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[Federal Register Volume 88, Number 17 (Thursday, January 26, 2023)]
[Notices]
[Pages 5016-5022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01593]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Immigration and Customs Enforcement
[Docket No. ICEB-2022-0014]
RIN 1653-ZA34
Employment Authorization for Haitian F-1 Nonimmigrant Students
Experiencing Severe Economic Hardship as a Direct Result of the Current
Crisis in Haiti
AGENCY: U.S. Immigration and Customs Enforcement; Department of
Homeland Security.
ACTION: Notice.
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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 whose country of citizenship is Haiti, regardless
of country of birth (or individuals having no nationality who last
habitually resided in Haiti), and who are experiencing severe economic
hardship as a direct result of the current crisis in Haiti. The
Secretary is taking action to provide relief to these Haitian students
who are in lawful F-1 nonimmigrant student status so the students may
request employment authorization on the date of publication of this
notice, work an increased number of hours while school is in session,
and reduce their course load while continuing to maintain their F-1
nonimmigrant student status. The U.S. Department of Homeland Security
(DHS) will deem an F-1 nonimmigrant student granted 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.
DATES: This action is effective February 4, 2023, through August 3,
2024.
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 DHS taking under this notice?
The Secretary is exercising authority under 8 CFR 214.2(f)(9) to
temporarily suspend the applicability of certain requirements governing
on-campus and off-campus employment for F-1 nonimmigrant students whose
country of citizenship is Haiti, regardless of country of birth (or
individuals having no nationality who last habitually resided in
Haiti), who are present in the United States in lawful F-1 nonimmigrant
student status on the date of publication of this notice, and who are
experiencing severe economic hardship as a direct result of the current
crisis in Haiti. DHS initially suspended certain regulatory
requirements for F-1 nonimmigrant students experiencing severe economic
hardship as a direct result of the January 12, 2010, earthquake in
Haiti. See 75 FR 56120 (Sep. 15, 2010). The original notice was
effective from September 15, 2010, until July 22, 2011. A subsequent
notice provided for an 18-month extension from July 22, 2011, through
January 22, 2013. See 76 FR 28997 (May 19, 2011). A third notice
provided another 18-month extension from January 22, 2013, through July
22, 2014. See 77 FR 59942 (Oct. 1, 2012). A fourth notice provided for
another 18-month extension from July 22, 2014, through January 22,
- See 79 FR 11805 (Mar. 3, 2014). A fifth notice provided for
another 18-month extension from January 22, 2016, through July 22,
- See 80 FR 51579 (Aug. 25, 2015). Most recently, DHS issued a
notice which applied to F-1 nonimmigrant students who met certain
criteria, including having been lawfully present in the United States
in F-1 nonimmigrant status on August 3, 2021, and was effective from
August 3, 2021, until February 3, 2023. See 86 FR 41857 (Aug. 3, 2021).
Effective with this publication, suspension of the employment
limitations is available through August 3, 2024, for those who are in
lawful F-1 nonimmigrant status on the date of publication of this
notice. DHS will deem an F-1 nonimmigrant student granted employment
authorization through this notice to be engaged in a ``full course of
study'' for the duration of the employment authorization, if the
student satisfies the minimum course load set forth in this notice.\1\
See 8 CFR 214.2(f)(6)(i)(F).
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\1\ Because the suspension of requirements under this notice
applies throughout an academic term during which the suspension is
in effect, DHS considers an F-1 nonimmigrant student who engages in
a reduced course load or employment (or both) after this notice is
effective to be engaging in a ``full course of study,'' see 8 CFR
214.2(f)(6), and eligible for employment authorization, through the
end of any academic term for which such student is matriculated as
of August 3, 2024, provided the student satisfies the minimum course
load requirements in this notice. DHS also considers students who
engage in online coursework pursuant to U.S. Immigration and Customs
Enforcement (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, https://www.ice.gov/coronavirus
(last visited Nov. 30, 2022).
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Who is covered by this notice?
This notice applies exclusively to F-1 nonimmigrant students who,
on the date of publication of this notice, meet all of the following
conditions:
(1) Are a citizen of Haiti, regardless of country of birth (or an
individual having no nationality who last habitually resided in Haiti);
(2) Were lawfully present in the United States 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 currently enrolled in an academic institution that is
Student and Exchange Visitor Program (SEVP)-certified for enrollment
for F-1 nonimmigrant students;
(4) Are currently maintaining F-1 nonimmigrant status; and
(5) Are experiencing severe economic hardship as a direct result of
the current crisis in Haiti.
This notice applies to F-1 nonimmigrant students in an approved
private school in kindergarten through grade 12, public school grades 9
through 12, and undergraduate and graduate education. An F-1
nonimmigrant
[[Page 5017]]
student covered by this notice who transfers to another SEVP-certified
academic institution remains eligible for the relief provided by means
of this notice.
Why is DHS taking this action?
