36288 Federal Register / Vol. 86, No. 129 / Friday, July 9, 2021 / Notices 

1Because 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 March 3, 2023, provided the 

student satisfies the minimum course load 

requirement in this notice. DHS also considers 

students who engage in online coursework pursuant 

to ICE coronavirus disease 2019 (COVID–19) 

guidance for nonimmigrant students to be in 

compliance with regulations while such guidance 

remains in effect. See ICE Guidance and Frequently 

Asked Questions on COVID–19, available at https:// 

www.ice.gov/coronavirus [last visited May 2021]. 

2USCIS DHS Announces Temporary Protected 

Status Designation for Yemen, available at: https:// 

www.uscis.gov/archive/dhs-announces-temporaryprotected-status-designation-for-yemen [last visited 

May 2021]. 

3United Nations News UN humanitarian office 

puts Yemen war dead at 233,000, mostly from 

‘indirect causes’ available at https://news.un.org/ 

en/story/2020/12/1078972#:∼:text=

UN%20Podcasts-,UN%20humanitarian%20office

%20puts%20Yemen%20war

%20dead,%2C%20mostly%20from%20’indirect

%20causes’&text=Millions%20of%20children

%20across%20Yemen,lack%20of%20basic

%20health%20services [last visited May 2021]. 

4United Nations High Commissioner for Refugees 

(UNHCR) Refugee Data Finder 2015–2020 available 

at https://www.unhcr.org/refugee-statistics/ 

download/?url=Gb4fe1 [last visited May 2021]. 

Dated: July 6, 2021. 

Andrew A. Hooper, 

Project Clearance Liaison, National Institute 

of Mental Health, National Institutes of 

Health. 

[FR Doc. 2021–14630 Filed 7–8–21; 8:45 am] 

BILLING CODE 4140–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

[Docket No. ICEB–2021–0007] 

RIN 1653–ZA19 

Employment Authorization for Yemeni 

F–1 Students Experiencing Severe 

Economic Hardship as a Direct Result 

of the Current Crisis in Yemen 

AGENCY: U.S. Immigration and Customs 

Enforcement (ICE), Department of 

Homeland Security (DHS). 

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 Yemen (regardless of 

country of birth) and who are 

experiencing severe economic hardship 

as a direct result of the current crisis in 

Yemen. 

The Secretary is taking action to 

provide relief to Yemeni citizens who 

are lawful F–1 nonimmigrant students 

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 F–1 

nonimmigrant student status. DHS will 

deem an F–1 nonimmigrant student 

who receives 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 notice will be effective on 

September 4, 2021 and will remain in 

effect through March 3, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Sharon Snyder, Unit Chief, Policy and 

Response Unit, Student and Exchange 

Visitor Program; U.S. Immigration and 

Customs Enforcement, 500 12th Street 

SW, Stop 5600, Washington, DC 20536– 

5600; email: sevp@ice.dhs.gov, 

telephone: (703) 603–3400. This is not 

a toll-free number. Program information 

is available at http://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 Yemen who are present 

in the United States in lawful F–1 

nonimmigrant student status as of 

September 4, 2021, and who are 

experiencing severe economic hardship 

as a direct result of the current crisis in 

Yemen. Suspension of the employment 

limitations will be available from 

September 4, 2021 until March 3, 2023, 

for those who are in lawful F–1 

nonimmigrant status as of September 4, 

2021. 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 F–1 

nonimmigrant student satisfies the 

minimum course load set forth in this 

notice.1 See 8 CFR 214.2(f)(6)(i)(F). 

Who is covered by this notice? 

This notice applies exclusively to F– 

1 nonimmigrant students who meet all 

of the following conditions: 

(1) Are citizens of Yemen (regardless 

of country of birth); 

(2) Are lawfully present in the United 

States in an F–1 nonimmigrant status on 

September 4, 2021, 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 of F–1 nonimmigrant 

students; 

(4) Are currently maintaining F–1 

nonimmigrant status; and 

(5) Are experiencing severe economic 

hardship as a direct result of the current 

crisis in Yemen. 

