31872 Federal Register / Vol. 63, No. 111 / Wednesday, June 10, 1998 / Rules and Regulations

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 214

[INS No. 1914–98]

RIN 1115–AF15

Authorizing Suspension of

Applicability of Employment

Authorization Requirements in

Emergent Circumstances for Certain

F–1 Students

AGENCY: Immigration and Naturalization

Service, Justice.

ACTION: Interim rule with request for

comments.

SUMMARY: This interim rule amends the

regulations of the Immigration and

Naturalization Service (Service) that

apply to nonimmigrant aliens who are

admitted to the United States in F–1

student classification for duration of

status under section 101(a)(15)(F)(i) of

the Immigration and Nationality Act

(Act), and who are seeking either oncampus employment or authorization

for off-campus employment. The rule

allows the Commissioner, by notice in

the Federal Register, to permit specified

F–1 students to engage in on-campus

employment for more than 20 hours per

week and to suspend the applicability of

the eligibility requirements for offcampus employment authorization,

where emergent circumstances exist. F–

1 students who find it necessary to

reduce their normal course of study in

order to engage in this specially

authorized employment will be

considered to be maintaining status and

pursuing a full course of study. This

interim rule is necessary to provide a

means for the Service to take immediate

action when emergency situations arise.

DATES: Effective date: This interim rule

is effective June 10, 1998.

Comment date: Written comments

must be submitted on or before August

10, 1998.

ADDRESSES: Please submit written

comments, in triplicate, to the Director,

Policy Directives and Instructions

Branch, Immigration and Naturalization

Service, 425 I Street, NW., Room 5307,

Washington, DC 20536. To ensure

proper handling, please reference INS

No. 1914–98 on your correspondence.

Comments are available for public

inspection at the above address by

calling (202) 514–3048 to arrange for an

appointment.

FOR FURTHER INFORMATION CONTACT:

Maurice R. Berez, Adjudications Officer,

Office of Adjudications, Immigration

and Naturalization Service, 425 I Street

NW., Room 3214, Washington, DC

20536, telephone (202) 514–5014.

SUPPLEMENTARY INFORMATION:

Background

Current regulations at 8 CFR

214.2(f)(8) permit F–1 students to

engage in on-campus or off-campus

employment while pursuing their

studies in the United States as long as

certain requirements are met. The

regulations provide no flexibility in

these requirements. Crises may arise,

however, that warrant suspension of

some or all of the requirements for

certain students. An amendment to the

current regulations is necessary to

provide the Commissioner a means to

institute immediate measures for

affected students in case of a crisis. The

most expedient means is by notice in

the Federal Register. This interim rule

amends the regulations to provide such

a procedure with respect to on-campus

employment, off-campus employment

authorization, duration of status, and

full course of study.

On-Campus Employment

Under the current regulations for oncampus employment at 8 CFR

214.2(f)(9)(i), F–1 students may work no

more than 20 hours per week when

school is in session. Current regulations

provide no exceptions to thIS limitation.

This rule amends the regulations for oncampus employment to permit the

Commissioner, by notice in the Federal

Register, to allow specified F–1 students

to work on-campus more than 20 hours

per week for a temporary period where

an emergency situation has arisen.

Before a student may engage in such

employment, the student must

demonstrate to the Designated School

Official (DSO) at the student’s school

that the employment is necessary to

avoid severe economic hardship

resulting from the emergency, and the

DSO must notate the student’s Form I–

20, Certificate of Eligibility for

Nonimmigrant (F–1) Student Status, in

accordance with the Federal Register

document.

Off-Campus Employment Authorization

Current regulations at 8 CFR

214.2(f)(9)(ii) provide that an F–1

student may be authorized to work offcampus where: the student has been in

F–1 status for one full academic year;

the student is in good academic

standing and is carrying a ‘‘full course

of study;’’ the student demonstrates that

the employment will not interfere with

his or her ability to carry a full course

of study; and the student demonstrates

that he or she must work to avoid severe

economic hardship due to unforeseen

circumstances beyond the student’s

control. Just as with on-campus

employment, a student granted offcampus employment authorization may

work no more than 20 hours per week

when school is in session. The student

may work full-time during holidays or

school vacations. Section

214.2(f)(9)(ii)(A) of the current

regulations provides for automatic

termination of employment

authorization where the student fails to

maintain his or her F–1 status as set

forth in 8 CFR 214.2(f)(5).

