[Federal Register Volume 89, Number 19 (Monday, January 29, 2024)]
[Notices]
[Pages 5557-5562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01762]



[[Page 5557]]

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DEPARTMENT OF HOMELAND SECURITY

U.S. Immigration and Customs Enforcement

[Docket No. ICEB-2023-0017]
RIN 1653-ZA45


Employment Authorization for Syrian F-1 Nonimmigrant Students 
Experiencing Severe Economic Hardship as a Direct Result of the Current 
Armed Conflict and Current Humanitarian Crisis in Syria

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 Syria, regardless 
of country of birth (or individuals having no nationality who last 
habitually resided in Syria), and who are experiencing severe economic 
hardship as a direct result of the current armed conflict and current 
humanitarian crisis in Syria. The Secretary is taking action to provide 
relief to these Syrian students who are in lawful F-1 nonimmigrant 
student 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 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 April 1, 2024, through September 30, 
2025.

FOR FURTHER INFORMATION CONTACT: Sharon Snyder, Unit Chief, Policy and 
Response Unit, Student and Exchange Visitor Program, MS 5600, U.S. 
Immigration and Customs Enforcement, 500 12th Street SW, Washington, DC 
20536-5600; email: <a href="/cdn-cgi/l/email-protection#d1a2b4a7a191b8b2b4ffb5b9a2ffb6bea7"><span class="__cf_email__" data-cfemail="295a4c5f5969404a4c074d415a074e465f">[email protected]</span></a>, 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 Syria regardless of country of birth (or 
individuals having no nationality who last habitually resided in 
Syria), 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 
armed conflict and current humanitarian crisis in Syria. The original 
notice, which applied to F-1 nonimmigrant students who met certain 
criteria, including having been lawfully present in the United States 
in F-1 nonimmigrant status on April 3, 2012, was effective from April 
3, 2012, through October 3, 2013. See 77 FR 20038 (Apr. 3, 2012). A 
subsequent notice provided for an extension, effective from October 3, 
2013, through March 31, 2015. See 78 FR 36211 (June 17, 2013). A third 
notice provided another extension, effective from March 31, 2015, 
through September 30, 2016. See 80 FR 232 (Jan. 5, 2015). A fourth 
notice provided another extension, effective from September 30, 2016, 
through March 31, 2018, and expanded the applicability of such 
suspension to Syrian F-1 nonimmigrant students who were in lawful F-1 
nonimmigrant student status between April 3, 2012, and September 9, 
2016. See 81 FR 62520 (Sept. 9, 2016). A fifth notice provided another 
extension, effective from March 31, 2018, through September 30, 2019. 
See 83 FR 11553 (Mar. 15, 2018). A sixth notice was provided, effective 
from April 22, 2021, through September 30, 2022. See 86 FR 21333 (Apr. 
22, 2021). A seventh notice was provided, effective from October 1, 
2022, through April 1, 2024. See 87 FR 46975 (Aug. 1, 2022). Effective 
with this publication, suspension of the employment limitations is 
available through September 30, 2025, for those who are in lawful F-1 
nonimmigrant status on the date of publication of this notice. DHS will 
deem an F-1 nonimmigrant student granted employment authorization 
through this notice to be engaged in a ``full course of study'' for the 
duration of the employment authorization, if the student satisfies the 
minimum course load set forth in this notice.\1\ See 8 CFR 
214.2(f)(6)(i)(F).
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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 September 30, 2025, provided the student satisfies the minimum 
course load requirements in this notice.
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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:
    (1) Are a citizen of Syria regardless of country of birth (or an 
individual having no nationality who last habitually resided in Syria);
    (2) Were lawfully present in the United States on the date of 
publication of this notice in F-1 nonimmigrant status under section 
101(a)(15)(F)(i) of the Immigration and Nationality Act (INA), 8 U.S.C. 
1101(a)(15)(F)(i);
    (3) Are enrolled in an academic institution that is Student and 
Exchange Visitor Program (SEVP)-certified for enrollment for F-1 
nonimmigrant students;
    (4) Are currently maintaining F-1 nonimmigrant status; and
    (5) Are experiencing severe economic hardship as a direct result of 
the current armed conflict and current humanitarian crisis in Syria.
    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 Syrian F-1 nonimmigrant 
students experiencing severe economic hardship due to the current armed 
conflict and current humanitarian crisis in Syria. Based on its review 
of country conditions in Syria and input received from the U.S. 
Department of State (DOS), DHS is taking action to allow eligible F-1 
nonimmigrant students from Syria 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.
    Increased violent conflict poses substantial risk to Syrians 
throughout

