolled at SEVP-certified academic 
institutions in the United States. Given the extent of current armed 
conflict and the current humanitarian crisis in Burma, affected 
students whose primary means of financial support comes from Burma may 
need to be exempt from the normal student employment requirements to 
continue their studies in the United States. Current armed conflict and 
the current humanitarian crisis has made it unfeasible for many 
students to safely return to Burma 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 citizen of Burma, 
regardless of country of birth (or an individual having no nationality 
who last habitually resided in Burma), who already has on-campus or 
off-campus employment authorization and is otherwise eligible may 
benefit under this notice, which suspends certain regulatory 
requirements relating to the minimum course load requirement under 8 
CFR 214.2(f)(6)(i) and certain employment eligibility requirements 
under 8 CFR 214.2(f)(9). Such an eligible F-1 nonimmigrant student may 
benefit without having to apply for a new Form I-766, Employment 
Authorization Document (EAD). To benefit from this notice, the F-1 
nonimmigrant student must request that their designated school official 
(DSO) enter the following statement in the remarks field of the 
student's Student and Exchange Visitor Information System (SEVIS) 
record, which the student's Form I-20, Certificate of Eligibility for 
Nonimmigrant (F-1) Student Status, will reflect:

    Approved for more than 20 hours per week of [DSO must insert 
``on-campus'' or ``off-campus,'' depending upon the type of 
employment authorization the student already has] employment 
authorization and reduced course load under the Special Student 
Relief authorization from [DSO must insert the beginning date of the 
notice or the beginning date of the student's employment, whichever 
date is later] until [DSO must insert either the student's program 
end date, the current EAD expiration date (if the student is 
currently authorized for off-campus employment), or the end date of 
this notice, whichever date comes first].\30\
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    \30\See note 1, supra.
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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'' \31\ 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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    \31\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-

[[Page 20679]]

1 nonimmigrant students who meet the following conditions:
    (1) Are a citizen of Burma regardless of country of birth (or an 
individual having no nationality who last habitually resided in Burma);
    (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 
current armed conflict and the current humanitarian crisis in Burma.
    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 current armed conflict and the 
current humanitarian crisis in Burma).

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 Burma 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 Burma 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].\32\
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    \32\ See note 1, supra.

    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 current armed 
conflict and the current humanitarian crisis in Burma. 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'' \33\ 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.\34\
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    \33\ See 8 CFR 214.2(f)(6).
    \34\ 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

[[Page 20680]]

``full course of study'' \35\ 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.\36\
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    \35\ See 8 CFR 214.2(f)(6).
    \36\ See note 34, supra.
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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 
current armed conflict and the current humanitarian crisis in 
Burma.\37\ Filing instructions are located at https://www.uscis.gov/i-765.
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    \37\ 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).\38\
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    \38\ On January 31, 2024, DHS published a final rule that 
adjusts certain fees and moves the description of the fees for the 
Form I-821 and Form I-765 and the biometric services fee to 8 CFR 
106.2 and the fee waiver-related regulations to 8 CFR 106.3. U.S. 
Citizenship and Immigration Services Fee Schedule and Changes to 
Certain Other Immigration Benefit Request Requirements, 89 FR 6194 
(Jan. 31, 2024) (effective Apr. 1, 2024). Additional information 
about the rule is available on the USCIS website. Frequently Asked 
Questions on the USCIS Fee Rule, USCIS, https://www.uscis.gov/forms/filing-fees/frequently-asked-questions-on-the-uscis-fee-rule (last 
visited Feb. 7, 2024).
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    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 current armed conflict and 
the current humanitarian crisis in Burma.
    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].\39\
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    \39\ See note 1, supra.

    The F-1 nonimmigrant student must then file the properly endorsed 
Form I-20 and Form I-765 according to the instructions for the Form I-
765. The F-1 nonimmigrant student may begin working off campus only 
upon receipt of the EAD from USCIS.
    DSO recommendation. In making a recommendation that an F-1 
nonimmigrant student be approved for Special Student Relief, the DSO 
certifies that:
    (a) The F-1 nonimmigrant student is in good academic standing and 
is carrying a ``full course of study'' \40\ at the time of the request 
for employment authorization;
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    \40\ See 8 CFR 214.2(f)(6).
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    (b) The F-1 nonimmigrant student is a citizen of Burma, regardless 
of country of birth (or an individual having no nationality who last 
habitually resided in Burma), and is experiencing severe economic 
hardship as a direct result of current armed conflict and the current 
humanitarian crisis in Burma, 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; \41\ and
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    \41\ 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 current armed 
conflict and the current humanitarian crisis in Burma.
    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); \42\ and
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    \42\ See note 38, supra.
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    (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.'' \43\ Failure to include this notation may 
result in significant processing delays.
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    \43\ 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,\44\ under this notice has two options.
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    \44\ See DHS Study in the States, Special Student Relief, 
https://studyinthestates.dhs.gov/students/special-student-relief 
(last visited Oct. 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 Burma 
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 November 25, 2025, and to be 
eligible for automatic EAD extensions

[[Page 20681]]

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 Burma 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, including 
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'' \45\ 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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    \45\ 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 current armed conflict and the current 
humanitarian crisis in Burma. 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 November 25, 2025,\46\ to 
eligible F-1 nonimmigrant students. DHS will continue to monitor the 
situation in Burma. 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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    \46\ See note 1, supra.
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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 current 
armed conflict and the current humanitarian crisis in Burma 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. 2024-06096 Filed 3-22-24; 8:45 am]
BILLING CODE 9111-CB-P