To provide the necessary flexibility to

address unforeseeable emergencies, this

rule amends the regulations to allow the

Commissioner, by notice in the Federal

Register, to suspend the applicability of

some or all of the requirements for offcampus employment authorization for

specified F–1 students where an

emergency situation has arisen calling

for this action.

Duration of Status and Full Course of

Study

To maintain F–1 status, all F–1

students must pursue a full course of

study. The time during which an F–1

student is pursuing a full course of

study is called ‘‘duration of status.’’ See

8 CFR 214.2(f)(5). An F–1 student who

pursues less than a full course of study

and violates his or her status can seek

reinstatement if he or she meets the

requirements of 8 CFR 214.2(f)(16).

Where the Commissioner has exercised

her authority established by this interim

rule to suspend the applicability of the

requirements for on-campus and offcampus employment authorization by

notice in the Federal Register, affected

F–1 students may, but are not required

to, pursue less than their normal course

of study in order to meet their financial

needs by accepting the authorized

employment. So that these students will

not be considered to have violated their

status, this interim rule amends the

regulations at 8 CFR 214.2(f)(5) to

provide that affected F–1 students

carrying a reduced course load will be

considered to be in status during the

authorized employment, as long as the

student remains registered for a

minimum course load, which will be

specified in the Federal Register

document. Under the rule, in no event

may the minimum course load be less

than 6 semester or quarter hours of

instruction per academic term if the

student is at the undergraduate level or

3 semester or quarter hours of

instruction per academic term if the

student is at the graduate level. In

addition, the rule amends the

regulations defining ‘‘full course of

study’’ at 8 CFR 214.2(f)(6) to provide
Federal Register / Vol. 63, No. 111 / Wednesday, June 10, 1998 / Rules and Regulations 31873

that affected F–1 students carrying a

reduced course load will be deemed to

be engaged in a full course of study

during the authorized employment, as

long as the student remains registered

for a minimum course load, which may

not be less than the number of semester

or quarter hours specified in the Federal

Register document. Because affected F–

1 students who must reduce their course

load will be considered to be in status,

they do not need to request

reinstatement to return to a full course

of study.

Good Cause Exception

The Service’s implementation of this

rule as an interim rule, with provision

for post-promulgation public comment,

is based upon the ‘‘good cause’’

exception found at 5 U.S.C. 553(b)(3)(B)

and 553(d)(3). This rule permits the

Commissioner to suspend the

application of certain regulatory

requirements where an emergency

situation arises calling for such action.

Immediate implementation is necessary

because emergency circumstances have,

in fact, arisen that require immediate

action by the Service. A number of

Asian countries are experiencing an

extreme economic crisis as a result of a

sharp drop in the value of their

currencies. This crisis will have a severe

impact on the United States’ national

interest. Thailand, Indonesia, Malaysia,

South Korea, and the Philippines are

among the hardest hit by this crisis.

There are approximately 80,000

nationals currently in the United States

whose means of financial support comes

from one of these five countries. As a

result of the crisis in the five countries,

many of these students may not be able

to afford to remain in school or meet

living expenses and will be forced to

leave the United States. The President

and the Secretary of State have

requested the Government to assist in

addressing this crisis in order to further

important foreign policy interests. In

light of this crisis, the Service must

implement a mechanism to aid affected

students immediately. In this issue of

the Federal Register, the Service is

simultaneously issuing a document with

this interim rule to notify the public of

the suspension of applicability of

certain requirements under 8 CFR

214.2(f)(9) for F–1 students whose

means of financial support comes from

South Korea, Thailand, Indonesia,

Malaysia and the Philippines.

