[Federal Register Volume 86, Number 225 (Friday, November 26, 2021)]

[Notices]

[Pages 67485-67489]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 2021-25732]

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DEPARTMENT OF HOMELAND SECURITY

U.S. Immigration and Customs Enforcement

[DHS Docket No. ICEB-2021-0009]

RIN 1653-ZA22

Employment Authorization for F-1 Nonimmigrant Students

Experiencing Severe Economic Hardship as a Direct Result of Emergent

Circumstances in Hong Kong

AGENCY: U.S. Immigration and Customs Enforcement (ICE), DHS.

ACTION: Notice.

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SUMMARY: This notice announces that the Secretary of Homeland Security

(Secretary) is suspending certain regulatory requirements for F-1

nonimmigrant students who are Hong Kong residents (regardless of

country of birth) and who are experiencing severe economic hardship as

a direct result of the emergent circumstances in Hong Kong. The

Secretary is taking action to provide relief to Hong Kong residents \1\

who are lawful F-1 nonimmigrant students 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 F-1 nonimmigrant student status. DHS will deem an F-1

nonimmigrant student who receives employment authorization by means of

this notice to be engaged in a ``full course of study'' for the

duration of the employment authorization, if the nonimmigrant student

satisfies the minimum course load requirement described in this notice.

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\1\ For purposes of this Notice, a Hong Kong resident is defined

as an individual of any nationality, or without nationality, who has

met the requirements for, and been granted, a Hong Kong Special

Administrative Region Passport, a British National Overseas

Passport, a British Overseas Citizen Passport, a Hong Kong Permanent

Identity card, or a Hong Kong Special Administrative Region (HKSAR)

Document of Identity for Visa Purposes.

DATES: This F-1 notice is effective on November 26, 2021 through

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February 5, 2023.

FOR FURTHER INFORMATION CONTACT: Sharon Snyder, Unit Chief, Policy and

Response Unit, Student and Exchange Visitor Program, MS 5600, U.S.

Immigration and Customs Enforcement, 500 12th Street SW, Washington, DC

20536-5600; email: sevp@ice.dhs.gov, telephone: (703) 603-3400. This is

not a toll-free number. Program information can be found at https://www.ice.gov/sevis/.

SUPPLEMENTARY INFORMATION:

What action is the Department of Homeland Security (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 who,

on the date of publication of this notice, are Hong Kong residents,

regardless of country of birth, are present in the United States in

lawful F-1 nonimmigrant student status and are experiencing severe

economic hardship as a direct result of the emergent circumstances in

Hong Kong. Effective with this publication, suspension of the

employment limitations is available through February 5, 2023, for those

who are in lawful F-1 nonimmigrant status. DHS will deem an F-1

nonimmigrant student granted employment authorization through the

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.\2\ See 8 CFR 214.2(f)(6)(i)(F).

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\2\ 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 5, 2023, provided the student satisfies the minimum

course load requirements in this notice. DHS also considers students

who engage in online coursework pursuant to ICE coronavirus disease

2019 (COVID-19) guidance for nonimmigrant students to be in

compliance with regulations while such guidance remains in effect.

See ICE Guidance and Frequently Asked Questions on COVID-19,

Nonimmigrant Students & SEVP-Certified Schools: Frequently Asked

Questions, available at https://www.ice.gov/coronavirus [last

visited September 2021].

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Who is covered by this notice?

This notice applies exclusively to F-1 nonimmigrant students who

meet all of the following conditions:

[[Page 67486]]

(1) Are Hong Kong residents, regardless of country of birth;

(2) Were lawfully present in the United States in an F-1

nonimmigrant status on the date of publication of this notice, 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 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 emergent circumstances in Hong Kong.

This notice applies to F-1 nonimmigrant students in an approved

private school in kindergarten through grade 12, public school in

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?

On August 5, 2021, President Biden issued a memorandum to the

Secretary of State and the Secretary of DHS to defer for 18 months the

removal of certain Hong Kong residents present in the United States.\3\

There are compelling foreign policy reasons to grant Deferred Enforced

Departure (DED), including the defense of democracy and the promotion

of human rights in Hong Kong. Now, DHS is taking action so eligible F-1

nonimmigrant students who are Hong Kong residents, regardless of

country of birth, may request employment authorization, work an

increased number of hours while school is in session, and reduce their

course load while continuing to maintain F-1 nonimmigrant student

status.

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\3\ ``Deferred Enforced Departure for Certain Hong Kong

Residents Memorandum for the Secretary of State [and] the Secretary

of Homeland Security'' 86 FR 43587 (Aug. 5, 2021).

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As of April 20, 2021, 5,067 F-1 nonimmigrants students who are Hong

Kong residents were physically present in the United States and

enrolled in SEVP-certified academic institutions. Many of these

students are impacted by the emergent circumstances in Hong Kong

because their primary means of financial support comes from Hong Kong.

Without employment authorization, these students may lack the means to

meet basic living expenses. Therefore, in support of affected F-1

nonimmigrant students who may be unable to return to Hong Kong for the

foreseeable future, the Secretary is exempting them from the normal

student employment requirements so that they may support themselves as

they continue their program of study in the United States.

