Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Notices 30971 

1Because the suspension of requirements under 

this notice applies throughout an academic term 

during which the suspension is in effect, DHS 

considers an F–1 nonimmigrant student who 

engages in a reduced course load or employment (or 

both) after this notice is effective to be engaging in 

a ‘‘full course of study,’’ see 8 CFR 214.2(f)(6), and 

eligible for employment authorization, through the 

end of any academic term for which such student 

is matriculated as of November 20, 2023, provided 

the student satisfies the minimum course load 

requirements in this notice. DHS also considers 

students who engage in online coursework pursuant 

to U.S. Immigration and Customs Enforcement (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 & SEVPCertified Schools: Frequently Asked Questions, 

https://www.ice.gov/coronavirus (last visited May 2, 

2022). 

2See Afghanistan Travel Advisory, U.S. Dep’t of 

State (Apr. 18, 2022), https://travel.state.gov/ 

content/travel/en/traveladvisories/traveladvisories/ 

afghanistan-advisory.html. 

3Afghanistan’s Collapsing Economy Heightens 

’Risk Of Extremism,’ UN Envoy Warns, Radio Free 

Europe (Nov. 18, 2021), https://gandhara.rferl.org/ 

a/afghanistan-un-lyons-assets-humanitarian-crisishunger/31567075.html. 

(Catalogue of Federal Domestic Assistance 

Program Nos. 93.855, Allergy, Immunology, 

and Transplantation Research; 93.856, 

Microbiology and Infectious Diseases 

Research, National Institutes of Health, HHS) 

Dated: May 16, 2022. 

Tyeshia M. Roberson-Curtis, 

Program Analyst, Office of Federal Advisory 

Committee Policy. 

[FR Doc. 2022–10830 Filed 5–19–22; 8:45 am] 

BILLING CODE 4140–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Immigration and Customs 

Enforcement 

[Docket No. ICEB–2022–0007] 

RIN 1653–ZA27 

Employment Authorization for Afghan 

F–1 Nonimmigrant Students 

Experiencing Severe Economic 

Hardship as a Direct Result of the 

Current Situation in Afghanistan 

AGENCY: U.S. Immigration and Customs 

Enforcement, Department of Homeland 

Security. 

ACTION: Notice. 

SUMMARY: This notice announces that 

the Secretary of Homeland Security 

(Secretary) is suspending certain 

regulatory requirements for F–1 

nonimmigrant students whose country 

of citizenship is Afghanistan, regardless 

of country of birth (or individuals 

having no nationality who last 

habitually resided in Afghanistan), and 

who are experiencing severe economic 

hardship as a direct result of the current 

situation in Afghanistan. The Secretary 

is taking action to provide relief to these 

lawful F–1 nonimmigrant students so 

the students may request employment 

authorization, work an increased 

number of hours while their academic 

institution is in session, and reduce 

their course load while continuing to 

maintain their F–1 nonimmigrant 

student status. The U.S. 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 May 

20, 2022, through November 20, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Sharon Snyder, Unit Chief, Policy and 

Response Unit, Student and Exchange 

Visitor Program, MS 5600, U.S. 

Immigration and Customs Enforcement, 

500 12th Street SW, Washington, DC 

20536–5600; email: sevp@ice.dhs.gov, 

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

a toll-free number. Program information 

can be found at 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 Afghanistan, regardless 

of country of birth (or individuals 

having no nationality who last 

habitually resided in Afghanistan), 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 situation in Afghanistan. 

Effective with this publication, 

suspension of the employment 

limitations is available through 

November 20, 2023, for those who are 

in lawful F–1 nonimmigrant status. DHS 

will deem an F–1 nonimmigrant student 

granted employment authorization 

through this notice to be engaged in a 

‘‘full course of study’’ for the duration 

of the employment authorization, if the 

student satisfies the minimum course 

load set forth in this notice.1 See 8 CFR 

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

Who is covered by this notice? 

This notice applies exclusively to F– 

1 nonimmigrant students who meet all 

of the following conditions: 

(1) Are citizens of Afghanistan 

regardless of country of birth (or 

individuals having no nationality who 

last habitually resided in Afghanistan); 

(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; 

(4) Are maintaining F–1 

nonimmigrant status; and 

(5) Are experiencing severe economic 

hardship as a direct result of the current 

situation in Afghanistan. 

