Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Notices 38739 

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 

Continued 

assistance to the extent allowable under the 

Stafford Act. 

The Federal Emergency Management 

Agency (FEMA) hereby gives notice that 

pursuant to the authority vested in the 

Administrator, Department of Homeland 

Security, under Executive Order 12148, 

as amended, Thomas J. McCool, of 

FEMA is appointed to act as the Federal 

Coordinating Officer for this declared 

emergency. 

The following areas of the State of 

Florida have been designated as 

adversely affected by this declared 

emergency: 

The Individuals and Households Program 

under Section 408 of the Stafford Act and 

assistance for debris removal and emergency 

protective measures (Categories A and B), 

including direct federal assistance, under the 

Public Assistance program for Miami-Dade 

County. 

The following Catalog of Federal Domestic 

Assistance Numbers (CFDA) are to be used 

for reporting and drawing funds: 97.030, 

Community Disaster Loans; 97.031, Cora 

Brown Fund; 97.032, Crisis Counseling; 

97.033, Disaster Legal Services; 97.034, 

Disaster Unemployment Assistance (DUA); 

97.046, Fire Management Assistance Grant; 

97.048, Disaster Housing Assistance to 

Individuals and Households In Presidentially 

Declared Disaster Areas; 97.049, 

Presidentially Declared Disaster Assistance— 

Disaster Housing Operations for Individuals 

and Households; 97.050, Presidentially 

Declared Disaster Assistance to Individuals 

and Households—Other Needs; 97.036, 

Disaster Grants—Public Assistance 

(Presidentially Declared Disasters); 97.039, 

Hazard Mitigation Grant. 

Deanne Criswell, 

Administrator, Federal Emergency 

Management Agency. 

[FR Doc. 2021–15616 Filed 7–21–21; 8:45 am] 

BILLING CODE 9111–23–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

[Internal Agency Docket No. FEMA–4583– 

DR; Docket ID FEMA–2021–0001] 

Maryland; Amendment No. 1 to Notice 

of a Major Disaster Declaration 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Notice. 

SUMMARY: This notice amends the notice 

of a major disaster declaration for the 

State of Maryland (FEMA–4583–DR), 

dated February 4, 2021, and related 

determinations. 

DATES: This change occurred on June 1, 

2021. 

FOR FURTHER INFORMATION CONTACT: 

Dean Webster, Office of Response and 

Recovery, Federal Emergency 

Management Agency, 500 C Street SW, 

Washington, DC 20472, (202) 646–2833. 

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

(FEMA) hereby gives notice that 

pursuant to the authority vested in the 

Administrator, under Executive Order 

12148, as amended, Timothy S. Pheil, of 

FEMA is appointed to act as the Federal 

Coordinating Officer for this disaster. 

This action terminates the 

appointment of E. Craig Levy, Sr., as 

Federal Coordinating Officer for this 

disaster. 

The following Catalog of Federal Domestic 

Assistance Numbers (CFDA) are to be used 

for reporting and drawing funds: 97.030, 

Community Disaster Loans; 97.031, Cora 

Brown Fund; 97.032, Crisis Counseling; 

97.033, Disaster Legal Services; 97.034, 

Disaster Unemployment Assistance (DUA); 

97.046, Fire Management Assistance Grant; 

97.048, Disaster Housing Assistance to 

Individuals and Households In Presidentially 

Declared Disaster Areas; 97.049, 

Presidentially Declared Disaster Assistance— 

Disaster Housing Operations for Individuals 

and Households; 97.050, Presidentially 

Declared Disaster Assistance to Individuals 

and Households—Other Needs; 97.036, 

Disaster Grants—Public Assistance 

(Presidentially Declared Disasters); 97.039, 

Hazard Mitigation Grant. 

Deanne Criswell, 

Administrator, Federal Emergency 

Management Agency. 

