Employment Authorization for Haitian F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of the Current Crisis in Haiti, 54477-54484 [2024-14232]
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Federal Register / Vol. 89, No. 126 / Monday, July 1, 2024 / Notices
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
[OMB Control Number 1651–0048]
Agency Information Collection
Activities; Extension; Declaration of
Person Who Performed Repairs or
Alterations
U.S. Customs and Border
Protection (CBP), Department of
Homeland Security.
ACTION: 60-Day notice and request for
comments.
AGENCY:
The Department of Homeland
Security, U.S. Customs and Border
Protection (CBP) will be submitting the
following information collection request
to the Office of Management and Budget
(OMB) for review and approval in
accordance with the Paperwork
Reduction Act of 1995 (PRA). The
information collection is published in
the Federal Register to obtain comments
from the public and affected agencies.
DATES: Comments are encouraged and
must be submitted (no later than August
30, 2024) to be assured of consideration.
ADDRESSES: Written comments and/or
suggestions regarding the item(s)
contained in this notice must include
the OMB Control Number 1651–0048 in
the subject line and the agency name.
Please submit written comments and/or
suggestions in English. Please use the
following method to submit comments:
Email. Submit comments to: CBP_PRA@
cbp.dhs.gov.
FOR FURTHER INFORMATION CONTACT:
Requests for additional PRA information
should be directed to Seth Renkema,
Chief, Economic Impact Analysis
Branch, U.S. Customs and Border
Protection, Office of Trade, Regulations
and Rulings, 90 K Street NE, 10th Floor,
Washington, DC 20229–1177,
Telephone number 202–325–0056 or via
email CBP_PRA@cbp.dhs.gov. Please
note that the contact information
provided here is solely for questions
regarding this notice. Individuals
seeking information about other CBP
programs should contact the CBP
National Customer Service Center at
877–227–5511, (TTY) 1–800–877–8339,
or CBP website at https://www.cbp
.gov/.
SUPPLEMENTARY INFORMATION: CBP
invites the general public and other
Federal agencies to comment on the
proposed and/or continuing information
collections pursuant to the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501,
et seq.). This process is conducted in
accordance with 5 CFR 1320.8. Written
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SUMMARY:
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comments and suggestions from the
public and affected agencies should
address one or more of the following
four points: (1) whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility; (2) the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used; (3)
suggestions to enhance the quality,
utility, and clarity of the information to
be collected; and (4) suggestions to
minimize the burden of the collection of
information on those who are to
respond, including through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses. The
comments that are submitted will be
summarized and included in the request
for approval. All comments will become
a matter of public record.
Overview of This Information
Collection
Title: Declaration of Person Who
Performed Repairs or Alterations.
OMB Number: 1651–0048.
Form Number: N/A.
Current Actions: This submission will
be made to extend the expiration date
without a change to this information
collection.
Type of Review: Extension (without
change).
Affected Public: Businesses.
Abstract: The ‘‘Declaration of Person
Who Performed Repairs or Alterations,’’
as required by 19 CFR 10.8, is used in
connection with the entry of articles
entered under subheadings 9802.00.40
and 9802.00.50, Harmonized Tariff
Schedule of the United States
(HTSUS 1). Articles entered under these
HTSUS provisions are articles that were
in the United States and exported
temporarily for repairs or alterations,
and then returned to the United States.
Upon their return, duty is only assessed
on the value of the repairs performed
abroad and not on the full value of the
article. The declaration under 19 CFR
10.8(a) includes information such as a
description of the article and the repairs
or alterations; the value of the article
and the repairs or alterations; and a
declaration by the owner, importer,
consignee, or agent having knowledge of
the pertinent facts. The information in
this declaration is used by CBP to
determine the value of the repairs or
1 https://hts.usitc.gov/current.
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alterations, and to assess duty only on
the value of those repairs or alterations.
These requirements apply to the trade
community who are familiar with CBP
regulations and the tariff schedules and
are required by law to provide this
declaration.
Type of Information Collection:
Declaration for Repairs or Alterations.
Estimated Number of Respondents:
10,236.
Estimated Number of Annual
Responses per Respondent: 2.
Estimated Number of Total Annual
Responses: 20,472.
Estimated Time per Response: 30
minutes.
Estimated Total Annual Burden
Hours: 10,236.
Dated: June 25, 2024.
Seth D. Renkema,
Branch Chief, Economic Impact Analysis
Branch, U.S. Customs and Border Protection.
[FR Doc. 2024–14361 Filed 6–28–24; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Immigration and Customs
Enforcement
[Docket No. ICEB–2024–0006]
RIN 1653–ZA50
Employment Authorization for Haitian
F–1 Nonimmigrant Students
Experiencing Severe Economic
Hardship as a Direct Result of the
Current Crisis in Haiti
U.S. Immigration and Customs
Enforcement; Department of Homeland
Security.
ACTION: Notice.
AGENCY:
The Department of Homeland
Security (DHS) is suspending certain
regulatory requirements for F–1
nonimmigrant students from Haiti who
are experiencing severe economic
hardship as a direct result of the current
crisis in Haiti. The Secretary of
Homeland Security (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 covers eligible
Haitian F–1 nonimmigrant students
beginning on August 4, 2024, and
ending on February 3, 2026.
FOR FURTHER INFORMATION CONTACT:
Sharon Snyder, Unit Chief, Policy and
SUMMARY:
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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:
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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 Haiti regardless of
country of birth (or individuals having
no nationality who last habitually
resided in Haiti), 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
crisis in Haiti. 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 January 12,
2010, was effective from September 15,
2010, until July 22, 2011. See 75 FR
56120 (Sep. 15, 2010). A subsequent
notice provided for an extension from
July 22, 2011, until January 22, 2013.
See 76 FR 28997 (May 19, 2011). A third
notice provided another extension from
October 1, 2012, through July 22, 2014.
See 77 FR 59942 (Oct. 1, 2012). A fourth
notice provided for another extension
from March 3, 2014, until January 22,
2016. See 79 FR 11805 (Mar. 3, 2014).
A fifth notice provided for another
extension from August 25, 2015, until
July 22, 2017. See 80 FR 51579 (Aug. 25,
2015). A new notice was issued on
August 3, 2021, expanding the eligible
population, and was effective from
August 3, 2021, through February 3,
2023. See 86 FR 41857 (Aug. 3, 2021).
Most recently, DHS issued another
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 January 26,
2023, and was effective from February 4,
2023, through August 3, 2024. See 88 FR
5016 (Jan. 26, 2023). Effective with this
publication, suspension of the
employment limitations is available
through February 3, 2026, for those who
are in lawful F–1 nonimmigrant status
on the date of publication of this notice.
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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 Haiti regardless of
country of birth (or an individual having
no nationality who last habitually
resided in Haiti);
(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
crisis in Haiti.
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 Haitian F–1 nonimmigrant students
experiencing severe economic hardship
due to the current crisis in Haiti. Based
on its review of country conditions in
Haiti and input received from the U.S.
Department of State (DOS), DHS is
taking action to allow eligible F–1
nonimmigrant students from Haiti to
request employment authorization,
work an increased number of hours
while school is in session, and reduce
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 February 3, 2026, provided the
student satisfies the minimum course load
requirements in this notice.
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their course load while continuing to
maintain F–1 nonimmigrant student
status.