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 SEVPcertified academic institution remains 

eligible for the relief provided by means 

of this notice. 

Why is DHS taking this action? 

DHS is taking action to provide relief 

to Afghan F–1 nonimmigrant students 

experiencing severe economic hardship 

due to the current situation in 

Afghanistan. DHS has reviewed country 

conditions in Afghanistan and based on 

that review and input from the U.S. 

Department of State (DOS), DHS is 

taking action to allow eligible F–1 

nonimmigrant students from 

Afghanistan 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. 

DHS has determined that the current 

situation in Afghanistan s the need for 

Special Student Relief. On April 18, 

2022, DOS issued a Level 4: Do Not 

Travel advisoryadvisoryabout travel to 

Afghanistan because of civil unrest, 

armed conflict, crime, terrorism, and 

kidnapping.2 General instability in the 

country, including instability caused by 

deep economic challenges, increases the 

difficulty of establishing security and 

thwarting the rise of further violent 

extremism.3 Internal displacement is 

rising. As of January 15, 2022, the 

United Nations High Commissioner for 


khammond on DSKJM1Z7X2PROD with NOTICES
30972 Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Notices 

4 Flash External Update: Afghanistan Situation 

#13, U.N. High Commissioner for Refugees (Jan. 25, 

2022), https://reliefweb.int/report/afghanistan/ 

unhcr-regional-bureau-asia-and-pacific-rbap-flashexternal-update-afghanistan-4. 5Statement on Continuation of Assassinations, 

Kidnappings, and Destruction of Vital 

Infrastructure, U.S. Embassy in Afghanistan (Jan. 

31, 2021), https://af.usembassy.gov/statement-oncontinuation-of-assassinations-kidnappings-anddestruction-of-vital-infrastructure/. 6Afghanistan Facing Famine, Human Rights 

Watch (Nov. 11, 2021), https://www.hrw.org/news/ 

2021/11/11/afghanistan-facing-famine#. 7 In the grip of hunger: Only 5 percent of Afghan 

families have enough to eat, World Food 

Programme, Sept. 23, 2021, https://www.wfp.org/ 

stories/grip-hunger-only-5-percent-afghan-familieshave-enough-eat (last visited May 3, 2022). 

8Afghanistan: Economic Roots of the 

Humanitarian Crisis, Human Rights Watch (Mar. 1, 

2022), https://www.hrw.org/news/2022/03/01/

afghanistan-economic-roots-humanitarian-crisis. 

9Afghanistan: A Fifth of Starving Families 

sending Children to Work as Incomes Plummet in 

Past Six Months, Save the Children (Feb.14, 2022), 

https://www.savethechildren.net/news/afghanistanfifth-starving-families-sending-children-workincomes-plummet-past-six-months. 

10U.S. Embassy in Afghanistan Security Message: 

Suspension of Operations, U.S. Dep’t of State (Aug. 

31, 2021), https://af.usembassy.gov/securitymessage-suspension-of-operations/. 

11Taliban imposing ‘horrifying’ human rights 

curbs, UN chief warns, Aljazeera (Aug. 13, 2021), 

https://www.aljazeera.com/news/2021/8/13/ 

afghanistan-taliban-horrifying-human-rights-curbsun. 

12Afghan Women and Girls: Status and 

Congressional Action, Congressional Research 

Service, p. 1, updated Aug. 18, 2021, https://

crsreports.congress.gov/product/pdf/IF/IF11646 

(last visited May 3, 2022). 

13Afghanistan: Taliban Deprive Women of 

Livelihoods, Identity, Human Rights Watch (Jan 18, 

2022), https://www.hrw.org/news/2022/01/18/ 

afghanistan-taliban-deprive-women-livelihoodsidentity#. 

14Heather Barr, Taliban Close Girls’ Secondary 

Schools in Afghanistan, Again, Human Rights 

Watch (Mar. 23, 2022), https://www.hrw.org/news/ 

2022/03/23/taliban-close-girls-secondary-schoolsafghanistan-again. 

15Sahar Fetrar and Heather Barr, Dress 

Restrictions Tighten for Afghanistan Girls’ Schools, 

Human Rights Watch (Apr. 27, 2022), https://

www.hrw.org/news/2022/04/27/dress-restrictionstighten-afghanistan-girls-schools#:∼:text=After

%20taking%20over%20Afghanistan%20in,reopen

%20all%20schools%20in%20March. 

