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 Department of Homeland Security U.S. Citizenship and Immigration Services 8 CFR Part 214
[CIS No. 2369-05; Docket No. USCIS-2005-0022]
RIN 1615-ZA31
 AGENCY: U.S. Citizenship and Immigration Services, DHS.
 ACTION: Notice of temporary rule suspension.
 SUMMARY: This document informs the public of the suspension of certain regulatory requirements for a specific group of F-1 nonimmigrant students who were enrolled in academic institutions located in areas that have been adversely affected by Hurricane Katrina. F-1 students who are granted short-term employment authorization pursuant to this document will be deemed to be engaged in a “full course of study” for the duration of their employment authorization, provided such students satisfy the minimum course load requirement set forth in this document.
 DATES: This document is effective November 25, 2005, and will remain in effect until February 1, 2006.
 FOR FURTHER INFORMATION CONTACT: Alanna Ow, Adjudications Officer, Office of Program and Regulations Development, U.S. Citizenship and Immigration Services, Department of Homeland Security, 111 Massachusetts Avenue NW, 3rd Floor, Washington, DC 20529, telephone (202) 272-8410.


SUPPLEMENTARY INFORMATION: What action is the Department of Homeland Security (DHS) taking under this Notice? The Secretary of Homeland Security is exercising his authority under 8 CFR 214.2(f)(9) to temporarily suspend the applicability of certain requirements governing on-campus and off-campus employment. F-1 students, who are granted employment authorization pursuant to this Notice, will be deemed to be engaged in a “full course of study” for the duration of their employment authorization, provided such students satisfy the minimum course load requirement set forth in this Notice. 
                    *See*8 CFR 214.2(f)(6)(F). 
                    ( print page 70993) Who is covered by this Notice? This Notice applies exclusively to nonimmigrant aliens admitted to the United States in F-1 classification for duration of status under section 101(a)(15)(F)(i) of the Immigration and Nationality Act (Act), who: (1) On August 29, 2005, were lawfully present in the United States in F-1 status and enrolled in an institution, which is approved by DHS for enrollment of F-1 students and located in an area adversely affected by Hurricane Katrina; (2) are currently maintaining valid F-1 status; and (3) are experiencing severe economic hardship as a direct result of Hurricane Katrina. This Notice also applies to nonimmigrant aliens admitted to the United States in F-2 classification under section 101(a)(15)(F)(ii) of the Act, who are the dependents (spouse or minor children) of F-1 students covered by this Notice, provided that the F-1 student continues to maintain F-1 status. F-1 students otherwise covered by this Notice, who transfer to other academic institutions, which are approved by DHS for enrollment of F-1 students, remain eligible for the relief provided by means of this Notice. Why is DHS taking this action? Hurricane Katrina caused loss of life, caused extensive damage to property, and has disrupted normal activities in the states of Alabama, Louisiana, and Mississippi. Certain academic institutions that are located in the affected areas are consequently unable to operate normally, or at all, during the current academic term. Approximately 5,500 F-1 students were enrolled in academic institutions located in the areas adversely affected by Hurricane Katrina. As a result of this catastrophic natural disaster, many of these