Employment Authorization for Certain Palestinian F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of the Current Humanitarian Crisis in the Palestinian Territories, 26156-26161 [2024-07869]
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Federal Register / Vol. 89, No. 73 / Monday, April 15, 2024 / Notices
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BILLING CODE 4140–01–P
DEPARTMENT OF HOMELAND
SECURITY
BILLING CODE 4120–01–P
U.S. Immigration and Customs
Enforcement
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
[Docket No. ICEB–2024–0005]
National Institutes of Health
Employment Authorization for Certain
Palestinian F–1 Nonimmigrant
Students Experiencing Severe
Economic Hardship as a Direct Result
of the Current Humanitarian Crisis in
the Palestinian Territories
RIN 1653–ZA49
National Institute on Drug Abuse;
Notice of Closed Meeting
Pursuant to section 1009 of the
Federal Advisory Committee Act, as
amended, notice is hereby given of the
following meeting.
The meeting will be closed to the
public in accordance with the
provisions set forth in sections
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17:44 Apr 12, 2024
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U.S. Immigration and Customs
Enforcement; Department of Homeland
Security.
ACTION: Notice.
AGENCY:
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The Department of Homeland
Security (DHS) is suspending certain
regulatory requirements for certain
Palestinian F–1 nonimmigrant students
who are experiencing severe economic
hardship as a direct result of the current
humanitarian crisis in the Palestinian
Territories. 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 for certain
Palestinian F–1 nonimmigrant students
covered by this notice began on
February 14, 2024, and ends on August
13, 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
(ICE), 500 12th Street SW, Washington,
DC 20536–5600; email: sevp@
ice.dhs.gov, telephone: (703) 603–3400.
This is not a toll-free number. Program
information can be found at https://
www.ice.gov/sevis/.
SUPPLEMENTARY INFORMATION: For the
purposes of this Notice, ICE intends to
cover non-U.S. citizens of any
nationality, or without nationality, who
are Palestinian. F–1 nonimmigrant
students who possesses any of the
following authentic documents,1 though
not limited to the list below, regardless
of the document’s validity period 2 or
expiration may be eligible for this relief:
• a Palestinian Authority Passport;
• a Palestinian Authority
Identification Card;
• a Birth Certificate or Birth Extract
verified or issued by a recognized
governmental authority identifying the
holder as having been born in the
Palestinian Territories;
• an identification document issued
by a third country, the United Nations,
its specialized agencies and related
organizations, or the International
Committee of the Red Cross, indicating
the holder is a Palestinian; or
• a travel document issued by a third
country, the United Nations, its
SUMMARY:
1 On June 14, 2007, Hamas, designated as a
foreign terrorist organization by the Secretary of
State in accordance with INA section 219, took de
facto administrative control of Gaza, including
issuance of civil documents for the territory.
Identity documents issued by Hamas after June 14,
2007, will not be accepted, unless verified by the
Palestinian Authority in the West Bank.
2 The term validity period is used in reference to
the length of time a document can be used for
purposes of travel or identification prior to the
expiration date.
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specialized agencies and related
organizations, or the International
Committee of the Red Cross, identifying
the holder as a Palestinian.
What action is DHS taking under this
notice?
The Secretary is exercising the
authority under 8 CFR 214.2(f)(9) to
temporarily suspend the applicability of
certain requirements governing oncampus and off-campus employment for
certain F–1 nonimmigrant students who
are Palestinian, who were lawfully
present in the United States in F–1
nonimmigrant student status as of
February 14, 2024, and who are
experiencing severe economic hardship
as a direct result of the current
humanitarian crisis in the Palestinian
Territories. Effective with this
publication, suspension of the
employment limitations is available
through August 13, 2025, for those who
were in lawful F–1 nonimmigrant status
on February 14, 2024. 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.3 See 8 CFR
214.2(f)(6)(i)(F).
ddrumheller on DSK120RN23PROD with NOTICES1
Who is covered by this notice?
This notice applies exclusively to F–
1 nonimmigrant students who meet all
of the following conditions:
(1) Possesses any authentic document
described in the Supplementary
Information section of this Notice;
(2) Were lawfully present in the
United States on February 14, 2024, 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
humanitarian crisis in the Palestinian
Territories.
3 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 August 14, 2025, provided the
student satisfies the minimum course load
requirements in this notice.