16 Four Ways to Support Girls’ Access to 

Education in Afghanistan, Human Rights Watch 

(Mar. 20, 2022), https://www.hrw.org/news/2022/ 

03/20/four-ways-support-girls-access-educationafghanistan (last visited May 4, 2022). 

18 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 Apr. 25, 

2022). 

Refugees reported that there were 

approximately 3.4 million conflictinduced, internally displaced persons in 

Afghanistan.4 Afghanistan also faces 

significant challenges due to the 

intentional destruction of vital 

infrastructure. Numerous countries, 

including the United States, have 

condemned the continuation of 

assassinations, kidnappings, and 

destruction of vital infrastructure which 

harm the Afghan people and contribute 

to an insecure environment in which 

terrorist and criminal groups are free to 

operate.5 Economic ramifications of the 

August 2021 Taliban takeover include 

‘‘millions of dollars in lost income, 

spiking prices, a liquidity crisis, and 

shortages of cash.’’ 6 Since the Taliban 

takeover of Afghanistan, rising prices, 

increasing unemployment, and a drop 

in the value of the local currency have 

exacerbated food insecurity trends 7

resulting in a deepening and 

increasingly deadly humanitarian crisis 

with 95 percent of households 

experiencing insufficient food 

consumption and food insecurity.’’ 8 A 

survey of 1,400 households across seven 

provinces of Afghanistan found that 

since August 2021, more than 80 

percent of Afghans have lost income, 

with about a third having lost all their 

household income and about 25 percent 

reporting that they have lost more than 

half 9 On August 31, 2021, the United 

States suspended operations at the U.S. 

Embassy in Kabul, Afghanistan.10

United Nations Secretary-General 

Anto ́nio Guterres has expressed that he 

is deeply disturbed by early indications 

that the Taliban are imposing severe 

restrictions on the exercise of human 

rights, particularly targeting women and 

journalists.11 Since August 2021, the 

status of women and girls has become 

‘‘increasingly precarious,’’ 12 and new 

research shows the devastating impact 

that Taliban rule has had on Afghan 

women and girls.13 For instance, on 

March 21, 2022, the Taliban promised to 

reopen all schools in Afghanistan, 

ending their seven-month de-facto ban 

on girls attending secondary school, but, 

two days later, the Taliban reversed this 

decision, announcing that girls’ 

secondary schools were to remain 

closed indefinitely until the Taliban put 

in place policies they said were 

compliant with ‘‘principles of Islamic 

law and Afghan culture,’’ including 

further restrictions on girls’ attire.14

Human Rights Watch reports that the 

Taliban have instituted aban on girls’ 

secondary education,15 and the 

education system is at risk of collapse 

due to the economic crisis in the 

country.16

As of March 16, 2022, approximately 

368 F–1 nonimmigrant students from 

Afghanistan (or individuals having no 

nationality who last habitually resided 

in Afghanistan) are enrolled at SEVPcertified U.S. academic institutions. 

Given the extent of the current situation 

in Afghanistan, affected students whose 

primary means of financial support 

comes from Afghanistan may need to be 

exempt from the normal student 

employment requirements to continue 

their studies in the United States. The 

current situation has made it unfeasible 

for many students to safely return to 

Afghanistan for the foreseeable future. 

Without employment authorization, 

these students may lack the means to 

meet basic living expenses.17

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 offcampus employment authorization 

under this notice must remain registered 

for a minimum of six semester or 

quarter hours of instruction per 

academic term. 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) 

and (F). A graduate-level F–1 

nonimmigrant student who receives oncampus or off-campus employment 

authorization under this notice must 

remain registered for a minimum of 

three semester or quarter hours of 

instruction per academic term. See 8 

CFR 214.2(f)(5)(v). Nothing in this 

notice affects the applicability of other 

minimum course load requirements set 

by the academic institution. 

