Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Notices 41857 

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 

engaged 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 February 3, 2023, 

provided the student satisfies the minimum course 

load requirements 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 

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

coronavirus [last visited May 2021]. 

Estimated Total Annual Cost to the 

Federal Government: $71,930. 

Comments 

Comments may be submitted as 

indicated in the ADDRESSES caption 

above. Comments are solicited to (a) 

evaluate whether the proposed data 

collection is necessary for the proper 

performance of the agency, including 

whether the information shall have 

practical utility; (b) evaluate the 

accuracy of the agency’s estimate of the 

burden of the proposed collection of 

information, including the validity of 

the methodology and assumptions used; 

(c) enhance the quality, utility, and 

clarity of the information to be 

collected; and (d) minimize the burden 

of the collection of information on those 

who are to respond, including through 

the use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submission of 

responses. 

Millicent L. Brown, 

Senior Manager, Records Management 

Branch, Office of the Chief Administrative 

Officer, Mission Support, Federal Emergency 

Management Agency, Department of 

Homeland Security. 

[FR Doc. 2021–16507 Filed 8–2–21; 8:45 am] 

BILLING CODE 9111–52–P 

DEPARTMENT OF HOMELAND 

SECURITY 

[DHS Docket No. ICEB–2021–0008] 

RIN 1653–ZA20 

Employment Authorization for Haitian 

F–1 Nonimmigrant Students 

Experiencing Severe Economic 

Hardship as a Direct Result of the 

Current Crisis in Haiti 

AGENCY: U.S. Immigration and Customs 

Enforcement (ICE), DHS. 

ACTION: Notice. 

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 Haiti (regardless of 

country of birth) and who are 

experiencing severe economic hardship 

as a direct result of the current crisis in 

Haiti. The Secretary is taking action to 

provide relief to Haitian 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 F–1 notice is effective 

August 3, 2021 through February 3, 

2023. 

FOR FURTHER INFORMATION CONTACT: 

Sharon Snyder, Unit Chief, Policy and 

Response Unit, Student and Exchange 

Visitor Program, MS 5600, U.S. 

Immigration and Customs Enforcement, 

500 12th Street SW, Washington, DC 

20536–5600; email: sevp@ice.dhs.gov, 

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

a toll-free number. Program information 

can be found at http://www.ice.gov/ 

sevis/. 

SUPPLEMENTARY INFORMATION: 

What action is the Department of 

Homeland Security (DHS) taking under 

this notice? 

The Secretary of Homeland Security 

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 

Haiti (regardless of country of birth) 

who are present in the United States in 

lawful F–1 nonimmigrant student status 

as of August 3, 2021, and who are 

experiencing severe economic hardship 

as a direct result of the current crisis in 

Haiti. DHS initially suspended certain 

regulatory requirements for F–1 

nonimmigrant students experiencing 

severe economic hardship as a direct 

result of the January 12, 2010 

earthquake in Haiti. See 75 FR 56120 

(Sep. 15, 2010). The original notice was 

effective from September 15, 2010, until 

July 22, 2011. A subsequent notice 

provided for an 18-month extension 

from July 22, 2011, through January 22, 

2013. See 76 FR 28997 (May 19, 2011). 

A third notice provided another 18- 

month extension from January 22, 2013, 

through July 22, 2014. See 77 FR 59942 

(Oct. 1, 2012). A fourth notice provided 

for another 18-month extension from 

July 22, 2014, through January 22, 2016. 

See 79 FR 11805 (Mar. 3, 2014). A fifth 

notice provided for another 18-month 

extension from January 22, 2016, 

through July 22, 2017. See 80 FR 51579 

(Aug. 25, 2015). Effective with this 

publication, suspension of the 

employment limitations is available 

through February 3, 2023, for those who 

are in lawful F–1 nonimmigrant status 

as of August 3, 2021. DHS will deem an 

F–1 nonimmigrant student granted 

employment authorization through 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). 

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 Haiti, regardless of 

country of birth; 

(2) Were lawfully present in the 

United States in an F–1 nonimmigrant 

status on August 3, 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 institution that 

is Student and Exchange Visitor 

Program (SEVP)-certified for enrollment 

of F–1 nonimmigrant students; 

(4) Are maintaining F–1 status; and 

(5) Are experiencing severe economic 

hardship as a direct result of the current 

crisis in Haiti. 

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. Nothing in this notice 

affects the applicability of federal and 

state labor laws limiting the 

employment of minors. 

Why is DHS taking this action? 