[FR Doc. 2021–15631 Filed 7–21–21; 8:45 am] 

BILLING CODE 9111–23–P 

DEPARTMENT OF HOMELAND 

SECURITY 

[Docket No. ICEB–2021–0006] 

RIN 1653–ZA21 

Employment Authorization for Somali 

F–1 Nonimmigrant Students 

Experiencing Severe Economic 

Hardship as a Direct Result of the 

Current Crisis in Somalia 

AGENCY: U.S. Immigration and Customs 

Enforcement (ICE); Department of 

Homeland Security (DHS). 

SUMMARY: This notice announces that 

the Secretary of Homeland Security 

(Secretary) has suspended certain 

regulatory requirements for F–1 

nonimmigrant students whose country 

of citizenship is Somalia (regardless of 

country of birth) and who are 

experiencing severe economic hardship 

as a direct result of the current crisis in 

Somalia. The Secretary is taking action 

to provide relief to Somali citizens 

(regardless of country of birth) who are 

lawful F–1 nonimmigrant students so 

that 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 takes effect on 

September 18, 2021 and will remain in 

effect through March 17, 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 the 

authority under 8 CFR 214.2(f)(9) to 

temporarily suspend the applicability of 

certain requirements governing oncampus and off-campus employment for 

F–1 nonimmigrant students whose 

country of citizenship is Somalia 

(regardless of country of birth), who are 

present in the United States in lawful F– 

1 nonimmigrant student status as of 

September 18, 2021, and who are 

experiencing severe economic hardship 

as a direct result of the ongoing crisis in 

Somalia. Effective with this publication, 

suspension of the employment 

limitations is available through March 

17, 2023 for those who are in lawful F– 

1 nonimmigrant status as of September 

18, 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 

student satisfies the minimum course 

load set forth in this notice.1 See 8 CFR 

214.2(f)(6)(i)(F). 


lotter on DSK11XQN23PROD with NOTICES1
38740 Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Notices 

end of any academic term for which such student 

is matriculated as of March 17, 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]. 

2See Designation of Nationals of Somalia for 

Temporary Protected Status, 56 FR 46804 (Sept. 16, 

1991) and Extension and Redesignation of Somalia 

for Temporary Protected Status, 77 FR 25723 (May 

1, 2012). 

3United Nations High Commissioner for Refugees 

(UNHCR) Somalia available at https://

www.unhcr.org/en-us/somalia.html [last visited 

May 2021]. 4UN High Commissioner for Refugees (UNHCR), 

Somalia: UNHCR Submission for the Universal 

Periodic Review—Somalia—UPR 38th Session 

(2021), October 2020, available at: https://

www.refworld.org/docid/60760b4e4.html [last 

visited May 2021]. 5UN Office for the Coordination of Humanitarian 

Affairs, 2021 Somalia Humanitarian Needs 

Overview—Somalia ReliefWeb available at https:// 

reliefweb.int/report/somalia/2021-somaliahumanitarian-needs-overview [last visited May 

2021]. 6UN High Commissioner for Refugees (UNHCR), 

Somalia: UNHCR Submission for the Universal 

Periodic Review—Somalia—UPR 38th Session 

(2021), October 2020, available at: https://

www.refworld.org/docid/60760b4e4.html [last 

visited May 2021]. 7Human Rights Watch World Report 2020 

available at https://www.hrw.org/world-report/ 

2020/country-chapters/somalia# [last visited May 

2021]. 

8 Id. 

9United Nations Office for the Coordination of 

Humanitarian Affairs (OCHA), 2021 Somalia 

Humanitarian Needs Overview—Somalia ReliefWeb 

available at https://reliefweb.int/report/somalia/ 

2021-somalia-humanitarian-needs-overview [last 

visited May 2021]. 

10UN OCHA Somalia Humanitarian Bulletin, 

April 2021 available at https://reliefweb.int/report/ 

somalia/somalia-humanitarian-bulletin-april-2021 

[last visited May 2021]. 

11Undergraduate 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). 

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 Somalia, regardless 

of country of birth; 

(2) Are lawfully present in the United 

States in an F–1 nonimmigrant status on 

September 18, 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 maintaining F–1 

nonimmigrant status; and 

(5) Are experiencing severe economic 

hardship as a direct result of the current 

crisis in Somalia. 

