Employment Authorization for Ethiopian F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of the Current Armed Conflict and the Current Humanitarian Crisis in Ethiopia, 26161-26167 [2024-07642]

Agencies

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

[Federal Register Volume 89, Number 73 (Monday, April 15, 2024)]
[Notices]
[Pages 26161-26167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07642]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Immigration and Customs Enforcement

[Docket No. ICEB-2024-0004]
RIN 1653-ZA48


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

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 
regulatory requirements for F-1 nonimmigrant students from Ethiopia who 
are experiencing severe economic hardship as a direct result of the 
current armed conflict and the current humanitarian crisis in Ethiopia. 
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 June 13, 2024, through December 12, 
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 Ethiopia regardless of country of birth (or 
individuals having no nationality who last habitually resided in 
Ethiopia), 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 current armed conflict and the current humanitarian crisis in 
Ethiopia. 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 December 12, 
2022, was effective from December 12, 2022, through June 12, 2024. See 
87 FR 76068 (Dec. 12, 2022). Effective with this publication, 
suspension of the employment limitations is available through December 
12, 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 December 12, 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 Ethiopia regardless of country of birth (or an 
individual having no nationality who last habitually resided in 
Ethiopia);
    (2) Were lawfully present in the United States on the date of 
publication of this notice in F-1 nonimmigrant status under section 
101(a)(15)(F)(i) of the Immigration and Nationality Act (INA), 8 U.S.C. 
1101(a)(15)(F)(i);
    (3) Are enrolled in an academic institution that is Student and 
Exchange Visitor Program (SEVP)-certified for enrollment for F-1 
nonimmigrant students;
    (4) Are currently maintaining F-1 nonimmigrant status; and
    (5) Are experiencing severe economic hardship as a direct result of 
the current armed conflict and the current humanitarian crisis in 
Ethiopia.
    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

[[Page 26162]]

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 Ethiopian F-1 
nonimmigrant students experiencing severe economic hardship due to the 
current armed conflict and the current humanitarian crisis in Ethiopia. 
Based on its review of country conditions in Ethiopia and input 
received from the U.S. Department of State (DOS), DHS is taking action 
to allow eligible F-1 nonimmigrant students from Ethiopia 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 November 2020, fighting between the Ethiopian National Defense 
Forces (ENDF) \2\ and the Tigray People's Liberation Front (TPLF) \3\ 
resulted in a protracted conflict in the northern Tigray region, and 
reports of serious and widespread abuses.\4\ Violence spread to 
neighboring Afar and Amhara regions, resulting in ``mass displacement 
and a worsening of the humanitarian situation'' in all three 
regions.\5\ In November 2022, the Ethiopian federal government and the 
TPLF signed the cessation of hostilities agreement (COHA) with the goal 
of ensuring ``peace and improved access in Northern Ethiopia regions of 
Afar, Amhara, and Tigray.'' \6\ However, in 2023, fighting broke out 
between the ENDF and the Fano militia, a non-state militia in Amhara, 
and violence elsewhere in Ethiopia has escalated. In addition to the 
conflict in Ethiopia, the human rights situation in Ethiopia has 
deteriorated in recent months. The humanitarian situation has also 
degenerated, partially due to the uptick in armed clashes, as well as 
other factors including significant food insecurity, disease, and 
internal displacement.
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    \2\ The Ethiopian National Defense Force is Ethiopia's military 
comprised of an army and air force. ENDF currently has four regional 
commands: Northern, Eastern, Western and Southern Commands. Security 
situation in Tigray region between 1 March 2020-28 February 2021, 
EASO, March 30, 2021, available at https://www.ecoi.net/en/file/local/2048047/2021_03_Q-02_EASO_COI_QUERY_Ethiopia_Tigray.pdf (last 
visited on Dec. 13, 2023).
    \3\ The TPLF was the ruling party of the Tigray regional 
government, and between 1991 through 2018 was the dominant ruling 
party in Ethiopia's former coalition government--the Ethiopian 
People's Democratic Front (EPRDF). Security situation in Tigray 
region between 1 March 2020-28 February 2021, EASO, March 30, 2021, 
available at https://www.ecoi.net/en/file/local/2048047/2021_03_Q-02_EASO_COI_QUERY_Ethiopia_Tigray.pdf (last visited on Dec. 13, 
2023).
    \4\ 2020 Country Reports on Human Rights Practices: Ethiopia, 
U.S Department of State, March 30, 2021, available at https://www.state.gov/wp-content/uploads/2021/03/ETHIOPIA-2020-HUMAN-RIGHTS-REPORT.pdf (last visited on Dec. 13, 2023).
    \5\ Ethiopia Response to the Tigray Crisis--Situation Report, UN 
Population Fund, August 15-31, 2021, available at https://reliefweb.int/sites/reliefweb.int/files/resources/unfpa_extsitrep_15-31_august_tigrayresponse.pdf (last visited on 
Dec. 13, 2023).
    \6\ Ethiopia: Protection Cluster National Strategy 2023-2025, 
Protection Cluster, UNHCR, Nov. 3, 2023, available at https://reliefweb.int/report/ethiopia/ethiopia-protection-cluster-national-strategy-2023-2025 (last visited don Dec. 6, 2023).
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Security Concerns

