[Federal Register Volume 87, Number 75 (Tuesday, April 19, 2022)]
[Notices]
[Pages 23195-23202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08362]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Immigration and Customs Enforcement

[Docket No. ICEB-2022-0005]
RIN 1653-ZA25


Employment Authorization for Sudanese F-1 Nonimmigrant Students 
Experiencing Severe Economic Hardship as a Direct Result of the Current 
Crisis in Sudan

AGENCY: U.S. Immigration and Customs Enforcement; Department of 
Homeland Security.

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 the Republic of 
Sudan (Sudan), regardless of country of birth (or individuals having no 
nationality who last habitually resided in Sudan), and who are 
experiencing severe economic hardship as a direct result of the current 
crisis in Sudan. The Secretary is taking action to provide relief to 
Sudanese students who are lawful F-1 nonimmigrant students so they may 
request employment authorization, work an increased number of hours 
while school is in session, and reduce their course load while 
continuing to maintain their F-1 nonimmigrant student status. The 
Department of Homeland Security (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 April 19, 2022 through October 19, 
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#deadbba8ae9eb7bdbbf0bab6adf0b9b1a8"><span class="__cf_email__" data-cfemail="c1b2a4b7b181a8a2a4efa5a9b2efa6aeb7">[email protected]</span></a>, telephone: (703) 603-3400. This is 
not a toll-free number. Program information can be found at https://www.ice.gov/sevis/.

SUPPLEMENTARY INFORMATION:

What action is DHS taking under this notice?

    The Secretary is exercising authority under 8 CFR 214.2(f)(9) to 
temporarily suspend the applicability of certain requirements governing 
on-campus and off-campus employment for F-1 nonimmigrant students whose 
country of citizenship is Sudan, regardless of country of birth (or 
individuals having no nationality who last habitually resided in 
Sudan), who are present in the United States in lawful F-1 nonimmigrant 
student status on the date of publication of this notice, and who are 
experiencing severe economic hardship as a direct result of the current 
crisis in Sudan. Effective with this publication, suspension of the 
employment limitations is available through October 19, 2023, for 
Sudanese students in lawful F-1 nonimmigrant status. DHS will deem an 
F-1 nonimmigrant student granted employment authorization through the 
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 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 October 19, 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 and Frequently Asked Questions on COVID-19, 
Nonimmigrant Students & SEVP-Certified Schools: Frequently Asked 
Questions, https://www.ice.gov/coronavirus (last visited Mar. 2022).
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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 a citizen of Sudan regardless of country of birth (or an 
individual having no nationality who last habitually resided in Sudan);
    (2) Were lawfully present in the United States in F-1 nonimmigrant 
status under section 101(a)(15)(F)(i) of the Immigration and 
Nationality Act (INA), 8 U.S.C. 1101(a)(15)(F)(i), on the date of 
publication of this notice;
    (3) Are enrolled in an academic institution that is Student and 
Exchange Visitor Program (SEVP)-certified for enrollment for F-1 
nonimmigrant students;

[[Page 23196]]

    (4) Are maintaining F-1 nonimmigrant status; and
    (5) Are experiencing severe economic hardship as a direct result of 
the current crisis in Sudan.
    This notice applies to F-1 nonimmigrant students in an approved 
private school in 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.

Why is DHS taking this action?

    DHS is taking this action to provide relief to Sudanese F-1 
nonimmigrant students experiencing severe economic hardship as a result 
of the crisis in Sudan. After reviewing country conditions in Sudan and 
receiving input from the U.S. Department of State (DOS), DHS is taking 
action to allow eligible F-1 nonimmigrant students from Sudan to 
request employment authorization, work an increased number of hours 
while school is in session, and reduce their course load while 
continuing to maintain F-1 nonimmigrant student status.
    The political instability, violence, and human rights abuses; 
ongoing intercommunal violence in several regions of the country; and a 
humanitarian crisis linked to the political instability, unprecedented 
floods, food and clean water shortages, and internal displacement have 
impacted millions of individuals in Sudan.\2\ On December 20, 2021, DOS 
issued a Level 4 travel advisory for Sudan, warning people not to 
travel to Sudan due to ``civil unrest'' and ``crime, terrorism, 
kidnapping, and armed conflict.'' \3\ DHS is taking action to provide 
relief to Sudanese F-1 nonimmigrant students because of the conditions 
described below.
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    \2\ Sudan Complex Crisis--Overview, Assessment Capacities 
Project (ACAPS), Aug. 3, 2021, available at https://www.acaps.org/country/sudan/crisis/complex-crisis; U.S. Dep't of State, 2020 
Country Reports on Human Rights Practices: Sudan (Mar. 30, 2021). 
https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/sudan/.
    \3\ Sudan Travel Advisory, U.S. Dep't of State (Dec. 20, 2021), 
https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories/sudan-travel-advisory.html.
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Political Situation