F-1 students are suffering severe economic hardship resulting from, among other things, costs incurred to replace lost or damaged possessions, and/or to transfer to other academic institutions. Moreover, many of these F-1 students are experiencing difficulty in satisfying the normal regulatory requirements for maintaining valid F-1 status, which include the pursuit of a “full course of study” pursuant to 8 CFR 214.2(f)(6). DHS is taking action to provide relief to these F-1 students so they may obtain short-term employment authorization, and consequently reduce their course load. Which academic institutions are covered by this Notice? This Notice lists the specific campuses of academic institutions, which are approved by DHS for enrollment of F-1 students and located in the areas adversely affected by Hurricane Katrina. In the event that DHS, after the publication of this Notice, identifies other academic institutions, which are approved by DHS for enrollment of F-1 students and located in areas adversely affected by Hurricane Katrina, DHS will extend the relief authorized under this Notice to eligible F-1 students who were enrolled in those academic institutions on August 29, 2005. School name
Campus name
City
State
Zip codeArchdiocese of New Orleans
Academy of the Sacred Heart
New Orleans
LA
70115Archdiocese of New Orleans
Christian Brothers School
New Orleans
LA
70124Archdiocese of New Orleans
Henriette DeLille
New Orleans
LA
70126Archdiocese of New Orleans
Holy Cross
New Orleans
LA
70117Archdiocese of New Orleans
Holy Ghost
New Orleans
LA
70115Archdiocese of New Orleans
Holy Name of Jesus
New Orleans
LA
70118Archdiocese of New Orleans
Holy Rosary Academy
New Orleans
LA
70119Archdiocese of New Orleans
House of the Holy Family
New Orleans
LA
70126Archdiocese of New Orleans
Immaculate Heart of Mary
New Orleans
LA
70126Archdiocese of New Orleans
Marian Central Catholic Middle School
New Orleans
LA
70126Archdiocese of New Orleans
Our Lady of Lourdes
New Orleans
LA
70115Archdiocese of New Orleans
Resurrection of Our Lord
New Orleans
LA
70127Archdiocese of New Orleans
St. Alphonsus
New Orleans
LA
70130Archdiocese of New Orleans
St. Anthony of Padua
New Orleans
LA
70119Archdiocese of New Orleans
St. Benedict the Moor
New Orleans
LA
70126Archdiocese of New Orleans
St. David
New Orleans
LA
70117Archdiocese of New Orleans
St. Dominic
New Orleans
LA
70124Archdiocese of New Orleans
St. Frances Xavier Cabrini
New Orleans
LA
70122Archdiocese of New Orleans
St. Joan of Arc
New Orleans
LA
70118Archdiocese of New Orleans
St. Joseph Central Catholic Elementary
New Orleans
LA
70122Archdiocese of New Orleans
St. Leo the Great
New Orleans
LA
70119Archdiocese of New Orleans
St. Mary of the Angels
New Orleans
LA
70117Archdiocese of New Orleans
St. Paul the Apostle
New Orleans
LA
70126Archdiocese of New Orleans
St. Pius X
New Orleans
LA
70124Archdiocese of New Orleans
St. Raymond
New Orleans
LA
70122Archdiocese of New Orleans
St. Stephen
New Orleans
LA
70115Archdiocese of New Orleans
Stuart Hall School for Boys
New Orleans
LA
70118Archdiocese of New Orleans
Ursuline Academy
New Orleans
LA
70118Archdiocese of New Orleans
All Saints
New Orleans
LA
70114Archdiocese of New Orleans
Holy Name of Mary
New Orleans
LA
70114Archdiocese of New Orleans
Our Lady of Divine Providence
Metairie
LA
70003Archdiocese of New Orleans
Our Lady of Perpetual Help
Kenner
LA
70062Archdiocese of New Orleans
St. Angela Merici
Metairie
LA
70002Archdiocese of New Orleans
St. Benilde
Metairie
LA
70001Archdiocese of New Orleans
St. Catherine of Siena
Metairie
LA
70005Archdiocese of New Orleans