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 institutions remains 

eligible for the relief provided by means 

of this notice. 

Why is DHS taking this action? 

DHS initially designated Somalia for 

Temporary Protected Status (TPS) on 

September 16, 1991 and since has 

extended and issued new designations 

based on extraordinary and temporary 

conditions that prevented Somalian 

nationals from safely returning, as well 

as, since 2012, ongoing armed conflict.2

As a result of the ongoing armed conflict 

and extraordinary and temporary 

conditions, including a humanitarian 

crisis in Somalia, the Secretary is 

redesignating Somalia for TPS for 18 

months, effective September 18, 2021. 

DHS has reviewed conditions in 

Somalia and determined that making 

employment authorization available for 

eligible F–1 nonimmigrant students is 

warranted due to conditions of wide 

ranging emergencies, such as political 

and civil unrest, terrorist attack, 

drought, floods, locust infestation, and 

lack of humanitarian aid, among other 

factors. 

Consistent with the Secretary’s 

redesignation of Somalia for TPS, this 

notice provides relief to Somali F–1 

nonimmigrant students (regardless of 

country of birth) experiencing severe 

economic hardship as a direct result of 

the ongoing crisis in Somalia. These 

nonimmigrant 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. 

The armed conflict in Somalia, 

compounded by drought and other 

natural hazards, challenges the 

resilience and the coping mechanisms 

of Somalia’s most vulnerable citizens.3

Somalia has consistently had a very 

large internally displaced population 

(IDP), reaching 884,000 in 2018, 770,000 

in 2019, and 1.2 million in 2020.4 As of 

April 2021, the United Nations High 

Commissioner for Refugees (UNHCR) 

reported Somalia has 2.95 million IDPs, 

of which 2.2 million live in highly 

congested urban and semi-urban 

settlements, and all of whom continue 

to face serious risks of marginalization, 

forced eviction, and exclusion.5 Internal 

displacement remains largely driven by 

internal conflict, including Interclan 

conflicts, and terrorist threats, and is 

worsened by floods, drought, and 

periodic cyclones.6 Providing 

humanitarian aid and assistance, 

including in response to high levels of 

acute food insecurity, is difficult, 

limited, and constrained due to lack of 

security, attacks on aid workers, 

generalized violence, and restrictions 

imposed by parties to the conflict.7 AlShabaab, a terrorist, jihadist 

fundamentalist group based in East 

Africa and Yemen, continues to prohibit 

many nongovernmental organizations 

and all United Nations agencies from 

working in areas under its control, 

blockading some government-controlled 

towns.8 The number of people in need 

of humanitarian aid has consistently 

increased over the last three years, from 

4.2 million in 2019 to 5.2 million in 

2020.9 In 2021, the United Nations 

Office for the Coordination of 

Humanitarian Affairs (OCHA) reported 

5.9 million people in Somalia require 

immediate humanitarian assistance due 

to the combined impact of conflict, 

unpredictable climatic shocks (e.g., due 

to drought and flooding), the COVID–19 

pandemic, and others problems, such as 

desert locust infestation causing crop 

damage.10

As of May 23, 2021, 76 F–1 

nonimmigrant students whose country 

of citizenship is Somalia were 

physically present in the United States 

and enrolled in SEVP-certified academic 

institutions. Given the extent of the 

crisis in Somalia, affected F–1 

nonimmigrant students whose primary 

means of financial support comes from 

Somalia, may need to be exempt from 

the normal student employment 

requirements to continue their studies 

in the United States. The crisis has 

created financial barriers for F–1 

nonimmigrant students to be able to 

support themselves and return to 

Somalia 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.11 A graduate level F–1 

nonimmigrant student who receives oncampus or off-campus employment 

authorization under this notice must 


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Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Notices 38741 

12 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]. 

13See 8 CFR 214.2(f)(6)(F). 

14Undergraduate 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). 

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.12 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 high 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). Nothing in this notice 

affects the applicability of federal and 

state labor laws limiting the 

employment of minors. 