Regulatory Flexibility Act

The Commissioner of the Immigration

and Naturalization Service, in

accordance with 5 U.S.C. 605(b), has

reviewed this interim rule and, by

approving it, certifies that this rule does

not have a significant economic impact

on a substantial number of small entities

since this rule affects individual aliens,

not small entities as that term is defined

in 5 U.S.C. 601(b).

Unfunded Mandates Reform Act of

1995

This rule will not result in the

expenditure by state, local and tribal

governments, in the aggregate, or by the

private sector, of $100 million or more

in any 1 year, and it will not

significantly or uniquely affect small

governments. Therefore, no actions were

deemed necessary under the provisions

of the Unfunded Mandates Reform Act

of 1995.

Small Business Regulatory Enforcement

Fairness Act of 1996

This rule is not a major rule as

defined by section 804 of the Small

Business Regulatory Enforcement Act of

1996. This rule will not result in an

annual effect on the economy of $100

million or more; a major increase in

costs or prices; or significant adverse

effects on competition, employment,

investment, productivity, innovation, or

on the ability of United States-based

companies to compete with foreignbased companies in domestic and

export markets.

Executive Order 12866

This rule is considered by the

Department of Justice, Immigration and

Naturalization Service, to be a

‘‘significant regulatory action’’ under

Executive Order 12866, section 3(f),

Regulatory Planning and Review.

Accordingly, it has been submitted to

the Office of Management and Budget

for review.

Executive Order 12612

The regulation adopted herein will

not have substantial direct effects on the

States, on the relationship between the

National Government and the States, or

on the distribution of power and

responsibilities among the various

levels of government. Therefore, in

accordance with Executive Order 12612,

it is determined that this rule does not

have sufficient federalism implications

to warrant the preparation of a

Federalism Assessment.

Executive Order 12988 Civil Justice

Reform

This interim rule meets the applicable

standards set forth in sections 3(a) and

3(b)(2) of E.O. 12988.

List of Subjects in 8 CFR Part 214

Administrative practice and

procedures, Aliens, Employment,

Organization and functions

(Government agencies).

Accordingly, part 214 of chapter I of

title 8 of the Code of Federal

Regulations is amended as follows:

PART 214—NONIMMIGRANT CLASSES

1. The authority citation for part 214

continues to read as follows:

Authority: 8 U.S.C. 1101, 1103, 1182, 1184,

1186a, 1187, 1221, 1281, 1282; 8 CFR part 2.

2. Section 214.2 is amended by:

a. Adding a new paragraph (f)(5)(v);

b. Adding a new paragraph (f)(6)(i)(F);

c. Revising the fifth sentence in

paragraph (f)(9)(i); and by

d. Adding a sentence at the end of

paragraph (f)(9)(ii)(A), to read as

follows:

§ 214.2 Special requirements for

admission, extension, and maintenance of

status.

* * * * *

(f) * * *

(5) * * *

(v) Emergent circumstances as

determined by the Commissioner.

Where the Commissioner has suspended

the applicability of any or all of the

requirements for on-campus or offcampus employment authorization for

specified students pursuant to

paragraphs (f)(9)(i) or (f)(9)(ii) of this

section by notice in the Federal

Register, an affected student who needs

to reduce his or her full course of study

as a result of accepting employment

authorized by such notice in the Federal

Register will be considered to be in

status during the authorized

employment, subject to any other

conditions specified in the notice,

provided that, for the duration of the

authorized employment, the student is

registered for the number of semester or

quarter hours of instruction per

academic term specified in the notice,

which in no event shall be less than 6

semester or quarter hours of instruction

per academic term if the student is at

the undergraduate level or less than 3

semester or quarter hours of instruction

per academic term if the student is at

the graduate level, and is continuing to

make progress toward completing the

course of study.

(6) * * *

(i) * * *

(F) Notwithstanding paragraphs

(f)(6)(i)(A) and (f)(6)(i)(B) of this section,

an alien who has been granted

employment authorization pursuant to

the terms of a document issued by the

Commissioner under paragraphs (f)(9)(i)
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