DHS is taking action to provide relief to Haitian F-1 nonimmigrant
students experiencing severe economic hardship due to the current and
ongoing crisis in Haiti. Based on its review of country conditions in
Haiti and input received from the U.S. Department of State (DOS), DHS
is taking action to allow eligible F-1 nonimmigrant students from Haiti
(or individuals having no nationality who last habitually resided in
Haiti) to request employment authorization, work an increased number of
hours while school is in session, and reduce their course load while
continuing to maintain F-1 nonimmigrant student status.
Overview
DHS has conducted a thorough review of country conditions in Haiti.
Haiti is experiencing economic, security, political, and health crises
simultaneously. Fractured political dynamics and dysfunctional
government entities are exacerbating a violent increase in gang
conflict. At the same time, Haiti is confronting a humanitarian crisis,
with many citizens having limited access to safety, healthcare, food,
water, and economic opportunity. These circumstances continue to make
return to Haiti dangerous for Haitian nationals living in the United
States.
Political Situation
The Haitian Parliament was dissolved in January 2020 as the
mandates of two thirds of Senate members and all Chamber of Deputies
members expired, and no new elections were held.\2\ On July 7, 2021,
President Jovenel Mo[iuml]se was assassinated in his private residence
in Port-au-Prince. Subsequently, Ariel Henry, whom Mo[iuml]se had
appointed prime minister days before the assassination, was installed
as head of a new government.
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\2\ Freedom House, Freedom in the World 2022--Haiti (Feb. 28,
2022), https://freedomhouse.org/country/haiti/freedom-world/2022.
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Since then, PM Henry and opposition groups have engaged in
intermittent negotiations about a political path towards elections. On
December 21, representatives of civil society, the private sector, and
political groups began signing a revised political agreement known as
the December Accord, which was supported by PM Henry. Some opposition
members, including many members of the Citizen Conference for a Haitian
Solution to the Crisis, also known as the Montana Group, had not yet
agreed to the accord as of January 4.
The Haitian government has long been accused of corruption and
ineptitude. Politicians and the business elite in Haiti have
historically relied on gangs to obtain and exert power, but the gangs
have grown more autonomous in recent years.\3\ An International Crisis
Group report stated ``collusion between state security forces and
illegal armed groups has flourished in the absence of political will to
hold corrupt officers accountable and because of efforts of those in
power to deploy the police (as well as gangs) to serve their personal
interests.'' \4\
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\3\ Diego Da Rin, New Gang Battle Lines Scar Haiti as Political
Deadlock Persists, International Crisis Group (July 27, 2022),
\4\ International Crisis Group, New Gang Battle Lines Scar Haiti
as Political Deadlock Persists (July 27, 2022), https://www.crisisgroup.org/latin-america-caribbean/haiti/new-gang-battle-lines-scar-haiti-political-deadlock-persists.
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Security Situation
Since President Mo[iuml]se's assassination, Haiti has experienced a
sharp deterioration in an already fragile security situation. Gang
violence and kidnappings have spiked throughout the country,
particularly in the capital, Port-au-Prince. The UN documented 934
killings, 684 injuries, and 680 kidnappings in Port-au-Prince from
January to June 2022.\5\ In one 10-day period in July, more than 200
people were killed in gang violence in Port-au-Prince; nearly half of
the decedents had no gang ties.\6\
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\5\ Haiti: UN sounds alarm over worsening gang violence across
Port-au-Prince, UN News, July 16, 2022, https://news.un.org/en/
story/2022/07/
1122662#:~:text=%E2%80%9CWe%20have%20so%20far%20documented,Soleil%20a
rea%20of%20the%20city.%E2%80%9D.
\6\ BBC News, Haiti Gang Violence: 209 killed in Cit[eacute]
Soleil in 10 days, July 26, 2022, https://www.bbc.com/news/world-latin-america-62292007.
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There are around 200 gangs across Haiti, 95 of which operate in
metropolitan Port-au-Prince. Many of Haiti's gangs have coalesced
around two main alliances: the G9 and the GP[egrave]p. A two-party gang
rivalry fought on numerous fronts has superseded the old local
rivalries. Gangs have decapitated opponents in public, burnt corpses in
the street, set fire to houses, and used sexual violence to intimidate
residents out of collaborating with their rivals.\7\ Clashes between
rival gangs led to particularly high levels of gang violence in April
and May 2022, leading to the temporary closure of dozens of schools,
medical centers, businesses, and markets, making it difficult for
people to find basic products including food, water, and medicines. In
May 2022, UN High Commissioner for Human Rights Michelle Bachelet
described armed violence in Haiti as ``unimaginable and intolerable''
and stated that ``violence has had a severe impact on the most basic
human rights of people.'' Also in May, Doctors Without Borders warned
that kidnappings for ransom that target many residents of Port-au-
Prince, including medical personnel, were making it increasingly
difficult for the population to access healthcare. Gangs in Port-au-
Prince targeted homeless and at-risk teens as participants in gang
violence. In July 2022, the UN Office for the Coordination of
Humanitarian Affairs (UNOCHA) estimated that more than a third of Port-
au-Prince was under the control of gangs.\8\
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\7\ Id.