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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 certain Palestinian F–1 nonimmigrant
students experiencing severe economic
hardship due to the current
humanitarian crisis in the Palestinian
Territories. Based on its review of the
conditions in the Palestinian Territories
and input received from the U.S.
Department of State (DOS), DHS is
taking action to allow certain eligible
Palestinian F–1 nonimmigrant students
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.
On February 14, 2024, President
Joseph Biden issued a memorandum to
the Secretary of State and the Secretary
of DHS to defer for 18 months the
removal of certain Palestinians present
in the United States by implementing
Deferred Enforced Departure (DED) for
those eligible individuals.4 This action
came in the wake of the October 7, 2023,
terrorist attack by Hamas against Israel,
and Israel’s ensuing military response,
which has resulted in the humanitarian
conditions in the Palestinian Territories,
primarily Gaza, significantly
deteriorating. Because of these
conditions, DHS is now taking action so
eligible Palestinian F–1 nonimmigrant
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 F–1
nonimmigrant student status.
What is the minimum course load
requirement to maintain valid F–1
nonimmigrant status under this notice?
Undergraduate F–1 nonimmigrant
students who receive on-campus or offcampus employment authorization
under this notice must remain registered
for a minimum of six semester or
4 Memorandum on the Deferred Enforced
Departure for Certain Palestinians, The White
House, Feb. 14, 2024, available at https://
www.whitehouse.gov/briefing-room/presidentialactions/2024/02/14/memorandum-on-the-deferredenforced-departure-for-certain-palestinians/ (last
visited Feb. 27, 2024).
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quarter hours of instruction per
academic term. Undergraduate F–1
nonimmigrant students enrolled in a
term of different duration must register
for at least one half of the credit hours
normally required under a ‘‘full course
of study.’’ See 8 CFR 214.2(f)(6)(i)(B)
and (F). A graduate-level F–1
nonimmigrant student who receives oncampus or off-campus employment
authorization under this notice must
remain registered for a minimum of
three semester or quarter hours of
instruction per academic term. See 8
CFR 214.2(f)(5)(v). Nothing in this
notice affects the applicability of other
minimum course load requirements set
by the academic institution.
In addition, an F–1 nonimmigrant
student (either undergraduate or
graduate) granted on-campus or offcampus employment authorization
under this notice may count up to the
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 Palestinian, who already has oncampus 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
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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 ‘‘offcampus,’’ 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 offcampus employment), or the end date of this
notice, whichever date comes first].5
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’’?
ddrumheller on DSK120RN23PROD with NOTICES1
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’’ 6 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.
5 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 August 14, 2025, provided the
student satisfies the minimum course load
requirements in this notice.
6 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 while in F–2
nonimmigrant status. See 8 CFR
214.2(f)(15)(i).
Will the suspension of the applicability
of the standard student employment
requirements apply to an individual
who received 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) Possesses any authentic document
described in the SUPPLEMENTARY
INFORMATION section of this Notice;
(2) Were lawfully present in the
United States on February 14, 2024, 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
humanitarian crisis in the Palestinian
Territories.
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 humanitarian crisis
in the Palestinian Territories).
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
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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
Palestinian F–1 nonimmigrant students
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 8 CFR
214.2(f)(6)(i)(E). The suspension of
certain regulatory requirements related
to employment through this notice is
applicable to all eligible F–1
nonimmigrant students regardless of
educational level. Eligible Palestinian
F–1 nonimmigrant students enrolled in
an elementary school, middle school, or
high school do 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].7
7 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
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To obtain on-campus employment
authorization, the F–1 nonimmigrant
student must demonstrate to the DSO
that the employment is necessary to
avoid severe economic hardship directly
resulting from the current humanitarian
crisis in the Palestinian Territories. An
F–1 nonimmigrant student authorized
by the DSO to engage in on-campus
employment by means of this notice
does not need to file any applications
with U.S. Citizenship and Immigration
Services (USCIS). The standard rules
permitting full-time employment oncampus when school is not in session or
during school vacations apply, as
described in 8 CFR 214.2(f)(9)(i).
Will an F–1 nonimmigrant student who
receives on-campus employment
authorization under this notice have
authorization to reduce the normal
course load and still maintain his or her
F–1 nonimmigrant student status?