    In April 2019, Sudan's President Omar al-Bashir was overthrown 
following months of popular protests, ending his 30-year rule.\4\ In 
August 2019, a civilian-led transitional government made up of a 
Sovereign Council (whose civilian, armed group and military 
representatives formed a collective head of state), a civilian Prime 
Minister, and a Council of Ministers, was established.\5\ Throughout 
2021, Sudan continued to face rising political tensions between 
civilian leaders and the military members of the Sovereign Council as 
well as growing protests.\6\ In October 2021, Lt. General Abdel Fattah 
al Burhan launched a military takeover that brought an end to the 
civilian-led transitional government.\7\
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    \4\ Sudan Complex Crisis--Overview, Assessment Capacities 
Project (ACAPS) (Aug. 3, 2021), https://www.acaps.org/country/sudan/crisis/complex-crisis (last visited Mar. 2022).
    \5\ Id.
    \6\ The Forces for the Declaration of Freedom and Change, or 
FDFC, is the main coalition of opposition groups that has been 
stepping up calls for the military to hand leadership over to 
civilians in the government. It is comprised of various anti-al-
Bashir political parties, professional movements and opposition 
groups. It has also called for restructuring the military and 
security agencies and ensure that al-Bashir loyalists are removed 
from these agencies, and to absorb the various opposition armed 
groups into Sudan's security agencies. See Samy Magdy and Lee Keath, 
EXPLAINER: How months of tensions led to Sudan's coup, AP News (Oct. 
26, 2021), https://apnews.com/article/explaining-what-led-to-sudan-coup-8e3609d1f573b6dd0383ed7a09f0d4aa (last visited Mar. 2022).
    \7\ U.S. Relations With Sudan Bilateral Relations Fact Sheet, 
U.S. Dept. of State, Feb. 4, 2022, available at https://
www.state.gov/u-s-relations-with-sudan/
#:~:text=The%20Sovereign%20Council%20%E2%80%93%20a%20body,a%20collect
ive%20head%20of%20state.
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    Since the October 2021 military takeover, protests have continued 
throughout Sudan.\8\ Hundreds have reportedly been arrested, including 
activists, passersby, journalists, and an Al Jazeera bureau chief, who 
was released several days later.\9\ Security forces have reportedly 
used ammunition and tear gas on protestors.\10\ In addition to the 
arrests, at least 92 protesters have been killed with thousands more 
injured by security forces.\11\
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    \8\ Sudanese forces shoot 14 in deadliest day since military 
coup, The Guardian (Nov. 17, 2021), https://www.theguardian.com/world/2021/nov/17/sudanese-forces-shoot-dead-at-least-14-protesters-against-coup (last visited Mar. 1, 2022).
    \9\ Id.
    \10\ Michael Atit, Sudan Journalists Protest Media Crackdown 
Since Coup, Voice of America (Nov. 17, 2021), https://www.voanews.com/a/sudan-journalists-protest-media-crackdown-since-coup/6317029.html (last visited Mar. 2022).
    \11\ The Guardian, supra note 10.
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    Following the military takeover, in November 2021, civilian and 
military leaders made a power-sharing agreement, reinstating Prime 
Minister Abdalla Hamdok. However, ``[p]rotests continued even after Mr. 
Hamdok had returned to office, with some demonstrators saying that his 
reinstatement was helping to legitimatise the military takeover.'' \12\ 
With violence against civilian protesters continuing, Prime Minister 
Hamdok resigned on January 2, 2022.\13\ Protests continue, as does the 
use of excessive forcevoice by security forces. The U.S. government 
sanctioned the Central Reserve Police, a militarized police unit, for 
serious human rights abuse under E.O. 13818 on March 21, 2022.
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    \12\ Sudan coup: Prime Minister Abdalla Hamdok resigns after 
mass protests, BBC.com (Jan. 3, 2022), https://www.bbc.com/news/world-africa-59855246 (last visited Mar. 2022).
    \13\ Yassir Abdullah, Nima Elbagir, and Hamdi Alkhshali, 
Sudanese Prime Minister's resignation triggered by military reneging 
on deal, sources say, CNN (Jan. 4, 2022), https://www.cnn.com/2022/01/03/africa/sudan-pm-resignation-details-intl/index.html (last 
visited Mar. 2022).
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Armed Conflict and Civil Unrest