\8\ UN OCHA, Haiti: Impact of the deteriorating security
situation on humanitarian access: Background Note (July 8, 2022),
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In mid-September, gangs blocked access to the Varreux Terminal in
Port-au-Prince, the main entry point for fuel in Haiti, cutting off
millions of gallons of diesel and gasoline and causing a severe fuel
shortage.\9\ The fuel blockage paralyzed Haiti's economy.\10\ Health
centers and hospitals had to close, and the distribution of water was
interrupted.\11\ The lack of access to clean water contributed to the
outbreak of cholera in early October, and complicated efforts to
respond to and contain the outbreak.\12\
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\9\ PBS NewsHour, Haiti reaches a breaking point as the economy
tanks and violence soars (Oct. 4, 2022), https://www.pbs.org/newshour/world/haiti-reaches-a-breaking-point-as-the-economy-tanks-and-violence-soars.
\10\ Brian Ellsworth and Harold Isaac, UN calls for
`humanitarian corridor' in Haiti as gang blockade drags on, Reuters,
Oct. 6, 2022, https://www.reuters.com/world/americas/un-calls-humanitarian-corridor-haiti-gang-blockade-drags-2022-10-06/.
\11\ UN News, Haiti: Fuel crisis prompts appeal for humanitarian
corridor amid cholera outbreak, Oct. 6, 2022, https://news.un.org/en/story/2022/10/1129317.
\12\ Id.
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On October 7, 2022, the government of Haiti requested assistance
from the international community to confront gangs and address the
humanitarian crisis.\13\ In an October 12, 2022 Press
[[Page 5018]]
Statement, U.S. Secretary of State Antony Blinken emphasized the
critical nature of the humanitarian situation in Haiti, noting that the
United States is committed to continuing to help Haiti address the
crisis through multiple avenues.\14\ On October 15, the U.S. and Canada
delivered Haitian National Police-purchased armored vehicles and other
law enforcement equipment to assist in re-taking the terminal. A
Haitian National Police operation on November 5-6 successfully re-
gained control of the fuel terminal. The relatively small size of the
Haitian National Police remains concerning. Out of 14,161 officers,
13,000 officers are assigned to law enforcement activities, with the
ratio of police officers to the population standing at 1.06 police
officers per 1,000 inhabitants. This is well below the United Nations-
suggested international ratio of 2.2 per 1,000.
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\13\ Reuters, Haiti's situation is dire and cannot persist,
State Department says, Oct. 11, 2022, https://www.reuters.com/world/americas/haitis-situation-is-dire-cannot-persist-state-department-says-2022-10-11/.
\14\ U.S. Department of State, Press Statement, Steps to Address
the Humanitarian and Security Situation in Haiti, Oct. 12, 2022,
https://www.state.gov/steps-to-address-the-humanitarian-and-security-situation-in-haiti/.
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Humanitarian Situation
Haiti has one of the highest levels of chronic food insecurity in
the world with more than half of its total population chronically food
insecure and 22 percent of children chronically malnourished, according
to a September 2022 report.\15\ As of October 2022, the total number of
people in ``acute'' food insecurity stood at 4.7 million people,
including 1.8 million people in the ``emergency'' phase on the World
Food Program's (WFP) Integrated Food Security Classification Index.\16\
For the first time ever, 19,000 Haitians are considered to be in the
``catastrophe'' phase (the most severe classification).\17\
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\15\ WFP, WFP Haiti Country Brief, September 2022 (Sept. 30,
2022), https://reliefweb.int/report/haiti/wfp-haiti-country-brief-september-2022.
\16\ UN News, `Catastrophic' hunger recorded in Haiti for first
time, UN warns, Oct. 14, 2022, https://news.un.org/en/story/2022/10/
1129537#:~:text=According%20to%20the%20latest%20IPC,in%20Catastrophe%
20phase%2C%20phase%205.
\17\ Id.
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The UN and the Haitian government have reported a new cholera
outbreak, with the first cases detected between October 1-2, 2022.\18\
As of November 15, 2022, there were 8,146 hospitalized suspected cases
and 821 confirmed cases of cholera, resulting in 188 deaths.\19\ The
end of the two-month fuel terminal seizure allowed hospitals, water
treatment plants, commercial water suppliers, and transportation
networks to resume functioning, allowing for better access to cholera
prevention and treatment. However, paradoxically, the availability of
fuel also allowed for resumed mobility among the general population,
potentially leading to increased cholera transmission. In November
2022, the UN launched a ``Flash Appeal'' requesting $145.6 million to
contain the outbreak and respond to other humanitarian needs throughout
Haiti.\20\ In addition to the cholera outbreak, as of August 1, 2022,
only 1.4 percent of Haiti's population had been fully vaccinated
against COVID-19.\21\ Haiti ranks among the world's bottom 10 countries
in terms of COVID-19 vaccination coverage.\22\
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\18\ Widlore M[eacute]rancourt, Kelly Kasulis Cho, and Amanda
Coletta, The Washington Post, Cholera Resurfaces in Haiti as gangs
hinder access to water, hospitals, Oct. 3, 2022, https://www.washingtonpost.com/world/2022/10/03/haiti-cholera-gang-violence-water/.