The security situation in Haiti has
deteriorated drastically as violent
criminal groups have expanded their
areas of control throughout Haiti,
disrupting the social and economic lives
of many Haitians.2 In September 2023,
the Congressional Research Service
(CRS) noted that ‘‘Haiti lacks an elected
president and legislature following the
July 2021 assassination of President
Jovenel Moise.’’ 3 This destabilizing
political and security situation has
made it difficult for Haiti to effectively
combat the worsening security and
humanitarian crises which has been
exacerbated by increased gang violence,
shortages of food and fuel, and a
resurgence of cholera.4
Security and Political Concerns
Haiti is divided into ten departments,
and gang violence heavily affects at least
three of them, with gang presence
established in at least six departments.5
Gang violence has escalated and
expanded, ‘‘spreading from the capital
Port-au-Prince through the center of the
country to its two other major cities,
Gonaives [Artibonite department] and
Cap-Haı̈tien [Nord department], with a
significant increase in killings,
kidnappings and rapes in the past few
months [mid-2023].’’ 6 In January 2024,
the United Nations Integrated Office in
Haiti (BINUH) reported that the Ouest
department, where Port-au-Prince is
located, has also been ‘‘affected by
extreme insecurity marked by
indiscriminate armed gang violence
against civilians and attacks against
police units and infrastructure.’’ 7 In
2 ‘‘Living a Nightmare’’: Haiti Needs an Urgent
Rights-Based Response to Escalating Crisis, Human
Rights Watch, Aug. 14, 2023, available at https://
www.hrw.org/report/2023/08/14/living-nightmare/
haiti-needs-urgent-rights-based-responseescalating-crisis (last visited Jan. 22, 2024).
3 Clare Ribando Seelke and Karla I. Rios, Haiti:
Recent Developments and U.S. Policy,
Congressional Research Service (CRS), Sep.18,
2023, available at https://sgp.fas.org/crs/row/
R47394.pdf (last visited Jan. 19, 2024).
4 Id.
5 Haiti: Humanitarian impact of gang violence,
ACAPS, June 2, 2023, available at https://
reliefweb.int/report/haiti/acaps-briefing-note-haitihumanitarian-impact-gang-violence-02-june-2023
(last visited Jan. 24, 2024).
6 Edith M. Lederer, Gang violence in Haiti is
escalating and spreading with a significant increase
in killings, UN says, The Associated Press, Sep. 27,
2023, available at https://apnews.com/article/haitigang-violence-un-report-killings5d3f7ff272b7303852869dfc67692a23 (last visited
Jan. 19, 2024).
7 United Nations Integrated Office in Haiti—
Report of the Secretary-General, UN Security
Council, p.3, Jan. 15, 2024, available at https://
reliefweb.int/report/haiti/united-nations-integrated-
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addition, gang influence in Haiti has
grown at an ‘‘alarming rate’’ to sections
of Port-au-Prince that were ‘‘previously
less affected’’ by gangs.8
As of September 2023, gangs
reportedly controlled or influenced
‘‘about 80 percent of the Port-au-Prince
metropolitan area,’’ while ‘‘the
remaining 20 percent’’ suffered ‘‘from
the incursions by gangs looking to
conduct kidnappings, robberies,
murders, and other crimes.’’ 9 Reports of
homicides and kidnappings increased
significantly in 2023. BINUH reported a
119.4 percent increase in homicides
from 2022 and an 83 percent increase in
kidnappings from 2022.10
The acting Prime Minister of Haiti,
Ariel Henry, traveled abroad at the
beginning of 2024 for international
engagements. During his travel, a series
of coordinated gang attacks began
against targets in Haiti’s capital and
beyond, freeing over 4,000 inmates and
closing the country’s main international
airport. Since then, Henry has been
unable to return to Haiti.11 On March 6,
2024, Jimmy ‘‘Barbecue’’ Cherizier, the
leader of one of Haiti’s most powerful
gang alliances, the G9, warned that
unless Henry stepped down, there
would be civil war and genocide in
Haiti.12 In March 2024, Caribbean
Community (CARICOM) leaders, with
agreement from key Haitian
stakeholders, announced that Henry
will resign once a transitional
presidential council is established and
an interim leader is selected.13
Additionally, Haiti currently has no
office-haiti-report-secretary-general-s202462enarruzh (last visited Jan. 23, 2024).
8 Id.
9 Final report of the Panel of Experts on Haiti, UN
Security Council, Sep. 15, 2023, available at https://
www.securitycouncilreport.org/atf/cf/
%7B65BFCF9B-6D27-4E9C-8CD3CF6E4FF96FF9%7D/s-2023-647.pdf (last visited
Apr. 30, 2024).
10 United Nations Integrated Office in Haiti—
Report of the Secretary-General, UN Security
Council, Jan. 15, 2024, available at https://
reliefweb.int/report/haiti/united-nations-integratedoffice-haiti-report-secretary-general-s202462enarruzh (last visited Jan. 23, 2024).
11 Dánica Coto, Haiti’s prime minister is locked
out of his country and faces pressure to resign, The
Associated Press, Mar. 8, 2024, available at https://
apnews.com/article/haiti-prime-minister-gangsresign-e583a191a2f800bc63752220a47dec0d (last
visited Mar. 11, 2024).
12 Haiti’s top gang leader warns of ‘‘civil war that
will lead to genocide’’ unless prime minister steps
down, CBS News, Mar. 6, 2024, available at https://
www.cbsnews.com/news/haiti-gang-leader-jimmycherizier-warns-civil-war-genocide/ (last visited on
Mar. 11, 2024).
13 Widlore Mérancourt, Samantha Schmidt, and
Amanda Coletta, Haitian prime minister to resign,
clearing way for new government, The Washington
Post, Mar. 12, 2024, available at https://
www.washingtonpost.com/world/2024/03/12/
haitian-prime-minister-resign-clearing-way-newgovernment/ (last visited on Mar. 12, 2024).
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elected officials.14 Haiti has not held a
national election since 2016, and since
the 2021 assassination of president
Jovenel Moise, Haiti has lacked a
president.15 On April 24, 2024, Henry
officially resigned as acting Prime
Minister of Haiti, clearing the way for a
new government to be formed.16 Also,
on April 24, 2024, the council tasked
with choosing a new prime minister and
Cabinet for Haiti was due to be sworn
in.17 This council was set to be installed
more than a month after Caribbean
leaders announced its creation in
response to the growing crisis in Haiti.18
The council is also expected to help set
the agenda of a new Cabinet.19 On April
30, 2024, the recently installed
transitional council unexpectedly
selected Fritz Bélizaire as the new prime
minister of Haiti and Edgard Leblanc
Fils as the council president.20
Humanitarian Concerns
In its 2024 annual report, Human
Rights Watch (HRW) stated that ‘‘access
to electricity, safe drinking water,
sanitation, health care, and education
was severely limited’’ in Haiti
throughout 2023.21 The World Food
Programme (WFP) reported in
September 2023 that Haiti is ‘‘one of 9
countries facing starvation risks’’ amid
high levels of food insecurity.22
Furthermore, Haiti faces an increasing
number of cholera cases following the
resurgence of cholera that began in
October 2022.23
14 Top UN expert warns of deteriorating situation
in Haiti: ‘It’s apocalyptic’, The Guardian, April
2024, available at https://www.theguardian.com/
world/2024/apr/04/un-expert-haiti-gang-violence
(last visited Apr. 16, 2024).
15 Id.
16 Ariel Henry resigns as prime minister of Haiti,
wracked by gang violence, paving the way for new
government to take power, PBS, Apr. 25, 2024,
available at https://www.pbs.org/newshour/world/
ariel-henry-resigns-as-prime-minister-of-haitiwracked-by-gang-violence-paving-the-way-for-newgovernment-to-take-power (last visited May 13,
2024).
17 Id.
18 Id.
19 Id.
20 The announcement of a new prime minister
divides Haiti’s transitional council, NPR, May 1,
2024, available at https://www.npr.org/2024/05/01/
1248397751/the-announcement-of-a-new-primeminister-divides-haitis-transitional-council (last
visited May 13, 2024).
21 World Report 2024—Haiti, Human Rights
Watch, Jan. 11, 2024, available at https://
www.ecoi.net/en/document/2103219.html (last
visited Jan. 25, 2024).
22 Severe hunger persists in Haiti as violence
intensifies in the capital, World Food Programme
(WFP), Sep. 19, 2023, available at https://
reliefweb.int/report/haiti/severe-hunger-persistshaiti-violence-intensifies-capital (last visited Jan.
30, 2024).