    In 2020, the civilian-led transitional government signed a peace 
agreement--Juba Peace Agreement \14\--with various oppositions groups, 
including groups from Darfur and the South Kordofan and Blue Nile (AKA 
the ``Two Areas'') regions of Sudan.\15\ However, one Darfuri 
opposition group which did not sign this peace agreement, the Sudan 
Liberation Army/Movement--Abdul Wahid (SLA/AW), continues to be engaged 
in clashes with the government forces, including with the Sudanese 
Armed Forces (SAF).\16\
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    \14\ U.S. Dep't of State, supra note 2, at 2.
    \15\ Id. at 1.
    \16\ Durable Solutions & Baseline Analysis for the U.N. 
Peacebuilding Fund and the Durable Solutions Working Group in Sudan; 
Key obstacles to durable solutions and peacebuilding for the 
displacement-affected communities in Nertiti locality, Central 
Darfur, U.N. Refugee Agency (UNHCR), 14 (Aug. 2021), https://data2.unhcr.org/en/documents/download/88364 (last visited Mar. 
2022).
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    In January 2021, the United Nations Office for the Coordination of 
Humanitarian Affairs (UNOCHA) reported that instability, including 
intercommunal tensions, remained in several parts of the country.\17\ 
In July 2021, the Secretary General for the United Nations (U.N.) 
asserted that the primary security concern in Sudan remains ``the 
increasing frequency of intercommunal violence.'' \18\ Additionally, 
the withdrawal of the African Union-United Nations Hybrid Operation in 
Darfur (UNAMID) in June 2021 \19\ has ``left a security and

[[Page 23197]]