\19\ Pan American Health Organization, Cholera Outbreak in
Hispaniola, Situation Report #6, Nov. 17, 2022, https://www.paho.org/en/documents/cholera-outbreak-hispaniola-2022-situation-report-6.
\20\ UN Office for the Coordination of Humanitarian Affairs,
Haiti 2022 Cholera Flash Appeal (Mid Oct 2022-Mid Apr 2023), Nov.
15, 2022, https://reliefweb.int/report/haiti/haiti-2022-cholera-flash-appeal-mid-oct-2022-mid-apr-2023.
\21\ Congressional Research Service, Haiti: Political Conflict
and U.S. Policy Overview (Aug. 2, 2022), https://crsreports.congress.gov/product/pdf/IF/IF12182.
\22\ World Bank, The World Bank approved $35 million to improve
Haiti's COVID-19 response (June 11, 2022), https://reliefweb.int/report/haiti/world-bank-approved-35-million-improve-haitis-covid-19-response.
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Economic Situation
Amidst the political, security, and humanitarian crises, Haiti's
economy has floundered. Haiti is among the countries with the greatest
inequality in the region. The richest 20 percent of its population
holds more than 64 percent of its total wealth, while the poorest 20
percent has less than 1 percent.\23\ Latest estimates put the 2021
poverty rate at 52.3 percent up from 51 percent in 2020.\24\ In 2021,
Haiti had a GDP per capita of $1,815, the lowest in the Latin America
and the Caribbean (LAC) region and less than a fifth of the LAC average
of $15,092.\25\ On the UN's Human Development Index,\26\ Haiti ranked
170 out of 189 in 2020.\27\
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\23\ World Bank, The World Bank in Haiti Overview (last updated
June 14, 2022), https://www.worldbank.org/en/country/haiti/overview.
\24\ Id.
\25\ Id.
\26\ The Human Development Index (HDI) is a summary measure of
average achievement in key dimensions of human development: a long
and healthy life, being knowledgeable and have a decent standard of
living. See UNDP, Human Development Index (HDI) (last visited Aug.
15, 2022), https://hdr.undp.org/data-center/human-development-index#/indicies/HDI.
\27\ World Bank, The World Bank in Haiti Overview (last updated
June 14, 2022), https://www.worldbank.org/en/country/haiti/overview.
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As of January 3, 2023, 1,004 F-1 nonimmigrant students who are
Hatian citizens are enrolled at SEVP-certified academic institutions in
the United States. Given the extent of the current crisis in Haiti,
affected students whose primary means of financial support comes from
Haiti may need to be exempt from the normal student employment
requirements to continue their studies in the United States. The
current crisis has made it unfeasible for many students to safely
return to Haiti for the foreseeable future. Without employment
authorization, these students may lack the means to meet basic living
expenses.
What is the minimum course load requirement to maintain valid F-1
nonimmigrant status under this notice?
Undergraduate F-1 nonimmigrant students who receive on-campus or
off-campus employment authorization under this notice must remain
registered for a minimum of six semester or quarter hours of
instruction per academic term. Undergraduate F-1 nonimmigrant students
enrolled in a term of different duration must register for at least one
half of the credit hours normally required under a ``full course of
study.'' See 8 CFR 214.2(f)(6)(i)(B) and (F). A graduate-level F-1
nonimmigrant student who receives on-campus or off-campus employment
authorization under this notice must remain registered for a minimum of
three semester or quarter hours of instruction per academic term. See 8
CFR 214.2(f)(5)(v). Nothing in this notice affects the applicability of
other minimum course load requirements set by the academic institution.
In addition, an F-1 nonimmigrant student (either undergraduate or
graduate) granted on-campus or off-campus employment authorization
under this notice may count up to the equivalent of one class or three
credits per session, term, semester, trimester, or quarter of online or
distance education toward satisfying this minimum course load
requirement, unless their course of study is in an English language
study
[[Page 5019]]
program.\28\ 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.
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\28\ DHS considers students who are compliant with ICE
coronavirus disease 2019 (COVID-19) guidance for nonimmigrant
students to be in compliance with regulations while such COVID-19
guidance remains in effect. See ICE Guidance and Frequently Asked
Questions on COVID-19, https://www.ice.gov/coronavirus (last visited
Nov. 30, 2022).