[[Page 5558]]

the country. The Syrian people remain subjected to conflict with no end 
in sight. Roughly 550,000 people have been killed as a result of the 
violence since the start of the Syrian conflict in 2011.\2\ From 
January to December of 2022, 1,057 civilians, including 251 children 
and at least 158 women, died due to continued conflict.\3\ Syria is the 
third least peaceful country according to the 2023 Global Peace 
Index.\4\ Concerns for health and safety have led to massive civilian 
displacement within Syria as well as large-scale migration to 
neighboring countries and Europe, creating the largest influx of 
refugees into Europe since World War II.\5\ Continued economic 
concerns, internal conflict, and humanitarian concerns have created a 
severe, and worsening, humanitarian crisis that includes large scale 
population displacement.\6\
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    \2\ 2022 Country Reports on Human Rights Practices: Syria, U.S. 
Dept. of State, 2022, available at https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/syria/ (last visited 
Dec. 7, 2023).
    \3\ Id.
    \4\ Global Peace Index 2023, The Institute for Economics and 
Peace, June 2023, available at https://www.economicsandpeace.org/wp-content/uploads/2023/06/GPI-2023-Web.pdf (last visited Oct. 10, 
2023).
    \5\ A visual guide to 75 years of major refugee crises around 
the world, The Washington Post, Dec. 21, 2015, available at https://www.washingtonpost.com/graphics/world/historical-migrant-crisis/ 
(last visited Sept. 27, 2023).
    \6\ 2023 Humanitarian Needs Overview: Syrian Arab Republic, 
UNOCHA, Dec. 2022, available at https://www.humanitarianresponse.info/sites/www.humanitarianresponse.info/files/documents/files/hno_2023-rev-1.12_1.pdf (last visited Oct. 10, 
2023).
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Economic Concerns

    The Syrian economy has been devastated by years of conflict, the 
February 6, 2023 earthquake, the financial crisis in Lebanon, and 
government corruption.\7\ The devaluation of the currency has put the 
value of the Syrian pound at an all-time low.\8\ The effects of the 
currency devaluation has greatly impacted ordinary citizens' access to 
basic needs such as food, fuel and medication.\9\ The outlook for the 
future of the Syrian economy has been grim, even before the 
Kahramanmara[scedil] earthquake on February 6, 2023. Additionally, the 
World Bank predicted that Syria's real GDP would contract by 5.5 
percent in 2023,\10\ based on rising costs of food and fuel, combined 
with myriad uncertainties including domestic conflict, damaged 
healthcare infrastructure, and a declining agricultural sector.\11\
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    \7\ Syria Economic Monitor Winter 2022/2023, The World Bank, 
March 17, 2023, available at https://www.worldbank.org/en/country/
syria/publication/syria-economic-monitor-winter-2022-
2023#:~:text=Subject%20to%20high%20uncertainty%2C%20real,3.5%20percen
t%20decline%20in%20202 (last visited Sept. 27, 2023).
    \8\ Danny Makki, Syria's economic freefall continues despite 
Arab League return, The Middle East Institute, Aug. 16, 2023, 
available at https://www.mei.edu/publications/syrias-economic-freefall-continues-despite-arab-league-return (last visited Sept. 
27, 2023).
    \9\ Id.
    \10\ Earthquake undermines Syria's Economic Outlook, Compounding 
Dire Socio-Economic Conditions, and Internal Displacement, The World 
Bank, March 17, 2023 Syria Economic Monitor Winter 2022/2023, The 
World Bank, March 17, 2023, available at https://www.worldbank.org/en/news/press-release/2023/03/17/earthquake-undermines-syria-s-economic-outlook-compounding-dire-socio-economic-conditions-and-internal-displacement (last visited Sept. 27, 2023).
    \11\ Syria Economic Monitor Winter 2022/2023, The World Bank, 
March 17, 2023 available at https://www.worldbank.org/en/country/
syria/publication/syria-economic-monitor-winter-2022-
2023#:~:text=Subject%20to%20high%20uncertainty%2C%20real,3.5%20percen
t%20decline%20in%20202 (last visited Sept. 27, 2023).
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Internal Conflict