As a result of the current crisis in 

Haiti, the Secretary designated Haiti for 

Temporary Protected Status (TPS) for 18 

months, effective August 3, 2021 

through February 3, 2023, based on 

extraordinary and temporary conditions 


jbell on DSKJLSW7X2PROD with NOTICES
41858 Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Notices 

2See Extension of Employment Authorization for 

Haitian F–1 Nonimmigrant Students Experiencing 

Severe Economic Hardship as a Direct Result of the 

January 12, 2010 Earthquake in Haiti, 76 FR 28997 

(May 19, 2011); Extension of Employment 

Authorization for Haitian F–1 Nonimmigrant 

Students Experiencing Severe Economic Hardship 

as a Direct Result of the January 12, 2010 

Earthquake in Haiti, 77 FR 59942 (Oct. 1, 2012); 

Extension of Employment Authorization for Haitian 

F–1 Nonimmigrant Students Experiencing Severe 

Economic Hardship as a Direct Result of the January 

12, 2010 Earthquake in Haiti, 79 FR 11805 (Mar. 3, 

2014); Extension of Employment Authorization for 

Haitian F–1 Nonimmigrant Students Experiencing 

Severe Economic Hardship as a Direct Result of the 

January 12, 2010 Earthquake in Haiti, 80 FR 51579 

(Aug. 25, 2015). 

3Andre Paultre and Sarah Marsh ‘‘The battle for 

democracy goes on in Haiti as Moı ̈se gains power,’’ 

The Christian Science Monitor, March 30, 2021, 

available at https://www.csmonitor.com/World/ 

Americas/2021/0330/The-battle-for-democracygoes-on-in-Haiti-as-Moise-gains-power [last visited 

May 2021]. 

4 2020 Country Reports on Human Rights 

Practices: Haiti, United States Department of State, 

March 30, 2021, available at https://www.state.gov/ 

reports/2020-country-reports-on-human-rightspractices/haiti/ [last visited May 2021]. 

5Unrest in Haiti: Their Impact on Human Rights 

and the State’s Obligation to Protect all Citizens, 

United Nations Office of the High Commissioner for 

Human Rights/United National Integrated Office in 

Haiti, Jan. 18, 2021, available at https://

binuh.unmissions.org/en/unrest-haiti-their-impacthuman-rights-and-state%E2%80%99s-obligationprotect-all-citizens-0 [last visited May 2021]. 

6Security Council Presidential Statement 

Expresses Deep Concern over Multiple Crises in 

Haiti, Stressing Government’s Primary Duty to 

Tackle Instability, United Nations Security Council 

Press Release, March 24, 2021, available at https:// 

www.un.org/press/en/2021/sc14474.doc.htm [last 

visited May 2021]. 

7Haiti—Complex Emergency Fact Sheet #1, 

Fiscal Year 2021, U.S. Agency for International 

Development (USAID), Jan. 19, 2021, available at 

https://reliefweb.int/report/haiti/haiti-complexemergency-fact-sheet-1-fiscal-year-fy-2021 [last 

visited May 2021]. 

8Haiti 2020 Crime and Safety Report, Overseas 

Security Advisory Council (OSAC), U.S. 

Department of State, available at https://

www.osac.gov/Content/Report/09752c66-7cac-47f7- 

a92e-188fe7af0f75 [last visited May 2021]. 

9Haiti Travel Advisory, U.S. Department of State, 

Apr. 21, 2021, available at https://travel.state.gov/ 

content/travel/en/traveladvisories/traveladvisories/ 

haiti-travel-advisory.html [last visited May 2021]. 

10 Daily Noon Briefing Highlights, United Nations 

Office for the Coordination of Humanitarian Affairs, 

10 June 2021, available at https://www.unocha.org/ 

story/daily-noon-briefing-highlights-ethiopia-haiti. 

11See e.g., ‘‘Haiti Gang Leader Launches 

‘Revolution’ as Violence Escalates’’, U.S. News and 

World Report, June 24, 2021 and ‘‘Haiti gang leader 

threatens ‘revolution’ ’’, The New York Carib News, 

June 26, 2021. 

12Taft-Morales, Maureen, Haiti’s Political and 

Economic Conditions, Congressional Research 

Service (CRS), p.5, Mar. 5, 2020, available at 

https://crsreports.congress.gov/product/pdf/R/ 

R45034 [last visited May 2021]. 

13Haiti Overview, The World Bank, last updated 

Apr 26, 2021, available at https://

www.worldbank.org/en/country/haiti/overview [last 

visited May 2021]. 