programmatic vacuum, which has yet to be filled by the transitional 
government or state-level authorities.'' \20\
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    \17\ Sudan: Humanitarian Response Plan 2021, UNOCHA, 12 (Jan. 
2021), https://www.ecoi.net/en/file/local/2045900/SDN_2021HRP.pdf 
(last visited Mar. 2022).
    \18\ Review of the situation in Darfur--Report of the Secretary 
General, SCOR, 4 (July 31, 2021), https://undocs.org/pdf?symbol=en/S/2021/696 (last visited Mar. 2022).
    \19\ Withdrawal of Hybrid Peacekeeping Operation in Darfur 
Completed by 30 June Deadline, Under-Secretary-General Tells 
Security Council, Outlining Plans to Liquidate Assets, UN News (July 
27, 2021), https://www.un.org/press/en/2021/sc14587.doc.htm (last 
visited Mar. 2022).
    \20\ Review of the situation in Darfur and benchmarks to assess 
the measures on Darfur; Report of the Secretary-General [S/2021/
696], SCOR, 4 (July 2021), https://www.ecoi.net/en/file/local/2058498/S_2021_696_E.pdf (last visited Mar. 2022).
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i. Civil Unrest in Darfur
    In July 2021, the U.N. reported that intercommunal violence ``has 
increased in frequency and scale over the past year, in particular in 
West, North and South Darfur.'' \21\ Since 2019, West Darfur has seen 
an escalation of intercommunal violence between two key ethnic groups 
in their region--the ``Arab armed groups and [the] Masalit [Darfuri 
ethnic group].'' \22\ An escalation of violence in April 2021 resulted 
in a reported 144 people killed and 232 injured. Because heavy weapons 
were reportedly used, homes, a hospital, a U.N. compound, and a camp 
for internally displaced persons were destroyed or damaged. Also, ``a 
power plant--the only source of electricity in El Geneina--was damaged, 
resulting in a critical disruption to most of the town's communication 
facilities, in addition to electricity and water supplies in some 
areas.'' \23\ A few months later, in July 2021, UNOCHA reported that 
``around 500 armed men attached [a town] leaving more than 60 people 
dead, . . . and another 60 injured.'' \24\
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    \21\ Id.
    \22\ Durable Solutions & Baseline Analysis for the U.N. 
Peacebuilding Fund and the Durable Solutions Working Group in Sudan; 
Key obstacles to durable solutions and peacebuilding for the 
displacement-affected communities in Jebel Moon Locality, West 
Darfur, UNHCR, 15 (Aug. 2021), https://data2.unhcr.org/en/documents/download/88361 (last visited Mar. 2022).
    \23\ Situation in the Sudan and the activities of the United 
Nations Integrated Transition Assistance Mission in the Sudan; 
Report of the Secretary-General [S/2021/470], SCOR, 5-6 (May 17, 
2021), https://www.ecoi.net/en/file/local/2052225/S_2021_470_E.pdf 
(last visited Mar. 2022).
    \24\ UNOCHA, Sudan: Escalation of Violence in Darfur--Flash 
Update No. 2, 1 (July 27, 2020), https://www.ecoi.net/en/file/local/2035090/Situation+Report+-+Sudan+-+23+Jul+2020+%284%29.pdf (last 
visited Mar. 1, 2022).
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    In 2019, UNOCHA assessed that intercommunal violence was the main 
driver of protection needs in North Darfur.\25\ In 2021, the European 
Asylum Support Office (EASO) reported on a series of clashes in the 
region.\26\
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    \25\ UNHCR, Durable Solutions & Baseline Analysis for the UN 
Peacebuilding Fund and the Durable Solutions Working Group in Sudan; 
Key obstacles to durable solutions and peacebuilding for the 
displacement-affected communities in Tawila locality, North Darfur, 
14 (Aug. 2021), https://data2.unhcr.org/en/documents/download/88365 
(last visited Mar. 2022).
    \26\ EASO, Political developments and security situation in 
Sudan between 1 Sept. 2020-31 Aug. 2021, 12 (Oct. 20, 2021), https://www.ecoi.net/en/file/local/2062609/2021_09_Q31_EASO_COI_QUERY_RESPONSE_SUDAN_SECURITY_SITUATION.pdf 
(last visited Mar. 2022).
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    Central Darfur is also considered a hotspot due to the strong 
presence of the SLA/AW in this area, and throughout the Jebel Marra 
mountains.\27\ Widespread insecurity and regular clashes between SLA/AW 
forces and the SAF has resulted in counter retaliation attacks, with 
civilians reportedly attacked for collaborating with either of the 
forces.\28\ In September 2021, the U.N. reported on continued fighting 
between SLA/AW and government forces in Central Darfur,\29\ including 
on May 18, when a clash reportedly resulted in the displacement of 
1,284 people.\30\
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    \27\ UNHCR, supra note 19, at 14.
    \28\ Id.
    \29\ Situation in the Sudan and the activities of the United 
Nations Integrated Transition Assistance Mission in the Sudan, SCOR, 
4 (Sept. 1, 2021), https://www.ecoi.net/en/file/local/2059931/S_2021_766_E.pdf (last visited Mar. 2022).