    Security conditions remain dire for civilians in Syria and ``[i]n 
2022, Syria remain[ed] the third least peaceful country in the world 
according to the Global Peace Index (GPI). Ongoing hostilities, 
including artillery shelling, air strikes and land mines, continue to 
threaten the lives of civilians and hamper humanitarian activities.''
    Northwest Syria continues to see an uptick in conflict with recent 
ongoing regime and Russian airstrikes and retaliatory attacks. 
Civilians and civilian infrastructure are commonly the subjects of 
artillery shelling, especially in Idlib governorate. Additionally, 
civilians in the northwest Syria continue to face harm, especially 
those who run afoul of armed groups like U.S.-designated terrorist 
organization Hay'at Tahrir al-Sham (HTS) in Idlib.
    Continued conflict persists in government-controlled regions of 
Syria, with the Syrian Arab Air Force conducting frequent airstrikes. 
Central Syria also suffers from a power vacuum despite being nominally 
under government control. ISIS has exploited the minimal government 
presence in the area, conducting multiple attacks against civilians in 
the spring of 2023, including a massacre of 53 people on February 17, 
2023.\12\
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    \12\ Report of the Independent International Commission of 
Inquiry on the Syrian Arab Republic, United Nations General Assembly 
Human Rights Council, Aug. 14, 2023, available at https://documents-dds-ny.un.org/doc/UNDOC/GEN/G23/155/49/PDF/G2315549.pdf?OpenElement 
(last visited Sept. 27, 2023).
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Humanitarian Concerns

