Employment Authorization for Certain Lebanese F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of the Current Humanitarian Crisis in Lebanon, 83897-83901 [2024-24226]

Download as PDF Federal Register / Vol. 89, No. 202 / Friday, October 18, 2024 / Notices experience, the submission of resumes highlighting experience in the maritime and security industries is encouraged. The Coast Guard does not discriminate in selection of Area Maritime Security Advisory Committee members on the basis of race, color, religion, sex, national origin, political affiliation, sexual orientation, gender identity, marital status, disability and genetic information, age, membership in an employee organization, or other nonmerit factor. The Coast Guard strives to achieve a widely diverse candidate pool for all of its recruitment actions. Dated: October 11, 2024. D.C. Barata, Rear Admiral, U.S. Coast Guard, Federal Maritime Security Coordinator Gulf of Mexico. [FR Doc. 2024–24164 Filed 10–17–24; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY U.S. Immigration and Customs Enforcement [Docket No. ICEB–2024–0009] RIN 1653–ZA53 Employment Authorization for Certain Lebanese F–1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of the Current Humanitarian Crisis in Lebanon 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 certain Lebanese F–1 nonimmigrant students who are experiencing severe economic hardship as a direct result of the current humanitarian crisis in Lebanon. The Secretary is providing relief to these students who are in lawful F–1 nonimmigrant status, so the students may request employment authorization, work an increased number of hours while school is in session, and reduce their course load while continuing to maintain their F–1 nonimmigrant status. DATES: This action covers eligible Lebanese F–1 nonimmigrant students beginning on July 26, 2024, and ending on January 25, 2026. FOR FURTHER INFORMATION CONTACT: Sharon Snyder, Unit Chief, Policy and Response Unit, Student and Exchange Visitor Program, MS 5600, U.S. Immigration and Customs Enforcement khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 16:48 Oct 17, 2024 Jkt 265001 (ICE), 500 12th Street SW, Washington, DC 20536–5600; email: sevp@ ice.dhs.gov, telephone: (703) 603–3400. This is not a toll-free number. Program information can be found at https:// www.ice.gov/sevis/. SUPPLEMENTARY INFORMATION: What action is DHS taking under this notice? The Secretary is exercising the authority under 8 CFR 214.2(f)(9) to temporarily suspend the applicability of certain requirements governing oncampus and off-campus employment for F–1 nonimmigrant students whose country of citizenship is Lebanon regardless of country of birth (or individuals having no nationality who last habitually resided in Lebanon), who were present in the United States in lawful F–1 nonimmigrant student status on July 26, 2024, and who are experiencing severe economic hardship as a direct result of the current humanitarian crisis in Lebanon. Effective with this publication, suspension of the employment limitations is available through January 25, 2026, for those who were in lawful F–1 nonimmigrant status on July 26, 2024. DHS will deem an F–1 nonimmigrant student granted employment authorization through this notice to be engaged in a ‘‘full course of study’’ for the duration of the employment authorization, if the student satisfies the minimum course load set forth in this notice.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 Lebanon regardless of country of birth (or an individual having no nationality who last habitually resided in Lebanon); (2) Were lawfully present in the United States on July 26, 2024, in F–1 nonimmigrant status under section 101(a)(15)(F)(i) of the Immigration and Nationality Act (INA), 8 U.S.C. 1101(a)(15)(F)(i); (3) Are enrolled in an academic institution that is Student and Exchange Visitor Program (SEVP)-certified for 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 January 25, 2026, provided the student satisfies the minimum course load requirements in this notice. PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 83897 enrollment for F–1 nonimmigrant students; (4) Are currently maintaining F–1 nonimmigrant status; and (5) Are experiencing severe economic hardship as a direct result of the current humanitarian crisis in Lebanon. This notice applies to F–1 nonimmigrant students in an approved private school in kindergarten through grade 12, public school grades 9 through 12, and undergraduate and graduate education. An F–1 nonimmigrant student covered by this notice who transfers to another SEVP-certified academic institution remains eligible for the relief provided by means of this notice. Why is DHS taking this action? DHS is taking action to provide relief to certain Lebanese F–1 nonimmigrant students experiencing severe economic hardship due to emergent circumstances presented by the current humanitarian crisis in Lebanon. See 8 CFR 214.2(f)(5)(v), (9)(i), and (9)(ii). Humanitarian conditions in southern Lebanon have significantly deteriorated due to recent escalating tensions between Hezbollah and Israel. The International Organization for Migration (IOM) reported that 90,350 people had become newly displaced since September 19, 2024, following the latest military escalation.2 By September 30, 2024, IOM had tracked the number of displaced individuals to 346,209.3 UNHCR reports that it has been approached by over 8,500 refugees who have fled their homes and displaced internally in Lebanon during the week prior to October 1, 2024, with the most urgent needs being access to safe shelters, core relief items, healthcare, food, cash assistance, and protection services.4 Citing to the deterioration of humanitarian conditions, on July 26, 2024, President Joseph Biden issued a memorandum, directing the Secretary to defer for 18 months the removal of certain Lebanese nationals present in the United States by implementing 2 ‘‘Over 90,000 People Displaced by Latest Military Escalation in Lebanon—IOM Scales Up Its Response,’’ International Organization for Migration (IOM), Sept. 25, 2024, available at https:// www.iom.int/news/over-90000-people-displacedlatest-military-escalation-lebanon-iom-scales-itsresponse (last visited Oct. 4, 2024). 3 Lebanon—Mobility Snapshot—Round 49—30– 09–2024, IOM, Sept. 30, 2024, available at https:// dtm.iom.int/reports/lebanon-mobility-snapshotround-49-30-09-2024?close=true (last visited Oct. 4, 2024). 