    \30\ Id.
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    In South Darfur, fighting in May 2020 over land grazing rights 
between an indigenous group, the Fellata/Fallata, and the Rizeigat 
reportedly resulted in the death of 30 civilians.\31\ In January 2021, 
deadly clashes between these groups resumed, reportedly leaving 60 dead 
and 40 wounded.\32\ In July 2021, intercommunal violence persisted 
between the Fallata and Ta'isha tribes, reportedly leaving 48 dead and 
displacing 185 people.\33\
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    \31\ Reliefweb, 30 people killed in intercommunal violence in 
South Darfur (May 6, 2020), https://reliefweb.int/report/sudan/30-people-killed-intercommunal-violence-south-darfur (last visited Mar. 
1, 2022).
    \32\ Associated Press, Samy Magdy, Tribal clashes leave dozens 
dead in 2 Sudanese provinces (Jan. 18, 2021), reported by abcNEWS, 
https://abcnews.go.com/International/wireStory/sudanese-bury-victims-darfur-violence-death-toll-129-75322312 (last visited Mar. 
2022).
    \33\ SCOR, Situation in the Sudan and the activities of the 
United Nations Integrated Transition Assistance Mission in the 
Sudan, 4 (Sept.1, 2021), https://www.ecoi.net/en/file/local/2059931/S_2021_766_E.pdf (last visited Mar. 2022).
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    Similar intercommunal tensions in East Darfur are rooted in a long 
history of tensions ``between the Rizeigat (pastoralists) and Ma'aliya 
(sedentary farmers) and Rizeigat (pastoralists) against Misseriya 
(pastoralists).'' \34\ These legacy disputes are ``driven by control of 
land, tribal leadership and wider political power plus access to 
pasture and water.'' \35\
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    \34\ UNHCR, Durable Solutions & Baseline Analysis for the UN 
Peacebuilding Fund and the Durable Solutions Working Group in Sudan; 
Key obstacles to durable solutions and peacebuilding for the 
displacement-affected communities in Assalaya, Yassin and Sheiria 
localities, East Darfur, 15 (Aug. 2021), https://data2.unhcr.org/en/documents/download/88358 (last visited Mar. 2022).
    \35\ Id.
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ii. Civil Unrest in Other Regions
    The security situation in the Two Areas remains tense.\36\ In 2017, 
the main opposition group in this region--the Sudan People's Liberation 
Movement/Army-North (SPLM/A-N)--splintered into two factions, resulting 
in several months of violence between the two groups.\37\ Both groups 
were reportedly also involved in area fighting between Arab nomads and 
Nuban farmers in which a dozen or more people were killed.\38\ Similar 
``deadly clashes'' \39\ in the region included security forces who 
joined and aligned with civilians fighting along ethnic lines.\40\
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    \36\ Asylum Research Centre, Sudan: Country Report; The 
situation in South Kordofan and Blue Nile--An Update (3rd edition 
with addendum), 20 (Mar. 2021), https://www.ecoi.net/en/file/local/2045013/Final_01.03.2021.pdf (last visited Mar. 2022).
    \37\ Enough, A Question of Leadership: Addressing a Dangerous 
Crisis in Sudan SPLM-N, 2 (Jul. 2017), https://enoughproject.org/reports/a-question-of-leadership (last visited Mar. 2022).
    \38\ U.S. Dep't of State, supra note 2, at 9.
    \39\ Asylum Research Centre, supra note 39, at 22.
    \40\ UNHCR, Report of the Independent Expert on the situation of 
human rights in the Sudan, 13 (Jul. 30, 2020), https://reliefweb.int/report/sudan/report-independent-expert-situation-human-rights-sudan-ahrc4553-enar (last visited Mar. 2022); Id. at 
22-23.
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    In January 2019, Sudan's Eastern State (the ``Red Sea State''), 
also saw renewed intercommunal violence between the main Arab and non-
Arab ethnic groups in the region.\41\ In September 2021, the U.N. 
assessed that the ``security situation in the eastern Red Sea State 
remained volatile.'' \42\
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    \41\ U.S. Dep't of State, 2019 Country Reports on Human Rights 
Practices: Sudan, 9 (Mar. 30, 2020), https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/sudan/ (last visited 
Mar. 2022).
    \42\ SCOR, Situation in the Sudan and the activities of the 
United Nations Integrated Transition Assistance Mission in the 
Sudan, 5 (Sept. 1, 2021), https://www.ecoi.net/en/file/local/2059931/S_2021_766_E.pdf (last visited Mar. 2022).
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    In the Abyei region disputed between Sudan and South Sudan, the 
U.N. reported that the security situation remained tense with renewed 
intercommunal violence between the two main ethnic groups in the 
region--the Misseriya and Ngok Dinka communities.\43\ In April 2021, 
the U.N. reported that the ``general security situation in the Abyei 
Area has been relatively calm, yet tense and