May an eligible F–1 nonimmigrant 

student who already has on-campus or 

off-campus employment authorization 

benefit from the suspension of 

regulatory requirements under this 

notice? 

Yes. An F–1 nonimmigrant student 

who already has on-campus or offcampus employment authorization and 

is otherwise eligible may benefit under 

this notice, which suspends certain 

regulatory requirements relating to the 

minimum course load requirement 

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

and certain employment eligibility 

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

Such an eligible F–1 nonimmigrant 

student may benefit without having to 

apply for a new Form I–766, 

Employment Authorization Document 

(EAD). To benefit from this notice, the 

F–1 nonimmigrant student must request 

that 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 so 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’’ 13 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.14 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 they are 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 is not 

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). 

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 the effective date of this 

notice in the Federal Register? 

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 Somalia, regardless 

of country of birth; 

(2) Are lawfully present in the United 

States in F–1 nonimmigrant status on 

September 18, 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 maintaining F–1 

nonimmigrant status; and 

(5) Are experiencing severe economic 

hardship as a direct result of the current 

crisis in Somalia. 

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 Somalia). 

Does this notice apply to a continuing 

F–1 nonimmigrant student who departs 

the United States after the effective date 

of this notice in the Federal Register, 

September 18, 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 student’s 

SEVIS record, which will then appear 

on the student’s Form I–20. The normal 

rules for visa issuance remain 

applicable to a nonimmigrant who 

needs to apply for a new F–1 visa to 

continue an educational program in the 

United States. 

Does this notice apply to elementary 

school, middle school, and high school 

students in F–1 status? 

Yes. However, this notice does not by 

itself reduce the required course load for 

F–1 nonimmigrant students enrolled in 

private kindergarten through grade 12, 

or public high school grades 9 through 

12. Such Somali 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 


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

16Minimum 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. 

17See 8 CFR 214.2(f)(6)(F). 

18Minimum 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. 

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 Somalia 

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 

nonimmigrant 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 

Somalia. 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 USCIS. The standard 

rules that permit 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’’ 15 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.16

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 status for one 

full academic year in order 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. 

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’’ 17 for purposes of 

maintaining F–1 nonimmigrant student 

status for the duration of the student’s 

employment authorization if the student 

satisfies the minimum course load 

requirement described in this notice. 

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 status. Nothing 

in this notice mandates that school 

officials allow an F–1 nonimmigrant 

student to take a reduced course load if 

such reduced course load would not 

meet the school’s minimum course load 

requirement.18

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 Somalia. 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. 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 Somalia. 


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Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Notices 38743 

19See 8 CFR 214.2(f)(6). 

20 DHS Study in the States, Special Student Relief 

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

students/special-student-relief [last visited May 

2021]. 21See 8 CFR 214.2(f)(6). 

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 program end 

date or the end date of this 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 is 

carrying a ‘‘full course of study’’ 19 at the 

time of the request for employment 

authorization; 

(b) The F–1 nonimmigrant student is 

a citizen of Somalia (regardless of 

country of birth) and is experiencing 

severe economic hardship as a direct 

result of the current crisis in Somalia, 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 the 

student is 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 crisis in Somalia. 

Application filing. 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 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, Form I– 

912; 

(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 

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 reduces the student’s course 

load per term and permits an increase 

number of work hours per week, such 

as the Special Student Relief,20 under 

this notice has two options. 

Under the first option, the student 

may file the TPS application according 

to the instructions in the Federal 

Register notice designating Somalia 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 valid 

through March 17, 2023 based on their 

TPS application, 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 and pay the 