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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 Haitian citizen,
regardless of country of birth (or an individual having no nationality
who last habitually resided in Haiti), who already has on-campus or
off-campus employment authorization and is otherwise eligible may
benefit under this notice, which suspends certain regulatory
requirements relating to the minimum course load requirement under 8
CFR 214.2(f)(6)(i) and certain employment eligibility requirements
under 8 CFR 214.2(f)(9). Such an eligible F-1 nonimmigrant student may
benefit without having to apply for a new Form I-766, Employment
Authorization Document (EAD). To benefit from this notice, the F-1
nonimmigrant student must request that their designated school official
(DSO) enter the following statement in the remarks field of the
student's Student and Exchange Visitor Information System (SEVIS)
record, which the student's Form I-20, Certificate of Eligibility for
Nonimmigrant (F-1) Student Status, will reflect:
Approved for more than 20 hours per week of [DSO must insert
``on-campus'' or ``off-campus,'' depending upon the type of
employment authorization the student already has] employment
authorization and reduced course load under the Special Student
Relief authorization from [DSO must insert the beginning date of the
notice or the beginning date of the student's employment, whichever
date is later] until [DSO must insert either the student's program
end date, the current EAD expiration date (if the student is
currently authorized for off-campus employment), or the end date of
this notice, whichever date comes first].\29\
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\29\ Because the suspension of requirements under this notice
applies throughout an academic term during which the suspension is
in effect, DHS considers an F-1 nonimmigrant student who engages in
a reduced course load or employment (or both) after this notice is
effective to be engaging in a ``full course of study,'' see 8 CFR
214.2(f)(6), and eligible for employment authorization, through the
end of any academic term for which such student is matriculated as
of August 3, 2024, provided the student satisfies the minimum course
load requirements in this notice.
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Must the F-1 nonimmigrant student apply for reinstatement after
expiration of this special employment authorization if the student
reduces his or her ``full course of study''?
No. DHS will deem an F-1 nonimmigrant student who receives and
comports with the employment authorization permitted under this notice
to be engaged in a ``full course of study'' \30\ for the duration of
the student's employment authorization, provided that a qualifying
undergraduate level F-1 nonimmigrant student remains registered for a
minimum of six semester or quarter hours of instruction per academic
term, and a qualifying graduate level F-1 nonimmigrant student remains
registered for a minimum of three semester or quarter hours of
instruction per academic term. See 8 CFR 214.2(f)(5)(v) and
(f)(6)(i)(F). Undergraduate F-1 nonimmigrant students enrolled in a
term of different duration must register for at least one half of the
credit hours normally required under a ``full course of study.'' See 8
CFR 214.2(f)(6)(i)(B) and (F). DHS will not require such students to
apply for reinstatement under 8 CFR 214.2(f)(16) if they are otherwise
maintaining F-1 nonimmigrant status.
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\30\ See 8 CFR 214.2(f)(6).
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Will an F-2 dependent (spouse or minor child) of an F-1 nonimmigrant
student covered by this notice be eligible for employment
authorization?
No. An F-2 spouse or minor child of an F-1 nonimmigrant student is
not authorized to work in the United States and, therefore, may not
accept employment under the F-2 nonimmigrant status, consistent with 8
CFR 214.2(f)(15)(i).
Will the suspension of the applicability of the standard student
employment requirements apply to an individual who receives an initial
F-1 visa and makes an initial entry into the United States after the
effective date of this notice in the Federal Register?
No. The suspension of the applicability of the standard regulatory
requirements only applies to certain F-1 nonimmigrant students who, on
the date of publication of this notice, meet the following conditions:
(1) Are a citizen of Haiti, regardless of country of birth (or an
individual having no nationality who last habitually resided in Haiti);
(2) Were lawfully present in the United States in F-1 nonimmigrant
status, under section 101(a)(15)(F)(i) of the INA, 8 U.S.C.
1101(a)(15)(F)(i);
(3) Are enrolled in an academic institution that is SEVP-certified
for enrollment of F-1 nonimmigrant students;
(4) Are maintaining F-1 nonimmigrant status; and
(5) Are experiencing severe economic hardship as a direct result of
the current crisis in Haiti.
An F-1 nonimmigrant student who does not meet all these
requirements is ineligible for the suspension of the applicability of
the standard regulatory requirements (even if experiencing severe
economic hardship as a direct result of the current crisis in Haiti).
Does this notice apply to a continuing F-1 nonimmigrant student who
departs the United States after the effective date of this notice in
the Federal Register and who needs to obtain a new F-1 visa before
returning to the United States to continue an educational program?
Yes. This notice applies to such an F-1 nonimmigrant student, but
only if the DSO has properly notated the student's SEVIS record, which
will then appear on the student's Form I-20. The normal rules for visa
issuance remain applicable to a nonimmigrant who needs to apply for a
new F-1 visa to continue an educational program in the United States.