In addition, an F–1 nonimmigrant 

student (either undergraduate or 

graduate) granted on-campus or offcampus employment authorization 

under this notice may count up to the 

equivalent of one class or three credits 

per session, term, semester, trimester, or 

quarter of online or distance education 

toward satisfying this minimum course 

load requirement, unless the course of 

study is in an English language study 

program.18 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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Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Notices 30973 

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

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 citizen of Afghanistan, 

regardless of country of birth (or an 

individual having no nationality who 

last habitually resided in Afghanistan), 

who already has on-campus or offcampus employment authorization and 

is otherwise eligible may benefit under 

this notice, which suspends certain 

regulatory requirements relating to the 

minimum course load requirement 

under 8 CFR 214.2(f)(6)(i) 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 ‘‘offcampus,’’ depending upon the type of 

employment authorization the student 

already has] employment authorization and 

reduced course load under the Special 

Student Relief authorization from [DSO must 

insert the beginning date of the notice or the 

beginning date of the student’s employment, 

whichever date is later] until [DSO must 

insert either the student’s program end date, 

the current EAD expiration date (if the 

student is currently authorized for offcampus employment), or the end date of this 

notice, whichever 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’’ 19 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. See 8 CFR 

214.2(f)(5)(v) and (f)(6)(i)(F). 

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) and (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. 

Will an F–2 dependent (spouse or 

minor child) of an F–1 nonimmigrant 

student covered by this notice be 

eligible 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, consistent with 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 into 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 certain F– 

1 nonimmigrant students who meet the 

following conditions: 

(1) Are citizens of Afghanistan 

regardless of country of birth (or 

individuals having no nationality who 

last habitually resided in Afghanistan); 

(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 

situation in Afghanistan. 

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 situation in 

Afghanistan). 

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 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 from 

Afghanistan enrolled in kindergarten 

through grade 12 at a private school, or 

grades 9 through 12 at a public high 

school. Such students must maintain 

the minimum number of hours of class 

attendance per week prescribed by the 

academic institution for normal progress 

toward graduation, as required under 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 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. 

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: 


khammond on DSKJM1Z7X2PROD with NOTICES
30974 Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Notices 

20See 8 CFR 214.2(f)(6). 

21The 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. 

22See 8 CFR 214.2(f)(6). 

23The 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. 24See 8 CFR 214.2(f)(6). 

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 situation in 

Afghanistan. An F–1 nonimmigrant 

student authorized by the 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 

full-time employment on-campus when 

school is not in session or during school 

vacations apply, as described in 8 CFR 

214.2(f)(9)(i). 

Will an F–1 nonimmigrant student who 

receives on-campus employment 

authorization under this notice have 

authorization to reduce the normal 

course load and still maintain his or 

her F–1 nonimmigrant student status? 

Yes. DHS will deem an F–1 

nonimmigrant student who receives oncampus employment authorization 

under this notice to be engaged in a 

‘‘full course of study’’ 20 for the purpose 

of maintaining their F–1 nonimmigrant 

student status for the duration of the oncampus employment, if the student 

satisfies the minimum course load 

requirement described in this notice, 

consistent with 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 

academic institution’s minimum course 

load requirement for continued 

enrollment.21

Off-Campus Employment Authorization 

What regulatory requirements does this 

notice temporarily suspend relating to 

off-campus employment? 

For an F–1 nonimmigrant student 

covered by this notice, as provided 

under 8 CFR 214.2(f)(9)(ii)(A), the 

Secretary is suspending the following 

regulatory requirements relating to offcampus employment: 

(a) The requirement that a student 

must have been in F–1 nonimmigrant 

student status for one full academic year 

to be eligible for off-campus 

employment; 

(b) The requirement that an F–1 

nonimmigrant student must 

demonstrate that acceptance of 

employment will not interfere with the 

student 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 the school is in session; and 

(d) The requirement that the student 

demonstrate that employment under 8 

CFR 214.2(f)(9)(i) is unavailable or 

otherwise insufficient to meet the needs 

that have arisen as a result of the 

unforeseen circumstances. 

Will an F–1 nonimmigrant student who 

receives off-campus employment 

authorization under this notice have 

authorization to reduce the normal 

course load and still maintain F–1 

nonimmigrant status? 

Yes. DHS will deem an F–1 

nonimmigrant student who receives offcampus employment authorization by 

means of this notice to be engaged in a 

‘‘full course of study’’ 22 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, consistent with 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 such a reduced 

course load would not meet the school’s 

minimum course load requirement.23

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 situation in Afghanistan. Filing 

instructions are located at: https://

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 offcampus employment authorization due 

to severe economic hardship must 

demonstrate the following to the 

student’s DSO: 

(1) This employment is necessary to 

avoid severe economic hardship; and 

(2) The hardship is a direct result of 

the current situation in Afghanistan. 