Yes. DHS will deem an F–1
nonimmigrant student who receives oncampus employment authorization
under this notice to be engaged in a
‘‘full course of study’’ 8 for the purpose
of maintaining their F–1 nonimmigrant
student status for the duration of the oncampus employment, if the student
satisfies the minimum course load
requirement described in this notice,
consistent with 8 CFR 214.2(f)(6)(i)(F).
However, the authorization to reduce
the normal course load is solely for DHS
purposes of determining valid F–1
nonimmigrant student status. Nothing
in this notice mandates that school
officials allow an F–1 nonimmigrant
student to take a reduced course load if
the reduction would not meet the
academic institution’s minimum course
load requirement for continued
enrollment.9
Off-Campus Employment Authorization
What regulatory requirements does this
notice temporarily suspend relating to
off-campus employment?
ddrumheller on DSK120RN23PROD with NOTICES1
For an F–1 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:
end of any academic term for which such student
is matriculated as of August 14, 2025, provided the
student satisfies the minimum course load
requirements in this notice.
8 See 8 CFR 214.2(f)(6).
9 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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(a) The requirement that a student
must have been in F–1 nonimmigrant
student status for one full academic year
to be eligible for off-campus
employment;
(b) The requirement that an F–1
nonimmigrant student must
demonstrate that acceptance of
employment will not interfere with the
student’s carrying a full course of study;
(c) The requirement that limits an F–
1 nonimmigrant student’s employment
authorization to no more than 20 hours
per week of off-campus employment
while the school is in session; and
(d) The requirement that the student
demonstrate that employment under 8
CFR 214.2(f)(9)(i) is unavailable or
otherwise insufficient to meet the needs
that have arisen as a result of the
unforeseen circumstances.
Will an F–1 nonimmigrant student who
receives off-campus employment
authorization under this notice have
authorization to reduce the normal
course load and still maintain F–1
nonimmigrant status?
Yes. DHS will deem an F–1
nonimmigrant student who receives offcampus employment authorization by
means of this notice to be engaged in a
‘‘full course of study’’ 10 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.11
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 humanitarian crisis in the
10 See
8 CFR 214.2(f)(6).
course load requirement for
enrollment in a school must be established in a
publicly available document (e.g., catalog, website,
or operating procedure), and it must be a standard
applicable to all students (U.S. citizens and foreign
students) enrolled at the school.
11 Minimum
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Palestinian Territories.12 Filing
instructions are located at https://
www.uscis.gov/i-765.
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 offcampus employment authorization due
to severe economic hardship must
demonstrate the following to their DSO:
(1) This employment is necessary to
avoid severe economic hardship; and
(2) The hardship is a direct result of
the current humanitarian crisis in the
Palestinian Territories.
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].13
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
12 See
8 CFR 274a.12(c)(3)(iii).
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 August 14, 2025, provided the
student satisfies the minimum course load
requirements in this notice.
13 Because
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carrying a ‘‘full course of study’’ 14 at the
time of the request for employment
authorization;
(b) The F–1 nonimmigrant student is
a Palestinian, and is experiencing severe
economic hardship as a direct result of
the current humanitarian crisis in the
Palestinian Territories, 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 at the
graduate level; 15 and
(d) The off-campus employment is
necessary to alleviate severe economic
hardship to the individual as a direct
result of the current humanitarian crisis
in the Palestinian Territories.
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 all of 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.’’ 16 Failure to
include this notation may result in
significant processing delays.
If USCIS approves the student’s Form
I–765, USCIS will send the student a
Form I–766 EAD as evidence of
employment authorization. The EAD
will contain an expiration date that does
not exceed the end of the granted
temporary relief.
14 See
8 CFR 214.2(f)(6).
CFR 214.2(f)(5)(v).
16 Guidance for direct filing addresses can be
found here: https://www.uscis.gov/i-765-addresses.
15 8
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17:44 Apr 12, 2024
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Deferred Enforced Departure (DED)
Considerations
graduate level). See 8 CFR 214.2(f)(5)(v),
214.2(f)(6), 214.2(f)(9)(i) and (ii).
Can an F–1 nonimmigrant student apply
for a DED-related EAD and for benefits
under this notice at the same time?
Yes. Although they are not required to
apply for a DED-related EAD, if an
eligible F–1 nonimmigrant student
wants to obtain such an EAD, the
student must file Form I–765 and pay
the related fee (or request a fee waiver).