This notice applies to F–1 

nonimmigrant students in an approved 

private school in grades kindergarten 

through grade 12, public school in 

grades 9 through 12, and undergraduate 

and graduate education. An F–1 

nonimmigrant student covered by this 

notice who transfers to another SEVPcertified academic institution remains 

eligible for the relief provided by means 

of this notice. 

Why is DHS taking this action? 

DHS initially designated Yemen for 

Temporary Protected Status (TPS) on 

September 3, 2015, based on ongoing 

armed conflict in the country resulting 

from the July 2014 offensive by the 

Houthis, a northern opposition group 

that initiated a violent, territorial 

expansion across the country, 

eventually forcing the Yemeni 

government leaders into exile in Saudi 

Arabia.2

As a result of the ongoing armed 

conflict and continuous crisis in Yemen, 

the Secretary has redesignated and 

extended TPS for Yemen for 18 months, 

effective September 4, 2021. Consistent 

with USCIS designation for TPS for 

Yemen, this notice provides relief to 

Yemeni F–1 nonimmigrant students 

experiencing severe economic hardship 

as a direct result of the crisis in Yemen. 

DHS has reviewed conditions in Yemen 

and determined that making 

employment authorization available for 

eligible nonimmigrant students is 

warranted. This notice will enable 

Yemeni F–1 nonimmigrant students to 

request employment authorization, 

carry a reduced course load, and 

increase the number of authorized hours 

for employment. 

The civil war in Yemen has entered 

its eighth year, killing an estimated 

233,000 individuals.3 The United 

Nations High Commissioner for 

Refugees (UNHCR) has recorded 69,160 

Yemeni refugees and asylum-seekers in 

neighboring countries.4 Over 4 million 

people have been internally displaced 

within Yemen, and 166,000 of those 


jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 86, No. 129 / Friday, July 9, 2021 / Notices 36289 

5UNHCR Operational Update: Yemen, April 15, 

2021 available at https://reporting.unhcr.org/sites/ 

default/files/UNHCR%20Yemen%20Operational

%20Update%20-%2015%20April%202021.pdf 

[last visited May 2021]. 

6The United Nations, The United Nations in 

Yemen available at https://yemen.un.org/en/about/ 

about-the-un, [last visited May 2021]. 

7UNICEF Yemen, Water, Sanitation, Hygiene, 

available at https://www.unicef.org/yemen/watersanitation-and-hygiene [last visited May 2021]. 

8Undergraduate F–1 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). 

9 DHS also considers students who engage in 

online coursework pursuant to ICE coronavirus 

disease 2019 (COVID–19) guidance for 

nonimmigrant students to be in compliance with 

regulations while such guidance remains in effect. 

See ICE Guidance and Frequently Asked Questions 

on COVID–19, available at https://www.ice.gov/ 

coronavirus [last visited May 2021]. 

10Undergraduate 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). 

were displaced in 2020.5 Even if a 

political resolution to the conflict is 

reached, Yemen will be faced with 

tremendous reconstruction needs. 

Yemen’s civil war has caused a wide 

range of emergencies, including: 

Economic contraction, deepening 

poverty, high levels of food insecurity, 

a severely weakened medical system, 

the reappearance or increased incidence 

of certain communicable diseases, a 

collapse in basic services such as water, 

electricity, and fuel shortages, and 

institutional and political tensions. 

Additionally, the impact of the COVID– 

19 pandemic further devastated what 

remained of Yemen’s healthcare 

infrastructure after years of protracted 

conflict. There are 24.1 million people 

(approximately 80% of the population) 

in need of humanitarian assistance as a 

result of civil war and conflict in 

Yemen.6 The United Nations 

International Children’s Emergency 

Fund (UNICEF) estimates that 18 

million people in Yemen 

(approximately 59% of the population) 

do not currently have access to clean 

water and sanitation.7

As of May 23, 2021, 309 F–1 

nonimmigrant students whose country 

of citizenship is Yemen were physically 

present the United States and enrolled 

in SEVP-certified academic institutions. 

