Employment Authorization for Burmese F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of the Current Crisis in Burma (Myanmar)
| Published date | 25 May 2021 |
| Record Number | 2021-10997 |
| Section | Notices |
| Court | Homeland Security Department |
Federal Register, Volume 86 Issue 99 (Tuesday, May 25, 2021)
[Federal Register Volume 86, Number 99 (Tuesday, May 25, 2021)]
[Notices]
[Pages 28128-28132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10997]
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DEPARTMENT OF HOMELAND SECURITY
[Docket No. ICEB-2021-0004]
RIN 1653-ZA18
Employment Authorization for Burmese F-1 Nonimmigrant Students
Experiencing Severe Economic Hardship as a Direct Result of the Current
Crisis in Burma (Myanmar)
AGENCY: U.S. Immigration and Customs Enforcement (ICE); Department of
Homeland Security (DHS).
SUMMARY: This notice announces that the Secretary of Homeland Security
(Secretary) has suspended certain regulatory requirements for F-1
nonimmigrant students whose country of citizenship is Burma (regardless
of country of birth) and who are experiencing severe economic hardship
as a direct result of the current crisis in Burma. The Secretary is
taking action to provide relief to Burmese citizens who are lawful F-1
nonimmigrant students so the students may request employment
authorization, work an increased number of hours while school is in
session, and reduce their course load while continuing to maintain F-1
nonimmigrant student status. DHS will deem an F-1 nonimmigrant student
who receives employment authorization by means of this notice to be
engaged in a ``full course of study'' for the duration of the
employment authorization, if the nonimmigrant student satisfies the
minimum course load requirement described in this notice.
DATES: This F-1 Notice is effective May 25, 2021 and will remain in
effect until November 25, 2022.
FOR FURTHER INFORMATION CONTACT: Sharon Snyder, Unit Chief, Policy and
Response Unit, Student and Exchange Visitor Program; U.S. Immigration
and Customs Enforcement, 500 12th Street SW, Stop 5600, Washington, DC
20536-5600; email: [email protected], telephone: (703) 603-3400. This is
not a toll-free number. Program information is available at http://www.ice.gov/sevis/.
SUPPLEMENTARY INFORMATION:
What action is DHS taking under this notice?
The Secretary is exercising the 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 Burma (regardless of country
of birth), who are present in the United States in lawful F-1
nonimmigrant student status as of May 25, 2021, and who are
experiencing severe economic hardship as a direct result of the current
crisis in Burma. Effective with this publication, suspension of the
employment limitations is available through November 25, 2022, for
those who are in lawful F-1 nonimmigrant status as of May 25, 2021. DHS
will deem an F-1 nonimmigrant student granted 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 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 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 issued 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
25, 2022, provided they satisfy the minimum course load requirement
in this notice. DHS also considers students who engage in online
coursework pursuant to ICE coronavirus disease 2019 (COVID-19)
guidance for nonimmigrant students to be in compliance with
regulations while such guidance remains in effect. See ICE Guidance
and Frequently Asked Questions on COVID-19, available at https://www.ice.gov/coronavirus [last visited Mar. 2021].
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Who is covered by this notice?
This notice applies exclusively to F-1 nonimmigrant students who
meet all of the following conditions:
(1) Are citizens of Burma, regardless of country of birth;
(2) Were lawfully present in the United States in F-1 nonimmigrant
status on May 25, 2021, under section 101(a)(15)(F)(i) of the
Immigration and Nationality Act (INA), 8 U.S.C. 1101(a)(15)(F)(i);
(3) Are enrolled in an academic institution that is Student and
Exchange Visitor Program (SEVP)-certified for enrollment of 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 current crisis in Burma.
This notice applies to F-1 nonimmigrant students engaged in private
school (kindergarten through grade 12), public school (grades 9-12),
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?
As a result of the current crisis in Burma, the Secretary
designated Burma for Temporary Protected Status (TPS) for 18 months,
effective May 25, 2021 through November 25, 2022, based on
extraordinary and temporary conditions in Burma caused by a February
2021 military coup, which has led to continuing violence, arbitrary
detentions, use of lethal violence against peaceful protesters, and the
worsening of humanitarian conditions. DHS now is taking action to
provide relief to eligible Burmese F-1 nonimmigrant students who are
experiencing severe economic hardship as a direct result of the current
crisis in Burma. These nonimmigrant students may request employment
authorization, work an increased number of hours while school is in
session, and reduce their course load while continuing to maintain F-1
nonimmigrant student status.