    As the civil conflict in Syria continues into its 13th year, the 
number of people in Syria in need of humanitarian assistance has 
increased from 14.6 to 15.3 million since 2022.<SUP>13 14</SUP>
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    \13\ 2022 Humanitarian Needs Overview: Syrian Arab Republic, 
UNOCHA, Feb. 22, 2022, available at https://reliefweb.int/report/syrian-arab-republic/2022-humanitarian-needs-overview-syrian-arab-republic-february-2022 (last visited Sept. 27, 2023).
    \14\ Syria--Complex Emergency Fact Sheet #8, Fiscal Year 2023, 
USAID, Aug. 16, 2023, available at https://reliefweb.int/report/syrian-arab-republic/syria-complex-emergency-fact-sheet-8-fiscal-year-fy-2023 (last visited Sept. 27, 2023).
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    Additionally, northern Syria was subject to a deadly earthquake in 
February 2023, in which 8,476 people lost their lives.\15\ The United 
Nations High Commissioner for Refugees (UNHCR) reports 5,183,140 Syrian 
refugees in neighboring countries,\16\ and 6.8 million people 
internally displaced (IDPs) within Syria.\17\ The conflict has resulted 
in high levels of food insecurity, limited access to water and medical 
care, and large-scale destruction of Syria's infrastructure, which was 
only exacerbated by the earthquake in February 2023.\18\ Additionally, 
credible reports of indiscriminate killing and deliberate targeting of 
civilians, as well as forced conscription and use of child soldiers has 
intensified the humanitarian crisis in Syria since the start of 
2022.\19\
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    \15\ Devastating Earthquakes in Southern T[uuml]rkiye and 
Northern Syria, Situation Report 20, International Blue Crescent 
Relief and Development Foundation, May 19, 2023, available at 
https://reliefweb.int/report/turkiye/devastating-earthquakes-southern-turkiye-and-northern-syria-18-may-2023-situation-report-23-entr.
    \16\ Situation Syria Regional Refugee Response, UNHCR, available 
at https://data2.unhcr.org/en/situations/syria, Oct. 5, 2023, (last 
visited Sept. 27, 2023).
    \17\ Syria--Complex Emergency Fact Sheet #8, Fiscal Year 2023, 
Aug. 16, 2023, available at https://reliefweb.int/report/syrian-arab-republic/syria-complex-emergency-fact-sheet-8-fiscal-year-fy-2023 (last visited Sept. 27, 2023).
    \18\ Syria Earthquake 2023 Rapid Damage and Needs Assessment 
(RDNA), The World Bank, March 1, 2023, available at https://documents.worldbank.org/en/publication/documents-reports/documentdetail/099093003162314369/p1721710e2b4a60b40a5940f0793f8a0d24 (last visited Sept. 27, 2023).
    \19\ 2023 Humanitarian Needs Overview: Syrian Arab Republic, 
UNOCHA, Dec. 2022, available at https://www.humanitarianresponse.info/sites/www.humanitarianresponse.info/files/documents/files/hno_2023-rev-1.12_1.pdf 
(humanitarianresponse.info) (last visited Oct. 10, 2023).
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    As of December 8, 2023, approximately 349 F-1 nonimmigrant students 
from Syria are enrolled at SEVP-certified academic institutions in the 
United States. Given the extent of the current armed conflict and 
current humanitarian crisis in Syria, affected students whose primary 
means of financial support comes from Syria may need to be exempt from 
the normal student employment requirements to

[[Page 5559]]

continue their studies in the United States. The current armed conflict 
and current humanitarian crisis has made it unfeasible for many 
students to safely return to Syria 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 Syrian citizen, 
regardless of country of birth (or an individual having no nationality 
who last habitually resided in Syria), 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].\20\
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    \20\ 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 Sept. 30, 2025, 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'' \21\ 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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    \21\ 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 meet 
the following conditions:
    (1) Are a citizen of Syria regardless of country of birth (or an 
individual having no nationality who last habitually resided in Syria);
    (2) Were lawfully present in the United States on the date of 
publication of this notice in F-1 nonimmigrant status, under section 
101(a)(15)(F)(i) of the INA, 8 U.S.C. 1101(a)(15)(F)(i);
    (3) Are enrolled in an academic institution that is SEVP-certified 
for enrollment of F-1 nonimmigrant students;
    (4) Are maintaining F-1 nonimmigrant status; and
    (5) Are experiencing severe economic hardship as a direct result of 
the current armed conflict and current humanitarian crisis in Syria.
    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 armed conflict and 
current humanitarian crisis in Syria).

[[Page 5560]]

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 Syria 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 
8CFR214.2(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 Syria 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.

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].\22\
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    \22\ 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 Sept. 30, 2025, 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 
armed conflict and current humanitarian crisis in Syria. An F-1 
nonimmigrant student authorized by the DSO to engage in on-campus 
employment by means of this notice does not need to file any 
applications with U.S. Citizenship and Immigration Services (USCIS). 
The standard rules permitting full-time on-campus employment when 
school is not in session or during school vacations apply, as described 
in 8 CFR 214.2(f)(9)(i).