23 Haiti | Earthquake and Cholera Outbreak—
Emergency Appeal No. MDRHT018—Operation
update #6, International Federation of Red Cross
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The International Organization for
Migration (IOM) reported that, as of
March 2024, 362,551 24 people are
internally displaced across Haiti, a
significant increase from a prior IOM
report, which estimated that nearly
200,000 people were internally
displaced as of October 2023.25
According to the October 2023 IOM
report, 31,000 people were sleeping in
the open outdoors, and 34,000 people
were reportedly crammed into
classrooms used as shelter.26 IOM also
stated that ‘‘many families cannot meet
their basic needs.’’ The lack of adequate
housing for internally displaced persons
is exacerbating already high tensions
and ‘‘contributing to violence and
increasing the risk of sexual assault.’’ 27
In November 2023, the WFP noted
that Haiti ‘‘has one of the world’s
highest levels of chronic food insecurity
with over half its total population
chronically food insecure and 22
percent chronically malnourished
children.’’ 28 In July 2023, the
International Crisis Group reported that
‘‘around half of all Haitians are now
considered food insecure.’’ 29 According
to a 2024 BINUH report, this food
insecurity is attributable in part to the
security crisis, which has led to
‘‘dysfunction in the market supply
chain.’’ 30 Gangs charge ‘‘increasingly
and Red Crescent Societies (IFRC), Nov. 3, 2023,
available at https://reliefweb.int/report/haiti/haitiearthquake-and-cholera-outbreak-emergencyappeal-no-mdrht018-operation-update-6 (last
visited Jan. 25, 2024).
24 Haiti—Internal displacement situation in
Haiti—West, South, South-East, Artibonite, Grande
Anse, Centre and Nippes, Protection Services,
International Organization for Migration (IOM),
Mar. 2024, available at https://dtm.iom.int/reports/
haiti-internal-displacement-situation-haiti-westsouth-south-east-artibonite-grande-anse-0 (last
visited Apr. 16, 2024).
25 As Displacement Soars, Haiti Requires USD 21
Million for Emergency Shelter, Protection Services,
International Organization for Migration (IOM), Oct.
10, 2023, available at https://reliefweb.int/report/
haiti/displacement-soars-haiti-requires-usd-21million-emergency-shelter-protection-services (last
visited Jan. 25, 2024).
26 Id.
27 As Displacement Soars, Haiti Requires USD 21
Million for Emergency Shelter, Protection Services,
International Organization for Migration (IOM), Oct.
10, 2023, available at https://reliefweb.int/report/
haiti/displacement-soars-haiti-requires-usd-21million-emergency-shelter-protection-services (last
visited Jan. 25, 2024).
28 Haiti Country Brief, World Food Programme
(WFP), Nov. 2023, available at https://docs.wfp.org/
api/documents/WFP-0000155417/download/?_
ga=2.249432451.544473126.1706236500581114880.1706236500 (last visited Jan. 25, 2024).
29 Diego Da Rin, Haitians Turn to Mob Justice as
the Gang Threat Festers, International Crisis Group,
July 3, 2023, available at https://
www.crisisgroup.org/latin-america-caribbean/haiti/
haitians-turn-mob-justice-gang-threat-festers (last
visited Jan. 24, 2024).
30 United Nations Integrated Office in Haiti—
Report of the Secretary-General, UN Security
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heavy illegal passage fees’’ to allow
vehicles, including trucks transporting
food, to transit the main roads in
Haiti.31 In addition to the problems
caused by the security crisis, the food
shortages are also partly due to ‘‘the
confluence of a global rise in food
prices, depreciation of the local
currency, and restrictions on internal
transport,’’ which ‘‘have made food both
scarce and unaffordable.’’ 32
Economic Concerns
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According to The World Bank, ‘‘Haiti
remains the poorest country in the Latin
America and the Caribbean (LAC)
region, and among the poorest countries
in the world.’’ 33 Haiti’s economy has
contracted for five straight years, from
2019 through 2023.34 The World
Economic Forum reported in February
2023 that Haiti had the tenth highest
inflation in the world, ‘‘with year-onyear price increases of 53 percent.’’ 35
Additionally, a survey conducted in
March 2023 indicated that around twothirds of Haitian households have
experienced a significant reduction in
their income.36 The September 2023
report by the United Nations Panel of
Experts noted that ‘‘violence and
insecurity [in Haiti] not only undermine
the political transition, but also
decimate the national economy and
threaten the future of the country, with
many children not going to school and
skilled people leaving the country.’’ 37
Council, Jan. 15, 2024, available at https://
reliefweb.int/report/haiti/united-nations-integratedoffice-haiti-report-secretary-general-s202462enarruzh (last visited Jan. 23, 2024).
31 Id.
32 Tanvi Nagpal, No Easy Solutions:
Understanding the Scale of the Humanitarian Crisis
in Haiti, Center for Strategic & International Studies
(CSIS), Dec. 12, 2023, https://www.csis.org/
analysis/no-easy-solutions-understanding-scalehumanitarian-crisis-haiti (last visited Jan. 25, 2024).
33 The World Bank in Haiti: Overview, The World
Bank, Oct. 26, 2023, available at https://
www.worldbank.org/en/country/haiti/overview (last
visited Jan. 25, 2024).
34 Haiti—Recession: Haiti’s economy in free fall,
¥10.5% of GDP in total over 5 years, Haiti Libre,
Jan. 3, 2024, available at https://
www.haitilibre.com/en/news-41354-haiti-recessionhaiti-s-economy-in-free-fall105-of-gdp-in-total-over5-years.html (last visited Jan. 30, 2024).
35 Johnny Wood, These countries have been the
hardest hit by food price inflation, World Economic
Forum, Feb. 21, 2023, available at https://
www.weforum.org/agenda/2023/02/countries-hitby-food-prices-inflation-cost-of-living-crisis/ (last
visited Jan. 30, 2024).
36 The World Bank in Haiti: Overview, The World
Bank, Oct. 26, 2023, available at https://
www.worldbank.org/en/country/haiti/overview (last
visited Jan. 25, 2024).
37 Final report of the Panel of Experts on Haiti,
UN Security Council, Sep. 15, 2023, available at
https://documents-dds-ny.un.org/doc/UNDOC/
GEN/N23/246/28/PDF/N2324628.pdf (last visited
Jan. 24, 2024).
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Health Concerns
As of January 2024, there were an
estimated 73,000 ‘‘confirmed and
suspected cases’’ of cholera in Haiti,
‘‘across all 10 departments.’’ 38 The
resurgence of cholera began in October
2022, ‘‘after more than three years with
no reported cases.’’ 39 The World Health
Organization stated in September 2023
that ‘‘access to clean water remains
limited, contributing to the spread of
cholera.’’ 40 HRW reported in January
2024 that ‘‘only 55 percent of Haitian
households had access to safe drinking
water and two-thirds of the population
had limited or no sanitation services,
aggravating the spread of cholera’’ in
2023.41
The International Federation of Red
Cross reported in November 2023 that
people in Haiti who contract cholera
‘‘face a greater likelihood of severe
disease and death’’ because of ‘‘the
current socioeconomic situation and
complex humanitarian crisis, which
includes recent closure of hospitals and
reduced ambulance services, as well as
overall poor health condition of the
population, including acute
malnutrition.’’ 42
The United Nations Panel of Experts
noted that ‘‘Haiti is suffering one of its
worst health care crises in its
history.’’ 43 The same source reported
that ‘‘about 48 percent of hospitals in
the Port-au-Prince metropolitan area are
under gang influence or control, leading
to forced closures due to attacks on
patients, staff, or facilities.’’ 44 Doctors
38 United Nations Integrated Office in Haiti—
Report of the Secretary-General, UN Security
Council, Jan. 15, 2024, available at https://
reliefweb.int/report/haiti/united-nations-integratedoffice-haiti-report-secretary-general-s202462enarruzh (last visited Jan. 23, 2024).
39 Cholera—Haiti, World Health Organization
(WHO), Dec. 13, 2022, available at https://
www.who.int/emergencies/disease-outbreak-news/
item/2022-DON427 (last visited Jan. 24, 2024).
40 Haiti Health Cluster, Navigating a Multifaceted
Humanitarian Crisis, World Health Organization
(WHO), Sep. 5, 2023, available at https://
healthcluster.who.int/newsroom/news/item/05-092023-haiti-health-cluster-navigating-a-multifacetedhumanitarian-crisis (last visited on Jan. 24, 2024).