14Taft-Morales, Maureen, Haiti’s Political and 

Economic Conditions, Congressional Research 

Service (CRS), p.5, Mar. 5, 2020, available at 

https://fas.org/sgp/crs/row/R45034.pdf [last visited 

May 2021]. 

15Personal Remittances, Received—Haiti, The 

World Bank, available at https://

data.worldbank.org/indicator/ 

BX.TRF.PWKR.DT.GD.ZS?end=2019&

locations=HT&start=1971&view=chart [last visited 

May 2021]. 

16Haiti Overview, The World Bank, last updated 

Apr 26, 2021, available at https://

www.worldbank.org/en/country/haiti/overview [last 

visited May 2021]. 

17 Inflation, Consumer Prices (Annual %)—Haiti, 

The World Bank, available at https://

data.worldbank.org/indicator/ 

FP.CPI.TOTL.ZG?locations=HT [last visited May 

2021]. 

18Taft-Morales, Maureen, Haiti’s Political and 

Economic Conditions, Congressional Research 

Service (CRS), p.5, Mar. 5, 2020, available at 

https://fas.org/sgp/crs/row/R45034.pdf [last visited 

May 2021]. 

in Haiti that prevent nationals from 

returning safely, specifically, a political 

crisis accompanied by human rights 

abuses; serious security concerns; and 

the Coronavirus 2019 (COVID–19) 

pandemic’s exacerbation of a dire 

economic situation and lack of access to 

food, water, and healthcare. Previously, 

DHS took action to provide temporary 

relief to F–1 nonimmigrant students 

whose country of citizenship is Haiti 

and who experienced severe economic 

hardship because of the January 12, 

2010 earthquake. See 75 FR 56120 (Sept. 

15, 2010). That action along with 

subsequent extension notices,2 enabled 

these F–1 nonimmigrant students to 

obtain employment authorization, work 

an increased number of hours while the 

academic institution was in session, and 

reduce their course loads, while 

continuing to maintain F–1 

nonimmigrant student status. DHS has 

reviewed conditions in Haiti and 

determined that making employment 

authorization available for eligible 

nonimmigrant students is again 

warranted due to the current crisis in 

Haiti. 

Haiti faces significant human rights 

issues stemming from presidential use 

of executive decrees for a range of 

actions to include creating an 

intelligence agency accountable only to 

the president,3 in addition to serious 

security concerns resulting from gang 

violence that is allegedly supported and 

protected by the state.4 The Human 

Rights Service of the United Nations 

Integrated Office in Haiti and the Office 

of the High Commissioner for Human 

Rights reported a 333% increase in the 

number of human rights violations and 

abuses by law enforcement officials and 

non-state actors, respectively, against 

the rights to life and security of person 

during the protests that took place 

between July 6, 2018 and December 10, 

2019.5 On March 24, 2021, the U.N. 

Security Council expressed concern 

with ‘‘reported violations and abuses of 

international human rights, including 

some involving the alleged use of 

deadly force against protesters and 

reported arbitrary arrest and 

detentions,’’ and called on the Inspector 

General of the Haitian National Police to 

conduct a thorough investigation of the 

reported incidences.6 Security 

conditions in Port-au-Prince have 

deteriorated due to an increase in 

kidnappings and political protests.7

Furthermore, gang-related violent 

crimes have expanded outside of Portau-Prince with increased crime 

occurring on major routes of travel.8 On 

April 21, 2021, the Department of State 

issued a Level 4 Travel Advisory for 

Haiti because of widespread 

kidnappings and violent crimes.9 On 

June 10, 2021, the United Nations Office 

for the Coordination of Humanitarian 

Affairs (OCHA) reported an upsurge in 

deadly clashes between gangs in Portau-Prince and an overall increase to 

some 10,000 residents who have been 

displaced due to this and similar 

incidents in the past 12 months.10

Further, beginning on June 24, 2021, 

multiple news organizations reported 

that one of Haiti’s most powerful gang 

leaders, a former police officer, warned 

of launching a ‘‘revolution’’ against the 

country’s business and political elites, 

signaling a likely further escalation of 

violence in Haiti.11 On July 7, 2021, a 

group of assailants attacked President 

Moise’s residence and killed him. No 

one has claimed responsibility for the 

assassination. 