[[Page 23198]]

unpredictable.'' \44\ The ``most prevalent threats to security were 
shooting incidents, the increased presence of unidentified armed 
groups, armed attacks on civilians and violent confrontations between 
the communities.'' \45\
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    \43\ SCOR, The situation in Abyei; Report of the Secretary-
General [S/2020/1019] (Oct. 15, 2020), https://www.ecoi.net/en/file/local/2039488/S_2020_1019_E.pdf (last visited Mar. 2022).
    \44\ The situation in Abyei; Report of the Secretary-General [S/
2021/383], SCOR, 2 (Apr. 20, 2021), https://reliefweb.int/report/sudan/situation-abyei-report-secretary-general-s2021383-enar (last 
visited Mar. 2022).
    \45\ Id.
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Humanitarian Crisis

    Sudan also continues ``to suffer from one of the world's largest 
protracted humanitarian crises'' due to conflict and displacement, 
deteriorating economic conditions, limited access to basic services, 
and several disease outbreaks, including the COVID-19 pandemic.\46\ 
Since 2018, Sudan has also faced severe economic challenges.\47\ 
National poverty levels have risen drastically,\48\ and incomes, wages, 
and purchasing power have fallen, ``driving 9.6 million people--almost 
a quarter of the entire population of Sudan--to severe food 
insecurity.'' \49\ This economic crisis has reportedly ``degraded the 
already weak, underdeveloped and heavily underfunded primary healthcare 
system,'' including by the end of 2020, reducing the number of 
healthcare facilities by 40 percent across the country.\50\ The COVID-
19 pandemic has further ``compounded the already dire public health 
situation.'' \51\
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    \46\ Sudan Humanitarian impact of multiple protracted crises, 
ACAPS, 2 (Nov. 24, 2021), https://www.acaps.org/sites/acaps/files/products/files/20201124_acaps_briefing_note_sudan_impact_of_multiple_crises.pdf 
(last visited Mar. 2022).
    \47\ Sudan Economic Crisis, ACAPS, 1 (Feb. 2019), https://www.acaps.org/sites/acaps/files/products/files/20190213_acaps_briefing_note_sudan_economic_crisis.pdf (last visited 
Mar. 2022).
    \48\ Child Protection Annual Report 2020, UN Children's Fund 
(UNICEF), 6 (Mar. 2021), https://www.unicef.org/sudan/media/6091/file/Child%20Protection%20.pdf (last visited Mar. 2022).
    \49\ Id.
    \50\ Id.
    \51\ Id.
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    During the rainy season in 2020, flooding affected ``close to 
900,000 people across the country and farmland, livestock, shelter and 
other infrastructure.'' \52\ Other areas suffered droughts.\53\ Many of 
the flood areas have very limited access to clean water.\54\ Water 
supply sources have been affected by overflow of the Blue Nile River 
destroying nearby latrines, resulting in increased risk of water 
contamination and the outbreak of waterborne diseases.\55\ The health 
situation in Sudan has continued to deteriorate due to flooding causing 
``stagnant and contaminated water.'' \56\
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    \52\ UNOCHA, Sudan: Humanitarian Response Plan 2021, 12 (Feb. 
21, 2021), https://reliefweb.int/report/sudan/sudan-humanitarian-response-plan-2021-january-2021-enar (last visited Mar. 2022).
    \53\ SCOR, supra note 47, at 5.
    \54\ International Federation of Red Cross and Red Crescent 
Societies, Sudan: Floods--Operation Update--Emergency Appeal (Mar. 
25, 2021), https://reliefweb.int/report/sudan/sudan-floods-operation-update-emergency-appeal-n-mdrsd028-24-march-2021 (last 
visited Mar. 2022).
    \55\ Id.
    \56\ Id.
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    Sudan's worsening economy and protracted health emergencies have 
resulted in an increase of the number of people without access to basic 
health services.\57\ Sudan has experienced disease outbreaks including 
cholera, malaria, dengue, chikungunya, viral hemorrhagic fevers and 
polio.\58\ In 2020 alone, thirteen out of Sudan's eighteen states 
experienced one or more outbreaks of chikungunya, dengue fever, rift 
valley fever, or diphtheria.\59\ The COVID-19 pandemic has ``further 
strained the capacity of the health care system due to nationwide 
lockdowns, re-allocation of health resources, and disruption of global 
supply chains that impacted availability of medicines and medical 
supplies.'' \60\
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    \57\ Sudan Situation Report, 31 May 2021, UNOCHA, 46 (May 31, 
2021), https://www.ecoi.net/en/file/local/2055652/Situation+Report+-+Sudan+-+12+May+2021.pdf (last visited Mar. 2022).
    \58\ UNOCHA, supra note 55.
    \59\ UNICEF, Sudan Health Annual Report 2020, 5, https://www.unicef.org/sudan/media/6141/file/Health.pdf (last visited Mar. 
2022).
    \60\ UNOCHA, supra note 55, at 46.
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    In Sudan, ``[w]omen and girls suffer the most due to insecurity, 
violations of basic human rights, low economic status, lack of 
livelihood opportunities, and lack of community awareness on women's 
rights.'' \61\ The United Nations Children's Fund (UNICEF) has also 
noted that ``[c]hildren throughout Sudan are already bearing the brunt 
of decades of conflict, chronic underdevelopment and poor 
governance,\62\ with 64 percent of children below 14 years of age 
experiencing various forms of violence.'' \63\
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    \61\ Id.
    \62\ UNICEF, Children killed, injured, detained and abused amid 
escalating violence and unrest in Sudan (June 11, 2019), https://www.unicef.org/press-releases/children-killed-injured-detained-and-abused-amid-escalating-violence-and-unrest (last visited Mar. 2022).
    \63\ UNICEF, Child Protection Annual Report 2020, 7 (Mar. 2021), 
https://www.unicefusa.org/about/publications/annual-report-2020?gclid=EAIaIQobChMI9p2M0uD39AIVMv7jBx3c2gHbEAAYASAAEgKHN_D_BwE 
(last visited Mar. 2022).
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    According to UNOCHA, ``Sudan has seen an increase in the number of 
people in need of humanitarian assistance from 5.8 million people in 
2016 to 13.4 million in 2021.'' \64\ It is estimated that among the 
13.4 million people in need,\65\ 9.8 million are severely food 
insecure.\66\ Yet, access to humanitarian assistance is uncertain. In 
2021, the Assessments Capacities Project (ACAPS) reported that armed 
opposition groups in some areas created ``barriers to the delivery of 
humanitarian aid.'' \67\ Intercommunal clashes in other areas have also 
affected humanitarian operations.\68\ The UNAMID drawdown and closure 
has also resulted in increased looting and impacted ``people's ability 
to move and reach needed aid.'' \69\ In July 2021, the U.N. reported 
that ``since January 2021, 11 of the 14 UNAMID team sites, which have 
been handed over to civilian authorities, have been looted.'' \70\
---------------------------------------------------------------------------

    \64\ UNOCHA, supra note 55, at 10.
    \65\ UNOCHA, Sudan Key Figures, https://m.reliefweb.int/country/220/sdn (last visited on Nov. 23, 2021).
    \66\ UNOCHA, Sudan Situation Report (Sep. 27, 2021), https://reliefweb.int/report/sudan/sudan-situation-report-29-sep-2021 (last 
visited Mar. 2022).
    \67\ ACAPS, Humanitarian Access Overview, 12 (July 2021), 
https://www.acaps.org/sites/acaps/files/products/files/20210719_acaps_humanitarian_access_overview_july_2021.pdf (last 
visited Mar. 2022).
    \68\ Id.
    \69\ Id.
    \70\ SCOR, Review of the situation in Darfur and benchmarks to 
assess the measures on Darfur; Report of the Secretary-General [S/
2021/696], 4 (July 2021), https://www.ecoi.net/en/file/local/2058498/S_2021_696_E.pdf (last visited Mar. 2022).
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    As of February 28, 2022, approximately 324 F-1 nonimmigrant 
students from Sudan (or individuals having no nationality who last 
habitually resided in Sudan) are in the United States and enrolled in 
courses at SEVP-certified U.S. academic institutions. Given the extent 
of the current crisis in Sudan, affected students whose primary means 
of financial support comes from Sudan may need to be exempt from the 
normal student employment requirements to continue their studies in the 
United States. The current crisis has made it unfeasible for many 
students to safely return to Sudan for the foreseeable future. Without 
employment authorization, these students may lack the means to meet 
basic living expenses.