    Despite the COHA and improvements in the northern Tigray region, 
violence has continued, or escalated, in other parts of the country.\7\ 
In the Amhara region, rising insecurity and violence led the Ethiopian 
government to declare a state of emergency in August 2023.\8\ In Oromia 
in May 2023, clashes between the Ethiopian federal government and Oromo 
Liberation Army-Shane (OLA-Shane) \9\ led ``to violence levels 
comparable to those throughout 2022.'' \10\ Moreover, in December 2023, 
ACLED reported that political violence persisted along the regional 
border between the Oromia and Amhara regions.\11\
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    \7\ Humanitarian Response Plan Ethiopia, UNOCHA, February 2023, 
available at https://humanitarianaction.info/plan/1128/article/ethiopia-hrp-2023#page-title (last visited Feb. 27, 2024).
    \8\ UN International Commission of Human Rights Experts on 
Ethiopia, UN Human Rights Council, October 3, 2023, available at 
https://www.ohchr.org/sites/default/files/documents/hrbodies/hrcouncil/chreetiopia/A-HRC-54-CRP-2.pdf (last visited on Nov. 21, 
2023).
    \9\ In April 2019, OLA-Shane spilt from the main opposition 
group from Oromia, the Oromo Liberation Front ``due to disagreement 
over disarming its fighters'' as part of the peace agreements 
between the EPP and OLF. EPO Actor Profiles--OLA-Shane, ACLED, 
available at https://epo.acleddata.com/actor-profiles/#1622661802591-0e52a034-00f0 (last visited on Dec. 13, 2023).
    \10\ Violence Returns to Oromia Despite Attempted Peace Talks, 
ACLED-Ethiopia Peace Observatory, May 2023, available at https://epo.acleddata.com/2023/06/22/epo-may-2023-monthly-violence-returns-to-oromia-despite-attempted-peace-talks/ (last visited on Nov. 21, 
2023).
    \11\ EPO Weekly Report, ACLED, December 6, 2023, available at 
https://epo.acleddata.com/2023/12/06/epo-weekly-25-november-1-december-2023/ (last visited on Dec. 6, 2023).
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Humanitarian Concerns

    Though the COHA was signed in November 2022, Northern Ethiopia has 
faced increasing demands for humanitarian and protection services.\12\ 
Rising insecurity also led to increased displacement and protection 
risks in the Amhara region, and along its regional border with 
Tigray.\13\ In October 2023, the International Commission of Human 
Rights Experts on Ethiopia (ICHREE) stated that state and non-state 
armed groups in Ethiopia had committed human rights violations.\14\
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    \12\ Ethiopia Protection Cluster Update, UNHCR, Protection 
Cluster, November 9, 2023, available at https://reliefweb.int/report/ethiopia/ethiopia-protection-cluster-update-third-quarter-2023, (last visited on Dec. 6, 2023).
    \13\ Id.
    \14\ International Commission of Human Rights Experts on 
Ethiopia, UN Human Rights Council, October 3, 2023, available at 
https://www.ohchr.org/sites/default/files/documents/hrbodies/hrcouncil/chreetiopia/A-HRC-54-CRP-2.pdf (last visited on Nov. 20, 
2023).
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    In November 2023, the United Nations High Commissioner for Refugees 
(UNHCR) assessed that ``children are increasingly resorting to harmful 
activities to cope with the situation, including school drop-out, child 
marriage, sexual exploitation, begging, child labor and theft.'' \15\ 
UNHCR further noted that ``children living in the conflict zones lack 
adequate access to school, food, health care and other essential 
services that meet their specific needs.'' \16\ In addition, in 
Benishangul-Gumuz, Oromia, Gambella, and Somali regions, individuals 
reportedly face increasing protection needs due to inter-communal 
conflict, conflict between government forces and unidentified armed 
groups, drought, flooding, and cholera.\17\
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    \15\ Ethiopia: Protection Cluster National Strategy 2023-2023, 
Protection Cluster, UNHCR, November 3, 2023, available at https://reliefweb.int/report/ethiopia/ethiopia-protection-cluster-national-strategy-2023-2025 (last visited on Dec. 6, 2023).
    \16\ Concluding observations on the second periodic report of 
Ethiopia, UN International Covenant on Civil and Political Rights, 
December 7, 2022, available at https://www.ecoi.net/en/file/local/2083101/G2258918.pdf (last visited on Dec. 13, 2023).
    \17\ Ethiopia Protection Cluster Update, UNHCR, Protection 
Cluster, November 9, 2023, available at https://reliefweb.int/report/ethiopia/ethiopia-protection-cluster-update-third-quarter-2023 (last visited on Dec. 6, 2023).
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    In 2023, food insecurity continued to be a major concern in 
Ethiopia due to multiple challenges, including high malnutrition rates, 
and recent reports of drought-like conditions.\18\ As of September 
2023, ``over 20 million people [are] in urgent need of food assistance 
and agriculture support.'' \19\ This figure represents ``an increase of 
about 150 percent over the last 5

