[Federal Register Volume 63, Number 111 (Wednesday, June 10, 1998)]
[Rules and Regulations]
[Pages 31874-31876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15508]


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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 214

[INS No. 1911-98]


Employment Authorization for Certain F-1 Nonimmigrant Students 
Whose Means of Financial Support Comes From Indonesia, South Korea, 
Malaysia, Thailand, or the Philippines

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Notice of suspension of applicability of certain requirements.

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SUMMARY: The Commissioner of the Immigration and Naturalization Service 
(Service) is temporarily suspending the applicability of certain 
requirements in 8 CFR 214.2(f)(9) governing on-campus and off-campus 
employment for nonimmigrant aliens who are admitted to the United 
States in F-1 classification for duration of status under section 
101(a)(15)(F)(i) of the Immigration and Nationality Act (Act), and 
whose means of financial support as reflected in the students' Form I-
20, Certificate of Eligibility for Nonimmigrant (F-1) Student Status, 
is from Indonesia, South Korea, Malaysia, Thailand, or the Philippines. 
This action is necessary because students whose means of financial 
support comes from these countries are experiencing severe economic 
hardship due to the rapid devaluation of their currencies against the 
United States dollar and the consequent reduction in financial support. 
These affected students may need to be exempted from the normal student 
employment requirements in order to continue their studies in the 
United States.

DATES: This document is effective June 10, 1998 and will remain in 
effect until the Attorney General rescinds this document.

FOR FURTHER INFORMATION CONTACT:
Maurice R. Berez, Adjudications Officer, Office of Adjudications, 
Immigration and Naturalization Service, 425 I Street, NW., Washington, 
DC 20536, telephone (202) 514-5014.

SUPPLEMENTARY INFORMATION:

Why Is The Service Taking This Action?

    The currencies of Indonesia, South Korea, Malaysia, Thailand, and 
the Philippines have experienced a sudden and severe drop in value over 
recent months relative to the United States dollar. The United States 
Department of the Treasury advises that this economic crisis will 
likely continue for the next several months. The President and the 
Secretary of State have requested the Government, as a matter of 
foreign policy and wherever feasible, to assist students whose means of 
financial support comes from these countries to mitigate the adverse 
impact of this crisis. The economic crisis has had a severe economic 
impact on many F-1 nonimmigrant students who are presently in the 
United States and whose means of financial support comes from any of 
these five countries. The total population of such students attending 
colleges and universities in the United States is approximately 80,000. 
Given the magnitude of this student population in the United States, 
the economic crisis in these students' countries is also having an 
indirect but serious adverse impact on campuses across the country.
    While some affected students will have brought enough money with 
them to the United States for the entire academic year, many other 
students who depend on a regular flow of funds from one of the five 
enumerated countries may be experiencing severe economic hardship as a 
result of the economic crisis. These students may be unable to continue 
to cover the full cost of their studies and reasonable living expenses, 
and may therefore need to seek immediate employment to meet this 
unexpected change in their financial support.
    Based on the above-noted foreign policy grounds, and in order to 
aid such adversely affected students, the Commissioner is exercising 
her authority under 8 CFR 214.2(f)(9) and is temporarily suspending the 
applicability of certain regulatory requirements pertaining to 
employment authorization for certain F-1 students whose means of 
financial support, as reflected on their Form I-20, comes from 
Indonesia, South Korea, Malaysia, Thailand, or the Philippines, and 
who, due to the economic crisis, would suffer severe economic hardship 
without such employment authorization. Under this temporary suspension, 
eligible F-1 students will be permitted to exceed the normal 20-hour 
limit on both on-campus and off-campus employment, and to reduce their 
full course of study without violating their F-1 status. This action is 
taken pursuant to amendments made to the regulations at 8 CFR 
214.2(f)(5), 214.2(f)(6), and 214.2(f)(9) in an interim rule issued by 
the Service and published in this issue of the Federal Register.

For What Requirements in 8 CFR 214.2(f)(9) Is The Applicability 
Temporarily Suspended?