Given the extent of the crisis in Yemen, 

affected F–1 nonimmigrant students 

whose primary means of financial 

support comes from Yemen may need to 

be exempt from the normal student 

employment requirements to continue 

studying in the United States. The 

current crisis has created financial 

barriers for F–1 nonimmigrant students 

to support themselves and return to 

Yemen 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 set forth in this notice? 

Undergraduate F–1 nonimmigrant 

students who receive on-campus or offcampus employment authorization 

under this notice must remain registered 

for a minimum of six semester or 

quarter hours of instruction per 

academic term.8 A graduate-level F–1 

nonimmigrant student who receives oncampus 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). 

In addition, an F–1 nonimmigrant 

student (either undergraduate or 

graduate) granted on campus or offcampus 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 the course of 

study is in a language study 

program.9 See 8 CFR 214.2(f)(6)(i)(G). An 

F–1 nonimmigrant student who attends 

an approved private school in grades 

kindergarten through grade 12 or public 

school in grades 9 through 12, must 

maintain ‘‘class attendance for no 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). 

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. A Yemeni F–1 nonimmigrant 

student who already has on-campus or 

off-campus employment authorization 

and is otherwise eligible may benefit 

under this notice, which suspends 

regulatory requirements relating to the 

minimum course load requirement 

under 8 CFR 214.2(f)(6)(i)(A) and (B) 

and the employment eligibility 

requirements under 8 CFR 214.2(f)(9) as 

specified in this notice. 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 the 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 ‘‘offcampus,’’ 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 offcampus employment), or the end date of this 

notice, whichever comes first]. 

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’’ 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.10 See 8 CFR 214.2(f)(5)(v) and 

(f)(6)(i)(F). DHS will not require such 

students to apply for reinstatement 

under 8 CFR 214.2(f)(16) if otherwise 

maintaining F–1 nonimmigrant student 

status. 

Will an F–2 dependent (spouse or 

minor child) of an F–1 nonimmigrant 

student covered by this notice be 

eligible to apply for employment 

authorization? 

No. An F–2 spouse or minor child of 

an F–1 nonimmigrant student cannot be 

authorized to work in the United States 

and, therefore, may not accept 

employment under the F–2 

nonimmigrant status. See 8 CFR 

214.2(f)(15)(i). 


jbell on DSKJLSW7X2PROD with NOTICES
36290 Federal Register / Vol. 86, No. 129 / Friday, July 9, 2021 / Notices 

11Minimum 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. 

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 in the United 

States after September 4, 2021? 

No. The suspension of the 

applicability of the standard regulatory 

requirements only applies to those F–1 

nonimmigrant students who meet the 

following conditions: 

(1) Are citizens of Yemen, regardless 

of country of birth; 

(2) Are lawfully present in the United 

States in F–1 nonimmigrant status on 

September 4, 2021, 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 for F–1 nonimmigrant 

students; 

(4) Are currently maintaining F–1 

nonimmigrant status; and 

(5) Are experiencing severe economic 

hardship as a direct result of the current 

crisis in Yemen. 

An F–1 nonimmigrant student who 

does not meet all of these requirements 

is ineligible for the suspension of the 

applicability of the standard regulatory 

requirements (even if experiencing 

severe economic hardship as a direct 

result of the current crisis in Yemen). 

Does this notice apply to a continuing 

F–1 nonimmigrant student who departs 

the United States after September 4, 

2021 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 a 

nonimmigrant student, but only if the 

DSO has properly notated the 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 enrolled in 

kindergarten through grade 12 at a 

private school or grades 9 through 12 at 

a public school. Such Yemeni 

nonimmigrant students must maintain 

the minimum number of hours of class 

attendance per week prescribed by the 

academic institution for normal progress 

toward graduation. See 8 CFR 

214.2(f)(6)(i)(E). The suspension of 

certain regulatory requirements related 

to employment through this notice is 

applicable to all eligible F–1 

nonimmigrant students regardless of 

educational level. Thus, eligible F–1 

nonimmigrant students from Yemen 

enrolled in an elementary school, 

middle school, or high school do benefit 

from the suspension of the requirement 

in 8 CFR 214.2(f)(9)(i) that limits oncampus employment to 20 hours per 

week while school is in session. 