4 ‘‘Lebanon Emergency: Flash Update 1 October 2024,’’ UNHCR, Oct. 1, 2024, available at https:// reporting.unhcr.org/lebanon-emergency-flashupdate-2 (last visited Oct. 4, 2024). E:\FR\FM\18OCN1.SGM 18OCN1 83898 Federal Register / Vol. 89, No. 202 / Friday, October 18, 2024 / Notices khammond on DSKJM1Z7X2PROD with NOTICES Deferred Enforced Departure for those eligible individuals.5 As of July 26, 2024, approximately 1,740 F–1 nonimmigrant students from Lebanon are enrolled at SEVP-certified academic institutions in the United States. Given the extent of the current humanitarian crisis in Lebanon, affected students whose primary means of financial support comes from Lebanon 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 unfeasible for many students to safely return to Lebanon 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 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 5 Memorandum on the Deferred Enforced Departure for Certain Lebanese Nationals, The White House, July 26, 2024, available at https:// www.whitehouse.gov/briefing-room/presidentialactions/2024/07/26/memorandum-on-the-deferredenforced-departure-for-certain-lebanese-nationals/ (last visited July 26, 2024). VerDate Sep<11>2014 16:48 Oct 17, 2024 Jkt 265001 ‘‘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 Lebanese citizen regardless of country of birth (or an individual having no nationality who last habitually resided in Lebanon), 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 ‘‘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].6 6 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 January 25, 2026, provided the student satisfies the minimum course load requirements in this notice. PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 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’’ 7 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. See 8 CFR 214.2(f)(15)(i). Will the suspension of the applicability of the standard student employment requirements apply to an individual who received an initial F–1 visa and makes an initial entry into the United States after the effective date of this notice in the Federal Register? No. The suspension of the applicability of the standard regulatory requirements only applies to certain F– 1 nonimmigrant students who meet the following conditions: (1) Are a citizen of Lebanon regardless of country of birth (or an individual having no nationality who last habitually resided in Lebanon); (2) Were lawfully present in the United States on July 26, 2024, in F–1 nonimmigrant status under section 101(a)(15)(F)(i) of the INA, 8 U.S.C. 1101(a)(15)(F)(i); 7 See E:\FR\FM\18OCN1.SGM 8 CFR 214.2(f)(6). 18OCN1 Federal Register / Vol. 89, No. 202 / Friday, October 18, 2024 / Notices (3) Are enrolled in an academic institution that is SEVP-certified for enrollment of F–1 nonimmigrant students; (4) Are currently maintaining F–1 nonimmigrant status; and (5) Are experiencing severe economic hardship as a direct result of the current humanitarian crisis in Lebanon. An F–1 nonimmigrant student who does not meet all these requirements is ineligible for the suspension of the applicability of the standard regulatory requirements (even if experiencing severe economic hardship as a direct result of the current humanitarian crisis in Lebanon). 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. khammond on DSKJM1Z7X2PROD with NOTICES 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 Lebanese F–1 nonimmigrant students enrolled in kindergarten through grade 12 at a private school, or grades 9 through 12 at a public high school. Such students must maintain the minimum number of hours of class attendance per week prescribed by the academic institution for normal progress toward graduation, as required under 8 CFR 214.2(f)(6)(i)(E). The suspension of certain regulatory requirements related to employment through this notice is applicable to all eligible F–1 nonimmigrant students regardless of educational level. Eligible Lebanese F– 1 nonimmigrant students enrolled in an elementary school, middle school, or high school do benefit from the suspension of the requirement in 8 CFR 214.2(f)(9)(i) that limits on-campus employment to 20 hours per week while school is in session. VerDate Sep<11>2014 16:48 Oct 17, 2024 Jkt 265001 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].8 To obtain on-campus employment authorization, the F–1 nonimmigrant student must demonstrate to the DSO that the employment is necessary to avoid severe economic hardship directly resulting from the current humanitarian crisis in Lebanon. An F–1 nonimmigrant student authorized by the DSO to engage in on-campus employment by means of this notice does not need to file any applications with U.S. Citizenship and Immigration Services (USCIS). The standard rules permitting full-time employment on-campus when school is not in session or during school vacations apply, as described in 8 CFR 214.2(f)(9)(i). Will an F–1 nonimmigrant student who receives on-campus employment authorization under this notice have authorization to reduce the normal course load and still maintain his or her F–1 nonimmigrant student status? Yes. DHS will deem an F–1 nonimmigrant student who receives oncampus employment authorization 8 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 January 25, 2026, provided the student satisfies the minimum course load requirements in this notice. PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 83899 under this notice to be engaged in a ‘‘full course of study’’ 9 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.10 Off-Campus Employment Authorization What regulatory requirements does this notice temporarily suspend relating to off-campus employment? For an F–1 student covered by this notice, as provided under 8 CFR 214.2(f)(9)(ii)(A), the Secretary is suspending the following regulatory requirements relating to off-campus employment: (a) The requirement that a student must have been in F–1 nonimmigrant student status for one full academic year to be eligible for off-campus employment; (b) The requirement that an F–1 nonimmigrant student must demonstrate that acceptance of employment will not interfere with the student’s carrying a full course of study; (c) The requirement that limits an F– 1 nonimmigrant student’s employment authorization to no more than 20 hours per week of off-campus employment while the school is in session; and (d) The requirement that the student demonstrate that employment under 8 CFR 214.2(f)(9)(i) is unavailable or otherwise insufficient to meet the needs that have arisen as a result of the unforeseen circumstances. Will an F–1 nonimmigrant student who receives off-campus employment authorization under this notice have authorization to reduce the normal course load and still maintain F–1 nonimmigrant status? Yes. DHS will deem an F–1 nonimmigrant student who receives offcampus employment authorization by means of this notice to be engaged in a 9 See 8 CFR 214.2(f)(6). course load requirement for enrollment in a school must be established in a publicly available document (e.g., catalog, website, or operating procedure), and it must be a standard applicable to all students (U.S. citizens and foreign students) enrolled at the school. 