St. Christopher
Metairie
LA
70001Archdiocese of New Orleans
St. Clement of Rome
Metairie
LA
70002Archdiocese of New Orleans
St. Edward the Confessor
Metairie
LA
70001Archdiocese of New Orleans
St. Elizabeth Ann Seton
Kenner
LA
70065Archdiocese of New Orleans
St. Francis Xavier
Metairie
LA
70005Archdiocese of New Orleans
St. Louis King of France
Metairie
LA
70005Archdiocese of New Orleans
St. Mary Magdalen
Metairie
LA
70003( print page 70994)Archdiocese of New Orleans
St. Matthew the Apostle
River Ridge
LA
70123Archdiocese of New Orleans
St. Philip Neri
Metairie
LA
70003Archdiocese of New Orleans
St. Rita
Harahan
LA
70123Archdiocese of New Orleans
Immaculate Conception
Marrero
LA
70072Archdiocese of New Orleans
Our Lady of Prompt Succor
Westwego
LA
70094Archdiocese of New Orleans
St. Anthony
Gretna
LA
70053Archdiocese of New Orleans
St. Cletus
Gretna
LA
70053Archdiocese of New Orleans
St. Joseph the Worker
Marrero
LA
70072Archdiocese of New Orleans
St. Rosalie
Harvey
LA
70058Archdiocese of New Orleans
Visitation of Our Lady
Marrero
LA
70072Archdiocese of New Orleans
Our Lady of Perpetual Help
Belle Chasse
LA
70037Archdiocese of New Orleans
Our Lady of Prompt Succor
Chalmette
LA
70043Archdiocese of New Orleans
St. Louise DeMarillac
Arabi
LA
70032Archdiocese of New Orleans
St. Mark
Chalmette
LA
70043Archdiocese of New Orleans
St. Robert Bellarmine
Arabi
LA
70032Archdiocese of New Orleans
Sacred Heart of Jesus
Noco
LA
70079Archdiocese of New Orleans
St. Charles Borromeo
Destrechan
LA
70047Archdiocese of New Orleans
Ascension of Our Lord
LaPlace
LA
70068Archdiocese of New Orleans
Our Lady of Grace
Reserve
LA
70084Archdiocese of New Orleans
St. Joan of Arc
LaPlace
LA
70068Archdiocese of New Orleans
St. Peter
Reserve
LA
70084Archdiocese of New Orleans
Mary, Queen of Peace
Mandeville
LA
70471Archdiocese of New Orleans
Our Lady of Lourdes
Slidell
LA
70458Archdiocese of New Orleans
St. Margaret Mary
Slidell
LA
70458Archdiocese of New Orleans
St. Peter
Covington
LA
70433Archdiocese of New Orleans
Annunciation
Bogalusa
LA
70427Archdiocese of New Orleans
Brother Martin
New Orleans
LA
70122Archdiocese of New Orleans
Cabrini
New Orleans
LA
70119Archdiocese of New Orleans
DeLaSalle
New Orleans
LA
70115Archdiocese of New Orleans
Jesuit
New Orleans
LA
70119Archdiocese of New Orleans
Mount Carmel Academy
New Orleans
LA
70124Archdiocese of New Orleans
Redeemer-Seton
New Orleans
LA
70122Archdiocese of New Orleans
St. Augustine
New Orleans
LA
70119Archdiocese of New Orleans
St. Gerard Majella Alternative School
New Orleans
LA
70122Archdiocese of New Orleans
St. Mary's Academy
New Orleans
LA
70126Archdiocese of New Orleans
Xavier University Prep
New Orleans
LA
70115Archdiocese of New Orleans
Archbishop Chapelle
Metairie
LA
70003Archdiocese of New Orleans
Archbishop Rummel
Metairie
LA
70001Archdiocese of New Orleans
Archbishop Blenk
Gretna
LA
70053Archdiocese of New Orleans
Archbishop Shaw
Marrero
LA
70072Archdiocese of New Orleans
Immaculata
Marrero
LA
70072Archdiocese of New Orleans
Archbishop Hannan
Meraux
LA
70075Archdiocese of New Orleans
St. Charles Catholic
LaPlace
LA
70068Archdiocese of New Orleans
Pope John Paul II
Slidell
LA
70461Archdiocese of New Orleans
The Saint Paul's School
Covington
LA
70433Archdiocese of New Orleans
St. Scholastica Academy
Covington
LA
70433Bass Memorial Academy
Bass Memorial Academy
Lumberton
MS
39455Delgado Community College
Delgado Community College
New Orleans
LA
70119Dillard University
Dillard University
New Orleans
LA
70122East Central Community College
East Central Community College
Decatur
MS
39327East Mississippi Community College