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.\4\ 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.

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\4\ 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).

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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 the course of study is in a language study

program.\5\ See 8 CFR 214.2(f)(6)(i)(G). An F-1 nonimmigrant student

attending an approved private school in grades 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.

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\5\ DHS considers students who engage in online coursework

pursuant to ICE coronavirus disease 2019 (COVID-19) guidance for

nonimmigrant students to be in compliance with regulations while

such guidance remains in effect. See ICE Guidance and Frequently

Asked Questions on COVID-19, Nonimmigrant Students & SEVP-Certified

Schools: Frequently Asked Questions, available at https://www.ice.gov/coronavirus [last visited September 2021].

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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 Hong Kong resident,

regardless of country of birth, 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)(A) and

(B) 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 the 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].

Must the F-1 nonimmigrant student apply for reinstatement after

expiration of this special employment authorization if the student

reduces their ``full course of study''?

No. DHS will deem an F-1 nonimmigrant student who receives and

comports with the employment authorization permitted under this notice

to be engaged in a ``full course of study'' \6\ for the duration of the

student's employment authorization, provided that a qualifying

undergraduate level F-1 nonimmigrant student remains registered for a

minimum of six semester or quarter hours of instruction

[[Page 67487]]

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.\7\ See 8 CFR 214.2(f)(5)(v) and

(f)(6)(i)(F). DHS will not require such students to apply for

reinstatement under 8 CFR 214.2(f)(16) if they are otherwise

maintaining F-1 nonimmigrant status.

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

\7\ 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).

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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 to apply for employment

authorization?

No. An F-2 spouse or minor child of an F-1 nonimmigrant student is

not authorized to work in the United States and, therefore, may not

accept employment under the F-2 nonimmigrant status. 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 receives an initial

F-1 visa and makes an initial entry in 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 Hong Kong residents, regardless of country of birth;

(2) Were lawfully present in the United States in F-1 nonimmigrant

status on the date of publication of this notice, 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 emergent circumstances in Hong Kong.

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 emergent circumstances in

Hong Kong).

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 in order to continue their 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 enrolled in private

kindergarten through grade 12, or public school grades 9 through 12.

Such students must maintain the minimum number of hours of class

attendance per week prescribed by the academic institution for normal

progress toward graduation. See 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

enrolled in an elementary school, middle school, or high school may

benefit from the suspension of the requirement in 8 CFR 214.2(f)(9)(i)

that limits on-campus employment to 20 hours per week while school is

in session. Nothing in this notice affects the applicability of federal

and state labor laws limiting the employment of minors.

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 SEVIS student 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].

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 emergent

circumstances in Hong Kong. An F-1 nonimmigrant student authorized by

the student's DSO to engage in on-campus employment by means of this

notice does not need to file any applications with USCIS. The standard

rules permitting full-time employment on-campus when school is not in

session or during school vacations apply. See 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 their F-1 nonimmigrant status?

Yes. DHS will deem an F-1 nonimmigrant student who receives on-

campus employment authorization under this notice to be engaged in a

``full course of study'' \8\ for the purpose of maintaining their F-1

nonimmigrant student status for the duration of the on-campus

employment if the student satisfies the minimum course load requirement

described in this notice. See 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 school's minimum course load requirement for continued

enrollment.\9\

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

\9\ Minimum course load requirement for enrollment in a school

must be established in a publicly available document (e.g., catalog,

website, or operating procedure), and it must be a standard

applicable to all students (U.S. citizens and foreign students)

enrolled at the school.

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Off-Campus Employment Authorization

What regulatory requirements does this notice temporarily suspend

relating to off-campus employment?

For an F-1 nonimmigrant student covered by this notice, as provided

[[Page 67488]]

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 status for one full academic year in order 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 school is in session; and

(d) The requirement that the student demonstrate that employment

under 8 CFR 214.2(f)(9)(i) is unavailable or otherwise insufficient to

meet the needs that have arisen as a result of the unforeseen

circumstances.

Will an F-1 nonimmigrant student who receives off-campus employment

authorization under this notice have authorization to reduce the normal

course load and still maintain F-1 nonimmigrant status?

Yes. DHS will deem an F-1 nonimmigrant student who receives off-

campus employment authorization by means of this notice to be engaged

in a ``full course of study'' \10\ for the purpose of maintaining F-1

nonimmigrant student status for the duration of the student's

employment authorization if the student satisfies the minimum course

load requirement described in this notice. See 8 CFR 214.2(f)(6)(i)(F).

However, the authorization for reduced course load is solely for DHS

purposes of determining valid F-1 nonimmigrant status. Nothing in this

notice mandates that school officials allow an F-1 nonimmigrant student

to take a reduced course load if such reduced course load would not

meet the school's minimum course load requirement.\11\

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

\11\ Minimum course load requirement for enrollment in a school

must be established in a publicly available document (e.g., catalog,

website, or operating procedure), and it must be a standard

applicable to all students (U.S. citizens and foreign students)

enrolled at the school.