Haiti has few resources to tackle its 

political instability and frequent natural 

disasters.12 According to the World 

Bank, it is ‘‘the poorest country in the 

Latin America and Caribbean region and 

among the poorest countries in the 

world’’ ranking 170 out of 189 countries 

on the 2020 Human Development 

Index.13 Haitians rely heavily on 

remittances sent from abroad,14 with 

remittances constituting approximately 

23% of Haiti’s Gross Domestic Product 

(GDP) in 2019.15 Haiti experienced a 

negative growth rate of approximately 

1.7% in 2019 followed by an estimated 

3.8% contraction in 2020, as COVID–19 

exacerbated its already weak economy 

and political instability.16 The World 

Bank reports an inflation rate at nearly 

23% for 2020.17 Public frustration with 

Haiti’s economy has contributed to 

ongoing demonstrations.18

According to USAID the country still 

suffers from the lingering impact of the 

2010 earthquake and Hurricane 

Matthew in 2016 that exacerbated its 

existing inadequate healthcare 

infrastructure as well as access to 

electricity, clean water, and sanitation 


jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Notices 41859 

19Haiti Health Fact Sheet, U.S. USAID, Jan. 2020, 

available at https://www.usaid.gov/documents/ 

1862/usaidhaiti-health-fact-sheet-january-2020 [last 

visited May 2021]. 

20 Id. 

21The Cost of A Plate of Food—2020: Haiti, 

United Nations World Food Programme, available 

at https://cdn.wfp.org/2020/plate-of-food/ [last 

visited May 2021]. 

22Haiti: Acute Food Insecurity Situation August 

2020–February 2021 and Projection for March–June 

2021, Integrated Food Security Phase Classification, 

available at http://www.ipcinfo.org/ipc-countryanalysis/details-map/en/c/1152816/?iso3=HTI [last 

visited May 2021]. 

23 Daily Noon Briefing Highlights, United Nations 

Office for the Coordination of Humanitarian Affairs, 

10 June 2021, available at https://www.unocha.org/ 

story/daily-noon-briefing-highlights-ethiopia-haiti. 

24Undergraduate 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). 

25 DHS considers students who engage in online 

coursework pursuant to ICE 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 Mar. 2021] 

26Undergraduate 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). 

systems.19 Approximately 40% of 

Haitians lack access to essential health 

and nutrition services, which have been 

exacerbated by the COVID–19 

pandemic.20 The United Nations World 

Food Programme reports that Haiti’s 

weather, economic shocks, and 

insecurity are the main factors driving 

up food prices and that the country is 

vulnerable to inflation and price 

volatility, especially during crises such 

as the COVID–19 pandemic.21 Between 

August 2020 and February 2021, 

approximately 42% of the population 

faced high acute food insecurity, and 

this is projected to rise to 46% of the 

population for March 2021 to June 

2021.22 Further, on June 10, 2021, 

OCHA reported that displaced residents 

as a result of deadly gang clashes are in 

need of urgent humanitarian assistance 

and protection to include sanitation 

shelter, access to clean water and 

food.23

As of May 23, 2021, 1,083 F–1 

nonimmigrants students whose country 

of citizenship is Haiti were physically 

present in the United States and 

enrolled in SEVP-certified academic 

institutions. Given the extent of the 

current crisis in Haiti, affected F–1 

nonimmigrant students whose primary 

means of financial support comes from 

Haiti 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 which could 

interfere with their ability to support 

themselves and return to Haiti for the 

foreseeable future. Without employment 

authorization, these students may lack 

the means to meet basic living expenses. 

DHS is therefore making employment 

authorization available for F–1 

nonimmigrant students whose country 

of citizenship is Haiti (regardless of 

country of birth), who are in lawful F– 

1 nonimmigrant student status as of 

August 3, 2021, who are currently 

maintaining F–1 status, and who are 

experiencing severe economic hardship 

as a result of the current crisis in Haiti. 

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.24 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 an English language study 

program.25 See 8 CFR 214.2(f)(6)(i)(G). 

An F–1 nonimmigrant student attending 

an approved private school in grades 

kindergarten through grade 12 or public 

school in grades 9–12 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. A Haitian 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 

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 students must request 

that their 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, reflects: 

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 working off campus), or 

the end date of this notice, whichever date 

comes first]. 

Must the F–1 nonimmigrant student 

apply for reinstatement after expiration 

of this special employment 

authorization if the student reduces 

their ‘‘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.26 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 status. 


jbell on DSKJLSW7X2PROD with NOTICES
41860 Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Notices 

27See 8 CFR 214.2(f)(6). 