Scooba Campus
Scooba
MS
39358Ecole Classique
Ecole Classique
New Orleans
LA
70112English Language Center
University of South Alabama
Mobile
AL
36688Faulkner State Community College
Faulkner State Community College
Bay Minette
AL
36507Faulkner University
Faulkner University at Mobile
Mobile
AL
36609John Curtis Christian School
John Curtis Christian School
River Ridge
LA
70123Kaplan Test Prep, a division of Kaplan, Inc
Kaplan Test Prep—New Orleans, LA
New Orleans
LA
70118Louisiana State University Health Sciences Center
Louisiana State University Health Sciences Center
New Orleans
LA
70006Loyola University New Orleans
Loyola University New Orleans
New Orleans
LA
70118Lutheran High School
Lutheran High School
Metairie
LA
70002Meridian Community College
Meridian Community College
Meridian
MS
39307Metairie Park Country Day School
Metairie Park Country Day School
Metairie
LA
70005Mississippi Gulf Coast Community College
Perkinston Campus
Perkinston
MS
39573Mississippi Gulf Coast Community College
Jefferson Davis Campus
Gulfport
MS
39507Mississippi Gulf Coast Community College
Jackson County Campus
Gautier
MS
39553Mobile County Public Schools
Division of Student Support Service
Mobile
AL
36602Mobile County Public Schools
Baker High
Mobile
AL
36608Mobile County Public Schools
Blount High
Prichard
AL
36610Mobile County Public Schools
Bryant High
Irvington
AL
36544Mobile County Public Schools
Citronelle High
Citronelle
AL
36522Mobile County Public Schools
Davidson High
Mobile
AL
36609Mobile County Public Schools
Montgomery High
Semmes
AL
36575Mobile County Public Schools
Murphy High
Mobile
Al
36606( print page 70995)Mobile County Public Schools
Rain High
Mobile
AL
36605Mobile County Public Schools
Satsuma High
Satsuma
AL
36572Mobile County Public Schools
Shaw High
Mobile
Al
36608Mobile County Public Schools
Theodore High
Theodore
AL
36582Mobile County Public Schools
Vigor High
Prichard
AL
36610Mobile County Public Schools
Williamson High
Mobile
AL
36605Modern languages Institute
Modern Languages Institute
New Orleans
LA
70130New Orleans Baptist Theological Seminary
New Orleans Baptist Theological Seminary
New Orleans
LA
70126Nicholls State University
Nicholls State University
Thibodaux
LA
70301Notre Dame Seminary
Notre Dame Seminary
New Orleans
LA
70118Nunez Community College
Nunez Community College
Chalmette
LA
70043Our Lady Holy Cross College
Our Lady Holy Cross College
New Orleans
LA
70131Picayune School District
Picayune Memorial High School
Picayune
MS
39466Remington College
Remington College
Metairie
LA
70005Reserve Christian School
Reserve Christian School
Reserve
LA
70084Ridgewood Preparatory School
Ridgewood Preparatory School
Metairie
LA
70001Riverside Academy Corporation
Riverside Academy
Reserve
LA
70084Saint Joseph Seminary College
St. Benedict
St. Benedict
LA
70457School of Urban Missions
New Orleans School of Urban Missions
Gretna
LA
70053Southeastern Baptist College
Southeastern Baptist College
Laurel
MS
39440Southeastern Louisiana University
Southeastern Louisiana University
Hammond
LA
70402Southern University at New Orleans
Southern University at New Orleans
New Orleans
LA
70126Spring Hill College
Spring Hill College
Mobile
LA
36608St. Paul's Episcopal School
St. Paul's Episcopal School
Mobile
LA
36608St. Stanislaus College Prep
St. Stanislaus College Prep
Bay St. Louis
MS
39520St. Stanislaus College Prep
Mercy Cross High School
Biloxi
MS
39530St. Stanislaus College Prep
St. John High School
Gulfport
MS
39501St. Stanislaus College Prep
Resurrection Catholic School
Pascagoula
MS
39567St. Stanislaus College Prep
Nativity, B. V. M.