41 World Report 2024—Haiti, Human Rights
Watch, Jan. 11, 2024, available at https://
www.ecoi.net/en/document/2103219.html (last
visited Jan. 25, 2024).
42 Haiti | Earthquake and Cholera Outbreak—
Emergency Appeal No. MDRHT018—Operation
update #6, International Federation of Red Cross
and Red Crescent Societies (IFRC), Nov. 3, 2023,
available at https://reliefweb.int/report/haiti/haitiearthquake-and-cholera-outbreak-emergencyappeal-no-mdrht018-operation-update-6 (last
visited Jan. 25, 2024).
43 Final report of the Panel of Experts on Haiti,
UN Security Council, Sep. 15, 2023, available at
https://documents-dds-ny.un.org/doc/UNDOC/
GEN/N23/246/28/PDF/N2324628.pdf (last visited
Jan. 24, 2024).
44 Id.
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and nurses have reportedly been ‘‘shot,
robbed, and kidnapped while on their
way to work.’’ 45
HRW stated in its 2024 annual report
on Haiti (covering the events of 2023)
that ‘‘international organizations
estimate that 75 percent of the country’s
health facilities have inadequate
medical supplies and insufficient
trained personnel,’’ and that ‘‘insecurity
has triggered an exodus of health
workers from Haiti in recent years.’’ 46
As of May 13, 2024, approximately
820 F–1 nonimmigrant students from
Haiti are enrolled at SEVP-certified
academic institutions in the United
States. Given the extent of the current
crisis in Haiti, affected students whose
primary means of financial support
comes from Haiti may need to be
exempt from the normal student
employment requirements to continue
their studies in the United States. The
current crisis has made it infeasible for
many students to safely return to Haiti
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 offcampus 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 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
45 Id.
46 World Report 2024—Haiti, Human Rights
Watch, Jan. 11, 2024, available at https://
www.ecoi.net/en/document/2103219.html (last
visited Jan. 25, 2024).
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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.
ddrumheller on DSK120RN23PROD with NOTICES1
May an eligible F–1 nonimmigrant
student who already has on-campus or
off-campus employment authorization
benefit from the suspension of
regulatory requirements under this
notice?
Yes. An F–1 nonimmigrant student
who is a Haitian citizen, regardless of
country of birth (or an individual having
no nationality who last habitually
resided in Haiti), 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
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].47
47 Because the suspension of requirements under
this notice applies throughout an academic term
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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’’ 48 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.
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, consistent with
8CFR 214.2(f)(15)(i).
Will the suspension of the applicability
of the standard student employment
requirements apply to an individual
who receives an initial F–1 visa and
makes an initial entry into the United
States after the effective date of this
notice in the Federal Register?
No. The suspension of the
applicability of the standard regulatory
requirements only applies to certain F–
1 nonimmigrant students who meet the
following conditions:
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 February 3, 2026, provided the
student satisfies the minimum course load
requirements in this notice.
48 See 8 CFR 214.2(f)(6).
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54481
(1) Are a citizen of Haiti regardless of
country of birth (or an individual having
no nationality who last habitually
resided in Haiti);
(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
crisis in Haiti.
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 crisis in Haiti).
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 Haiti
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 F–1
nonimmigrant students from Haiti
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
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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].49
ddrumheller on DSK120RN23PROD with NOTICES1
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 crisis in Haiti.
An F–1 nonimmigrant student
authorized by the DSO to engage in oncampus 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 oncampus employment when school is not
in session or during school vacations
apply, as described in 8 CFR
214.2(f)(9)(i).
49 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 February 3, 2026, provided the
student satisfies the minimum course load
requirements in this notice.
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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’’ 50 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.51
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 offcampus 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 offcampus employment authorization by
means of this notice to be engaged in a
‘‘full course of study’’ 52 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.53
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 crisis in Haiti.54 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:
52 See
50 See
8 CFR 214.2(f)(6).
51 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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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.
54 See 8 CFR 274a.12(c)(3)(iii).
53 Minimum
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instruction per academic term if the
student is at the graduate level; 57 and
(d) The off-campus employment is
necessary to alleviate severe economic
hardship to the individual as a direct
result of the current crisis in Haiti.
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
Recommended for off-campus employment
documents:
authorization in excess of 20 hours per week
(1) A completed Form I–765 with all
and reduced course load under the Special
applicable
supporting evidence;
Student Relief authorization from the date of
(2) The required fee or properly
the USCIS authorization noted on Form I–
documented fee waiver request as
766 until [DSO must insert the program end
date or the end date of this notice, whichever defined in 8 CFR 106.2 and 106.3; and
date comes first].55
(3) A signed and dated copy of the
student’s Form I–20 with the
The F–1 nonimmigrant student must
appropriate DSO recommendation, as
then file the properly endorsed Form I–
previously described in this notice; and
20 and Form I–765 according to the
(b) Send the application in an
instructions for the Form I–765. The F–
envelope which is clearly marked on the
1 nonimmigrant student may begin
front of the envelope, bottom right-hand
working off campus only upon receipt
side, with the phrase ‘‘SPECIAL
of the EAD from USCIS.
STUDENT RELIEF.’’ 58 Failure to
DSO recommendation. In making a
include
this notation may result in
recommendation that an F–1
significant
processing delays.
nonimmigrant student be approved for
If USCIS approves the student’s Form
Special Student Relief, the DSO certifies
I–765, USCIS will send the student a
that:
Form I–766 EAD as evidence of
(a) The F–1 nonimmigrant student is
employment authorization. The EAD
in good academic standing and is
will contain an expiration date that does
carrying a ‘‘full course of study’’ 56 at the
not exceed the end of the granted
time of the request for employment
temporary relief.
authorization;
Temporary Protected Status (TPS)
(b) The F–1 nonimmigrant student is
Considerations
a citizen of Haiti, regardless of country
of birth (or an individual having no
Can an F–1 nonimmigrant student
nationality who last habitually resided
apply for TPS and for benefits under
in Haiti), and is experiencing severe
this notice at the same time?
economic hardship as a direct result of
Yes. An F–1 nonimmigrant student
the current crisis in Haiti, as
who
has not yet applied for TPS or for
documented on the Form I–20;
(c) The F–1 nonimmigrant student has other relief that reduces the student’s
course load per term and permits an
confirmed that the student will comply
increased number of work hours per
with the reduced course load
week, such as Special Student Relief,59
requirements of this notice and register
under this notice has two options.
for the duration of the authorized
Under the first option, the F–1
employment for a minimum of six
nonimmigrant student may apply for
semester or quarter hours of instruction
TPS according to the instructions in the
per academic term if at the
USCIS notice designating Haiti for TPS
undergraduate level, or for a minimum
elsewhere in this issue of the Federal
of three semester or quarter hours of
Register. All TPS applicants must file a
Form I–821, Application for Temporary
55 Because the suspension of requirements under
Protected Status, with the appropriate
this notice applies throughout an academic term
fee (or request a fee waiver). Although
during which the suspension is in effect, DHS
considers an F–1 nonimmigrant student who
not required to do so, if F–1
engages in a reduced course load or employment (or
nonimmigrant students want to obtain a
both) after this notice is effective to be engaging in
ddrumheller on DSK120RN23PROD with NOTICES1
(1) This employment is necessary to
avoid severe economic hardship; and
(2) The hardship is a direct result of
the current crisis in Haiti.
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:
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 February 3, 2026, provided the
student satisfies the minimum course load
requirements in this notice.
56 See 8 CFR 214.2(f)(6).
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20:36 Jun 28, 2024
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57 8
CFR 214.2(f)(5)(v).
for direct filing addresses can be
found here: https://www.uscis.gov/i-765-addresses.
59 See DHS Study in the States, Special Student
Relief, https://studyinthestates.dhs.gov/students/
special-student-relief (last visited Feb. 28, 2024).
58 Guidance
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54483
new TPS-related EAD that is valid
through February 3, 2026, 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 Haiti 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
E:\FR\FM\01JYN1.SGM
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Federal Register / Vol. 89, No. 126 / Monday, July 1, 2024 / Notices
study’’ 60 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 nontraditional 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).