The F–1 student may also apply for
Special Student Relief under this notice
by requesting that the DSO notate on
their Form I–20 in SEVIS that the
student has been authorized to carry a
reduced course load and is permitted to
work an increased number of hours
under Special Student Relief while
school is in session. The DSO should
also notate on the Form I–20 that the
student is working pursuant to a DEDrelated EAD. As long as the F–1
nonimmigrant student maintains the
minimum course load described in this
notice, does not otherwise violate the
student’s nonimmigrant status,
including as provided under 8 CFR
214.1(g), and remains covered under
DED, then the student maintains F–1
nonimmigrant status and DED
concurrently.
How does an F–1 student who has
received a DED-related EAD then apply
for authorization to take a reduced
course load under this notice?
When a student applies simultaneously
for a DED-related EAD 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’’ 17 unless or until the F–1
nonimmigrant student is granted
employment authorization under this
notice. DED-related employment
authorization, by itself, does not
authorize a nonimmigrant student to
drop below twelve credit hours, or
otherwise applicable minimum
requirements (e.g., clock hours for nontraditional academic programs). Once
approved for a DED-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 the student is at the undergraduate
level, or a minimum of three semester
or quarter hours of instruction per
academic term if the student is at the
17 See
PO 00000
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Frm 00041
Fmt 4703
Sfmt 4703
There is no further application
process with USCIS if a student has
been approved for a DED-related EAD.
However, the F–1 nonimmigrant student
must demonstrate and provide
documentation to the DSO of severe
economic hardship as a direct result of
the current humanitarian crisis in the
Palestinian Territories. The DSO will
then verify and update the student’s
SEVIS record to enable the F–1
nonimmigrant student with DED to
reduce their 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
a DED-related EAD apply for
reinstatement to F–1 nonimmigrant
student status after the noncitizen’s F–
1 nonimmigrant student status has
lapsed?
Yes. Current 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 might apply
to students who worked on a DEDrelated EAD or dropped their course
load before February 14, 2024, and
therefore fell out of F–1 nonimmigrant
status. The student 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
through August 13, 2025,18 to eligible
F–1 nonimmigrant students. DHS will
continue to monitor the situation in the
Palestinian Territories. Should the
special provisions authorized by this
notice need modification or extension,
DHS will announce such changes in the
Federal Register.
18 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 August 14, 2025, provided the
student satisfies the minimum course load
requirement in this notice.
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Paperwork Reduction Act (PRA)
An F–1 nonimmigrant student seeking
off-campus employment authorization
due to severe economic hardship
resulting from the current humanitarian
crisis in the Palestinian Territories must
demonstrate to the DSO that this
employment is necessary to avoid
severe economic hardship. A DSO who
agrees that a nonimmigrant student
should receive such employment
authorization must recommend an
application approval to USCIS by
entering information in the remarks
field of the student’s SEVIS record. The
authority to collect this information is
in the SEVIS collection of information
currently approved by the Office of
Management and Budget (OMB) under
OMB Control Number 1653–0038.
This notice also allows an eligible F–
1 nonimmigrant student to request
employment authorization, work an
increased number of hours while the
academic institution is in session, and
reduce their course load while
continuing to maintain F–1
nonimmigrant student status.
To apply for employment
authorization, certain F–1
nonimmigrant students must complete
and submit a currently approved Form
I–765 according to the instructions on
the form. OMB has previously approved
the collection of information contained
on the current Form I–765, consistent
with the PRA (OMB Control No. 1615–
0040). Although there will be a slight
increase in the number of Form I–765
filings because of this notice, the
number of filings currently contained in
the OMB annual inventory for Form I–
765 is sufficient to cover the additional
filings. Accordingly, there is no further
action required under the PRA.
Alejandro Mayorkas,
Secretary, U.S. Department of Homeland
Security.
[FR Doc. 2024–07869 Filed 4–12–24; 11:15 am]
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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
U.S. Immigration and Customs
Enforcement; Department of Homeland
Security.
ACTION: Notice.
AGENCY:
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: sevp@ice.dhs.gov,
telephone: (703) 603–3400. This is not
a toll-free number. Program information
can be found at https://www.ice.gov/
sevis/.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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
PO 00000
Frm 00042
Fmt 4703
Sfmt 4703
26161
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).
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
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.