Does this notice apply to elementary school, middle school, and high
school students in F-1 status?
Yes. However, this notice does not by itself reduce the required
course load for F-1 nonimmigrant students from Haiti enrolled in
kindergarten through grade 12 at a private school, or grades 9 through
12 at a public high school. Such students must maintain the minimum
number of hours of class attendance per week prescribed by the academic
institution for normal progress toward graduation, as required under 8
CFR 214.2(f)(6)(i)(E). The suspension of certain regulatory
requirements related to employment through this notice is applicable to
all eligible F-1 nonimmigrant students regardless of educational level.
Eligible F-1 nonimmigrant students from Haiti enrolled in an elementary
school,
[[Page 5020]]
middle school, or high school may benefit from the suspension of the
requirement in 8 CFR 214.2(f)(9)(i) that limits on-campus employment to
20 hours per week while school is in session.
On-Campus Employment Authorization
Will an F-1 nonimmigrant student who receives on-campus employment
authorization under this notice be authorized to work more than 20
hours per week while school is in session?
Yes. For an F-1 nonimmigrant student covered in this notice, the
Secretary is suspending the applicability of the requirement in 8 CFR
214.2(f)(9)(i) that limits an F-1 nonimmigrant student's on-campus
employment to 20 hours per week while school is in session. An eligible
F-1 nonimmigrant student has authorization to work more than 20 hours
per week while school is in session if the DSO has entered the
following statement in the remarks field of the student's SEVIS record,
which will be reflected on the student's Form I-20:
Approved for more than 20 hours per week of on-campus employment
and reduced course load, under the Special Student Relief
authorization from [DSO must insert the beginning date of this
notice or the beginning date of the student's employment, whichever
date is later] until [DSO must insert the student's program end date
or the end date of this notice, whichever date comes first].\31\
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\31\ Because the suspension of requirements under this notice
applies throughout an academic term during which the suspension is
in effect, DHS considers an F-1 nonimmigrant student who engages in
a reduced course load or employment (or both) after this notice is
effective to be engaging in a ``full course of study,'' see 8 CFR
214.2(f)(6), and eligible for employment authorization, through the
end of any academic term for which such student is matriculated as
of August 3, 2024, provided the student satisfies the minimum course
load requirements in this notice.
To obtain on-campus employment authorization, the F-1 nonimmigrant
student must demonstrate to the DSO that the employment is necessary to
avoid severe economic hardship directly resulting from the current
crisis in Haiti. An F-1 nonimmigrant student authorized by the DSO to
engage in on-campus employment by means of this notice does not need to
file any applications with U.S. Citizenship and Immigration Services
(USCIS). The standard rules permitting full-time 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'' \32\ 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.\33\
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\32\ See 8 CFR 214.2(f)(6).
\33\ Minimum course load requirement for enrollment in a school
must be established in a publicly available document (e.g., catalog,
website, or operating procedure), and it must be a standard
applicable to all students (U.S. citizens and foreign students)
enrolled at the school.
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Off-Campus Employment Authorization
What regulatory requirements does this notice temporarily suspend
relating to off-campus employment?
For an F-1 nonimmigrant student covered by this notice, as provided
under 8 CFR 214.2(f)(9)(ii)(A), the Secretary is suspending the
following regulatory requirements relating to off-campus employment:
(a) The requirement that a student must have been in F-1
nonimmigrant student status for one full academic year to be eligible
for off-campus employment;
(b) The requirement that an F-1 nonimmigrant student must
demonstrate that acceptance of employment will not interfere with the
student's carrying a full course of study;
(c) The requirement that limits an F-1 nonimmigrant student's
employment authorization to no more than 20 hours per week of off-
campus employment while the school is in session; and
(d) The requirement that the student demonstrate that employment
under 8 CFR 214.2(f)(9)(i) is unavailable or otherwise insufficient to
meet the needs that have arisen as a result of the unforeseen
circumstances.
Will an F-1 nonimmigrant student who receives off-campus employment
authorization under this notice have authorization to reduce the normal
course load and still maintain F-1 nonimmigrant status?
Yes. DHS will deem an F-1 nonimmigrant student who receives off-
campus employment authorization by means of this notice to be engaged
in a ``full course of study'' \34\ 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). However, 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.\35\
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\34\ See 8 CFR 214.2(f)(6).
\35\ Minimum course load requirement for enrollment in a school
must be established in a publicly available document (e.g., catalog,
website, or operating procedure), and it must be a standard
applicable to all students (U.S. citizens and foreign students)
enrolled at the school.
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How may an eligible F-1 nonimmigrant student obtain employment
authorization for off-campus employment with a reduced course load
under this notice?
An F-1 nonimmigrant student must file a Form I-765, Application for
Employment Authorization, with USCIS to apply for off-campus employment
authorization based on severe economic hardship directly resulting from
the current crisis in Haiti.\36\ Filing instructions are located at
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\36\ See 8 CFR 274a.12(c)(3)(iii).