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 crisis in Haiti. 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.
ddrumheller on DSK120RN23PROD with NOTICES1
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 TPSrelated 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.
60 See
8 CFR 214.2(f)(6).
VerDate Sep<11>2014
20:36 Jun 28, 2024
Jkt 262001
How long will this notice remain in
effect?
filings. Accordingly, there is no further
action required under the PRA.
This notice grants temporary relief
until February 3, 2026,61 to eligible F–
1 nonimmigrant students. DHS will
continue to monitor the situation in
Haiti. Should the special provisions
authorized by this notice need
modification or extension, DHS will
announce such changes in the Federal
Register.
Alejandro Mayorkas,
Secretary, U.S. Department of Homeland
Security.
Paperwork Reduction Act (PRA)
U.S. Citizenship and Immigration
Services
An F–1 nonimmigrant student seeking
off-campus employment authorization
due to severe economic hardship
resulting from the current crisis in Haiti
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
61 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 February 3, 2026, provided the
student satisfies the minimum course load
requirements in this notice.
PO 00000
Frm 00081
Fmt 4703
Sfmt 4703
[FR Doc. 2024–14232 Filed 6–28–24; 8:45 am]
BILLING CODE 9111–CB–P
DEPARTMENT OF HOMELAND
SECURITY
[CIS No. 2772–24; DHS Docket No. USCIS–
2014–0001]
RIN 1615–ZB70
Extension and Redesignation of Haiti
for Temporary Protected Status
U.S. Citizenship and
Immigration Services (USCIS),
Department of Homeland Security
(DHS).
ACTION: Notice of Temporary Protected
Status (TPS) extension and
redesignation.
AGENCY:
Through this notice, the
Department of Homeland Security
(DHS) announces that the Secretary of
Homeland Security (Secretary) is
extending the designation of Haiti for
Temporary Protected Status (TPS) and
redesignating Haiti for TPS for 18
months, beginning on August 4, 2024,
and ending on February 3, 2026. This
extension and redesignation allows
Haitian nationals (and individuals
having no nationality who last
habitually resided in Haiti) who have
been continuously residing in the
United States since June 3, 2024, and
who have been continuously physically
present in the United States since
August 4, 2024, to apply or re-register
for TPS.
DATES: Extension and Redesignation of
Designation of Haiti for TPS begins on
August 4, 2024, and will remain in
effect for 18 months. For registration
instructions, see the Registration
Information section below.
FOR FURTHER INFORMATION CONTACT:
• You may contact Rená CutlipMason, Chief, Humanitarian Affairs
Division, Office of Policy and Strategy,
U.S. Citizenship and Immigration
Services, Department of Homeland
Security, by mail at 5900 Capital
Gateway Drive, Camp Springs, MD
20746, or by phone at 240–721–3000.
• For more information on TPS,
including guidance on the registration
process and additional information on
eligibility, please visit the USCIS TPS
web page at https://www.uscis.gov/tps.
SUMMARY:
E:\FR\FM\01JYN1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 126 (Monday, July 1, 2024)]
[Notices]
[Pages 54477-54484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14232]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Immigration and Customs Enforcement
[Docket No. ICEB-2024-0006]
RIN 1653-ZA50
Employment Authorization for Haitian F-1 Nonimmigrant Students
Experiencing Severe Economic Hardship as a Direct Result of the Current
Crisis in Haiti
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 F-1 nonimmigrant students from
Haiti who are experiencing severe economic hardship as a direct result
of the current crisis in Haiti. The Secretary of Homeland Security
(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 covers eligible Haitian F-1 nonimmigrant students
beginning on August 4, 2024, and ending on February 3, 2026.
FOR FURTHER INFORMATION CONTACT: Sharon Snyder, Unit Chief, Policy and
[[Page 54478]]
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 Haiti regardless of country of birth (or
individuals having no nationality who last habitually resided in
Haiti), 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
crisis in Haiti. 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 January 12,
2010, was effective from September 15, 2010, until July 22, 2011. See
75 FR 56120 (Sep. 15, 2010). A subsequent notice provided for an
extension from July 22, 2011, until January 22, 2013. See 76 FR 28997
(May 19, 2011). A third notice provided another extension from October
1, 2012, through July 22, 2014. See 77 FR 59942 (Oct. 1, 2012). A
fourth notice provided for another extension from March 3, 2014, until
January 22, 2016. See 79 FR 11805 (Mar. 3, 2014). A fifth notice
provided for another extension from August 25, 2015, until July 22,
2017. See 80 FR 51579 (Aug. 25, 2015). A new notice was issued on
August 3, 2021, expanding the eligible population, and was effective
from August 3, 2021, through February 3, 2023. See 86 FR 41857 (Aug. 3,
2021). Most recently, DHS issued another 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
January 26, 2023, and was effective from February 4, 2023, through
August 3, 2024. See 88 FR 5016 (Jan. 26, 2023). Effective with this
publication, suspension of the employment limitations is available
through February 3, 2026, 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).
---------------------------------------------------------------------------
\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 February 3, 2026, 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) Are a citizen of Haiti regardless of country of birth (or an
individual having no nationality who last habitually resided in Haiti);
(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 crisis in Haiti.
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 Haitian F-1 nonimmigrant
students experiencing severe economic hardship due to the current
crisis in Haiti. Based on its review of country conditions in Haiti and
input received from the U.S. Department of State (DOS), DHS is taking
action to allow eligible F-1 nonimmigrant students from Haiti 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.
The security situation in Haiti has deteriorated drastically as
violent criminal groups have expanded their areas of control throughout
Haiti, disrupting the social and economic lives of many Haitians.\2\ In
September 2023, the Congressional Research Service (CRS) noted that
``Haiti lacks an elected president and legislature following the July
2021 assassination of President Jovenel Moise.'' \3\ This destabilizing
political and security situation has made it difficult for Haiti to
effectively combat the worsening security and humanitarian crises which
has been exacerbated by increased gang violence, shortages of food and
fuel, and a resurgence of cholera.\4\
---------------------------------------------------------------------------
\2\ ``Living a Nightmare'': Haiti Needs an Urgent Rights-Based
Response to Escalating Crisis, Human Rights Watch, Aug. 14, 2023,
available at https://www.hrw.org/report/2023/08/14/living-nightmare/haiti-needs-urgent-rights-based-response-escalating-crisis (last
visited Jan. 22, 2024).
\3\ Clare Ribando Seelke and Karla I. Rios, Haiti: Recent
Developments and U.S. Policy, Congressional Research Service (CRS),
Sep.18, 2023, available at https://sgp.fas.org/crs/row/R47394.pdf
(last visited Jan. 19, 2024).
\4\ Id.
---------------------------------------------------------------------------
Security and Political Concerns
Haiti is divided into ten departments, and gang violence heavily
affects at least three of them, with gang presence established in at
least six departments.\5\ Gang violence has escalated and expanded,
``spreading from the capital Port-au-Prince through the center of the
country to its two other major cities, Gonaives [Artibonite department]
and Cap-Ha[iuml]tien [Nord department], with a significant increase in
killings, kidnappings and rapes in the past few months [mid-2023].''
\6\ In January 2024, the United Nations Integrated Office in Haiti
(BINUH) reported that the Ouest department, where Port-au-Prince is
located, has also been ``affected by extreme insecurity marked by
indiscriminate armed gang violence against civilians and attacks
against police units and infrastructure.'' \7\ In
[[Page 54479]]
addition, gang influence in Haiti has grown at an ``alarming rate'' to
sections of Port-au-Prince that were ``previously less affected'' by
gangs.\8\
---------------------------------------------------------------------------
\5\ Haiti: Humanitarian impact of gang violence, ACAPS, June 2,
2023, available at https://reliefweb.int/report/haiti/acaps-briefing-note-haiti-humanitarian-impact-gang-violence-02-june-2023
(last visited Jan. 24, 2024).