E:\FR\FM\15APN1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 73 (Monday, April 15, 2024)]
[Notices]
[Pages 26156-26161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07869]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Immigration and Customs Enforcement
[Docket No. ICEB-2024-0005]
RIN 1653-ZA49
Employment Authorization for Certain Palestinian F-1 Nonimmigrant
Students Experiencing Severe Economic Hardship as a Direct Result of
the Current Humanitarian Crisis in the Palestinian Territories
AGENCY: U.S. Immigration and Customs Enforcement; Department of
Homeland Security.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Department of Homeland Security (DHS) is suspending
certain regulatory requirements for certain Palestinian F-1
nonimmigrant students who are experiencing severe economic hardship as
a direct result of the current humanitarian crisis in the Palestinian
Territories. 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 for certain Palestinian F-1 nonimmigrant students
covered by this notice began on February 14, 2024, and ends on August
13, 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 (ICE), 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: For the purposes of this Notice, ICE intends
to cover non-U.S. citizens of any nationality, or without nationality,
who are Palestinian. F-1 nonimmigrant students who possesses any of the
following authentic documents,\1\ though not limited to the list below,
regardless of the document's validity period \2\ or expiration may be
eligible for this relief:
---------------------------------------------------------------------------
\1\ On June 14, 2007, Hamas, designated as a foreign terrorist
organization by the Secretary of State in accordance with INA
section 219, took de facto administrative control of Gaza, including
issuance of civil documents for the territory. Identity documents
issued by Hamas after June 14, 2007, will not be accepted, unless
verified by the Palestinian Authority in the West Bank.
\2\ The term validity period is used in reference to the length
of time a document can be used for purposes of travel or
identification prior to the expiration date.
---------------------------------------------------------------------------
a Palestinian Authority Passport;
a Palestinian Authority Identification Card;
a Birth Certificate or Birth Extract verified or issued by
a recognized governmental authority identifying the holder as having
been born in the Palestinian Territories;
an identification document issued by a third country, the
United Nations, its specialized agencies and related organizations, or
the International Committee of the Red Cross, indicating the holder is
a Palestinian; or
a travel document issued by a third country, the United
Nations, its
[[Page 26157]]
specialized agencies and related organizations, or the International
Committee of the Red Cross, identifying the holder as a Palestinian.
What action is DHS taking under this notice?
The Secretary is exercising the authority under 8 CFR 214.2(f)(9)
to temporarily suspend the applicability of certain requirements
governing on-campus and off-campus employment for certain F-1
nonimmigrant students who are Palestinian, who were lawfully present in
the United States in F-1 nonimmigrant student status as of February 14,
2024, and who are experiencing severe economic hardship as a direct
result of the current humanitarian crisis in the Palestinian
Territories. Effective with this publication, suspension of the
employment limitations is available through August 13, 2025, for those
who were in lawful F-1 nonimmigrant status on February 14, 2024. 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.\3\ See 8 CFR
214.2(f)(6)(i)(F).
---------------------------------------------------------------------------
\3\ 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 August 14, 2025, provided the student satisfies the minimum
course load requirements in this notice.
---------------------------------------------------------------------------
Who is covered by this notice?
This notice applies exclusively to F-1 nonimmigrant students who
meet all of the following conditions:
(1) Possesses any authentic document described in the Supplementary
Information section of this Notice;
(2) Were lawfully present in the United States on February 14,
2024, 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 humanitarian crisis in the Palestinian Territories.
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 certain Palestinian F-1
nonimmigrant students experiencing severe economic hardship due to the
current humanitarian crisis in the Palestinian Territories. Based on
its review of the conditions in the Palestinian Territories and input
received from the U.S. Department of State (DOS), DHS is taking action
to allow certain eligible Palestinian F-1 nonimmigrant students 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.
On February 14, 2024, President Joseph Biden issued a memorandum to
the Secretary of State and the Secretary of DHS to defer for 18 months
the removal of certain Palestinians present in the United States by
implementing Deferred Enforced Departure (DED) for those eligible
individuals.\4\ This action came in the wake of the October 7, 2023,
terrorist attack by Hamas against Israel, and Israel's ensuing military
response, which has resulted in the humanitarian conditions in the
Palestinian Territories, primarily Gaza, significantly deteriorating.
Because of these conditions, DHS is now taking action so eligible
Palestinian F-1 nonimmigrant 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 F-1
nonimmigrant student status.