DHS has reviewed conditions in Burma and determined that making
employment authorization available for eligible nonimmigrant students
is warranted due to conditions in Burma. On February 1, 2021, the
Burmese military perpetrated a coup, deposing the democratically
elected government. The military is responding to the Burmese people's
peaceful rejection of the coup with brutal repression and violence,
resulting in large-scale human rights abuses, including arbitrary
detentions and deadly force against unarmed individuals. The coup has
triggered a humanitarian crisis, including the disruption of
communications and limited access to medical care. The impacts include,
among other things, the closure of banks and interruptions of payments
and cash withdrawal systems, as well as a reported increase in prices
of basic commodities, including food, construction materials and fuel
in some areas. Among those in need of humanitarian assistance are over
330,000 people in Burma who remain internally displaced.\2\
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\2\ United Nations Office for the Coordination of Humanitarian
Affairs (UN OCHA) (February 2021) Myanmar: Humanitarian Update No.
4, available at https://reliefweb.int/sites/reliefweb.int/files/resources/OCHA%20Myanmar%20-%20Humanitarian%20Update%20-%20No.%204.pdf [last accessed Mar. 2021].
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[[Page 28129]]
As of March 11, 2021, approximately 1,634 Burmese F-1 nonimmigrant
students were physically present in the United States and enrolled in
SEVP-certified academic institutions. Given the extent of the current
crisis in Burma, affected nonimmigrant students whose primary means of
financial support comes from Burma may need to be exempt from the
normal student employment requirements to continue studying in the
United States. The current crisis has created financial barriers for
nonimmigrant students which could interfere with their ability to
financially support themselves and to return to Burma 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 set forth in this notice?
Undergraduate F-1 nonimmigrant students who receive on-campus or
off-campus employment authorization under this notice must remain
registered for a minimum of six semester or quarter hours of
instruction per academic term.\3\ A graduate-level F-1 nonimmigrant
student who receives on-campus or off-campus employment authorization
under this notice must remain registered for a minimum of three
semester or quarter hours of instruction per academic term. See 8 CFR
214.2(f)(5)(v).
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\3\ Undergraduate F-1 students enrolled in a term of different
duration must register for at least one half of the credit hours
normally required under a ``full course of study.'' See 8 CFR
214.2(f)(6)(i)(B).
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In addition, an F-1 nonimmigrant student (either undergraduate or
graduate) granted on-campus or off-campus employment authorization
under this notice may count up to the equivalent of one class or three
credits per session, term, semester, trimester, or quarter of online or
distance education toward satisfying this minimum course load
requirement, unless the course of study is in a language study
program.\4\ See 8 CFR 214.2(f)(6)(i)(G). An F-1 nonimmigrant student
attending an approved private school (kindergarten through grade 12) or
public school (grades 9-12) must maintain ``class attendance for no
less than the minimum number of hours a week prescribed by the school
for normal progress toward graduation,'' as required under 8 CFR
214.2(f)(6)(i)(E).
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\4\ DHS 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, https://www.ice.gov/coronavirus [last
visited Mar.2021].
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May an eligible F-1 nonimmigrant student who already has on-campus or
off-campus employment authorization benefit from the suspension of
regulatory requirements under this notice?
Yes. A Burmese F-1 nonimmigrant student who already has on-campus
or off-campus employment authorization and is otherwise eligible may
benefit under this notice, which suspends regulatory requirements
relating to the minimum course load requirement under 8 CFR
214.2(f)(6)(i)(A) and (B) and the employment eligibility requirements
under 8 CFR 214.2(f)(9) as specified in this notice. 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, F-1 nonimmigrant students must request that their
designated school official (DSO) enter the following statement in the
remarks field of that student's Student and Exchange Visitor
Information System (SEVIS) record so the students' Form I-20,
Certificate of Eligibility for Nonimmigrant (F-1) Student Status
reflects:
Approved for more than 20 hours per week of [DSO must insert
``on-campus'' or ``off-campus,'' depending upon the type of
employment authorization the student already has] employment
authorization and reduced course load under the Special Student
Relief authorization from [DSO must insert the beginning date of the
notice or the beginning date of the student's employment, whichever
date is later] until [DSO must insert either the student's program
end date, the current EAD expiration date (if the student is
currently authorized for off-campus employment), or the end date of
this notice, whichever comes first].
Must the F-1 nonimmigrant student apply for reinstatement after
expiration of this special employment authorization if the student
reduces the ``full course of study''?