10 Minimum E:\FR\FM\18OCN1.SGM 18OCN1 83900 Federal Register / Vol. 89, No. 202 / Friday, October 18, 2024 / Notices khammond on DSKJM1Z7X2PROD with NOTICES ‘‘full course of study’’ 11 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.12 How may an eligible F–1 nonimmigrant student obtain employment authorization for off-campus employment with a reduced course load under this notice? An F–1 nonimmigrant student must file a Form I–765, Application for Employment Authorization, with USCIS to apply for off-campus employment authorization based on severe economic hardship directly resulting from the current humanitarian crisis in Lebanon.13 Filing instructions are located at https://www.uscis.gov/i-765. Fee considerations. Submission of a Form I–765 currently requires payment of a $520 fee. An applicant who is unable to pay the fee may submit a completed Form I–912, Request for Fee Waiver, along with the Form I–765, Application for Employment Authorization. See https:// www.uscis.gov/i-912. The submission must include an explanation about why USCIS should grant the fee waiver and the reason(s) for the inability to pay, and any evidence to support the reason(s). See 8 CFR 106.2 and 106.3. Supporting documentation. An F–1 nonimmigrant student seeking offcampus employment authorization due to severe economic hardship must demonstrate the following to their DSO: (1) This employment is necessary to avoid severe economic hardship; and (2) The hardship is a direct result of the current humanitarian crisis in Lebanon. 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 11 See 8 CFR 214.2(f)(6). course load requirement for enrollment in a school must be established in a publicly available document (e.g., catalog, website, or operating procedure), and it must be a standard applicable to all students (U.S. citizens and foreign students) enrolled at the school. 13 See 8 CFR 274a.12(c)(3)(iii). 12 Minimum VerDate Sep<11>2014 16:48 Oct 17, 2024 Jkt 265001 following statement in the remarks field of the student’s SEVIS record, which will then appear on that student’s Form I–20: 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 Recommended for off-campus employment package includes all of the following authorization in excess of 20 hours per week documents: and reduced course load under the Special Student Relief authorization from the date of (1) A completed Form I–765 with all the USCIS authorization noted on Form I– applicable supporting evidence; 766 until [DSO must insert the program end (2) The required fee or properly date or the end date of this notice, whichever documented fee waiver request as date comes first].14 defined in 8 CFR 106.2 and 106.3; and The F–1 nonimmigrant student must (3) A signed and dated copy of the then file the properly endorsed Form I– student’s Form I–20 with the 20 and Form I–765 according to the appropriate DSO recommendation, as instructions for the Form I–765. The F– previously described in this notice; and 1 nonimmigrant student may begin (b) Send the application in an working off-campus only upon receipt envelope which is clearly marked on the of the EAD from USCIS. front of the envelope, bottom right-hand DSO recommendation. In making a side, with the phrase ‘‘SPECIAL recommendation that an F–1 STUDENT RELIEF.’’ 17 Failure to nonimmigrant student be approved for include this notation may result in Special Student Relief, the DSO certifies significant processing delays. that: If USCIS approves the student’s Form (a) The F–1 nonimmigrant student is I–765, USCIS will send the student a in good academic standing and is Form I–766 EAD as evidence of carrying a ‘‘full course of study’’ 15 at the employment authorization. The EAD time of the request for employment will contain an expiration date that does authorization; not exceed the end of the granted (b) The F–1 nonimmigrant student is temporary relief. a citizen of Lebanon regardless of country of birth (or an individual having Deferred Enforced Departure (DED) no nationality who last habitually Considerations resided in Lebanon), and is experiencing severe economic hardship Can an F–1 nonimmigrant student apply for a DED-related EAD and for as a direct result of the current benefits under this notice at the same humanitarian crisis in Lebanon, as time? documented on the Form I–20; (c) The F–1 nonimmigrant student has Yes. Although they are not required to confirmed that the student will comply apply for a DED-related EAD, an F–1 with the reduced course load nonimmigrant student who meets the requirements of this notice and register eligibility requirements under the for the duration of the authorized applicable DED notice and wants to employment for a minimum of six obtain such an EAD must file Form I– semester or quarter hours of instruction 765 and pay the related fee (or request per academic term if at the a fee waiver). The eligible F–1 student undergraduate level, or for a minimum may also apply for Special Student of three semester or quarter hours of Relief under this notice by requesting instruction per academic term if at the that the DSO notate on their Form I–20 graduate level; 16 and in SEVIS that the student has been (d) The off-campus employment is authorized to carry a reduced course necessary to alleviate severe economic load and is permitted to work an hardship to the individual as a direct increased number of hours under result of the current humanitarian crisis Special Student Relief while school is in in Lebanon. session. The DSO should also notate on Processing. To facilitate prompt the Form I–20 that the student is adjudication of the student’s application working pursuant to a DED-related EAD. As long as the F–1 nonimmigrant 14 Because the suspension of requirements under student maintains the minimum course this notice applies throughout an academic term load described in this notice, does not during which the suspension is in effect, DHS considers an F–1 nonimmigrant student who otherwise violate the student’s engages in a reduced course load or employment (or nonimmigrant status, including as both) after this notice is effective to be engaging in provided under 8 CFR 214.1(g), and 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 January 25, 2026, provided the student satisfies the minimum course load requirements in this notice. 