Biloxi
MS
39530St. Stanislaus College Prep
Sacred Heart
Hattiesburg
MS
39401The University of Southern Mississippi
Hattiesburg Campus
Hattiesburg
MS
39406The University of Southern Mississippi
English Language Institute
Hattiesburg
MS
39406Top Garden School
Top Garden School
Irvington
AL
36544Tulane University
Tulane University
New Orleans
LA
70118United States Sports Academy
United States Sports Academy
Daphne
AL
36526University of Mobile
University of Mobile
Mobile
AL
36613University of New Orleans
University of New Orleans
New Orleans
LA
70148Unviersity of New Orleans
UNO Intensive English Language Program
New Orleans
LA
70148University of South Alabama
University of South Alabama
Mobile
AL
36688William Carey College
William Carey College
Hattiesburg
MS
39401Xavier University of Louisiana
Xavier University of Louisiana
New Orleans
LA
70125
 What regulatory requirements in 8 CFR 214.2(f)(9) does this Notice temporarily suspend? 1. On-Campus Employment For F-1 students covered by this Notice, the Secretary of Homeland Security is suspending temporarily the applicability of the requirement in 8 CFR 214.2(f)(9)(i) that limits an F-1 student to no more than 20 hours per week of on-campus employment when school is in session. 2. Off-Campus Employment For F-1 students covered by this Notice, the Secretary of Homeland Security is suspending temporarily the applicability of the following regulatory requirements: (a) The requirement in 8 CFR 214.2(f)(9)(ii)(A), that limits an F-1 student to no more than 20 hours per week of off-campus employment when school is in session; (b) the requirement in 8 CFR 214.2(f)(9)(ii)(D)(1), that requires a student to be in F-1 status for one full academic year in order to be eligible for off-campus employment; and (c) the requirement in 8 CFR 214.2(f)(9)(ii)(D)(3), that requires an F-1 student to demonstrate that acceptance of employment will not interfere with the student's carrying a full course of study. Will F-1 students who are granted employment authorization pursuant to this Notice be authorized to reduce their normal course load? Yes. Pursuant to 8 CFR 214.2(f)(6)(i)(F), F-1 students, who are granted employment authorization pursuant to this Notice, will be deemed to be engaged in a “full course of study” for the duration of their employment authorization, provided such students satisfy the minimum course load requirement set forth in this Notice. What is the minimum course load requirement set forth in this Notice? Pursuant to 8 CFR 214.2(f)(5)(v), undergraduate level F-1 students who are granted employment authorization pursuant to this Notice must remain registered for a minimum of 6 semester/quarter hours of instruction per academic term, and graduate level F-1 students who are granted employment authorization pursuant to this Notice must remain registered for a minimum of 3 semester/quarter hours of instruction per academic term. In addition, pursuant to 8 CFR 214.2(f)(6)(i)(G), F-1 students granted employment authorization pursuant to this Notice, both at the undergraduate level and the graduate level, may count the equivalent of one class or three credits per semester/quarter of on-line or distance education toward satisfying this minimum course load requirement. How may F-1 students covered by this Notice obtain employment authorization pursuant to this Notice? 1. On-Campus Employment An F-1 student covered by this Notice, who seeks to pursue on-campus employment pursuant to this Notice, 
                    ( print page 70996)
                    must demonstrate to the Designated School Official (DSO) at the academic institution where the F-1 student currently is enrolled that such employment is necessary to avoid severe economic hardship resulting from Hurricane Katrina. See 8 CFR 214.2(f)(9)(i). The DSO should sign, date, and include the following notation in the student employment box on page 3 of Form I-20: “Approved for more than 20 hours per week of on-campus employment until February 1, 2006, pursuant to Hurricane Katrina Special Student Relief.” By making this notation, the DSO certifies that the F-1 student is covered by this Notice. 