If the DSO agrees that the F–1 

nonimmigrant student is entitled to 

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 an 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’’ 24 at the 

time of the request for employment 

authorization; 

(b) The F–1 nonimmigrant student is 

a citizen of Afghanistan regardless of 

country of birth (or an individual having 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Notices 30975 

25See 8 CFR 214.2(f)(5)(v). 

26See DHS Study in the States, Special Student 

Relief, https://studyinthestates.dhs.gov/students/ 

special-student-relief (last visited Apr. 25, 2022). 27See 8 CFR 214.2(f)(6). 

no nationality who last habitually 

resided in Afghanistan), and is 

experiencing severe economic hardship 

as a direct result of the current situation 

in Afghanistan, 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 this notice 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; 25 and 

(d) The off-campus employment is 

necessary to alleviate severe economic 

hardship to the individual as a direct 

result of the current situation in 

Afghanistan. 

Processing. To facilitate prompt 

adjudication of the student’s application 

for off-campus employment 

authorization under 8 CFR 

214.2(f)(9)(ii)(C), the F–1 nonimmigrant 

student should do both of the following: 

(a) Ensure that the application 

package includes all of the following 

documents: 

(1) A completed Form I–765; 

(2) The required fee or properly 

documented fee waiver request, as 

defined in 8 CFR 103.7(c); and 

(3) A signed and dated copy of the 

student’s Form I–20 with the 

appropriate DSO recommendation, as 

previously described in this notice; and 

(b) Send the application in an 

envelope 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 (TPS) 

Considerations 

Can an F–1 nonimmigrant student 

apply for TPS and for benefits under 

this notice at the same time? 

Yes. An F–1 nonimmigrant student 

who has not yet applied for TPS or for 

other relief that reduces the student’s 

course load per term and permits an 

increased number of work hours per 

week, such as Special Student Relief,26

under this notice has two options: 

Under the first option, the 

nonimmigrant student may apply for 

TPS according to the instructions in the 

USCIS notice announcing the 

designation of Afghanistan 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 F–1 

nonimmigrant students want to obtain a 

new EAD based on their TPS 

application that is valid through 

November 20, 2023, and to be eligible 

for automatic EAD extensions that may 

be available to EADs with an A–12 or 

C–19 category code, they must file Form 

I–765 and pay the Form I–765 fee (or 

request a fee waiver). After receiving the 

TPS-related EAD, an F–1 nonimmigrant 

student may request that their DSO 

make the required entry in SEVIS, issue 

an updated Form I–20, as described in 

this notice, and notate that the 

nonimmigrant student has been 

authorized to carry a reduced course 

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

nonimmigrant student maintains the 

minimum course load described in this 

notice, does not otherwise violate their 

nonimmigrant status, including as 

provided under 8 CFR 214.1(g), and 

maintains TPS, then the student 

maintains F–1 status and TPS 

concurrently. 

Under the second option, the 

nonimmigrant student may apply for an 

EAD under Special Student Relief by 

filing 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 Form I– 

821 according to the instructions 

provided in the Federal Register Notice 

designating Afghanistan for TPS. If the 

F–1 nonimmigrant student already has 

applied for employment authorization 

under Special Student Relief, they are 

not required to submit the Form I–765 

as part of the TPS application. However, 

some nonimmigrant students may wish 

to obtain a TPS 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 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, 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’’ 27 unless or until the 

nonimmigrant student receives 

employment authorization under this 

notice. TPS-related employment 

authorization, by itself, does not 

authorize a nonimmigrant student to 

drop below twelve credit hours, or 

otherwise applicable minimum 

requirements (e.g., clock hours for 

language students). Once approved for 

Special Student Relief employment 

authorization, the F–1 nonimmigrant 

student may drop below twelve credit 

hours, or otherwise applicable 

minimum requirements (with a 

minimum of six semester or quarter 

hours of instruction per academic term 

if at the undergraduate level, or for 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), (f)(6), and (f)(9)(i) and (ii). 

How does a student who has received 

a TPS-related EAD 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 situation in Afghanistan. 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. 


khammond on DSKJM1Z7X2PROD with NOTICES
30976 Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Notices 

28Because 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 November 20, 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 May 2, 2022). 