---------------------------------------------------------------------------
\4\ Memorandum on the Deferred Enforced Departure for Certain
Palestinians, The White House, Feb. 14, 2024, available at https://www.whitehouse.gov/briefing-room/presidential-actions/2024/02/14/memorandum-on-the-deferred-enforced-departure-for-certain-palestinians/ (last visited Feb. 27, 2024).
---------------------------------------------------------------------------
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 Palestinian, 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
[[Page 26158]]
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].\5\
---------------------------------------------------------------------------
\5\ 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 August 14, 2025, provided the student satisfies the minimum
course load requirements in this notice.
Must the F-1 nonimmigrant student apply for reinstatement after
expiration of this special employment authorization if the student
reduces his or her ``full course of study''?
No. DHS will deem an F-1 nonimmigrant student who receives and
comports with the employment authorization permitted under this notice
to be engaged in a ``full course of study'' \6\ 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.
---------------------------------------------------------------------------
\6\ See 8 CFR 214.2(f)(6).
---------------------------------------------------------------------------
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 while in F-2 nonimmigrant status. See 8 CFR
214.2(f)(15)(i).
Will the suspension of the applicability of the standard student
employment requirements apply to an individual who received 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) Possesses any authentic document described in the SUPPLEMENTARY
INFORMATION section of this Notice;
(2) Were lawfully present in the United States on February 14,
2024, 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 humanitarian crisis in the Palestinian Territories.
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 humanitarian crisis
in the Palestinian Territories).
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 Palestinian F-1 nonimmigrant students 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 8
CFR 214.2(f)(6)(i)(E). The suspension of certain regulatory
requirements related to employment through this notice is applicable to
all eligible F-1 nonimmigrant students regardless of educational level.
Eligible Palestinian F-1 nonimmigrant students enrolled in an
elementary school, middle school, or high school do 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].\7\
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\7\ 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 August 14, 2025, provided the student satisfies the minimum
course load requirements in this notice.
[[Page 26159]]
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To obtain on-campus employment authorization, the F-1 nonimmigrant
student must demonstrate to the DSO that the employment is necessary to
avoid severe economic hardship directly resulting from the current
humanitarian crisis in the Palestinian Territories. An F-1 nonimmigrant
student authorized by the DSO to engage in on-campus employment by
means of this notice does not need to file any applications with U.S.
Citizenship and Immigration Services (USCIS). The standard rules
permitting full-time employment on-campus when school is not in session
or during school vacations apply, as described in 8 CFR 214.2(f)(9)(i).
Will an F-1 nonimmigrant student who receives on-campus employment
authorization under this notice have authorization to reduce the normal
course load and still maintain his or her F-1 nonimmigrant student
status?
Yes. DHS will deem an F-1 nonimmigrant student who receives on-
campus employment authorization under this notice to be engaged in a
``full course of study'' \8\ 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.\9\
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\8\ See 8 CFR 214.2(f)(6).
\9\ 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 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'' \10\ 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.\11\
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\10\ See 8 CFR 214.2(f)(6).
\11\ Minimum course load requirement for enrollment in a school
must be established in a publicly available document (e.g., catalog,
website, or operating procedure), and it must be a standard
applicable to all students (U.S. citizens and foreign students)
enrolled at the school.
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How may an eligible F-1 nonimmigrant student obtain employment
authorization for off-campus employment with a reduced course load
under this notice?
An F-1 nonimmigrant student must file a Form I-765, Application for
Employment Authorization, with USCIS to apply for off-campus employment
authorization based on severe economic hardship directly resulting from
the current humanitarian crisis in the Palestinian Territories.\12\
Filing instructions are located at https://www.uscis.gov/i-765.
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\12\ 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 humanitarian
crisis in the Palestinian Territories.
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].\13\
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\13\ 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 August 14, 2025, provided the student satisfies the minimum
course load requirements in this notice.
The F-1 nonimmigrant student must then file the properly endorsed
Form I-20 and Form I-765 according to the instructions for the Form I-
765. The F-1 nonimmigrant student may begin working off-campus only
upon receipt of the EAD from USCIS.
DSO recommendation. In making a recommendation that an F-1
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
[[Page 26160]]
carrying a ``full course of study'' \14\ at the time of the request for
employment authorization;
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\14\ See 8 CFR 214.2(f)(6).