15 See 8 CFR 214.2(f)(6). 16 8 CFR 214.2(f)(5)(v). PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 17 Students who wish to apply for a Special Student Relief-related EAD under this notice should use the mailing address specifically designated for (C)(3)(iii) filings. The direct filing address is available at https://www.uscis.gov/i-765-addresses (last visited Sept. 12, 2024). E:\FR\FM\18OCN1.SGM 18OCN1 Federal Register / Vol. 89, No. 202 / Friday, October 18, 2024 / Notices remains covered under DED, then the student maintains F–1 nonimmigrant status and DED concurrently. When a student applies simultaneously for a DED-related EAD and benefits under this notice, what is the minimum course load requirement while an application for employment authorization is pending? The F–1 nonimmigrant student must maintain normal course load requirements for a ‘‘full course of study’’ 18 unless or until the F–1 nonimmigrant student is granted employment authorization under this notice. DED-related employment authorization, by itself, does not authorize a nonimmigrant student to drop below twelve credit hours, or otherwise applicable minimum requirements (e.g., clock hours for nontraditional academic programs). Once approved for a DED-related EAD and Special Student Relief employment authorization, as indicated by the DSO’s required entry in SEVIS and issuance of an updated Form I–20, the F–1 nonimmigrant student may drop below twelve credit hours, or otherwise applicable minimum requirements (with a minimum of six semester or quarter hours of instruction per academic term if the student is at the undergraduate level, or a minimum of three semester or quarter hours of instruction per academic term if the student is at the graduate level). See 8 CFR 214.2(f)(5)(v), 214.2(f)(6), 214.2(f)(9)(i) and (ii). khammond on DSKJM1Z7X2PROD with NOTICES How does an F–1 student who has received a DED-related EAD then apply for authorization to take a reduced course load under this notice? There is no further application process with USCIS if a student has been approved for a DED-related EAD. However, the F–1 nonimmigrant student must demonstrate and provide documentation to the DSO of severe economic hardship as a direct result of the current humanitarian crisis in Lebanon. The DSO will then verify and update the student’s SEVIS record to enable the F–1 nonimmigrant student with DED to reduce their course load without any further action or application. No other EAD needs to be issued for the F–1 nonimmigrant student to have employment authorization. 18 See 8 CFR 214.2(f)(6). VerDate Sep<11>2014 16:48 Oct 17, 2024 Jkt 265001 Can a noncitizen who has been granted a DED-related EAD apply for reinstatement to F–1 nonimmigrant student status after the noncitizen’s F– 1 nonimmigrant student status has lapsed? Yes. Current regulations permit certain students who fall out of F–1 nonimmigrant student status to apply for reinstatement. See 8 CFR 214.2(f)(16). This provision might apply to students who worked on a DEDrelated EAD or dropped their course load before July 26, 2024, and therefore fell out of F–1 nonimmigrant status. The student must satisfy the criteria set forth in the F–1 nonimmigrant student status reinstatement regulations. How long will this notice remain in effect? This notice grants temporary relief through January 25, 2026,19 to eligible F–1 nonimmigrant students. DHS will continue to monitor the situation in Lebanon. Should the special provisions authorized by this notice need modification or extension, DHS will announce such changes in the Federal Register. Paperwork Reduction Act (PRA) An F–1 nonimmigrant student seeking off-campus employment authorization due to severe economic hardship resulting from the current humanitarian crisis in Lebanon 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 19 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 January 25, 2026, provided the student satisfies the minimum course load requirement in this notice. PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 83901 continuing to maintain F–1 nonimmigrant student status. To apply for employment authorization, certain F–1 nonimmigrant students must complete and submit a currently approved Form I–765 according to the instructions on the form. OMB has previously approved the collection of information contained on the current Form I–765, consistent with the PRA (OMB Control No. 1615– 0040). Although there will be a slight increase in the number of Form I–765 filings because of this notice, the number of filings currently contained in the OMB annual inventory for Form I– 765 is sufficient to cover the additional filings. Accordingly, there is no further action required under the PRA. Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security. [FR Doc. 2024–24226 Filed 10–17–24; 8:45 am] BILLING CODE 9111–CB–P DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services [CIS No. 2782–24; DHS Docket No. USCIS– 2024–0013] RIN 1615–ZC10 Implementation of Employment Authorization for Individuals Covered by Deferred Enforced Departure for Lebanon U.S. Citizenship and Immigration Services (USCIS), Department of Homeland Security (DHS). ACTION: Notice of Employment Authorization for Individuals Covered by Deferred Enforced Departure (DED). AGENCY: On July 26, 2024, President Joseph Biden issued a memorandum to the Secretary of State and the Secretary of Homeland Security (Secretary) determining that it was in the foreign policy interest of the United States to defer for 18 months through January 25, 2026, the removal of certain Lebanese nationals present in the United States and to provide them with employment authorization documentation. The memorandum directed the Secretary to make provision for immediate allowance of employment authorization for such individuals. This notice provides information about Deferred Enforced Departure (DED) for Lebanese nationals and provides information on how eligible individuals may apply for DED-based Employment Authorization SUMMARY: E:\FR\FM\18OCN1.SGM 18OCN1