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Fee considerations. Submission of a Form I-765 currently requires
payment of a $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 their DSO:
[[Page 5021]]
(1) This employment is necessary to avoid severe economic hardship;
and
(2) The hardship is a direct result of the current crisis in Haiti.
If the DSO agrees that the F-1 nonimmigrant student is entitled to
receive such employment authorization, the DSO must recommend
application approval to USCIS by entering the following statement in
the remarks field of the student's SEVIS record, which will then appear
on that student's Form I-20:
Recommended for off-campus employment authorization in excess of
20 hours per week and reduced course load under the Special Student
Relief authorization from the date of the USCIS authorization noted
on Form I-766 until [DSO must insert the program end date or the end
date of this notice, whichever date comes first].\37\
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\37\ Because the suspension of requirements under this notice
applies throughout an academic term during which the suspension is
in effect, DHS considers an F-1 nonimmigrant student who engages in
a reduced course load or employment (or both) after this notice is
effective to be engaging in a ``full course of study,'' see 8 CFR
214.2(f)(6), and eligible for employment authorization, through the
end of any academic term for which such student is matriculated as
of August 3, 2024, 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-
- 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'' \38\ at the time of the request
for employment authorization;
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\38\ See 8 CFR 214.2(f)(6).
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(b) The F-1 nonimmigrant student is a citizen of Haiti, regardless
of country of birth (or an individual having no nationality who last
habitually resided in Haiti), and is experiencing severe economic
hardship as a direct result of the current crisis in Haiti, as
documented on the Form I-20;
(c) The F-1 nonimmigrant student has confirmed that the student
will comply with the reduced course load requirements of this notice
and register for the duration of the authorized employment for a
minimum of six semester or quarter hours of instruction per academic
term if at the undergraduate level, or for a minimum of three semester
or quarter hours of instruction per academic term if the student is at
the graduate level; \39\ and
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\39\ 8 CFR 214.2(f)(5)(v).
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(d) The off-campus employment is necessary to alleviate severe
economic hardship to the individual as a direct result of the current
crisis in Haiti.
Processing. To facilitate prompt adjudication of the student's
application for off-campus employment authorization under 8 CFR
214.2(f)(9)(ii)(C), the F-1 nonimmigrant student should do both of the
following:
(a) Ensure that the application package includes the following
documents:
(1) A completed Form I-765 with all applicable supporting evidence;
(2) The required fee or properly documented fee waiver request as
defined in 8 CFR 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.'' \40\ Failure to include this notation may
result in significant processing delays.
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\40\ Guidance for direct filing addresses can be found here:
https://www.uscis.gov/i-765-addresses.
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If USCIS approves the student's Form I-765, USCIS will send the
student an EAD as evidence of employment authorization. The EAD will
contain an expiration date that does not exceed the end of the granted
temporary relief.
Temporary Protected Status (TPS) Considerations
Can an F-1 nonimmigrant student apply for TPS and for benefits under
this notice at the same time?
Yes. An F-1 nonimmigrant student who has not yet applied for TPS or
for other relief that reduces the student's course load per term and
permits an increased number of work hours per week, such as Special
Student Relief,\41\ under this notice has two options.
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\41\ See DHS Study in the States, Special Student Relief,
https://studyinthestates.dhs.gov/students/special-student-relief
(last visited Nov. 30, 2022).
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Under the first option, the nonimmigrant student may apply for TPS
according to the instructions in the USCIS notice designating Haiti for
TPS elsewhere in this issue of the Federal Register. All TPS applicants
must file a Form I-821, Application for Temporary Protected Status,
with the appropriate fee (or request a fee waiver). Although not
required to do so, if F-1 nonimmigrant students want to obtain a new
TPS-related EAD that is valid through August 3, 2024, they must file
Form I-765 and pay the Form I-765 fee (or request a fee waiver). An F-1
student who already has a TPS-related EAD with a ``Card Expires'' date
of February 3, 2023 will benefit from an automatic extension of the EAD
through February 3, 2024, through the Federal Register notice extending
the designation of Haiti for TPS. A Haiti TPS-related EAD can also be
automatically extended for up to 540 days \42\ if an F-1 nonimmigrant
student who is a TPS beneficiary properly files a renewal Form I-765
application and pays the Form I-765 fee (or requests a fee waiver)
during the filing period described in the Federal Register notice
extending the designation of Haiti for TPS, but no later than February
3, 2023. After receiving the TPS-related EAD, an F-1 nonimmigrant
student may request that their DSO make the required entry in SEVIS,
issue an updated Form I-20, as described in this notice, and notate
that the nonimmigrant student has been authorized to carry a reduced
course load and is working pursuant to a TPS-related EAD. So long as
the nonimmigrant student maintains the minimum course load described in
this notice, does not otherwise violate their nonimmigrant status,
including as provided under 8 CFR 214.1(g), and maintains TPS, then the
student maintains F-1 status and TPS concurrently.
