[Federal Register Volume 86, Number 146 (Tuesday, August 3, 2021)]
[Notices]
[Pages 41857-41862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16480]


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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.

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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: <a href="/cdn-cgi/l/email-protection#7e0d1b080e3e171d1b501a160d50191108"><span class="__cf_email__" data-cfemail="98ebfdeee8d8f1fbfdb6fcf0ebb6fff7ee">[email protected]</span></a>, 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).
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    \1\ Because 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].
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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 
SEVP-certified 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

[[Page 41858]]

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.
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    \2\ See 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).
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    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 Port-au-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 Port-au-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.
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    \3\ Andre Paultre and Sarah Marsh ``The battle for democracy 
goes on in Haiti as Mo[iuml]se gains power,'' The Christian Science 
Monitor, March 30, 2021, available at https://www.csmonitor.com/World/Americas/2021/0330/The-battle-for-democracy-goes-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-rights-practices/haiti/ [last visited May 2021].
    \5\ Unrest 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-impact-human-rights-and-state%E2%80%99s-obligation-protect-all-citizens-0 [last visited May 
2021].
    \6\ Security 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].
    \7\ Haiti--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-complex-emergency-fact-sheet-1-fiscal-year-fy-2021 [last visited May 2021].
    \8\ Haiti 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].
    \9\ Haiti 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.
    \11\ See 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.
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    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\
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    \12\ Taft-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].
    \13\ Haiti Overview, The World Bank, last updated Apr 26, 2021, 
available at https://www.worldbank.org/en/country/haiti/overview 
[last visited May 2021].
    \14\ Taft-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].
    \15\ Personal 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].
    \16\ Haiti 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].
    \18\ Taft-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].
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    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

[[Page 41859]]

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\
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    \19\ Haiti 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.
    \21\ The 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].
    \22\ Haiti: 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-country-analysis/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.
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    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 
off-campus 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 on-campus 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).
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    \24\ Undergraduate 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).
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    In addition, an F-1 nonimmigrant student (either undergraduate or 
graduate) granted on-campus or off-campus 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.
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    \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]
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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 ``off-campus,'' 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.
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    \26\ Undergraduate 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).

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[[Page 41860]]

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 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 the student's F-1 nonimmigrant status?

    Yes. DHS will deem an F-1 nonimmigrant student who receives on-
campus 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 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 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\
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    \27\ See 8 CFR 214.2(f)(6).
    \28\ Minimum 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.
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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 off-campus 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

[[Page 41861]]

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 off-
campus 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\
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    \29\ Minimum 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.
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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 off-
campus 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;
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    \30\ See 8 CFR 214.2(f)(6).
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    (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.
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    \31\ DHS Study in the States, Special Student Relief available 
at https://studyinthestates.dhs.gov/students/special-student-relief 
[last accessed March 2021].
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    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

[[Page 41862]]

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\
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    \32\ TPS-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).
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    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).
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    \33\ See 8 CFR 214.2(f)(6).
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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 
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 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.
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    \34\ Because 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].
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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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