Agencies

[Federal Register Volume 89, Number 202 (Friday, October 18, 2024)]
[Notices]
[Pages 83897-83901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24226]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

U.S. Immigration and Customs Enforcement

[Docket No. ICEB-2024-0009]
RIN 1653-ZA53


Employment Authorization for Certain Lebanese F-1 Nonimmigrant 
Students Experiencing Severe Economic Hardship as a Direct Result of 
the Current Humanitarian Crisis in Lebanon

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

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Department of Homeland Security (DHS) is suspending 
certain regulatory requirements for certain Lebanese F-1 nonimmigrant 
students who are experiencing severe economic hardship as a direct 
result of the current humanitarian crisis in Lebanon. The Secretary is 
providing relief to these students who are in lawful F-1 nonimmigrant 
status, so the students may request employment authorization, work an 
increased number of hours while school is in session, and reduce their 
course load while continuing to maintain their F-1 nonimmigrant status.

DATES: This action covers eligible Lebanese F-1 nonimmigrant students 
beginning on July 26, 2024, and ending on January 25, 2026.

FOR FURTHER INFORMATION CONTACT: Sharon Snyder, Unit Chief, Policy and 
Response Unit, Student and Exchange Visitor Program, MS 5600, U.S. 
Immigration and Customs Enforcement (ICE), 500 12th Street SW, 
Washington, DC 20536-5600; email: [email protected], telephone: (703) 
603-3400. This is not a toll-free number. Program information can be 
found at https://www.ice.gov/sevis/.

SUPPLEMENTARY INFORMATION:

What action is DHS taking under this notice?

    The Secretary is exercising the authority under 8 CFR 214.2(f)(9) 
to temporarily suspend the applicability of certain requirements 
governing on-campus and off-campus employment for F-1 nonimmigrant 
students whose country of citizenship is Lebanon regardless of country 
of birth (or individuals having no nationality who last habitually 
resided in Lebanon), who were present in the United States in lawful F-
1 nonimmigrant student status on July 26, 2024, and who are 
experiencing severe economic hardship as a direct result of the current 
humanitarian crisis in Lebanon. Effective with this publication, 
suspension of the employment limitations is available through January 
25, 2026, for those who were in lawful F-1 nonimmigrant status on July 
26, 2024. DHS will deem an F-1 nonimmigrant student granted employment 
authorization through this notice to be engaged in a ``full course of 
study'' for the duration of the employment authorization, if the 
student satisfies the minimum course load set forth in this notice.\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 January 25, 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 Lebanon regardless of country of birth (or an 
individual having no nationality who last habitually resided in 
Lebanon);
    (2) Were lawfully present in the United States on July 26, 2024, in 
F-1 nonimmigrant status under section 101(a)(15)(F)(i) of the 
Immigration and Nationality Act (INA), 8 U.S.C. 1101(a)(15)(F)(i);
    (3) Are enrolled in an academic institution that is Student and 
Exchange Visitor Program (SEVP)-certified for enrollment for F-1 
nonimmigrant students;
    (4) Are currently maintaining F-1 nonimmigrant status; and
    (5) Are experiencing severe economic hardship as a direct result of 
the current humanitarian crisis in Lebanon.
    This notice applies to F-1 nonimmigrant students in an approved 
private school in kindergarten through grade 12, public school grades 9 
through 12, and undergraduate and graduate education. An F-1 
nonimmigrant student covered by this notice who transfers to another 
SEVP-certified academic institution remains eligible for the relief 
provided by means of this notice.

Why is DHS taking this action?

    DHS is taking action to provide relief to certain Lebanese F-1 
nonimmigrant students experiencing severe economic hardship due to 
emergent circumstances presented by the current humanitarian crisis in 
Lebanon. See 8 CFR 214.2(f)(5)(v), (9)(i), and (9)(ii). Humanitarian 
conditions in southern Lebanon have significantly deteriorated due to 
recent escalating tensions between Hezbollah and Israel. The 
International Organization for Migration (IOM) reported that 90,350 
people had become newly displaced since September 19, 2024, following 
the latest military escalation.\2\ By September 30, 2024, IOM had 
tracked the number of displaced individuals to 346,209.\3\ UNHCR 
reports that it has been approached by over 8,500 refugees who have 
fled their homes and displaced internally in Lebanon during the week 
prior to October 1, 2024, with the most urgent needs being access to 
safe shelters, core relief items, healthcare, food, cash assistance, 
and protection services.\4\ Citing to the deterioration of humanitarian 
conditions, on July 26, 2024, President Joseph Biden issued a 
memorandum, directing the Secretary to defer for 18 months the removal 
of certain Lebanese nationals present in the United States by 
implementing