Nothing in this notice affects the 

applicability of federal and state labor 

laws limiting the employment of 

minors. 

On-Campus Employment Authorization 

Will an F–1 nonimmigrant student who 

receives on-campus employment 

authorization under this notice have 

authorization 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 

student’s on-campus employment to 20 

hours per week while school is in 

session. An eligible 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 SEVIS student record, which will 

appear 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 the notice or the beginning 

date of the students employment, whichever 

date is later] until [DSO must insert the 

student’s program end date or the end date 

of the notice, whichever date comes first]. 

To obtain on-campus employment 

authorization, the F–1 nonimmigrant 

student must demonstrate to the DSO 

that the employment is necessary to 

avoid severe economic hardship directly 

resulting from the current crisis in 

Yemen. A nonimmigrant student 

authorized by the DSO to engage in oncampus employment by means of this 

notice does not need to file any 

applications with U.S. Citizenship and 

Immigration Services (USCIS). The 

standard rules permitting full-time 

employment on-campus when school is 

not in session or during school 

vacations apply. See 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 student status? 

Yes. DHS will deem an F–1 

nonimmigrant student who receives oncampus employment authorization 

under this notice to be engaged in a 

‘‘full course of study’’ for the purpose of 

maintaining F–1 student status for the 

duration of the on-campus employment, 

if the student satisfies the minimum 

course load requirement described in 

this notice. See 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 student to take a 

reduced course load if the reduction 

would not meet the school’s minimum 

course load requirement for continued 

enrollment.11

Off-Campus Employment Authorization 

What regulatory requirements does this 

notice temporarily suspend relating to 

off-campus employment? 

For an F–1 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 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. 


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Federal Register / Vol. 86, No. 129 / Friday, July 9, 2021 / Notices 36291 

12Minimum 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. 13See 8 CFR 214.2(f)(6). 

14 DHS Study in the States, Special Student Relief 

available at https://studyinthestates.dhs.gov/ 

students/special-student-relief [last visited May 

2021]. 

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 offcampus employment authorization by 

means of this notice to be engaged in a 

‘‘full course of study’’ for the purpose of 

maintaining F–1 nonimmigrant student 

status for the duration of the students’ 

employment authorization if the student 

satisfies the minimum course load 

requirement described in this notice. 

See 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 student status. 

Nothing in this notice mandates that 

school officials allow an F–1 

nonimmigrant student to take a reduced 

course load if such a reduced course 

load would not meet the school’s 

minimum course load requirement.12

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 the severe 

economic hardship directly resulting 

from the crisis in Yemen. Filing 

instructions are at http://www.uscis.gov/ 

i-765. 

Fee considerations. Submission of a 

Form I–765 currently requires payment 

of a $410 fee. An applicant who is 

unable to pay the fee may submit a 

completed Form I–912, Request for Fee 

Waiver, along with the Form I–765 

Application for Employment 

Authorization. See www.uscis.gov/ 

feewaiver. The submission must include 

an explanation of why USCIS should 

grant the fee waiver and the reason(s) 

for the inability to pay, and any 

evidence to support the reason(s). See 8 

CFR 103.7(c). 

Supporting documentation. An F–1 

nonimmigrant student seeking offcampus employment authorization due 

to severe economic hardship must 

demonstrate the following to the DSO: 

(1) This employment is necessary to 

avoid severe economic hardship; and 

(2) The hardship is a direct result of 

the current crisis in Yemen. 

If the DSO agrees that the F–1 

nonimmigrant student should 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 student’s 

program end date or the end date of the 

notice, whichever date comes first]. 