\6\ Edith M. Lederer, Gang violence in Haiti is escalating and
spreading with a significant increase in killings, UN says, The
Associated Press, Sep. 27, 2023, available at https://apnews.com/article/haiti-gang-violence-un-report-killings-5d3f7ff272b7303852869dfc67692a23 (last visited Jan. 19, 2024).
\7\ United Nations Integrated Office in Haiti--Report of the
Secretary-General, UN Security Council, p.3, Jan. 15, 2024,
available at https://reliefweb.int/report/haiti/united-nations-integrated-office-haiti-report-secretary-general-s202462-enarruzh
(last visited Jan. 23, 2024).
\8\ Id.
---------------------------------------------------------------------------
As of September 2023, gangs reportedly controlled or influenced
``about 80 percent of the Port-au-Prince metropolitan area,'' while
``the remaining 20 percent'' suffered ``from the incursions by gangs
looking to conduct kidnappings, robberies, murders, and other crimes.''
\9\ Reports of homicides and kidnappings increased significantly in
2023. BINUH reported a 119.4 percent increase in homicides from 2022
and an 83 percent increase in kidnappings from 2022.\10\
---------------------------------------------------------------------------
\9\ Final report of the Panel of Experts on Haiti, UN Security
Council, Sep. 15, 2023, available at https://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3-CF6E4FF96FF9%7D/s-2023-647.pdf (last visited Apr. 30, 2024).
\10\ United Nations Integrated Office in Haiti--Report of the
Secretary-General, UN Security Council, Jan. 15, 2024, available at
https://reliefweb.int/report/haiti/united-nations-integrated-office-haiti-report-secretary-general-s202462-enarruzh (last visited Jan.
23, 2024).
---------------------------------------------------------------------------
The acting Prime Minister of Haiti, Ariel Henry, traveled abroad at
the beginning of 2024 for international engagements. During his travel,
a series of coordinated gang attacks began against targets in Haiti's
capital and beyond, freeing over 4,000 inmates and closing the
country's main international airport. Since then, Henry has been unable
to return to Haiti.\11\ On March 6, 2024, Jimmy ``Barbecue'' Cherizier,
the leader of one of Haiti's most powerful gang alliances, the G9,
warned that unless Henry stepped down, there would be civil war and
genocide in Haiti.\12\ In March 2024, Caribbean Community (CARICOM)
leaders, with agreement from key Haitian stakeholders, announced that
Henry will resign once a transitional presidential council is
established and an interim leader is selected.\13\ Additionally, Haiti
currently has no elected officials.\14\ Haiti has not held a national
election since 2016, and since the 2021 assassination of president
Jovenel Moise, Haiti has lacked a president.\15\ On April 24, 2024,
Henry officially resigned as acting Prime Minister of Haiti, clearing
the way for a new government to be formed.\16\ Also, on April 24, 2024,
the council tasked with choosing a new prime minister and Cabinet for
Haiti was due to be sworn in.\17\ This council was set to be installed
more than a month after Caribbean leaders announced its creation in
response to the growing crisis in Haiti.\18\ The council is also
expected to help set the agenda of a new Cabinet.\19\ On April 30,
2024, the recently installed transitional council unexpectedly selected
Fritz B[eacute]lizaire as the new prime minister of Haiti and Edgard
Leblanc Fils as the council president.\20\
---------------------------------------------------------------------------
\11\ D[aacute]nica Coto, Haiti's prime minister is locked out of
his country and faces pressure to resign, The Associated Press, Mar.
8, 2024, available at https://apnews.com/article/haiti-prime-minister-gangs-resign-e583a191a2f800bc63752220a47dec0d (last visited
Mar. 11, 2024).
\12\ Haiti's top gang leader warns of ``civil war that will lead
to genocide'' unless prime minister steps down, CBS News, Mar. 6,
2024, available at https://www.cbsnews.com/news/haiti-gang-leader-jimmy-cherizier-warns-civil-war-genocide/ (last visited on Mar. 11,
2024).
\13\ Widlore M[eacute]rancourt, Samantha Schmidt, and Amanda
Coletta, Haitian prime minister to resign, clearing way for new
government, The Washington Post, Mar. 12, 2024, available at https://www.washingtonpost.com/world/2024/03/12/haitian-prime-minister-resign-clearing-way-new-government/ (last visited on Mar. 12, 2024).
\14\ Top UN expert warns of deteriorating situation in Haiti:
`It's apocalyptic', The Guardian, April 2024, available at https://www.theguardian.com/world/2024/apr/04/un-expert-haiti-gang-violence
(last visited Apr. 16, 2024).
\15\ Id.
\16\ Ariel Henry resigns as prime minister of Haiti, wracked by
gang violence, paving the way for new government to take power, PBS,
Apr. 25, 2024, available at https://www.pbs.org/newshour/world/ariel-henry-resigns-as-prime-minister-of-haiti-wracked-by-gang-violence-paving-the-way-for-new-government-to-take-power (last
visited May 13, 2024).
\17\ Id.
\18\ Id.
\19\ Id.
\20\ The announcement of a new prime minister divides Haiti's
transitional council, NPR, May 1, 2024, available at https://www.npr.org/2024/05/01/1248397751/the-announcement-of-a-new-prime-minister-divides-haitis-transitional-council (last visited May 13,
2024).
---------------------------------------------------------------------------
Humanitarian Concerns
In its 2024 annual report, Human Rights Watch (HRW) stated that
``access to electricity, safe drinking water, sanitation, health care,
and education was severely limited'' in Haiti throughout 2023.\21\ The
World Food Programme (WFP) reported in September 2023 that Haiti is
``one of 9 countries facing starvation risks'' amid high levels of food
insecurity.\22\ Furthermore, Haiti faces an increasing number of
cholera cases following the resurgence of cholera that began in October
2022.\23\
---------------------------------------------------------------------------
\21\ World Report 2024--Haiti, Human Rights Watch, Jan. 11,
2024, available at https://www.ecoi.net/en/document/2103219.html
(last visited Jan. 25, 2024).
\22\ Severe hunger persists in Haiti as violence intensifies in
the capital, World Food Programme (WFP), Sep. 19, 2023, available at
https://reliefweb.int/report/haiti/severe-hunger-persists-haiti-violence-intensifies-capital (last visited Jan. 30, 2024).
\23\ Haiti [verbar] Earthquake and Cholera Outbreak--Emergency
Appeal No. MDRHT018--Operation update #6, International Federation
of Red Cross and Red Crescent Societies (IFRC), Nov. 3, 2023,
available at https://reliefweb.int/report/haiti/haiti-earthquake-and-cholera-outbreak-emergency-appeal-no-mdrht018-operation-update-6
(last visited Jan. 25, 2024).
---------------------------------------------------------------------------
The International Organization for Migration (IOM) reported that,
as of March 2024, 362,551 \24\ people are internally displaced across
Haiti, a significant increase from a prior IOM report, which estimated
that nearly 200,000 people were internally displaced as of October
2023.\25\ According to the October 2023 IOM report, 31,000 people were
sleeping in the open outdoors, and 34,000 people were reportedly
crammed into classrooms used as shelter.\26\ IOM also stated that
``many families cannot meet their basic needs.'' The lack of adequate
housing for internally displaced persons is exacerbating already high
tensions and ``contributing to violence and increasing the risk of
sexual assault.'' \27\
---------------------------------------------------------------------------
\24\ Haiti--Internal displacement situation in Haiti--West,
South, South-East, Artibonite, Grande Anse, Centre and Nippes,
Protection Services, International Organization for Migration (IOM),
Mar. 2024, available at https://dtm.iom.int/reports/haiti-internal-displacement-situation-haiti-west-south-south-east-artibonite-grande-anse-0 (last visited Apr. 16, 2024).
\25\ As Displacement Soars, Haiti Requires USD 21 Million for
Emergency Shelter, Protection Services, International Organization
for Migration (IOM), Oct. 10, 2023, available at https://reliefweb.int/report/haiti/displacement-soars-haiti-requires-usd-21-million-emergency-shelter-protection-services (last visited Jan. 25,
2024).
\26\ Id.