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How may an eligible F-1 nonimmigrant student obtain employment

authorization for off-campus employment with a reduced course load

under this notice?

An F-1 nonimmigrant student must file a Form I-765, Application for

Employment Authorization, with USCIS to apply for off-campus employment

authorization based on severe economic hardship directly resulting from

the emergent circumstances in Hong Kong. Filing instructions are

located at: http://www.uscis.gov/i-765.

Fee considerations. Submission of a Form I-765 currently requires

payment of a $410 fee. An applicant who is unable to pay the fee may

submit a completed Form I-912, Request for Fee Waiver, along with the

Form I-765, Application for Employment Authorization. See

www.uscis.gov/feewaiver. The submission must include an explanation

about why USCIS should grant the fee waiver and the reason(s) for the

inability to pay, and any evidence to support the reason(s). See 8 CFR

103.7(c).

Supporting documentation. An F-1 nonimmigrant student seeking off-

campus employment authorization due to severe economic hardship must

demonstrate the following to the DSO:

(1) This employment is necessary to avoid severe economic hardship;

and

(2) The hardship is a direct result of the emergent circumstances

in Hong Kong.

If the DSO agrees that the F-1 nonimmigrant student should 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 the

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].

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 a 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'' \12\ at the time of the request

for employment authorization;

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\12\ See 8 CFR 214.2(f)(6).

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(b) The F-1 nonimmigrant student is a Hong Kong resident,

regardless of country of birth, and is experiencing severe economic

hardship as a direct result of the emergent circumstances in Hong Kong,

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 8 CFR

214.2(f)(5)(v) 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; and

(d) The off-campus employment is necessary to alleviate severe

economic hardship to the individual as a direct result of the emergent

circumstances in Hong Kong.

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;

(2) The required fee or properly documented fee waiver request,

Form I-912, as defined in 8 CFR 103.7(c); 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.'' Failure to include this notation may result

in significant processing delays.

If USCIS approves the student's Form I-765, USCIS will send the

student a Form I-766 EAD as evidence of employment authorization. The

EAD will contain an expiration date that does not exceed the end of the

granted temporary relief.

Deferred Enforced Departure Considerations

Can an F-1 nonimmigrant student apply for a DED-related EAD and for

benefits under this notice at the same time?

Yes. An F-1 nonimmigrant student who has not yet applied for 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,\13\ under this notice may want to obtain a DED-based EAD by

[[Page 67489]]

filing Form I-765, Application for Employment Authorization, and pay

the associated fee (or request a fee waiver). Although not required to

do so, if an F-1 nonimmigrant student wants to obtain a new EAD that is

valid through February 5, 2023, based on DED, the student must file

Form I-765 and pay the Form I-765 fee (or request a fee waiver). After

receiving the DED-related EAD, an F-1 nonimmigrant student may request

that the DSO make the required entry in SEVIS, issue an updated Form I-

20, as described in this notice, and notate that the F-1 nonimmigrant

student has been authorized to carry a reduced course load and is

working pursuant to a DED-related EAD. So long as the F-1 nonimmigrant

student maintains the minimum course load described in this notice,

does not otherwise violate the student's nonimmigrant status, including

as provided under 8 CFR 214.1(g), and remains covered under DED, then

the student maintains F-1 nonimmigrant status and DED concurrently.\14\

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\13\ DHS Study in the States, Special Student Relief available

at https://studyinthestates.dhs.gov/students/special-student-relief

[last accessed March 2021].

\14\ ``Implementation of Employment Authorization for

Individuals Covered by Deferred Enforced Departure for Hong Kong

(Notice).'' Federal Register Vol. 86, No. 201 (October 21, 2021), p.

58296.

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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'' \15\ 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

language students). Once approved for Special Student Relief employment

authorization, 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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\15\ 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 emergent circumstances in

Hong Kong. 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 noncitizens 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 a noncitizen who worked on

a DED-related EAD or dropped their course load before publication of

this notice, and therefore fell out of F-1 nonimmigrant status. The

noncitizen must satisfy the criteria set forth in the F-1 nonimmigrant

student status reinstatement regulations. See 8 CFR 214.2(f)(16)

How long will this notice remain in effect?

This notice grants temporary relief until February 5, 2023 \16\ to

eligible F-1 nonimmigrant students. DHS will continue to monitor the

situation in Hong Kong. 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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\16\ 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 5, 2023, provided the student satisfies the minimum

course load requirement in this notice. DHS also considers students

who engage in online coursework pursuant to ICE coronavirus disease

2019 (COVID-19) guidance for nonimmigrant students to be in

compliance with regulations while such guidance remains in effect.

See ICE Guidance and Frequently Asked Questions on COVID-19,

Nonimmigrant Students & SEVP-Certified Schools: Frequently Asked

Questions, available at https://www.ice.gov/coronavirus [last

visited September 2021].

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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

emergent circumstances in Hong Kong 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 N. Mayorkas,

Secretary, U.S. Department of Homeland Security.

[FR Doc. 2021-25732 Filed 11-24-21; 8:45 am]

BILLING CODE 9111-28-P