[Federal Register Volume 87, Number 109 (Tuesday, June 7, 2022)]
[Notices]
[Pages 34701-34706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12227]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Immigration and Customs Enforcement

[Docket No. ICEB-2022-0008]
RIN 1653-ZA28


Employment Authorization for Cameroonian F-1 Nonimmigrant 
Students Experiencing Severe Economic Hardship as a Direct Result of 
the Crises in Cameroon

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) is suspending certain regulatory requirements for F-1 
nonimmigrant students whose country of citizenship is Cameroon, 
regardless of country of birth (or individuals having no nationality 
who last habitually resided in Cameroon), and who are experiencing 
severe economic hardship as a direct result of the crises in Cameroon. 
The Secretary is taking action to provide relief to these Cameroonian 
nonimmigrant students who are lawful F-1 nonimmigrant students so the 
students may request employment authorization, work an increased number 
of hours while school is in session, and reduce their course load while 
continuing to maintain 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 visa action is in effect from June 7, 2022, through 
December 7, 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#dcafb9aaac9cb5bfb9f2b8b4aff2bbb3aa"><span class="__cf_email__" data-cfemail="85f6e0f3f5c5ece6e0abe1edf6abe2eaf3">[email protected]</span></a>, telephone: (703) 603-3400. This is 
not

[[Page 34702]]

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 Cameroon regardless of country of birth (or 
individuals having no nationality who last habitually resided in 
Cameroon), 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 crises in Cameroon. Effective with this publication, suspension of 
the employment limitations is available through December 7, 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).
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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 December 7, 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 & 
SEVP-Certified Schools: Frequently Asked Questions, https://www.ice.gov/coronavirus (last visited May 10, 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 Cameroon regardless of country of birth (or an 
individual having no nationality who last habitually resided in 
Cameroon);
    (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 currently maintaining F-1 nonimmigrant status; and
    (5) Are experiencing severe economic hardship as a direct result of 
the crises in Cameroon.
    This notice applies to F-1 nonimmigrant students in an approved 
private school in kindergarten through grade 12, public school 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 action to provide relief to Cameroonian F-1 
nonimmigrant students experiencing severe economic hardship due to the 
crises in Cameroon. Based on its review of country conditions in 
Cameroon and input received from the U.S. Department of State on the 
emergent circumstances in Cameroon, DHS is taking action to allow 
eligible F-1 nonimmigrant students from Cameroon (or individuals having 
no nationality who last habitually resided in Cameroon) 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 ongoing violence between government forces and armed 
separatists in the English-speaking regions (Northwest and Southwest), 
as well as deadly attacks by the terrorist organization Boko Haram 
(including its breakaway faction, ISIS-West Africa and vigilante self-
defense groups in the Far North Region) continue to negatively impact 
the populations in the affected regions and beyond.\2\ Thousands of 
people have been killed in the English-speaking regions, and hundreds 
of thousands more remain in internally displaced persons camps, while 
tens of thousands have sought refuge in the neighboring country of 
Nigeria.\3\ Moreover, the government has increased restrictions on 
political opposition groups and civil society and there are reports 
that the government of Cameroon has committed human rights violations 
and abuses.\4\ The three issues--crisis in the English-speaking 
regions, instability in the Far North Region, and restrictions on 
political space and reports of human rights violations and abuse \5\--
have led to various challenges, including violence against civilians, a 
humanitarian crisis, and economic decline.\6\
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    \2\ Cameroon: Witness testimony and satellite images reveal the 
scale of devastation in Anglophone regions, Amnesty International, 
Jul. 28, 2021, available at: https://www.amnesty.org/en/latest/press-release/2021/07/cameroon-satellite-images-reveal-devastation-in-anglophone-regions/ (last visited May 10, 2022); Separatism in 
Cameroon: 5 years of violent civil war, Deutsche Welle (DW), Oct. 1, 
2021, available at: https://www.dw.com/en/separatism-in-cameroon-5-years-of-violent-civil-war/a-59369417 (last visited May 10, 2022); 
Cameroon: Nine Killed in Army Attack, Human Rights Watch, Feb. 4, 
2021, available at: https://www.hrw.org/news/2021/02/04/cameroon-nine-killed-army-attack (last visited May 10, 2022); Boko Haram 
Violence against Civilians Spiking in Northern Cameroon, Africa 
Center for Strategic Studies, Nov. 13, 2020, available at: https://africacenter.org/spotlight/boko-haram-violence-against-civilians-spiking-in-northern-cameroon/ (last visited May 10, 2022).
    \3\ Cameroon Multi-country Operations (MCO) Factsheet, UNHCR, 
Jul. 2021, available at: https://reporting.unhcr.org/sites/default/files/UNHCR%20MCO%20CAMEROON%20FACTSHEET%20%20JULY%202021.pdf (last 
visited May 10, 2022); POCs February 2022, UNHCR data portal, Feb. 
2022, available at: https://data2.unhcr.org/en/documents/download/91170 (last visited May 10, 2022); UNHCR Cameroon MCO Factsheet--
January 2022, Mar. 9, 2022, available at: https://reliefweb.int/report/cameroon/unhcr-cameroon-mco-factsheet-january-2022 (last 
visited May 10, 2022).
    \4\ 2021 Country Reports on Human Rights Practices: Cameroon, 
U.S. Department of State, 2021, available at: https://www.state.gov/reports/2021-country-reports-on-human-rights-practices/cameroon/ 
(last visited May 10, 2022); Cameroon: Key Issues and U.S. Policy, 
Congressional Research Service, Sept. 22, 2021, available at: 
https://crsreports.congress.gov/product/pdf/R/R46919/2 (last visited 
May 10, 2022).
    \5\ See generally CAMEROON 2021, Amnesty International, 2022, 
available at: https://www.amnesty.org/en/location/africa/west-and-central-africa/cameroon/report-cameroon/ (last visited May 13, 
2022); Cameroon: Boko Haram Attacks Escalate in Far North, Human 
Rights Watch, Apr. 5, 2021, available at: https://www.hrw.org/news/2021/04/05/cameroon-boko-haram-attacks-escalate-far-north (last 
visited May 13, 2022); Human Rights in Africa: Review of 2019--
Cameroon [AFR 01/1352/2020], Amnesty International, 2020, Apr. 8, 
2020, available at: https://www.ecoi.net/en/document/2028266.html 
(last visited May 13, 2022).
    \6\ The Socio-Political Crisis in the Northwest and Southwest 
Regions of Cameroon: Assessing the Economic and Social Impacts, 
World Bank Group, Jan. 2021, available at: https://documents1.worldbank.org/curated/en/795921624338364910/pdf/The-Socio-Political-Crisis-in-the-Northwest-and-Southwest-Regions-of-Cameroon-Assessing-the-Economic-and-Social-Impacts.pdf (last visited 
May 10, 2022).
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    As of April 22, 2022, approximately 1,020 F-1 nonimmigrant students 
from Cameroon (or individuals having no nationality who last habitually 
resided in Cameroon) are in the United States and are enrolled at SEVP-
certified academic institutions. Given the extent of the crises in 
Cameroon, affected