What is the minimum course load requirement to maintain valid F-1 
nonimmigrant status under 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.\71\ A graduate-level F-1

[[Page 23199]]

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). Nothing in this notice affects the applicability of 
other minimum course load requirements set by the academic institution.
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    \71\ 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.\72\ See 8 CFR 214.2(f)(6)(i)(G). An F-1 nonimmigrant student 
attending an approved private school in kindergarten through grade 12 
or public school in grades 9 through 12 must maintain ``class 
attendance for not 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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    \72\ DHS considers students who are compliant with ICE 
Coronavirus Disease 2019 (COVID-19) guidance for nonimmigrant 
students to be in compliance with regulations while such COVID-19 
guidance remains in effect. See ICE Guidance and Frequently Asked 
Questions on COVID-19, https://www.ice.gov/coronavirus (last visited 
Feb. 2022).
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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. An F-1 nonimmigrant student who is a Sudan citizen, regardless 
of country of birth (or an individual having no nationality who last 
habitually resided in Sudan), 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 
student must request that the designated school official (DSO) enter 
the following statement in the remarks field of the student's Student 
and Exchange Visitor Information System (SEVIS) record, which the 
student's Form I-20, Certificate of Eligibility for Nonimmigrant (F-1) 
Student Status, will reflect:

    Approved for more than 20 hours per week of [DSO must insert 
``on-campus'' or ``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 authorized for off-campus employment), 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 his or her ``full course of study''?

    No. DHS will deem an F-1 nonimmigrant student who receives and 
comports with the employment authorization permitted under this notice 
to be engaged in a ``full course of study'' \73\ 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.\74\ 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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    \73\ See 8 CFR 214.2(f)(6).
    \74\ 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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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 F-1 nonimmigrant students who meet the 
following conditions:
    (1) Are citizens of Sudan, regardless of country of birth (or 
individuals having no nationality who last habitually resided in 
Sudan);
    (2) Were lawfully present in the United States in F-1 nonimmigrant 
status under section 101(a)(15)(F)(i) of the INA, 8 U.S.C. 
1101(a)(15)(F)(i), on the date of publication of this notice;
    (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 Sudan.
    An F-1 nonimmigrant student who does not meet all 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 Sudan).

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 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 an F-1 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 in order to continue their 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 from Sudan enrolled in 
private kindergarten through grade 12, or public high school grades 9 
through 12. Such students must maintain the minimum number of hours

[[Page 23200]]

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 from Sudan covered by this notice who are enrolled in an 
elementary school, middle school, or high school may 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 
F-1 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 be reflected 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 the DSO that the employment is necessary to 
avoid severe economic hardship directly resulting from the current 
crisis in Sudan. An F-1 nonimmigrant student authorized by the 
student's DSO to engage in on-campus employment by means of this notice 
does not need to file an application with U.S. Citizenship and 
Immigration Services (USCIS). The standard rules permitting full-time 
employment on-campus when school is not in session or during school 
vacations apply. See 8 CFR 214.2(f)(9)(i).

Will an F-1 nonimmigrant student who receives on-campus employment 
authorization under this notice have authorization to reduce the normal 
course load and still maintain their 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'' \75\ 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.\76\
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    \75\ See 8 CFR 214.2(f)(6).
    \76\ 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 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'' \77\ for the 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 nonimmigrant 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.\78\
---------------------------------------------------------------------------

    \77\ See 8 CFR 214.2(f)(6).
    \78\ 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.
---------------------------------------------------------------------------

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 directly resulting from 
the current crisis in Sudan. 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 
about 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

[[Page 23201]]

    (2) The hardship is a direct result of the current crisis in Sudan.
    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 the 
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 that:
    (a) The F-1 nonimmigrant student is in good academic standing and 
is carrying a ``full course of study'' \79\ at the time of the request 
for employment authorization;
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    \79\ See 8 CFR 214.2(f)(6).
---------------------------------------------------------------------------

    (b) The F-1 nonimmigrant student is a Sudan citizen, regardless of 
country of birth (or an individual having no nationality who last 
habitually resided in Sudan), and is experiencing severe economic 
hardship as a direct result of the current crisis in Sudan, 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 Sudan.
    Processing. To facilitate prompt adjudication of the student's 
application for off-campus employment authorization under 8 CFR 
214.2(f)(9)(ii)(C), the F-1 nonimmigrant student should do both of the 
following:
    (a) Ensure that the application package includes all of the 
following documents:
    (1) A completed Form I-765;
    (2) The required fee or properly documented fee waiver request, as 
described in 8 CFR 103.7(c); and
    (3) A signed and dated copy of the student's Form I-20 with the 
appropriate DSO recommendation, as previously described in this notice; 
and
    (b) Send the application in an envelope which 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 a Form I-766 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 temporary protected status 
(TPS) and for benefits under this notice at the same time?

