31874 Federal Register / Vol. 63, No. 111 / Wednesday, June 10, 1998 / Rules and Regulations

or (f)(9)(ii) of this section and published

in the Federal Register shall be deemed

to be engaged in a ‘‘full course of study’’

if he or she remains registered for no

less than the number of semester or

quarter hours of instruction per

academic term specified by the

Commissioner in the notice for the

validity period of such employment

authorization.

* * * * *

(9) * * *

(i) On-campus employment. * * *

Employment authorized under this

paragraph must not exceed 20 hours a

week while school is in session, unless

the Commissioner suspends the

applicability of this limitation due to

emergent circumstances, as determined

by the Commissioner, by means of

notice in the Federal Register, the

student demonstrates to the DSO that

the employment is necessary to avoid

severe economic hardship resulting

from the emergent circumstances, and

the DSO notates the Form I–20 in

accordance with the Federal Register

document.* * *

(ii) * * *

(A) General. * * * In emergent

circumstances as determined by the

Commissioner, the Commissioner may

suspend the applicability of any or all

of the requirements of paragraph

(f)(9)(ii) of this section by notice in the

Federal Register.

* * * * *

Dated: May 1, 1998.

Doris Meissner,

Commissioner, Immigration and

Naturalization Service.

[FR Doc. 98–15507 Filed 6–8–98; 2:23 pm]

BILLING CODE 4410–10–M

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.

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 oncampus 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
Federal Register / Vol. 63, No. 111 / Wednesday, June 10, 1998 / Rules and Regulations 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
31876 Federal Register / Vol. 63, No. 111 / Wednesday, June 10, 1998 / Rules and Regulations

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 oncampus 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]

BILLING CODE 4410–10–M