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(b) The F-1 nonimmigrant student is a Palestinian, and is
experiencing severe economic hardship as a direct result of the current
humanitarian crisis in the Palestinian Territories, 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 at the graduate
level; \15\ and
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\15\ 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
humanitarian crisis in the Palestinian Territories.
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 all of 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.'' \16\ Failure to include this notation may
result in significant processing delays.
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\16\ 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.
Deferred Enforced Departure (DED) Considerations
Can an F-1 nonimmigrant student apply for a DED-related EAD and for
benefits under this notice at the same time?
Yes. Although they are not required to apply for a DED-related EAD,
if an eligible F-1 nonimmigrant student wants to obtain such an EAD,
the student must file Form I-765 and pay the related fee (or request a
fee waiver). The F-1 student may also apply for Special Student Relief
under this notice by requesting that the DSO notate on their Form I-20
in SEVIS that the student has been authorized to carry a reduced course
load and is permitted to work an increased number of hours under
Special Student Relief while school is in session. The DSO should also
notate on the Form I-20 that the student is working pursuant to a DED-
related EAD. As long as the F-1 nonimmigrant student maintains the
minimum course load described in this notice, does not otherwise
violate the student's nonimmigrant status, including as provided under
8 CFR 214.1(g), and remains covered under DED, then the student
maintains F-1 nonimmigrant status and DED concurrently.
When a student applies simultaneously for a DED-related EAD 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'' \17 \unless or until the F-
1 nonimmigrant student is granted employment authorization under this
notice. DED-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 DED-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 the
student is at the undergraduate level, or a minimum of three semester
or quarter hours of instruction per academic term if the student is at
the graduate level). See 8 CFR 214.2(f)(5)(v), 214.2(f)(6),
214.2(f)(9)(i) and (ii).
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\17\ See 8 CFR 214.2(f)(6).
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How does an F-1 student who has received a DED-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 DED-related EAD. However, the F-1 nonimmigrant
student must demonstrate and provide documentation to the DSO of severe
economic hardship as a direct result of the current humanitarian crisis
in the Palestinian Territories. The DSO will then verify and update the
student's SEVIS record to enable the F-1 nonimmigrant student with DED
to reduce their 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 a DED-related EAD apply for
reinstatement to F-1 nonimmigrant student status after the noncitizen's
F-1 nonimmigrant student status has lapsed?
Yes. Current 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 might apply to students who worked on a
DED-related EAD or dropped their course load before February 14, 2024,
and therefore fell out of F-1 nonimmigrant status. The student 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 through August 13, 2025,\18\ to
eligible F-1 nonimmigrant students. DHS will continue to monitor the
situation in the Palestinian Territories. 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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\18\ 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 August 14, 2025, provided the student satisfies the minimum
course load requirement in this notice.
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[[Page 26161]]
Paperwork Reduction Act (PRA)
An F-1 nonimmigrant student seeking off-campus employment
authorization due to severe economic hardship resulting from the
current humanitarian crisis in the Palestinian Territories must
demonstrate to the DSO that this employment is necessary to avoid
severe economic hardship. A DSO who agrees that a nonimmigrant student
should receive such employment authorization must recommend an
application approval to USCIS by entering information in the remarks
field of the student's SEVIS record. The authority to collect this
information is in the SEVIS collection of information currently
approved by the Office of Management and Budget (OMB) under OMB Control
Number 1653-0038.
This notice also allows an eligible F-1 nonimmigrant student to
request employment authorization, work an increased number of hours
while the academic institution is in session, and reduce their course
load while continuing to maintain F-1 nonimmigrant student status.
To apply for employment authorization, certain F-1 nonimmigrant
students must complete and submit a currently approved Form I-765
according to the instructions on the form. OMB has previously approved
the collection of information contained on the current Form I-765,
consistent with the PRA (OMB Control No. 1615-0040). Although there
will be a slight increase in the number of Form I-765 filings because
of this notice, the number of filings currently contained in the OMB
annual inventory for Form I-765 is sufficient to cover the additional
filings. Accordingly, there is no further action required under the
PRA.
Alejandro Mayorkas,
Secretary, U.S. Department of Homeland Security.
[FR Doc. 2024-07869 Filed 4-12-24; 11:15 am]
BILLING CODE 9111-CB-P