[[Page 26163]]

years.'' \20\ Additionally, high levels of acute malnutrition of 
children under five years of age continued in several regions of the 
country.\21\
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    \18\ Ethiopia Humanitarian Response Situation, UN Population 
Fund, November 30, 2023, available at https://reliefweb.int/report/ethiopia/unfpa-ethiopia-humanitarian-response-situation-report-october-2023, (last visited on Dec. 6, 2023).
    \19\ Northern Ethiopia--Public Health Situation Analysis, World 
Health Organization, September 22, 2023, available at https://reliefweb.int/report/ethiopia/northern-ethiopia-public-health-situation-analysis-phsa-25-august-2023 (last visited on Dec. 6, 
2023).
    \20\ Id.
    \21\ Ethiopia Acute Food Security, FEWS.NE T, October 2023, 
available at https://fews.net/east-africa/ethiopia/food-security-outlook/october2023 (last visited on Dec. 8, 2023).
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Human Rights Concerns

    The UNHCR reported in January 2024, that, ``Access for humanitarian 
actors remains restricted in locations affected by violence (especially 
in Amhara, Oromia, parts of Benishangul Gumuz), while the safety and 
security of the civilian population, including IDPs, is 
deteriorating.\22\ UNHCR further assessed that, ``in conflict-affected-
areas of Northern Ethiopia and Oromia, and in zones impacted by 
recurrent ethnic violence (e.g., along the border between Somali and 
Afar regions), civilians face indiscriminate attacks by both state 
forces and non-state armed groups.'' \23\ There are also increasing 
reports of violations by security forces, including those involving 
excessive use of force and extrajudicial killings.\24\ The ICHREE 
further noted that ``the Ethiopian Government continues to tolerate and 
has failed to hold to account Amhara forces, including fano militia, 
who have perpetrated serious violations against Tigrayan women, men and 
children, in particular in Western Tigray.'' \25\
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    \22\ Protection Cluster Advocacy Messages to address Critical 
Protection Risks and Violations (January 2024), available at https://reliefweb.int/report/ethiopia/protection-cluster-advocacy-messages-address-critical-protection-risks-and-violations-january-2024 (last 
visited Feb. 02, 2024).
    \23\ Ethiopia: Protection Cluster National Strategy 2023-2023, 
Protection Cluster, UNHCR, November 3, 2023, available at https://reliefweb.int/report/ethiopia/ethiopia-protection-cluster-national-strategy-2023-2025 (last visited on Dec. 6, 2023).
    \24\ Id.
    \25\ International Commission on HR Experts on Ethiopia, UN 
Human Rights Council, October 3, 2023, available at https://www.ohchr.org/sites/default/files/documents/hrbodies/hrcouncil/chreetiopia/A-HRC-54-CRP-2.pdf (last visited on Nov. 20, 2023).
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    In March 2023, U.S. Secretary of State Antony Blinken stated the 
following regarding atrocities committed in Tigray, ``members of 
[ENDF], Eritrean Defense Forces (EDF), [TPLF] forces, and Amhara forces 
committed war crimes during the conflict in northern Ethiopia. Members 
of ENDF, EDF, and Amhara forces also committed crimes against humanity, 
including murder, rape and other forms of sexual violence, and 
persecution.'' \26\ Secretary Blinken also stated that members of the 
Amhara forces committed the crime against humanity of deportation or 
forcible transfer of people in western Tigray and also committed ethnic 
cleansing in western Tigray.\27\
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    \26\ War Crimes, Crimes Against Humanity, and Ethnic Cleansing 
in Ethiopia, Press Statement from U.S. Secretary of State, March 20, 
2023, available at https://www.state.gov/war-crimes-crimes-against-humanity-and-ethnic-cleansing-in-ethiopia/ (last visited on Dec. 4, 
2023).
    \27\ Id.
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Economic Concerns