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. Regulations permit certain 

students who fall out of F–1 

nonimmigrant student status to apply 

for reinstatement. See 8 CFR 

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

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

load before publication of this notice, 

and, therefore, fell out of student status. 

The 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 November 20, 2023,28 to eligible 

F–1 nonimmigrant students. DHS will 

continue to monitor the current 

situation in Afghanistan. Should the 

special provisions authorized by this 

notice need modification or extension, 

DHS will announce such changes in the 

Federal Register. 

Paperwork Reduction Act (PRA) 

An F–1 nonimmigrant student seeking 

off-campus employment authorization 

due to severe economic hardship 

resulting from the current situation in 

Afghanistan 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. 2022–10886 Filed 5–19–22; 8:45 am] 

BILLING CODE 9111–28–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Citizenship and Immigration 

Services 

[CIS No. 2709–21; DHS Docket No. USCIS– 

2022–0004] 

RIN 1615–ZB94 

Designation of Afghanistan for 

Temporary Protected Status 

AGENCY: U.S. Citizenship and 

Immigration Services (USCIS), 

Department of Homeland Security 

(DHS). 

ACTION: Notice of Temporary Protected 

Status (TPS) designation. 

SUMMARY: Through this notice, the 

Department of Homeland Security 

(DHS) announces that the Secretary of 

Homeland Security (Secretary) is 

designating Afghanistan for Temporary 

Protected Status (TPS) for 18 months, 

effective May 20, 2022, through 

November 20, 2023. This designation 

allows eligible Afghan nationals (and 

individuals having no nationality who 

last habitually resided in Afghanistan) 

who have continuously resided in the 

United States since March 15, 2022, and 

who have been continuously physically 

present in the United States since May 

20, 2022 to apply for TPS. 

DATES:

Designation of Afghanistan for TPS: 

The 18-month designation of 

Afghanistan for TPS is effective on May 

20, 2022 and will remain in effect for 18 

months, through November 20, 2023. 

Registration: The registration period 

for eligible individuals to submit TPS 

applications begins May 20, 2022 and 

will remain in effect through November 

20, 2023. 

ADDRESSES: For further information on 

TPS, including guidance on the 

registration process and additional 

information on eligibility, please visit 

the USCIS TPS web page at uscis.gov/ 

tps. You can find specific information 

about Afghanistan’s TPS designation by 

selecting ‘‘Afghanistan’’ from the menu 

on the left side of the TPS web page. 

If you have additional questions about 

TPS, please visit uscis.gov/tools. Our 

online virtual assistant, Emma, can 

answer many of your questions and 

point you to additional information on 

our website. If you are unable to find 

your answers there, you may also call 

our USCIS Contact Center at 800–375– 

5283 (TTY 800–767–1833). 

Applicants seeking information about 

the status of their individual cases may 

check Case Status Online, available on 

the USCIS website at uscis.gov, or visit 

the USCIS Contact Center at uscis.gov/ 

contactcenter. 

Further information will also be 

available at local USCIS offices upon 

publication of this notice. 

FOR FURTHER INFORMATION CONTACT: You 

may contact Rena ́ Cutlip-Mason, Chief, 

Humanitarian Affairs Division, Office of 

Policy and Strategy, U.S. Citizenship 

and Immigration Services, Department 

of Homeland Security, by mail at 5900 

Capital Gateway Drive, Camp Springs, 

MD 20746, or by phone at 800–375– 

5283. 

SUPPLEMENTARY INFORMATION: 

Table of Abbreviations 

BIA—Board of Immigration Appeals 

CFR—Code of Federal Regulations 

DHS—U.S. Department of Homeland 

Security 

DOS—U.S. Department of State 

EAD—Employment Authorization Document 

FNC—Final Nonconfirmation 

Form I–765—Application for Employment 

Authorization 

Form I–797—Notice of Action (Approval 

Notice) 

Form I–821—Application for Temporary 

Protected Status 

Form I–9—Employment Eligibility 

Verification 

Form I–912—Request for Fee Waiver 

Form I–94—Arrival/Departure Record 

FR—Federal Register 

Government—U.S. Government 

IER—U.S. Department of Justice, Civil Rights 

Division, Immigrant and Employee Rights 

Section 


khammond on DSKJM1Z7X2PROD with NOTICES