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 a nonimmigrant 

student be approved for Special Student 

Relief, the DSO certifies the following: 

(a) The F–1 nonimmigrant student is 

in good academic standing and carrying 

a ‘‘full course of study’’ 13 at the time of 

the request for employment 

authorization; 

(b) The F–1 nonimmigrant student is 

a citizen of Yemen and is experiencing 

severe economic hardship as a direct 

result of the current crisis in Yemen, 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 8 CFR 214.2(f)(5)(v) 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 at the 

graduate level; and 

(d) The off-campus employment is 

necessary to alleviate severe economic 

hardship to the individual as a direct 

result of the current humanitarian crisis 

in Yemen. 

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 all of the following 

documents: 

(1) A completed Form I–765; 

(2) The required fee or properly 

documented fee waiver request as 

defined in 8 CFR 103.7(c); and 

(3) A signed and dated copy of the 

student’s Form I–20 with the 

appropriate DSO recommendation, as 

previously described in this notice; and 

(b) Send the application in an 

envelope that is clearly marked on the 

front of the envelope, bottom right-hand 

side, with the phrase ‘‘SPECIAL 

STUDENT RELIEF.’’ Failure to include 

this notation may result in significant 

processing delays. 

If USCIS approves the student’s Form 

I–765, USCIS will send the student an 

EAD as evidence of employment 

authorization. The EAD will contain an 

expiration date that does not exceed the 

end of the granted temporary relief. 

Temporary Protected Status (TPS) 

Considerations 

Can an F–1 nonimmigrant student 

apply for TPS and for benefits under 

this notice at the same time? 

Yes. An F–1 nonimmigrant student 

who has not yet applied for TPS or other 

relief that reduce the student’s course 

load per term and permits an increase 

number of work hours per week, such 

as the Special Student Relief,14 under 

this notice has two options. 

Under the first option, the 

nonimmigrant student may file the TPS 

application according to the instructions 

in the Federal Register Notice 

designating Yemen for TPS. All TPS 

applicants must file a Form I–821, 

Application for Temporary Protected 

Status. Although not required to do so, 

if an F–1 nonimmigrant student wants 

to obtain an EAD based on the student’s 

TPS application valid until March 3, 

2023, and to be eligible for EAD 

extensions that may be available to 

EADs with an A–12 or C–19 category 

code, the student must file Form I–765 

and pay the Form I–765 fee (or submit 

a Form I–912, Request for a Fee Waiver). 

After receiving the TPS-related EAD, an 

F–1 nonimmigrant student may request 

that the student’s DSO make the 

required entry in SEVIS, issue an 

updated Form I–20, as described in this 

notice, and notate that the 

nonimmigrant student has been 

authorized to carry a reduced course 

load and is working pursuant to a TPSrelated EAD. So long as the 

nonimmigrant student maintains the 

minimum course load described in this 

notice, does not otherwise violate the 

student’s nonimmigrant status, 


jbell on DSKJLSW7X2PROD with NOTICES
36292 Federal Register / Vol. 86, No. 129 / Friday, July 9, 2021 / Notices 

15See 8 CFR 214.2(f)(6). 

16Because 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 March 3, 2023, provided the 

student satisfies the minimum course load 

requirement in this notice. DHS also considers 

students who engage in online coursework pursuant 

to ICE coronavirus disease 2019 (COVID–19) 

guidance for nonimmigrant students to be in 

compliance with regulations while such guidance 

remains in effect. See ICE Guidance and Frequently 

Asked Questions on COVID–19, available at https:// 

www.ice.gov/coronavirus [last visited May 2021]. 

including as provided under 8 CFR 

214.1(g), and maintains the student’s 

TPS, then the student maintains F–1 

status and TPS concurrently. 