    In 2022, Ethiopia's real GDP growth fell to 5.3 percent from 5.6 
percent in 2021.\28\ However, Ethiopia's GDP remained above the average 
GDP in East Africa.\29\ In 2022, inflation in Ethiopia rose 
significantly to 34 percent from 26.6 percent in the previous year. The 
rise in inflation and decline in growth is largely attributed to the 
impacted caused by internal conflict, Russia's invasion of Ukraine, and 
drought. The African Development Bank Group stated that, ``The fiscal 
deficit widened to 4.2 percent of GDP in 2022 from 2.8 percent in 2021 
due to higher defense spending and weak revenue performance.'' 
Additionally, income per capita in Ethiopia grew by 2.7 percent in 
2022, ``but internal conflict and drought increased humanitarian 
support requirements from 15.8 million people in 2021 to 20 million in 
2022.'' \30\ Other potential impacts on Ethiopia's economic conditions 
include increased internal conflict, growing numbers of displaced 
persons, drought, and outbreak of disease.
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    \28\ Ethiopia Economic Outlook, African Development Bank Group, 
May 24, 2023, available at https://www.afdb.org/en/countries/east-africa/ethiopia/ethiopia-economic-outlook (last visited Jan. 5, 
2024).
    \29\ Id.
    \30\ Id.
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    As of March 19, 2024, 3,620 F-1 nonimmigrant students from Ethiopia 
are enrolled at SEVP-certified academic institutions in the United 
States. Given the extent of the current armed conflict and the current 
humanitarian crisis in Ethiopia, affected students whose primary means 
of financial support comes from Ethiopia may need to be exempt from the 
normal student employment requirements to continue their studies in the 
United States. The current armed conflict and the current humanitarian 
crisis has made it unfeasible for many students to safely return to 
Ethiopia for the foreseeable future. Without employment authorization, 
these students may lack the means to meet basic living expenses.

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

    Undergraduate F-1 nonimmigrant students who receive on-campus or 
off-campus employment authorization under this notice must remain 
registered for a minimum of six semester or quarter hours of 
instruction per academic term. Undergraduate F-1 nonimmigrant students 
enrolled in a term of different duration must register for at least one 
half of the credit hours normally required under a ``full course of 
study.'' See 8 CFR 214.2(f)(6)(i)(B) and (F). A graduate-level F-1 
nonimmigrant student who receives on-campus or off-campus employment 
authorization under this notice must remain registered for a minimum of 
three semester or quarter hours of instruction per academic term. See 8 
CFR 214.2(f)(5)(v). Nothing in this notice affects the applicability of 
other minimum course load requirements set by the academic institution.
    In addition, an F-1 nonimmigrant student (either undergraduate or 
graduate) granted on-campus or off-campus employment authorization 
under this notice may count up to the equivalent of one class or three 
credits per session, term, semester, trimester, or quarter of online or 
distance education toward satisfying this minimum course load 
requirement, unless their course of study is in an English language 
study program. See 8 CFR 214.2(f)(6)(i)(G). An F-1 nonimmigrant student 
attending an approved private school in kindergarten through grade 12 
or public school in grades 9 through 12 must maintain ``class 
attendance for not less than the minimum number of hours a week 
prescribed by the school for normal progress toward graduation,'' as 
required under 8 CFR 214.2(f)(6)(i)(E). Nothing in this notice affects 
the applicability of federal and state labor laws limiting the 
employment of minors.

May an eligible F-1 nonimmigrant student who already has on-campus or 
off-campus employment authorization benefit from the suspension of 
regulatory requirements under this notice?