[[Page 83898]]

Deferred Enforced Departure for those eligible individuals.\5\
---------------------------------------------------------------------------

    \2\ ``Over 90,000 People Displaced by Latest Military Escalation 
in Lebanon--IOM Scales Up Its Response,'' International Organization 
for Migration (IOM), Sept. 25, 2024, available at https://www.iom.int/news/over-90000-people-displaced-latest-military-escalation-lebanon-iom-scales-its-response (last visited Oct. 4, 
2024).
    \3\ Lebanon--Mobility Snapshot--Round 49--30-09-2024, IOM, Sept. 
30, 2024, available at https://dtm.iom.int/reports/lebanon-mobility-snapshot-round-49-30-09-2024?close=true (last visited Oct. 4, 2024).
    \4\ ``Lebanon Emergency: Flash Update 1 October 2024,'' UNHCR, 
Oct. 1, 2024, available at https://reporting.unhcr.org/lebanon-emergency-flash-update-2 (last visited Oct. 4, 2024).
    \5\ Memorandum on the Deferred Enforced Departure for Certain 
Lebanese Nationals, The White House, July 26, 2024, available at 
https://www.whitehouse.gov/briefing-room/presidential-actions/2024/07/26/memorandum-on-the-deferred-enforced-departure-for-certain-lebanese-nationals/ (last visited July 26, 2024).
---------------------------------------------------------------------------

    As of July 26, 2024, approximately 1,740 F-1 nonimmigrant students 
from Lebanon are enrolled at SEVP-certified academic institutions in 
the United States. Given the extent of the current humanitarian crisis 
in Lebanon, affected students whose primary means of financial support 
comes from Lebanon 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 unfeasible for many students to safely 
return to Lebanon for the foreseeable future. Without employment 
authorization, these students may lack the means to meet basic living 
expenses.

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

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

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

    Yes. An F-1 nonimmigrant student who is a Lebanese citizen 
regardless of country of birth (or an individual having no nationality 
who last habitually resided in Lebanon), 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].\6\
---------------------------------------------------------------------------

    \6\ 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 
January 25, 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'' \7\ 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.
---------------------------------------------------------------------------

    \7\ See 8 CFR 214.2(f)(6).
---------------------------------------------------------------------------

Will an F-2 dependent (spouse or minor child) of an F-1 nonimmigrant 
student covered by this notice be eligible for employment 
authorization?

    No. An F-2 spouse or minor child of an F-1 nonimmigrant student is 
not authorized to work in the United States and, therefore, may not 
accept employment while in F-2 nonimmigrant status. See 8 CFR 
214.2(f)(15)(i).

Will the suspension of the applicability of the standard student 
employment requirements apply to an individual who received an initial 
F-1 visa and makes an initial entry into the United States after the 
effective date of this notice in the Federal Register?

    No. The suspension of the applicability of the standard regulatory 
requirements only applies to certain F-1 nonimmigrant students who meet 
the following conditions:
    (1) Are a citizen of Lebanon regardless of country of birth (or an 
individual having no nationality who last habitually resided in 
Lebanon);
    (2) Were lawfully present in the United States on July 26, 2024, in 
F-1 nonimmigrant status under section 101(a)(15)(F)(i) of the INA, 8 
U.S.C. 1101(a)(15)(F)(i);

[[Page 83899]]

    (3) Are enrolled in an academic institution that is SEVP-certified 
for enrollment of F-1 nonimmigrant students;
    (4) Are currently maintaining F-1 nonimmigrant status; and
    (5) Are experiencing severe economic hardship as a direct result of 
the current humanitarian crisis in Lebanon.
    An F-1 nonimmigrant student who does not meet all these 
requirements is ineligible for the suspension of the applicability of 
the standard regulatory requirements (even if experiencing severe 
economic hardship as a direct result of the current humanitarian crisis 
in Lebanon).

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 Lebanese F-1 nonimmigrant students enrolled in 
kindergarten through grade 12 at a private school, or grades 9 through 
12 at a public high school. Such students must maintain the minimum 
number of hours of class attendance per week prescribed by the academic 
institution for normal progress toward graduation, as required under 8 
CFR 214.2(f)(6)(i)(E). The suspension of certain regulatory 
requirements related to employment through this notice is applicable to 
all eligible F-1 nonimmigrant students regardless of educational level. 
Eligible Lebanese F-1 nonimmigrant students enrolled in an elementary 
school, middle school, or high school do benefit from the suspension of 
the requirement in 8 CFR 214.2(f)(9)(i) that limits on-campus 
employment to 20 hours per week while school is in session.

On-Campus Employment Authorization

Will an F-1 nonimmigrant student who receives on-campus employment 
authorization under this notice be authorized to work more than 20 
hours per week while school is in session?