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

    Yes. DHS will deem an F-1 nonimmigrant student who receives on-
campus employment authorization under this notice to be engaged in a 
``full course of study'' \23\ 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.\24\
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    \23\ See 8 CFR 214.2(f)(6).
    \24\ 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'' \25\ 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.\26\
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    \25\ See 8 CFR 214.2(f)(6).
    \26\ 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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[[Page 5561]]

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 armed conflict and current humanitarian crisis in 
Syria.\27\ Filing instructions are located at https://www.uscis.gov/i-765.
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    \27\ 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 https://www.uscis.gov/forms/filing-fees/additional-information-on-filing-a-fee-waiver. 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) (Oct. 1, 
2020).
    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 armed conflict 
and current humanitarian crisis in Syria.
    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].\28\
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    \28\ 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 Sept. 30, 2025, provided the student satisfies the minimum course 
load requirements in this notice.

    The F-1 nonimmigrant student must then file the properly endorsed 
Form I-20 and Form I-765 according to the instructions for the Form I-
765. The F-1 nonimmigrant student may begin working off campus only 
upon receipt of the EAD from USCIS.
    DSO recommendation. In making a recommendation that an F-1 
nonimmigrant student be approved for Special Student Relief, the DSO 
certifies that:
    (a) The F-1 nonimmigrant student is in good academic standing and 
is carrying a ``full course of study'' \29\ at the time of the request 
for employment authorization;
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    \29\ See 8 CFR 214.2(f)(6).
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    (b) The F-1 nonimmigrant student is a citizen of Syria, regardless 
of country of birth (or an individual having no nationality who last 
habitually resided in Syria), and is experiencing severe economic 
hardship as a direct result of the current armed conflict and current 
humanitarian crisis in Syria, 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; \30\ and
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    \30\ 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 
armed conflict and current humanitarian crisis in Syria.
    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) (Oct. 1, 2020); 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.'' \31\ Failure to include this notation may 
result in significant processing delays.
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    \31\ Guidance for direct filing addresses can be found here: 
https://www.uscis.gov/i-765-addresses.
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    If USCIS approves the student's Form I-765, USCIS will send the 
student a Form I-766 EAD as evidence of employment authorization. The 
EAD will contain an expiration date that does not exceed the end of the 
granted temporary relief.

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,\32\ under this notice has two options.
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    \32\ See DHS Study in the States, Special Student Relief, 
https://studyinthestates.dhs.gov/students/special-student-relief 
(last visited Oct. 10, 2023).
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    Under the first option, the F-1 nonimmigrant student may apply for 
TPS according to the instructions in the USCIS notice designating Syria 
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 September 30, 2025, and to be 
eligible for automatic EAD extensions that may be available to certain 
EADs with an A-12 or C-19 category code, they must file Form I-765 and 
pay the Form I-765 fee (or request a fee waiver). After receiving the 
TPS-related EAD, an F-1 nonimmigrant student may request that their DSO 
make the required entry in SEVIS and issue an updated Form I-20, which 
notates that the nonimmigrant student has been authorized to carry a 
reduced course load, as described in this notice. As long as the F-1 
nonimmigrant student maintains the minimum course load described in 
this notice, does not otherwise violate their nonimmigrant status, 
including as provided under 8 CFR 214.1(g), and maintains TPS, then the 
student maintains F-1 status and TPS concurrently.
    Under the second option, the F-1 nonimmigrant student may apply for 
an EAD under Special Student Relief by filing Form I-765 with the 
location

[[Page 5562]]

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 Syria for TPS. If the F-1 
nonimmigrant student has already applied for employment authorization 
under Special Student Relief, they are not required to submit the Form 
I-765 as part of the TPS application. However, some nonimmigrant 
students may wish to obtain a TPS-related EAD in light of certain 
extensions that may be available to EADs with an A-12 or C-19 category 
code that are not available to the C-3 category under which Special 
Student Relief falls. The F-1 nonimmigrant student should check the 
appropriate box when filling out Form I-821 to indicate whether a TPS-
related EAD is being requested. Again, as long as the F-1 nonimmigrant 
student maintains the minimum course load described in this notice and 
does not otherwise violate the student's nonimmigrant status, included 
as provided under 8 CFR 214.1(g), the nonimmigrant will be able to 
maintain compliance requirements for F-1 nonimmigrant student status 
while having TPS.