\27\ As Displacement Soars, Haiti Requires USD 21 Million for
Emergency Shelter, Protection Services, International Organization
for Migration (IOM), Oct. 10, 2023, available at https://reliefweb.int/report/haiti/displacement-soars-haiti-requires-usd-21-million-emergency-shelter-protection-services (last visited Jan. 25,
2024).
---------------------------------------------------------------------------
In November 2023, the WFP noted that Haiti ``has one of the world's
highest levels of chronic food insecurity with over half its total
population chronically food insecure and 22 percent chronically
malnourished children.'' \28\ In July 2023, the International Crisis
Group reported that ``around half of all Haitians are now considered
food insecure.'' \29\ According to a 2024 BINUH report, this food
insecurity is attributable in part to the security crisis, which has
led to ``dysfunction in the market supply chain.'' \30\ Gangs charge
``increasingly
[[Page 54480]]
heavy illegal passage fees'' to allow vehicles, including trucks
transporting food, to transit the main roads in Haiti.\31\ In addition
to the problems caused by the security crisis, the food shortages are
also partly due to ``the confluence of a global rise in food prices,
depreciation of the local currency, and restrictions on internal
transport,'' which ``have made food both scarce and unaffordable.''
\32\
---------------------------------------------------------------------------
\28\ Haiti Country Brief, World Food Programme (WFP), Nov. 2023,
available at https://docs.wfp.org/api/documents/WFP-0000155417/download/?_ga=2.249432451.544473126.1706236500-581114880.1706236500
(last visited Jan. 25, 2024).
\29\ Diego Da Rin, Haitians Turn to Mob Justice as the Gang
Threat Festers, International Crisis Group, July 3, 2023, available
at https://www.crisisgroup.org/latin-america-caribbean/haiti/haitians-turn-mob-justice-gang-threat-festers (last visited Jan. 24,
2024).
\30\ United Nations Integrated Office in Haiti--Report of the
Secretary-General, UN Security Council, Jan. 15, 2024, available at
https://reliefweb.int/report/haiti/united-nations-integrated-office-haiti-report-secretary-general-s202462-enarruzh (last visited Jan.
23, 2024).
\31\ Id.
\32\ Tanvi Nagpal, No Easy Solutions: Understanding the Scale of
the Humanitarian Crisis in Haiti, Center for Strategic &
International Studies (CSIS), Dec. 12, 2023, https://www.csis.org/analysis/no-easy-solutions-understanding-scale-humanitarian-crisis-haiti (last visited Jan. 25, 2024).
---------------------------------------------------------------------------
Economic Concerns
According to The World Bank, ``Haiti remains the poorest country in
the Latin America and the Caribbean (LAC) region, and among the poorest
countries in the world.'' \33\ Haiti's economy has contracted for five
straight years, from 2019 through 2023.\34\ The World Economic Forum
reported in February 2023 that Haiti had the tenth highest inflation in
the world, ``with year-on-year price increases of 53 percent.'' \35\
Additionally, a survey conducted in March 2023 indicated that around
two-thirds of Haitian households have experienced a significant
reduction in their income.\36\ The September 2023 report by the United
Nations Panel of Experts noted that ``violence and insecurity [in
Haiti] not only undermine the political transition, but also decimate
the national economy and threaten the future of the country, with many
children not going to school and skilled people leaving the country.''
\37\
---------------------------------------------------------------------------
\33\ The World Bank in Haiti: Overview, The World Bank, Oct. 26,
2023, available at https://www.worldbank.org/en/country/haiti/overview (last visited Jan. 25, 2024).
\34\ Haiti--Recession: Haiti's economy in free fall, -10.5% of
GDP in total over 5 years, Haiti Libre, Jan. 3, 2024, available at
https://www.haitilibre.com/en/news-41354-haiti-recession-haiti-s-economy-in-free-fall105-of-gdp-in-total-over-5-years.html (last
visited Jan. 30, 2024).
\35\ Johnny Wood, These countries have been the hardest hit by
food price inflation, World Economic Forum, Feb. 21, 2023, available
at https://www.weforum.org/agenda/2023/02/countries-hit-by-food-prices-inflation-cost-of-living-crisis/ (last visited Jan. 30,
2024).
\36\ The World Bank in Haiti: Overview, The World Bank, Oct. 26,
2023, available at https://www.worldbank.org/en/country/haiti/overview (last visited Jan. 25, 2024).
\37\ Final report of the Panel of Experts on Haiti, UN Security
Council, Sep. 15, 2023, available at https://documents-dds-ny.un.org/doc/UNDOC/GEN/N23/246/28/PDF/N2324628.pdf (last visited
Jan. 24, 2024).
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Health Concerns
As of January 2024, there were an estimated 73,000 ``confirmed and
suspected cases'' of cholera in Haiti, ``across all 10 departments.''
\38\ The resurgence of cholera began in October 2022, ``after more than
three years with no reported cases.'' \39\ The World Health
Organization stated in September 2023 that ``access to clean water
remains limited, contributing to the spread of cholera.'' \40\ HRW
reported in January 2024 that ``only 55 percent of Haitian households
had access to safe drinking water and two-thirds of the population had
limited or no sanitation services, aggravating the spread of cholera''
in 2023.\41\
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\38\ United Nations Integrated Office in Haiti--Report of the
Secretary-General, UN Security Council, Jan. 15, 2024, available at
https://reliefweb.int/report/haiti/united-nations-integrated-office-haiti-report-secretary-general-s202462-enarruzh (last visited Jan.
23, 2024).
\39\ Cholera--Haiti, World Health Organization (WHO), Dec. 13,
2022, available at https://www.who.int/emergencies/disease-outbreak-news/item/2022-DON427 (last visited Jan. 24, 2024).
\40\ Haiti Health Cluster, Navigating a Multifaceted
Humanitarian Crisis, World Health Organization (WHO), Sep. 5, 2023,
available at https://healthcluster.who.int/newsroom/news/item/05-09-2023-haiti-health-cluster-navigating-a-multifaceted-humanitarian-crisis (last visited on Jan. 24, 2024).
\41\ World Report 2024--Haiti, Human Rights Watch, Jan. 11,
2024, available at https://www.ecoi.net/en/document/2103219.html
(last visited Jan. 25, 2024).
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The International Federation of Red Cross reported in November 2023
that people in Haiti who contract cholera ``face a greater likelihood
of severe disease and death'' because of ``the current socioeconomic
situation and complex humanitarian crisis, which includes recent
closure of hospitals and reduced ambulance services, as well as overall
poor health condition of the population, including acute
malnutrition.'' \42\
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\42\ Haiti [verbar] Earthquake and Cholera Outbreak--Emergency
Appeal No. MDRHT018--Operation update #6, International Federation
of Red Cross and Red Crescent Societies (IFRC), Nov. 3, 2023,
available at https://reliefweb.int/report/haiti/haiti-earthquake-and-cholera-outbreak-emergency-appeal-no-mdrht018-operation-update-6
(last visited Jan. 25, 2024).
---------------------------------------------------------------------------
The United Nations Panel of Experts noted that ``Haiti is suffering
one of its worst health care crises in its history.'' \43\ The same
source reported that ``about 48 percent of hospitals in the Port-au-
Prince metropolitan area are under gang influence or control, leading
to forced closures due to attacks on patients, staff, or facilities.''
\44\ Doctors and nurses have reportedly been ``shot, robbed, and
kidnapped while on their way to work.'' \45\
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\43\ Final report of the Panel of Experts on Haiti, UN Security
Council, Sep. 15, 2023, available at https://documents-dds-ny.un.org/doc/UNDOC/GEN/N23/246/28/PDF/N2324628.pdf (last visited
Jan. 24, 2024).
\44\ Id.
\45\ Id.
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HRW stated in its 2024 annual report on Haiti (covering the events
of 2023) that ``international organizations estimate that 75 percent of
the country's health facilities have inadequate medical supplies and
insufficient trained personnel,'' and that ``insecurity has triggered
an exodus of health workers from Haiti in recent years.'' \46\
---------------------------------------------------------------------------
\46\ World Report 2024--Haiti, Human Rights Watch, Jan. 11,
2024, available at https://www.ecoi.net/en/document/2103219.html
(last visited Jan. 25, 2024).