1. On-Campus Employment

    For F-1 students whose means of financial support, as reflected in 
their Form I-20, comes from Indonesia, South Korea, Malaysia, Thailand 
or the Philippines, and who seek to engage in on-campus employment 
because of severe economic hardship resulting from the current economic 
crisis, the Commissioner is suspending the applicability of the 
requirement in 8 CFR 214.2(f)(9)(i) that limits an F-1 student's on-
campus employment to 20 hours per week while school is in session. The 
applicability of this requirement will be suspended until this document 
is rescinded. Students whose means of financial support comes from one 
of the five enumerated countries, and who are experiencing severe 
economic hardship due to the

[[Page 31875]]

economic crisis in these countries, are authorized to work more than 20 
hours per week while school is in session if their Designated School 
Official (DSO) notates page 4 of both the school and student copies of 
the Form I-20 in the student employment box with the statement:

    Approved for more than 20 hour per week of on-campus employment 
under the Special Student Relief authorization from (DSO shall 
insert the beginning date of employment) until (DSO shall insert the 
earlier of the last day of the student's program or one year from 
the beginning date of employment)

and signs and dates the notation. To obtain this on-campus employment 
authorization, students must demonstrate to their DSO that the 
employment is necessary to avoid severe economic hardship caused by the 
economic crisis taking place in one of the five specified countries 
from which their means of financial support is derived. These students 
are permitted to reduce their normal course of study in order to accept 
such employment. To be considered to be maintaining F-1 status and 
engaging in a full course of study under 8 CFR 214.2(f)(5)(v) and 
214.2(f)(6)(i)(F), however, undergraduate students must remain 
registered for a minimum of 6 semester or quarter hours of instruction 
per academic term and graduate students must remain registered for a 
minimum of 3 semester or quarter hours of instruction per academic term 
for the period of authorized employment. The standard rules at 8 CFR 
214.2(f)(9)(i) permitting full-time work on-campus when school is not 
in session or during school vacations will continue to apply during the 
effective period of this document.

2. Off-Campus Employment

    For purposes of off-campus employment authorization under 8 CFR 
214.2(f)(9)(ii), the Commissioner has determined that the currency 
devaluation affecting Indonesia, South Korea, Malaysia, Thailand, and 
the Philippines constitutes unforeseen circumstances beyond the 
student's control. Moreover, for students whose means of financial 
support, as reflected on their Form I-20, is from one of these five 
countries and who establish severe economic hardship, the Commissioner 
is suspending the applicability of the following regulatory 
requirements in 8 CFR 214.2(f)(9)(ii):
    1. The requirement that the student has been in F-1 status for one 
full academic year;
    2. The requirement that acceptance of employment will not interfere 
with the student's carrying a full course of study; and
    3. The requirement that the student's work authorization be limited 
to no more than 20 hours per week when school is in session.
    F-1 students who must reduce their normal course of study as a 
result of accepting employment authorized by this notice will be 
considered to be maintaining F-1 status and engaging in a full course 
of study under 8 CFR 214.2(f)(5)(v) and 214.2(f)(6)(i)(F), provided 
that, for the duration of their authorized employment, undergraduate 
students are registered for a minimum of 6 semester or quarter hours of 
instruction per academic term and graduate students are registered for 
a minimum of 3 semester or quarter hours of instruction per academic 
term. The standard rules at 8 CFR 214.2(f)(9)(ii) permitting full-time 
work off-campus when school is in session or during school vacations 
will continue to apply during the effective period of this document.

How Can F-1 Students, Whose Means of Financial Support Is From One 
of the Five Enumerated Countries, Apply for Special Off-Campus 
Employment Authorization Pursuant to This Document?

    To apply for this special off-campus employment authorization, F-1 
students must file a complete employment authorization application with 
the Service Center having jurisdiction over the student's place of 
residence. An application is complete if it contains:
    1. A properly completed Form I-765, Application for Employment 
Authorization, with the required fee of $70 or, in the absence of the 
fee, a written affidavit requesting waiver of the fee which explains 
why he or she is entitled to or deserving of the fee waiver and the 
reasons for his or her inability to pay as provided under 8 CFR 
103.7(c);
    2. Form I-20 with a written notation by the DSO on page 4 in the 
student employment box stating,