    Yes. An F-1 nonimmigrant student who is an Ethiopian citizen, 
regardless of country of birth (or an individual having no nationality 
who last habitually resided in Ethiopia), 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

[[Page 26164]]

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].\31\
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    \31\ 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'' \32\ 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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    \32\ 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 Ethiopia regardless of country of birth (or an 
individual having no nationality who last habitually resided in 
Ethiopia);
    (2) Were lawfully present in the United States on the date of 
publication of this notice in F-1 nonimmigrant status, under section 
101(a)(15)(F)(i) of the INA, 8 U.S.C. 1101(a)(15)(F)(i);
    (3) Are enrolled in an academic institution that is SEVP-certified 
for enrollment of F-1 nonimmigrant students;
    (4) Are maintaining F-1 nonimmigrant status; and
    (5) Are experiencing severe economic hardship as a direct result of 
the current armed conflict and the current humanitarian crisis in 
Ethiopia.
    An F-1 nonimmigrant student who does not meet all these 
requirements is ineligible for the suspension of the applicability of 
the standard regulatory requirements (even if experiencing severe 
economic hardship as a direct result of the current armed conflict and 
the current humanitarian crisis in Ethiopia).

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 Ethiopia 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 Ethiopia 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].\33\
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    \33\ 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 the current 
armed conflict and the current humanitarian

[[Page 26165]]

crisis in Ethiopia. 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'' \34\ 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.\35\
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    \34\ See 8 CFR 214.2(f)(6).
    \35\ 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'' \36\ 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.\37\
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    \36\ See 8 CFR 214.2(f)(6).
    \37\ See note 35, 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 
the current armed conflict and the current humanitarian crisis in 
Ethiopia.\38\ Filing instructions are located at https://www.uscis.gov/i-765.
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    \38\ 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 $520 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/i-912. 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 
106.2 and 106.3.
    Supporting documentation. An F-1 nonimmigrant student seeking off-
campus employment authorization due to severe economic hardship must 
demonstrate the following to their DSO:
    (1) This employment is necessary to avoid severe economic hardship; 
and
    (2) The hardship is a direct result of the current armed conflict 
and the current humanitarian crisis in Ethiopia.
    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 Ethiopia, 
regardless of country of birth (or an individual having no nationality 
who last habitually resided in Ethiopia), and is experiencing severe 
economic hardship as a direct result of the current armed conflict and 
the current humanitarian crisis in Ethiopia, 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

[[Page 26166]]

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 the current 
armed conflict and the current humanitarian crisis in Ethiopia.
    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 106.2 and 106.3; 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.'' \42\ Failure to include this notation may 
result in significant processing delays.
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    \42\ 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,\43\ under this notice has two options.
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    \43\ See DHS Study in the States, Special Student Relief, 
https://studyinthestates.dhs.gov/students/special-student-relief 
(last visited Dec. 17, 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 
Ethiopia 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 December 12, 2025, 
and to be eligible for automatic EAD extensions that may be available 
to certain EADs with an A-12 or C-19 category code, they must file Form 
I-765 and pay the Form I-765 fee (or request a fee waiver). After 
receiving the TPS-related EAD, an F-1 nonimmigrant student may request 
that their DSO make the required entry in SEVIS and issue an updated 
Form I-20, which notates that the nonimmigrant student has been 
authorized to carry a reduced course load, as described in this notice. 
As long as the F-1 nonimmigrant student maintains the minimum course 
load described in this notice, does not otherwise violate their 
nonimmigrant status, including as provided under 8 CFR 214.1(g), and 
maintains TPS, then the student maintains F-1 status and TPS 
concurrently.
    Under the second option, the F-1 nonimmigrant student may apply for 
an EAD under Special Student Relief by filing Form I-765 with the 
location specified in the filing instructions. At the same time, the F-
1 nonimmigrant student may file a separate TPS application but must 
submit the Form I-821 according to the instructions provided in the 
Federal Register notice designating Ethiopia 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'' \44\ 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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    \44\ See 8 CFR 214.2(f)(6).
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How does a student who has received a TPS-related EAD then apply for 
authorization to take a reduced course load under this notice?

    There is no further application process with USCIS if a student has 
been approved for a TPS-related EAD. The F-1 nonimmigrant student must 
demonstrate and provide documentation to the DSO of the direct economic 
hardship resulting from the current armed conflict and the current 
humanitarian crisis in Ethiopia. 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-

[[Page 26167]]

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 December 12, 2025,\45\ to 
eligible F-1 nonimmigrant students. DHS will continue to monitor the 
situation in Ethiopia. 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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    \45\ 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 the 
current armed conflict and the current humanitarian crisis in Ethiopia 
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. 2024-07642 Filed 4-12-24; 8:45 am]
BILLING CODE 9111-CB-P