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\42\ 8 CFR 274a.13(d)(5).
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Under the second option, the nonimmigrant student may apply for an
EAD under Special Student Relief by filing Form I-765 at the location
specified in the filing instructions. At the same time, the F-1
nonimmigrant student may file a separate TPS application but must
submit the Form I-821 according to the instructions provided in the
Federal Register notice designating Haiti for TPS. If the F-1
nonimmigrant student has already applied for employment authorization
under Special Student Relief, they are not required to submit the Form
I-765 as part of the TPS application. However, some nonimmigrant
students may wish to obtain a TPS-related EAD in light of certain
extensions that may be available to EADs with an A-12 or C-19 category
code. The nonimmigrant student should check the appropriate box when
filling out Form I-821 to indicate whether a TPS-related EAD is being
requested. Again, so long as the nonimmigrant student maintains the
minimum course load described in this notice and does not otherwise
violate the student's nonimmigrant status, included as provided under 8
CFR 214.1(g), the
[[Page 5022]]
nonimmigrant will be able to maintain compliance requirements for F-1
nonimmigrant student status while having TPS.
When a student applies simultaneously for TPS and benefits under this
notice, what is the minimum course load requirement while an
application for employment authorization is pending?
The F-1 nonimmigrant student must maintain normal course load
requirements for a ``full course of study'' \43\ unless or until the
nonimmigrant student receives employment authorization under this
notice. TPS-related employment authorization, by itself, does not
authorize a nonimmigrant student to drop below twelve credit hours, or
otherwise applicable minimum requirements (e.g., clock hours for non-
traditional academic programs). Once approved for 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 at the undergraduate level, or for a minimum of three
semester or quarter hours of instruction per academic term if at the
graduate level). See 8 CFR 214.2(f)(5)(v), (f)(6), and (f)(9)(i) and
(ii).
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\43\ See 8 CFR 214.2(f)(6).
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How does a student who has received a TPS-related EAD then apply for
authorization to take a reduced course load under this notice?
There is no further application process with USCIS if a student has
been approved for a TPS-related EAD. The F-1 nonimmigrant student must
demonstrate and provide documentation to the DSO of the direct economic
hardship resulting from the current crisis in Haiti. The DSO will then
verify and update the student's record in SEVIS to enable the F-1
nonimmigrant student with TPS to reduce the course load without any
further action or application. No other EAD needs to be issued for the
F-1 nonimmigrant student to have employment authorization.
Can a noncitizen who has been granted TPS apply for reinstatement of F-
1 nonimmigrant student status after the noncitizen's F-1 nonimmigrant
student status has lapsed?
Yes. Regulations permit certain students who fall out of F-1
nonimmigrant student status to apply for reinstatement. See 8 CFR
214.2(f)(16). This provision might apply to students who worked on a
TPS-related EAD or dropped their course load before the date of
publication of this notice, and therefore fell out of student status.
These students must satisfy the criteria set forth in the F-1
nonimmigrant student status reinstatement regulations.
How long will this notice remain in effect?
This notice grants temporary relief until August 3, 2024,\44\ to
eligible F-1 nonimmigrant students. DHS will continue to monitor the
situation in Haiti. Should the special provisions authorized by this
notice need modification or extension, DHS will announce such changes
in the Federal Register.
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\44\ Because the suspension of requirements under this notice
applies throughout an academic term during which the suspension is
in effect, DHS considers an F-1 nonimmigrant student who engages in
a reduced course load or employment (or both) after this notice is
effective to be engaging in a ``full course of study,'' see 8 CFR
214.2(f)(6), and eligible for employment authorization, through the
end of any academic term for which such student is matriculated as
of August 3, 2024, 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,
https://www.ice.gov/coronavirus (last visited Nov. 30, 2022).
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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 crisis in Haiti must demonstrate to the DSO that this
employment is necessary to avoid severe economic hardship. A DSO who
agrees that a nonimmigrant student should receive such employment
authorization must recommend an application approval to USCIS by
entering information in the remarks field of the student's SEVIS
record. The authority to collect this information is in the SEVIS
collection of information currently approved by the Office of
Management and Budget (OMB) under OMB Control Number 1653-0038.
This notice also allows an eligible F-1 nonimmigrant student to
request employment authorization, work an increased number of hours
while the academic institution is in session, and reduce their course
load while continuing to maintain F-1 nonimmigrant student status.
To apply for employment authorization, certain F-1 nonimmigrant
students must complete and submit a currently approved Form I-765
according to the instructions on the form. OMB has previously approved
the collection of information contained on the current Form I-765,
consistent with the PRA (OMB Control 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. 2023-01593 Filed 1-25-23; 8:45 am]
BILLING CODE 9111-28-P