[[Page 34703]]

students whose primary means of financial support comes from Cameroon 
may need to be exempt from the normal student employment requirements 
to continue their studies in the United States. The crises have made it 
unfeasible for many students to safely return to Cameroon 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. See 8 CFR 214.2(f)(5)(v). 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 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.
    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 their course of study is in an English language 
study program.\7\ 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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    \7\ 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 
May 10, 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 Cameroonian citizen, 
regardless of country of birth (or an individual having no nationality 
who last habitually resided in Cameroon), 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) 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 
and Exchange Visitor Information System (SEVIS) student 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'' \8\ 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.\9\ 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.
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    \8\ See 8 CFR 214.2(f)(6).
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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, as required under 
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 a citizen of Cameroon regardless of country of birth (or an 
individual having no nationality who last habitually resided in 
Cameroon);
    (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 crises in Cameroon.
    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

[[Page 34704]]

severe economic hardship as a direct result of the crises in Cameroon).

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 Cameroon 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 from Cameroon 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 a 
recommendation in SEVIS and 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 crises in 
Cameroon. 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 
required under 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 on-
campus employment authorization under this notice to be engaged in a 
``full course of study'' \10\ 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, as required under 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.\11\
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    \10\ See 8 CFR 214.2(f)(6).
    \11\ The 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 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'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 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 off-
campus employment authorization by means of this notice to be engaged 
in a ``full course of study'' \12\ 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, as required under 8 CFR 
214.2(f)(6)(i)(F). However, the authorization for a reduced 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 
reduced course load would not meet the school's minimum course load 
requirement.\13\
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    \12\ See 8 CFR 214.2(f)(6).
    \13\ The 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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[[Page 34705]]

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 crises in Cameroon. 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 off-
campus 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 crises in Cameroon.
    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 making a recommendation in SEVIS and 
then entering the following statement in the remarks field of the SEVIS 
student 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'' \14\ at the time of the request 
for employment authorization;
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    \14\ See 8 CFR 214.2(f)(6).
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    (b) The F-1 nonimmigrant student is a citizen of Cameroon, 
regardless of country of birth (or an individual having no nationality 
who last habitually resided in Cameroon), and is experiencing severe 
economic hardship as a direct result of the crises in Cameroon, 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; \15\ and
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    \15\ 8 CFR 214.2(f)(5)(v).
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    (d) The off-campus employment is necessary to alleviate severe 
economic hardship to the individual as a direct result of the crises in 
Cameroon.
    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,\16\ under this notice has two options.
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    \16\ See DHS Study in the States, Special Student Relief, 
https://studyinthestates.dhs.gov/students/special-student-relief 
(last visited May 10, 2022).
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    Under the first option, the nonimmigrant student may apply for TPS 
according to the instructions in the USCIS notice designating Cameroon 
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 
December 7, 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 TPS-related 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 their 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 Cameroon for TPS. If the F-1 
nonimmigrant student has already applied for employment authorization 
under Special Student Relief, they are not required to submit the Form 
I-765 as part of the TPS application. However,

[[Page 34706]]

some nonimmigrant students may wish to obtain a TPS-related EAD in 
light of certain extensions that may be available to EADs with an A-12 
or C-19 category code. The nonimmigrant student should check the 
appropriate box when filling out Form I-821 to indicate whether 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'' \17\ 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).
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    \17\ See 8 CFR 214.2(f)(6).
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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 crises in Cameroon. 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 December 7, 2023,\18\ to 
eligible F-1 nonimmigrant students. DHS will continue to monitor the 
situation in Cameroon. 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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    \18\ 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 December 7, 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 10, 
2022).
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Paperwork Reduction Act (PRA)

    An F-1 nonimmigrant student seeking off-campus employment 
authorization due to severe economic hardship resulting from the crises 
in Cameroon 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 making a recommendation 
in SEVIS and entering information in the remarks field of the SEVIS 
student 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. 2022-12227 Filed 6-6-22; 8:45 am]
BILLING CODE 9111-28-P


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