    Yes. For an F-1 nonimmigrant student covered in this notice, the 
Secretary is suspending the applicability of the requirement in 8 CFR 
214.2(f)(9)(i) that limits an F-1 nonimmigrant student's on-campus 
employment to 20 hours per week while school is in session. An eligible 
F-1 nonimmigrant student has authorization to work more than 20 hours 
per week while school is in session if the DSO has entered the 
following statement in the remarks field of the student's SEVIS record, 
which will be reflected on the student's Form I-20:

    Approved for more than 20 hours per week of on-campus employment 
and reduced course load, under the Special Student Relief 
authorization from [DSO must insert the beginning date of this 
notice or the beginning date of the student's employment, whichever 
date is later] until [DSO must insert the student's program end date 
or the end date of this notice, whichever date comes first].\8\
---------------------------------------------------------------------------

    \8\ 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 January 25, 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 
humanitarian crisis in Lebanon. An F-1 nonimmigrant student authorized 
by the DSO to engage in on-campus employment by means of this notice 
does not need to file any applications with U.S. Citizenship and 
Immigration Services (USCIS). The standard rules permitting full-time 
employment on-campus when school is not in session or during school 
vacations apply, as described in 8 CFR 214.2(f)(9)(i).

Will an F-1 nonimmigrant student who receives on-campus employment 
authorization under this notice have authorization to reduce the normal 
course load and still maintain his or her F-1 nonimmigrant student 
status?

    Yes. DHS will deem an F-1 nonimmigrant student who receives on-
campus employment authorization under this notice to be engaged in a 
``full course of study'' \9\ 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.\10\
---------------------------------------------------------------------------

    \9\ See 8 CFR 214.2(f)(6).
    \10\ 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.
---------------------------------------------------------------------------

Off-Campus Employment Authorization

What regulatory requirements does this notice temporarily suspend 
relating to off-campus employment?

    For an F-1 student covered by this notice, as provided under 8 CFR 
214.2(f)(9)(ii)(A), the Secretary is suspending the following 
regulatory requirements relating to off-campus employment:
    (a) The requirement that a student must have been in F-1 
nonimmigrant student status for one full academic year to be eligible 
for off-campus employment;
    (b) The requirement that an F-1 nonimmigrant student must 
demonstrate that acceptance of employment will not interfere with the 
student's carrying a full course of study;
    (c) The requirement that limits an F-1 nonimmigrant student's 
employment authorization to no more than 20 hours per week of off-
campus employment while the school is in session; and
    (d) The requirement that the student demonstrate that employment 
under 8 CFR 214.2(f)(9)(i) is unavailable or otherwise insufficient to 
meet the needs that have arisen as a result of the unforeseen 
circumstances.

Will an F-1 nonimmigrant student who receives off-campus employment 
authorization under this notice have authorization to reduce the normal 
course load and still maintain F-1 nonimmigrant status?

    Yes. DHS will deem an F-1 nonimmigrant student who receives off-
campus employment authorization by means of this notice to be engaged 
in a

[[Page 83900]]

``full course of study'' \11\ 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.\12\
---------------------------------------------------------------------------

    \11\ See 8 CFR 214.2(f)(6).
    \12\ 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 humanitarian crisis in Lebanon.\13\ Filing instructions are 
located at https://www.uscis.gov/i-765.
---------------------------------------------------------------------------

    \13\ 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:
    (1) This employment is necessary to avoid severe economic hardship; 
and
    (2) The hardship is a direct result of the current humanitarian 
crisis in Lebanon.
    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].\14\
---------------------------------------------------------------------------

    \14\ 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 January 25, 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'' \15\ at the time of the request 
for employment authorization;
---------------------------------------------------------------------------

    \15\ See 8 CFR 214.2(f)(6).
---------------------------------------------------------------------------

    (b) The F-1 nonimmigrant student is a citizen of Lebanon regardless 
of country of birth (or an individual having no nationality who last 
habitually resided in Lebanon), and is experiencing severe economic 
hardship as a direct result of the current humanitarian crisis in 
Lebanon, as documented on the Form I-20;
    (c) The F-1 nonimmigrant student has confirmed that the student 
will comply with the reduced course load requirements of this notice 
and register for the duration of the authorized employment for a 
minimum of six semester or quarter hours of instruction per academic 
term if at the undergraduate level, or for a minimum of three semester 
or quarter hours of instruction per academic term if at the graduate 
level; \16\ and
---------------------------------------------------------------------------

    \16\ 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 
humanitarian crisis in Lebanon.
    Processing. To facilitate prompt adjudication of the student's 
application for off-campus employment authorization under 8 CFR 
214.2(f)(9)(ii)(C), the F-1 nonimmigrant student should do both of the 
following:
    (a) Ensure that the application package includes all of the 
following documents:
    (1) A completed Form I-765 with all applicable supporting evidence;
    (2) The required fee or properly documented fee waiver request as 
defined in 8 CFR 106.2 and 106.3; and
    (3) A signed and dated copy of the student's Form I-20 with the 
appropriate DSO recommendation, as previously described in this notice; 
and
    (b) Send the application in an envelope which is clearly marked on 
the front of the envelope, bottom right-hand side, with the phrase 
``SPECIAL STUDENT RELIEF.'' \17\ Failure to include this notation may 
result in significant processing delays.
---------------------------------------------------------------------------

    \17\ Students who wish to apply for a Special Student Relief-
related EAD under this notice should use the mailing address 
specifically designated for (C)(3)(iii) filings. The direct filing 
address is available at https://www.uscis.gov/i-765-addresses (last 
visited Sept. 12, 2024).
---------------------------------------------------------------------------

    If USCIS approves the student's Form I-765, USCIS will send the 
student a Form I-766 EAD as evidence of employment authorization. The 
EAD will contain an expiration date that does not exceed the end of the 
granted temporary relief.