28Minimum 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 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 Haiti, regardless of 

country of birth; 

(2) Are lawfully present in the United 

States in F–1 nonimmigrant status on 

August 3, 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 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 Haiti. 

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 Haiti). 

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, 

August 3, 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 Haitian 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. Eligible F–1 

nonimmigrant students covered by this 

notice who are 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 on-campus 

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 be 

authorized 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 this notice or the beginning 

date of the student’s employment, whichever 

date is later] until [DSO must insert the 

student’s program end date or the end date 

of this notice, whichever date comes first]. 

To obtain on-campus employment 

authorization, the F–1 nonimmigrant 

student must demonstrate to their DSO 

that the employment is necessary to 

avoid severe economic hardship directly 

resulting from the current crisis in Haiti. 

A nonimmigrant student authorized by 

their DSO to engage in on-campus 

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 fulltime employment oncampus 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 the 

student’s F–1 nonimmigrant 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’’ 27 for the purpose 

of maintaining their F–1 nonimmigrant 

student status for the duration of the oncampus 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 nonimmigrant student to take a 

reduced course load if the reduction 

would not meet the school’s minimum 

course load requirement for continued 

enrollment.28

Off-Campus Employment Authorization 

What regulatory requirements does this 

notice temporarily suspend relating to 

off-campus employment? 

For an F–1 nonimmigrant 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 offcampus employment: 

(a) The requirement that a student 

must have been in F–1 nonimmigrant 

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 


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Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Notices 41861 

29Minimum 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. 30See 8 CFR 214.2(f)(6). 

31 DHS Study in the States, Special Student Relief 

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

students/special-student-relief [last accessed March 

2021]. 

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’’ for purpose 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 for reduced 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.29

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 severe economic 

hardship resulting from the current 

crisis in Haiti. Filing instructions are 

located 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 

from the current crisis in Haiti. 

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 F–1 

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’’ 30 at the 

time of the request for employment 

authorization; 

(b) The F–1 nonimmigrant student is 

a citizen of Haiti (regardless of country 

of birth) and is experiencing severe 

economic hardship as a direct result of 

the current crisis in Haiti, 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 Haiti. 

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 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, Form 

I–912; 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 

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 Special Student Relief,31 under this 

notice has two options. 

Under the first option, the student 

may file the TPS application according 

to the instructions in the August 3, 2021 

Federal Register Notice designating 

Haiti 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 their TPS application 

that is valid through February 3, 2023, 

the student must file Form I–765 and 

pay the Form I–765 fee (request 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 TPS-related EAD. So long 

as the nonimmigrant student maintains 


jbell on DSKJLSW7X2PROD with NOTICES
41862 Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Notices 

32TPS-related EADs with certain validity dates 

are already extended for eligible beneficiaries of 

TPS Haiti through October 4, 2021 under the 

Federal Register Notice issued in compliance with 

preliminary injunction orders prohibiting the 

termination of Haiti’s TPS designation. See 85 FR 

79208 (Dec. 9, 2020) (specifying EADs and other 

documentation that is continued pursuant to the 

court orders). 

33See 8 CFR 214.2(f)(6). 

34Because 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 February 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]. 

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.32

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 August 3, 2021 Federal 

Register Notice designating Haiti for 

TPS. F–1 nonimmigrant students who 

have already applied for employment 

authorization under Special Student 

Relief, 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. The nonimmigrant student should 

check the appropriate box when filling 

out Form I–821 to indicate whether EAD 

is being requested. 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, 

included as provided under 8 CFR 

214.1(g), the nonimmigrant will be able 

to maintain compliance requirements 

for F–1 nonimmigrant student status 

while having TPS. 

When a student applies simultaneously 

for TPS 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’’ 33 unless or until the 

nonimmigrant student is granted 

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 at the undergraduate level, or a 

minimum of three semester or quarter 

hours of instruction per academic term 

if 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 an F–1 nonimmigrant 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 

current crisis in Haiti. The DSO will 

then verify and update 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 student who has been granted 

TPS apply for reinstatement to F–1 

nonimmigrant student status after their 

F–1 nonimmigrant student 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 students 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 F–1 nonimmigrant student 

status reinstatement regulations. 

How long will this notice remain in 

effect? 

This notice grants temporary relief 

until February 3, 2023,34 to eligible 

F–1 nonimmigrant students. DHS will 

continue to monitor the situation in 

Haiti. 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 an eligible 

F–1 nonimmigrant student 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. 2021–16480 Filed 7–30–21; 8:45 am] 

BILLING CODE 9111–28–P 


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