2. Off-Campus Employment An F-1 student covered by this Notice, who seeks to pursue off-campus employment pursuant to this Notice, must file a complete Form I-765, Application for Employment Authorization, including required supporting documentation, with the USCIS Texas Service Center at: U.S. Citizenship and Immigration Services, Texas Service Center, P.O. Box 853062, Mesquite, TX 75815-3062. The front of the envelope, on the bottom right-hand side, should include the following notation: “HURRICANE KATRINA SPECIAL STUDENT RELIEF.” Failure to include this notation may result in significant processing delays. An application package is complete if it contains: (1) A properly completed Form I-765, Application for Employment Authorization, with the required fee or, if the F-1 student believes he or she is eligible for a waiver of this fee, a written affidavit or unsworn declaration, which requests waiver of the fee under 8 CFR 103.7(c) and explains the reasons why the student is unable to pay the prescribed fee, and (2) Form I-20 with a recommendation for off-campus employment from the DSO at the academic institution where the F-1 student is currently enrolled. See 8 CFR 214.2(f)(9)(ii)(D). The DSO should sign, date, and include the following notation in the student employment box on page 3 of Form I-20: “Approved for more than 20 hours per week of off-campus employment until February 1, 2006, pursuant to Hurricane Katrina Special Student Relief.” By making this notation, the DSO certifies that the F-1 student is covered by this Notice. If U.S. Citizenship and Immigration Services (USCIS) approves the F-1 student's Form I-765, Application for Employment Authorization, USCIS will send the student a Form I-766, Employment Authorization Document, to evidence his or her employment authorization. The Form I-766 will contain an expiration date that will not extend beyond February 1, 2006. If USCIS denies the F-1 student's Form I-765, Application for Employment Authorization, USCIS will notify the student of the decision, and the reason(s) for the denial. Is there a cut-off date for the filing of a Form I-765, Application for Employment Authorization, pursuant to this Notice? No. DHS has not established a cut-off date for the filing of a Form I-765, Application for Employment Authorization, pursuant to this Notice. Any benefits granted by means of this Notice, however, will expire no later than February 1, 2006. While USCIS will exercise its best efforts to process such applications in as prompt a manner as possible, F-1 students applying for employment authorization pursuant to this Notice should bear in mind this expiration date when submitting their Forms I-765, Applications for Employment Authorization. Will F-2 dependents (spouse or minor children) of F-1 students covered by this Notice be eligible to apply for employment authorization? No. Pursuant to 8 CFR 214.2(f)(15)(i), an F-2 dependent (spouse or minor children) of an F-1 student, may not accept employment. Will F-1 students covered by this Notice be required to apply for reinstatement after February 1, 2006? No. F-1 students, who are granted employment authorization pursuant to this Notice, will be deemed to be engaged in a “full course of study” for the duration of their employment authorization, provided such undergraduate level F-1 students remain registered for a minimum of 6 semester/quarter hours of instruction per academic term, and such graduate level F-1 students remain registered for a minimum of 3 semester/quarter hours of instruction per academic term. See 8 CFR 214.2(f)(5)(v). Such F-1 students, therefore, would not be required to apply for reinstatement under 8 CFR 214.2(f)(16) if they are otherwise maintaining F-1 status. How long will this Notice remain in effect? This Notice grants temporary relief to a specific group of F-1 students for the estimated length of the current academic term. As such, this Notice will remain in effect until February 1, 2006. During this period, DHS will continue to monitor the adverse impact of Hurricane Katrina in the affected areas to determine if modification or rescission of these special provisions is warranted. Should these special provisions be modified or rescinded prior to February 1, 2006, DHS will announce such changes in the 
                    **Federal Register**
                    . Paperwork Reduction Act The information collection requirements contained in this rule have been cleared by the Office of Management and Budget (OMB) under the provisions of the Paperwork Reduction Act. Clearance numbers for these collections are contained in 8 CFR 299.5, Display Control Numbers, and are noted herein. Form I-765, Application for Employment Authorization, OMB Control Number 1615-0040. Dated: November 17, 2005. Michael Chertoff, Secretary.


[FR Doc. 05-23309 Filed 11-23-05; 8:45 am] BILLING CODE 4410-10-P