Deferred Enforced Departure (DED) Considerations

Can an F-1 nonimmigrant student apply for a DED-related EAD and for 
benefits under this notice at the same time?

    Yes. Although they are not required to apply for a DED-related EAD, 
an F-1 nonimmigrant student who meets the eligibility requirements 
under the applicable DED notice and wants to obtain such an EAD must 
file Form I-765 and pay the related fee (or request a fee waiver). The 
eligible F-1 student may also apply for Special Student Relief under 
this notice by requesting that the DSO notate on their Form I-20 in 
SEVIS that the student has been authorized to carry a reduced course 
load and is permitted to work an increased number of hours under 
Special Student Relief while school is in session. The DSO should also 
notate on the Form I-20 that the student is working pursuant to a DED-
related EAD. As long as the F-1 nonimmigrant student maintains the 
minimum course load described in this notice, does not otherwise 
violate the student's nonimmigrant status, including as provided under 
8 CFR 214.1(g), and

[[Page 83901]]

remains covered under DED, then the student maintains F-1 nonimmigrant 
status and DED concurrently.

When a student applies simultaneously for a DED-related EAD and 
benefits under this notice, what is the minimum course load requirement 
while an application for employment authorization is pending?

    The F-1 nonimmigrant student must maintain normal course load 
requirements for a ``full course of study'' \18\ unless or until the F-
1 nonimmigrant student is granted employment authorization under this 
notice. DED-related employment authorization, by itself, does not 
authorize a nonimmigrant student to drop below twelve credit hours, or 
otherwise applicable minimum requirements (e.g., clock hours for non-
traditional academic programs). Once approved for a DED-related EAD and 
Special Student Relief employment authorization, as indicated by the 
DSO's required entry in SEVIS and issuance of an updated Form I-20, the 
F-1 nonimmigrant student may drop below twelve credit hours, or 
otherwise applicable minimum requirements (with a minimum of six 
semester or quarter hours of instruction per academic term if the 
student is at the undergraduate level, or a minimum of three semester 
or quarter hours of instruction per academic term if the student is at 
the graduate level). See 8 CFR 214.2(f)(5)(v), 214.2(f)(6), 
214.2(f)(9)(i) and (ii).
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    \18\ See 8 CFR 214.2(f)(6).
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How does an F-1 student who has received a DED-related EAD then apply 
for authorization to take a reduced course load under this notice?

    There is no further application process with USCIS if a student has 
been approved for a DED-related EAD. However, the F-1 nonimmigrant 
student must demonstrate and provide documentation to the DSO of severe 
economic hardship as a direct result of the current humanitarian crisis 
in Lebanon. The DSO will then verify and update the student's SEVIS 
record to enable the F-1 nonimmigrant student with DED to reduce their 
course load without any further action or application. No other EAD 
needs to be issued for the F-1 nonimmigrant student to have employment 
authorization.

Can a noncitizen who has been granted a DED-related EAD apply for 
reinstatement to F-1 nonimmigrant student status after the noncitizen's 
F-1 nonimmigrant student status has lapsed?

    Yes. Current regulations permit certain students who fall out of F-
1 nonimmigrant student status to apply for reinstatement. See 8 CFR 
214.2(f)(16). This provision might apply to students who worked on a 
DED-related EAD or dropped their course load before July 26, 2024, and 
therefore fell out of F-1 nonimmigrant status. The student must satisfy 
the criteria set forth in the F-1 nonimmigrant student status 
reinstatement regulations.

How long will this notice remain in effect?

    This notice grants temporary relief through January 25, 2026,\19\ 
to eligible F-1 nonimmigrant students. DHS will continue to monitor the 
situation in Lebanon. 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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    \19\ 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 January 25, 2026, provided the student satisfies the minimum 
course load requirement in this notice.
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Paperwork Reduction Act (PRA)

    An F-1 nonimmigrant student seeking off-campus employment 
authorization due to severe economic hardship resulting from the 
current humanitarian crisis in Lebanon must demonstrate to the DSO that 
this employment is necessary to avoid severe economic hardship. A DSO 
who agrees that a nonimmigrant student should receive such employment 
authorization must recommend an application approval to USCIS by 
entering information in the remarks field of the student's SEVIS 
record. The authority to collect this information is in the SEVIS 
collection of information currently approved by the Office of 
Management and Budget (OMB) under OMB Control Number 1653-0038.
    This notice also allows an eligible F-1 nonimmigrant student to 
request employment authorization, work an increased number of hours 
while the academic institution is in session, and reduce their course 
load while continuing to maintain F-1 nonimmigrant student status.
    To apply for employment authorization, certain F-1 nonimmigrant 
students must complete and submit a currently approved Form I-765 
according to the instructions on the form. OMB has previously approved 
the collection of information contained on the current Form I-765, 
consistent with the PRA (OMB Control No. 1615-0040). Although there 
will be a slight increase in the number of Form I-765 filings because 
of this notice, the number of filings currently contained in the OMB 
annual inventory for Form I-765 is sufficient to cover the additional 
filings. Accordingly, there is no further action required under the 
PRA.

Alejandro Mayorkas,
Secretary, U.S. Department of Homeland Security.
[FR Doc. 2024-24226 Filed 10-17-24; 8:45 am]
BILLING CODE 9111-CB-P
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