Form I–821 fee (or 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, 

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 Somalia for TPS. If the F– 

1 nonimmigrant student has already 

applied for employment authorization 

under Special Student Relief, they are 

not required to submit the Form I–765 

as part of the TPS application. However, 

some nonimmigrant students may wish 

to obtain a TPS-related EAD in light of 

certain extensions that may be available 

to EADs with an A–12 or C–19 category 

code. See 8 CFR 274a.12(a)(12) and 

(c)(19). The nonimmigrant student 

should check the appropriate box when 

filling out Form I–821 to request a TPSrelated EAD. Again, so long as the 

nonimmigrant student maintains the 

minimum course load described in this 

notice and does not otherwise violate 

the student’s nonimmigrant status, 

including as provided under 8 CFR 

214.1(g), the nonimmigrant will be able 

to maintain compliance requirements 

for F–1 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’’ 21 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 

credit hours of instruction per academic 

term if at the undergraduate level, or for 

a minimum of three semester or quarter 

credit hours of instruction per academic 

term if at the graduate level). See 8 CFR 


lotter on DSK11XQN23PROD with NOTICES1
38744 Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Notices 

22Because 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 17, 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]. 

214.2(f)(5)(v), 214.2(f)(6), 214.2(f)(9)(i) 

and (ii). 

How does an F–1 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 with USCIS 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 

crisis in Somalia. The DSO will then 

verify and update the student’s record 

in SEVIS 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 student 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 

student status to apply for 

reinstatement. See 8 CFR 214.2(f)(16). 

This provision might apply to a student 

who worked on a TPS-related 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 

F–1 student status reinstatement 

regulations. 

How long will this notice remain in 

effect? 

This notice grants temporary relief 

through March 17, 2023 22 to eligible F– 

1 nonimmigrant students. DHS will 

continue to monitor the situation in 

Somalia. 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 their course load while 

continuing to maintain F–1 

nonimmigrant student status. 

To apply for employment 

authorization, certain F–1 

nonimmigrant students must complete 

and submit a currently approved Form 

I–765 according to the instructions on 

the form. OMB has previously approved 

the collection of information contained 

on the current Form I–765, consistent 

with the PRA (OMB Control 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. 2021–15605 Filed 7–21–21; 8:45 am] 

BILLING CODE 9111–28–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Citizenship and Immigration 

Services 

[CIS No. 2698–21; DHS Docket No. USCIS– 

2013–0006] 

RIN 1615–ZB77 

Extension and Redesignation of 

Somalia for Temporary Protected 

Status 

AGENCY: U.S. Citizenship and 

Immigration Services, Department of 

Homeland Security. 

ACTION: Notice of temporary protected 

status extension and redesignation. 

SUMMARY: Through this notice, the 

Department of Homeland Security 

(DHS) announces that the Secretary of 

Homeland Security (Secretary) is 

extending the designation of Somalia for 

Temporary Protected Status (TPS) for 18 

months, from September 18, 2021, 

through March 17, 2023, and 

redesignating Somalia for 18 months, 

effective September 18, 2021 through 

March 17, 2023. The extension allows 

currently eligible TPS beneficiaries to 

retain TPS through March 17, 2023, so 

long as they otherwise continue to meet 

the eligibility requirements for TPS. The 

redesignation of Somalia allows 

additional individuals who have been 

continuously residing in the United 

States since July 19, 2021 to obtain TPS, 

if otherwise eligible. 

DATES: Extension of Designation of 

Somalia for TPS: The 18-month 

extension of the TPS designation of 

Somalia is effective September 18, 2021, 

and will remain in effect through March 

17, 2023. The 60-day re-registration 

period for existing beneficiaries runs 

from July 22, 2021 through September 

20, 2021. (Note: It is important for reregistrants to timely re-register during 

this 60-day period and not to wait until 

their EADs expire.) 

Redesignation of Somalia for TPS: 

The 18-month redesignation of Somalia 

for TPS is effective September 18, 2021, 

and will remain in effect through March 

17, 2023. The initial registration period 

for new applicants under the Somalia 

TPS redesignation begins on July 22, 

2021 and will remain in effect through 

March 17, 2023. For more information, 

see SUPPLEMENTARY INFORMATION. 

FOR FURTHER INFORMATION CONTACT: You 

may contact Andria Strano, Acting 

Chief, Humanitarian Affairs Division, 

Office of Policy and Strategy, U.S. 

Citizenship and Immigration Services, 

U.S. Department of Homeland Security, 

by mail at 5900 Capital Gateway Drive, 


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