    Special Student Relief recommended from (DSO shall insert the 
recommended beginning date of employment) until (DSO shall insert 
the earlier of the last day of the student's program or one year 
from the recommended beginning date of employment)

that is signed and dated by the DSO; and
    3. A copy of Form I-538, Certification by Designated School 
Official, containing an original, notarized signature of the DSO and a 
certification by the DSO that the student has demonstrated the 
following:
    a. That the student's means of financial support, as documented on 
Form I-20, is from Indonesia, South Korea, Malaysia, Thailand or the 
Philippines (the DSO must note this in the comments section of Form I-
538);
    b. That the student is in good standing as a student and is 
carrying a full course of study at the time of the request for 
employment authorization (the DSO must check the appropriate box in 
block 9 of Form I-538);
    c. That, if the student cannot carry a full course of study as a 
result of the acceptance of employment, the student will be registered, 
for the duration of his or her authorized employment, for a minimum of 
6 semester or quarter hours of instruction per academic term if the 
student is at the undergraduate level or for a minimum of 3 semester or 
quarter hours of instruction per academic term if the student is at the 
graduate level (the DSO must note this in the comments section of Form 
I-538); and
    d. That the off-campus employment is necessary to avoid severe 
economic hardship to the individual caused by the economic crisis 
taking place in one of the five specified countries from which the 
student's means of financial support is derived (the DSO must note this 
in the comments section of Form I-538).
    To help expedite adjudication of the student's application, the 
student should:
    a. Ensure that the application package includes: (1) A completed 
Form I-765; (2) the required fee or affidavit requesting waiver of the 
fee; (3) a copy of Form I-538 with notarized original signature of the 
DSO; and (4) a copy of the student's I-20 with the appropriate DSO 
notation on page 4 as previously described in this notice;
    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.''
    If the Service approves the student's employment authorization 
application, the Service will send the student an Employment 
Authorization Document, Form I-766, to evidence his or her employment 
authorization. The Form I-766 will contain an expiration date that does 
not exceed the earlier of the last day of the student's program or one 
year from the date of issuance.

Is There a Cut-Off Date for the Filing of Applications for Off-
Campus Employment Authorization Under This Document?

    The Service has not yet determined a cut-off date for the filing of 
applications for off-campus work authorization under this document. The 
Service will

[[Page 31876]]

issue a document in the Federal Register announcing a cut-off date for 
filing such applications when it makes this determination.

Must the F-1 Student Apply for Reinstatement After Expiration of 
This Special Employment Authorization if the Student Reduces His or 
Her Full Course of Study?

    No. If an F-1 student reduces his or her normal course of study in 
order to engage in employment pursuant to this document, the F-1 
student will be considered to be maintaining his or her status under 8 
CFR 214.2(f)(5)(v). As previously discussed, a student will be 
considered to be maintaining status only if the student is registered 
for a minimum of 6 semester or quarter hours of instruction per 
academic term where the student is at the undergraduate level, or is 
registered for a minimum of 3 semester or quarter hours of instruction 
per academic term where the student is at the graduate level. Because a 
student who has reduced his or her full course of study in accordance 
with this document is considered to be maintaining status, he or she is 
not required to request reinstatement from the Service under 8 CFR 
214.2(f)(16) before the student resumes a full course of study at the 
conclusion of his or her employment authorization.

Will the Suspension of the Applicability of the Standard Student 
Employment Requirements Apply to Aliens Who, as of the Effective 
Date of This Document, Have not yet Been Granted an F-1 Visa in 
Order to Pursue a Course of Studies in the United States?

    No, the suspension of the applicability of the standard regulatory 
requirements does not apply to such persons, even if their means of 
financial support comes from any of the five above-noted countries.

Does This Document Apply to F-1 Students Who Leave the United 
States and Will Need to Obtain a New F-1 Visa During the Validity 
Period of This Document in Order to Continue Their Educational 
Program in the United States?

    Yes, provided that the DSO has properly notated the Form I-20 in 
accordance with this document. Subject to the specific terms of this 
document, however, the normal rules for visa issuance, including those 
related to public charge and nonimmigrant intent, remain applicable to 
aliens who need to apply for a new F-1 visa in order to continue their 
educational program in the United States.

How Long Will This Document Remain in Effect?

    The suspension of applicability of on-campus and off-campus 
employment authorization requirements by this document will remain in 
effect until this document is rescinded by the Attorney General. During 
this period, the Service will continue to consult with the President 
and the Departments of State and Treasury in order to determine whether 
economic circumstances in the five enumerated countries warrant 
rescission or modification of the special provisions for F-1 students 
whose means of support comes from one of these countries. Should these 
special provisions be modified or rescinded, the Service will issue a 
document in the Federal Register announcing any changes.

    Dated: June 5, 1998.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 98-15508 Filed 6-8-98; 2:23 pm]
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