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As of May 13, 2024, approximately 820 F-1 nonimmigrant students
from Haiti are enrolled at SEVP-certified academic institutions in the
United States. Given the extent of the current crisis in Haiti,
affected students whose primary means of financial support comes from
Haiti may need to be exempt from the normal student employment
requirements to continue their studies in the United States. The
current crisis has made it infeasible for many students to safely
return to Haiti 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
[[Page 54481]]
toward satisfying this minimum course load requirement, unless their
course of study is in an English language study program. See 8 CFR
214.2(f)(6)(i)(G). An F-1 nonimmigrant student attending an approved
private school in kindergarten through grade 12 or public school in
grades 9 through 12 must maintain ``class attendance for not less than
the minimum number of hours a week prescribed by the school for normal
progress toward graduation,'' as required under 8 CFR
214.2(f)(6)(i)(E). Nothing in this notice affects the applicability of
federal and state labor laws limiting the employment of minors.
May an eligible F-1 nonimmigrant student who already has on-campus or
off-campus employment authorization benefit from the suspension of
regulatory requirements under this notice?
Yes. An F-1 nonimmigrant student who is a Haitian citizen,
regardless of country of birth (or an individual having no nationality
who last habitually resided in Haiti), who already has on-campus or
off-campus employment authorization and is otherwise eligible may
benefit under this notice, which suspends certain regulatory
requirements relating to the minimum course load requirement under 8
CFR 214.2(f)(6)(i) and certain employment eligibility requirements
under 8 CFR 214.2(f)(9). Such an eligible F-1 nonimmigrant student may
benefit without having to apply for a new Form I-766, Employment
Authorization Document (EAD). To benefit from this notice, the F-1
nonimmigrant student must request that their designated school official
(DSO) enter the following statement in the remarks field of the
student's Student and Exchange Visitor Information System (SEVIS)
record, which the student's Form I-20, Certificate of Eligibility for
Nonimmigrant (F-1) Student Status, will reflect:
Approved for more than 20 hours per week of [DSO must insert
``on-campus'' or ``off-campus,'' depending upon the type of
employment authorization the student already has] employment
authorization and reduced course load under the Special Student
Relief authorization from [DSO must insert the beginning date of the
notice or the beginning date of the student's employment, whichever
date is later] until [DSO must insert either the student's program
end date, the current EAD expiration date (if the student is
currently authorized for off-campus employment), or the end date of
this notice, whichever date comes first].\47\
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\47\ 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 February 3, 2026, 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'' \48\ 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.
---------------------------------------------------------------------------
\48\ 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, consistent with
8CFR 214.2(f)(15)(i).
Will the suspension of the applicability of the standard student
employment requirements apply to an individual who receives an initial
F-1 visa and makes an initial entry into the United States after the
effective date of this notice in the Federal Register?
No. The suspension of the applicability of the standard regulatory
requirements only applies to certain F-1 nonimmigrant students who meet
the following conditions:
(1) Are a citizen of Haiti regardless of country of birth (or an
individual having no nationality who last habitually resided in Haiti);
(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 crisis in Haiti.
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 crisis in Haiti).
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 Haiti 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 F-1 nonimmigrant students from Haiti 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
[[Page 54482]]
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].\49\
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\49\ 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 February 3, 2026, provided the student satisfies the minimum
course load requirements in this notice.
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
crisis in Haiti. 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'' \50\ 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.\51\
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\50\ See 8 CFR 214.2(f)(6).
\51\ 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'' \52\ 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.\53\
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\52\ See 8 CFR 214.2(f)(6).
\53\ 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.
---------------------------------------------------------------------------
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 crisis in Haiti.\54\ Filing instructions are located at
https://www.uscis.gov/i-765.
---------------------------------------------------------------------------
\54\ See 8 CFR 274a.12(c)(3)(iii).
---------------------------------------------------------------------------
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:
[[Page 54483]]
(1) This employment is necessary to avoid severe economic hardship;
and
(2) The hardship is a direct result of the current crisis in Haiti.
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].\55\
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\55\ 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 February 3, 2026, 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 carrying a ``full course of study'' \56\ at the time of the request
for employment authorization;
---------------------------------------------------------------------------
\56\ See 8 CFR 214.2(f)(6).
---------------------------------------------------------------------------
(b) The F-1 nonimmigrant student is a citizen of Haiti, regardless
of country of birth (or an individual having no nationality who last
habitually resided in Haiti), and is experiencing severe economic
hardship as a direct result of the current crisis in Haiti, as
documented on the Form I-20;
(c) The F-1 nonimmigrant student has confirmed that the student
will comply with the reduced course load requirements of this notice
and register for the duration of the authorized employment for a
minimum of six semester or quarter hours of instruction per academic
term if at the undergraduate level, or for a minimum of three semester
or quarter hours of instruction per academic term if the student is at
the graduate level; \57\ and
---------------------------------------------------------------------------
\57\ 8 CFR 214.2(f)(5)(v).
---------------------------------------------------------------------------
(d) The off-campus employment is necessary to alleviate severe
economic hardship to the individual as a direct result of the current
crisis in Haiti.
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.'' \58\ Failure to include this notation may
result in significant processing delays.
---------------------------------------------------------------------------
\58\ Guidance for direct filing addresses can be found here:
https://www.uscis.gov/i-765-addresses.
---------------------------------------------------------------------------
If USCIS approves the student's Form I-765, USCIS will send the
student a Form I-766 EAD as evidence of employment authorization. The
EAD will contain an expiration date that does not exceed the end of the
granted temporary relief.
Temporary Protected Status (TPS) Considerations
Can an F-1 nonimmigrant student apply for TPS and for benefits under
this notice at the same time?
Yes. An F-1 nonimmigrant student who has not yet applied for TPS or
for other relief that reduces the student's course load per term and
permits an increased number of work hours per week, such as Special
Student Relief,\59\ under this notice has two options.
---------------------------------------------------------------------------
\59\ See DHS Study in the States, Special Student Relief,
https://studyinthestates.dhs.gov/students/special-student-relief
(last visited Feb. 28, 2024).
---------------------------------------------------------------------------
Under the first option, the F-1 nonimmigrant student may apply for
TPS according to the instructions in the USCIS notice designating Haiti
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 February 3, 2026, 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 Haiti 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
[[Page 54484]]
study'' \60\ 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).
---------------------------------------------------------------------------
\60\ See 8 CFR 214.2(f)(6).
---------------------------------------------------------------------------
How does a student who has received a TPS-related EAD then apply for
authorization to take a reduced course load under this notice?
There is no further application process with USCIS if a student has
been approved for a TPS-related EAD. The F-1 nonimmigrant student must
demonstrate and provide documentation to the DSO of the direct economic
hardship resulting from the current crisis in Haiti. The DSO will then
verify and update the student's record in SEVIS to enable the F-1
nonimmigrant student with TPS to reduce the course load without any
further action or application. No other EAD needs to be issued for the
F-1 nonimmigrant student to have employment authorization.
Can a noncitizen who has been granted TPS apply for reinstatement of F-
1 nonimmigrant student status after the noncitizen's F-1 nonimmigrant
student status has lapsed?
Yes. Regulations permit certain students who fall out of F-1
nonimmigrant student status to apply for reinstatement. See 8 CFR
214.2(f)(16). This provision may apply to students who worked on a TPS-
related EAD or dropped their course load before publication of this
notice, and therefore fell out of student status. These students must
satisfy the criteria set forth in the F-1 nonimmigrant student status
reinstatement regulations.
How long will this notice remain in effect?
This notice grants temporary relief until February 3, 2026,\61\ to
eligible F-1 nonimmigrant students. DHS will continue to monitor the
situation in Haiti. 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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\61\ 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 February 3, 2026, provided the student satisfies the minimum
course load requirements in this notice.
---------------------------------------------------------------------------
Paperwork Reduction Act (PRA)
An F-1 nonimmigrant student seeking off-campus employment
authorization due to severe economic hardship resulting from the
current crisis in Haiti 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. 2024-14232 Filed 6-28-24; 8:45 am]
BILLING CODE 9111-CB-P