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

    The F-1 nonimmigrant student must maintain normal course load 
requirements for a ``full course of study'' \33\ unless or until the 
nonimmigrant student receives employment authorization under this 
notice. TPS-related employment authorization, by itself, does not 
authorize a nonimmigrant student to drop below twelve credit hours, or 
otherwise applicable minimum requirements (e.g., clock hours for non-
traditional academic programs). Once approved for a TPS-related EAD and 
Special Student Relief employment authorization, as indicated by the 
DSO's required entry in SEVIS and issuance of an updated Form I-20, the 
F-1 nonimmigrant student may drop below twelve credit hours, or 
otherwise applicable minimum requirements (with a minimum of six 
semester or quarter hours of instruction per academic term if at the 
undergraduate level, or for a minimum of three semester or quarter 
hours of instruction per academic term if at the graduate level). See 8 
CFR 214.2(f)(5)(v), (f)(6), and (f)(9)(i) and (ii).
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    \33\ 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 armed conflict and current 
humanitarian crisis in Syria. The DSO will then verify and update the 
student's record in SEVIS to enable the F-1 nonimmigrant student with 
TPS to reduce the course load without any further action or 
application. No other EAD needs to be issued for the F-1 nonimmigrant 
student to have employment authorization.

Can a noncitizen who has been granted TPS apply for reinstatement of F-
1 nonimmigrant student status after the noncitizen's F-1 nonimmigrant 
student status has lapsed?

    Yes. Regulations permit certain students who fall out of F-1 
nonimmigrant student status to apply for reinstatement. See 8 CFR 
214.2(f)(16). This provision may apply to students who worked on a TPS-
related EAD or dropped their course load before publication of this 
notice, and therefore fell out of student status. These students must 
satisfy the criteria set forth in the F-1 nonimmigrant student status 
reinstatement regulations.

How long will this notice remain in effect?

    This notice grants temporary relief until September 30, 2025,\34\ 
to eligible F-1 nonimmigrant students. DHS will continue to monitor the 
situation in Syria. 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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    \34\ 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 Sept. 30, 2025, provided the student satisfies the minimum course 
load requirements 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 armed conflict and current humanitarian crisis in Syria must 
demonstrate to the DSO that this employment is necessary to avoid 
severe economic hardship. A DSO who agrees that a nonimmigrant student 
should receive such employment authorization must recommend an 
application approval to USCIS by entering information in the remarks 
field of the student's SEVIS record. The authority to collect this 
information is in the SEVIS collection of information currently 
approved by the Office of Management and Budget (OMB) under OMB Control 
Number 1653-0038.
    This notice also allows an eligible F-1 nonimmigrant student to 
request employment authorization, work an increased number of hours 
while the academic institution is in session, and reduce their course 
load while continuing to maintain F-1 nonimmigrant student status.
    To apply for employment authorization, certain F-1 nonimmigrant 
students must complete and submit a currently approved Form I-765 
according to the instructions on the form. OMB has previously approved 
the collection of information contained on the current Form I-765, 
consistent with the PRA (OMB Control Number 1615-0040). Although there 
will be a slight increase in the number of Form I-765 filings because 
of this notice, the number of filings currently contained in the OMB 
annual inventory for Form I-765 is sufficient to cover the additional 
filings. Accordingly, there is no further action required under the 
PRA.

Alejandro Mayorkas,
Secretary, U.S. Department of Homeland Security.
[FR Doc. 2024-01762 Filed 1-26-24; 8:45 am]
BILLING CODE 9111-28-P


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