    Yes. An F-1 nonimmigrant student who has not yet applied for TPS or 
other relief that reduce the student's course load per term and permits 
an increased number of work hours per week, such as Special Student 
Relief,\80\ under this notice has two options.
---------------------------------------------------------------------------

    \80\ See DHS Study in the States, Special Student Relief, 
https://studyinthestates.dhs.gov/students/special-student-relief 
(last visited Feb. 2022).
---------------------------------------------------------------------------

    Under the first option, the nonimmigrant student may file the TPS 
application according to the instructions in the USCIS notice 
announcing the designation of Sudan for TPS published elsewhere in this 
issue of the Federal Register. All TPS applicants must file a Form I-
821, Application for Temporary Protected Status with the appropriate 
fee (or request a fee waiver). Although not required to do so, if an F-
1 nonimmigrant student wants to obtain a new EAD based on their TPS 
application that is valid through October 19, 2023, and to be eligible 
for automatic EAD extensions that may be available to certain EADs with 
an A-12 or C-19 category code, they must file Form I-765 and pay the 
Form I-765 fee (or submit a Request for a Fee Waiver (Form I-912)). 
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 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 nonimmigrant status and 
TPS concurrently.
    Under the second option, the nonimmigrant student may apply for an 
EAD under Special Student Relief by filing the Form I-765 with the 
location specified in the filing instructions. At the same time, the F-
1 nonimmigrant student may file a separate TPS application but must 
submit the TPS application according to the instructions provided in 
the Federal Register Notice announcing the designation of Sudan for 
TPS. The F-1 nonimmigrant student already has applied for employment 
authorization under Special Student Relief and may choose not to submit 
the Form I-765 as part of the TPS application. However, some 
nonimmigrant students may wish to obtain a TPS EAD in light of 
automatic extensions that may be available to certain 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 a TPS-
related 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, including 
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'' \81\ unless or until the 
nonimmigrant student receives employment authorization under this 
notice. TPS-related employment authorization, by itself, does not 
authorize a nonimmigrant student to drop below twelve credit hours, or 
otherwise applicable minimum requirements (e.g., clock hours for 
language students). Once approved for

[[Page 23202]]

Special Student Relief employment authorization, the F-1 nonimmigrant 
student may drop below twelve credit hours, or otherwise applicable 
minimum requirements (with a minimum of six semester or quarter credit 
hours of instruction per academic term if at the undergraduate level, 
or for a minimum of three semester or quarter credit hours of 
instruction per academic term if at the graduate level). See 8 CFR 
214.2(f)(5)(v), 214.2(f)(6), and 214.2(f)(9)(i) and (ii).
---------------------------------------------------------------------------

    \81\ See 8 CFR 214.2(f)(6).
---------------------------------------------------------------------------

How does a student who has received a TPS-related employment 
authorization document then apply for authorization to take a reduced 
course load under this notice?

    There is no further application process with USCIS if a student has 
been approved for a TPS-related EAD. The F-1 nonimmigrant student must 
demonstrate and provide documentation to the DSO of the direct economic 
hardship resulting from the current crisis in Sudan. The DSO will then 
verify and update the student's record in SEVIS to enable the F-1 
nonimmigrant student with TPS to reduce the course load without any 
further action or application. No other EAD needs to be issued for the 
F-1 nonimmigrant student to have employment authorization.

Can a noncitizen who has been granted TPS apply for reinstatement of F-
1 nonimmigrant student status after the noncitizen's 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. These students 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 October 19, 2023 \82\ to 
eligible F-1 nonimmigrant students. DHS will continue to monitor the 
situation in Sudan. 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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    \82\ 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 October 19, 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, 
Nonimmigrant Students & SEVP-Certified Schools: Frequently Asked 
Questions, https://www.ice.gov/coronavirus (last visited Mar. 2022).
---------------------------------------------------------------------------

Paperwork Reduction Act (PRA)

    An F-1 nonimmigrant student seeking off-campus employment 
authorization due to severe economic hardship resulting from the 
current crisis in Sudan 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 Mayorkas,
Secretary, U.S. Department of Homeland Security.
[FR Doc. 2022-08362 Filed 4-18-22; 8:45 am]
BILLING CODE 9111-28-P


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