Under the second option, the 

nonimmigrant student may apply for an 

EAD under Special Student Relief by 

filing the Form I–765 with the location 

specified in the filing instructions. At 

the same time, the F–1 nonimmigrant 

student may file a separate TPS 

application, but must submit the TPS 

application according to the instructions 

provided in the Federal Register Notice 

designating Yemen for TPS. If the 

nonimmigrant student has already 

applied for employment authorization 

under 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 EAD in light of certain 

extensions that may be available to 

EADs with an A–12 or C–19 category 

code. The nonimmigrant student should 

check the appropriate box when filling 

out Form I–821 to request a TPS-related 

EAD. Again, the nonimmigrant student 

will be able to maintain compliance 

requirements for F–1 nonimmigrant 

student status while having TPS. 

When a student applies simultaneously 

for TPS status 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’’ 15 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 

language students). Once approved for 

Special Student Relief employment 

authorization, the F–1 nonimmigrant 

student may drop below twelve credit 

hours, or otherwise applicable 

minimum requirements (with a 

minimum of six semester or quarter 

hours of instruction per academic term 

if the student is at the undergraduate 

level, or a minimum of three semester 

or quarter hours of instruction per 

academic term if the student is at the 

graduate level). See 8 CFR 214.2(f)(5)(v), 

214.2(f)(6), 214.2(f)(9)(i) and (ii). 

How does a student who has received 

a TPS-related employment 

authorization document then apply for 

authorization to take a reduced course 

load under this notice? 

There is no further application 

process if a student has been approved 

for a TPS-related EAD. However,the F– 

1 nonimmigrant student must 

demonstrate and provide 

documentation to the DSO of the direct 

economic hardship resulting from the 

civil unrest in Yemen. The DSO will 

then verify and note this in the student’s 

SEVIS record to enable the F–1 

nonimmigrant student with TPS to 

reduce their 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 to F–1 

student status after his or her F–1 status 

has lapsed? 

Yes. Current regulations permit 

certain students who fall out of F–1 

nonimmigrant student status to apply 

for reinstatement. See 8 CFR 

214.2(f)(16). This provision might apply 

to a student who worked on a TPSrelated EAD or dropped their course 

load before publication of this notice, 

and therefore fell out of student status. 

The student must satisfy the criteria set 

forth in the student status reinstatement 

regulations. 

How long will this notice remain in 

effect? 

This notice grants temporary relief 

until March 3, 2023,16 to eligible F–1 

nonimmigrant students. DHS will 

continue to monitor the situation in 

Yemen. Should the special provisions 

authorized by this notice need 

modification or extension, DHS will 

announce such changes in the Federal 

Register. 

Paperwork Reduction Act (PRA) 

An F–1 nonimmigrant student seeking 

off-campus employment authorization 

due to severe economic hardship 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 eligible F–1 

nonimmigrant students to request 

employment authorization, work an 

increased number of hours while the 

academic institution is in session, and 

reduce the student’s course load while 

continuing to maintain F–1 

nonimmigrant student status. 

To apply for employment 

authorization, certain F–1 

nonimmigrant students must complete 

and submit a currently approved Form 

I–765 according to the instructions on 

the form. OMB has previously approved 

the collection of information contained 

on the current Form I–765, consistent 

with the PRA (OMB Control No. 1615– 

0040). Although there will be a slight 

increase in the number of Form I–765 

filings because of this notice, the 

number of filings currently contained in 

the OMB annual inventory for Form I– 

765 is sufficient to cover the additional 

filings. Accordingly, there is no further 

action required under the PRA. 

Alejandro N. Mayorkas, 

Secretary, U.S. Department of Homeland 

Security. 

[FR Doc. 2021–14676 Filed 7–7–21; 4:15 pm] 

BILLING CODE 9111–28–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Immigration and Customs 

Enforcement 

[OMB Control Number 1653–NEW] 

Agency Information Collection 

Activities: New Collection: Flight 

Manifest/Billing Agreement 

AGENCY: U.S. Immigration and Customs 

Enforcement, Department of Homeland 

Security. 

ACTION: 30-Day notice. 

SUMMARY: In accordance with the 

Paperwork Reductions Act (PRA) of 


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