No. DHS will deem an F-1 nonimmigrant student who receives and
comports with the employment authorization permitted under this notice
to be engaged in a ``full course of study'' for the duration of the
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.\5\ See 8 CFR 214.2(f)(5)(v) and (f)(6)(i)(F). DHS will
not require such students to apply for reinstatement under 8 CFR
214.2(f)(16) if otherwise maintaining F-1 nonimmigrant student status.
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\5\ Undergraduate F-1 nonimmigrant students enrolled in a term
of different duration must register for at least one half of the
credit hours normally required under a ``full course of study.'' See
8 CFR 214.2(f)(6)(i)(B).
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Will an F-2 dependent (spouse or minor child) of an F-1 nonimmigrant
student covered by this notice be eligible to apply for employment
authorization?
No. An F-2 spouse or minor child of an F-1 nonimmigrant student is
not authorized to work in the United States and, therefore, may not
accept employment under the F-2 nonimmigrant status. See 8 CFR
214.2(f)(15)(i).
Will the suspension of the applicability of the standard student
employment requirements apply to an individual who receives an initial
F-1 visa and makes an initial entry in the United States after
publication of this notice in the Federal Register?
No. The suspension of the applicability of the standard regulatory
requirements only applies to those F-1 nonimmigrant students who meet
the following conditions:
(1) Are citizens of Burma, regardless of country of birth;
(2) Were lawfully present in the United States in F-1 nonimmigrant
status on May 25, 2021, under section 101(a)(15)(F)(i) of the INA, 8
U.S.C. 1101(a)(15)(F)(i);
(3) Are enrolled in an academic institution that is SEVP-certified
for enrollment 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 current crisis in Burma.
An F-1 nonimmigrant student who does not meet all of these
requirements is ineligible for the suspension of the applicability of
the standard regulatory requirements under this notice (even if
experiencing severe economic hardship as a direct result of the current
crisis in Burma).
[[Page 28130]]
Does this notice apply to a continuing F-1 nonimmigrant student who
departs the United States after publication 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 a nonimmigrant student, but only
if the DSO has properly notated the 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 private school (kindergarten through grade 12) or
public school (grades 9-12) F-1 nonimmigrant students. Such Burmese
students must maintain the minimum number of hours of class attendance
per week prescribed by the academic institution for normal progress
toward graduation. See 8 CFR 214.2(f)(6)(i)(E). The suspension of
certain regulatory requirements related to employment through this
notice is applicable to all eligible F-1 nonimmigrant students
regardless of educational level. Eligible F-1 nonimmigrant students
covered by this notice who are enrolled in an elementary school, middle
school, or high school do benefit from the suspension of the
requirement in 8 CFR 214.2(f)(9)(i) that limits on-campus employment to
20 hours per week while school is in session. Nothing in this notice
affects the applicability of federal and state labor laws limiting the
employment of minors.
On-Campus Employment Authorization
Will an F-1 nonimmigrant student who receives on-campus employment
authorization under this notice be authorized to work more than 20
hours per week while school is in session?
Yes. For an F-1 nonimmigrant student covered by this notice, the
Secretary is suspending the applicability of the requirement in 8 CFR
214.2(f)(9)(i) that limits an F-1 nonimmigrant student's on-campus
employment to 20 hours per week while school is in session. An eligible
nonimmigrant student has authorization to work more than 20 hours per
week while school is in session, if the DSO has entered the following
statement in the remarks field of the SEVIS student record, which will
appear on the student's Form I-20:
Approved for more than 20 hours per week of on-campus employment
and reduced course load, under the Special Student Relief
authorization from [DSO must insert the beginning date of the notice
or the beginning date of the student's employment, whichever date is
later] until [DSO must insert the student's program end date or the
end date of this notice, whichever date comes first].
To obtain on-campus employment authorization, the F-1 nonimmigrant
student must demonstrate to their DSO that the employment is necessary
to avoid severe economic hardship directly resulting from the current
crisis in Burma. A nonimmigrant student authorized by their DSO to
engage in on-campus employment by means of this notice does not need to
file with the U.S. Citizenship and Immigration Services (USCIS). The
standard rules that permit full-time employment on-campus when school
is not in session or during school vacations apply. See 8 CFR
214.2(f)(9)(i).
Will an F-1 nonimmigrant student who receives on-campus employment
authorization under this notice have authorization to reduce the normal
course load and still maintain the student's 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'' \6\ for the purpose of maintaining F-1
nonimmigrant student status for the duration of the on-campus
employment, if the student satisfies the minimum course load
requirement described in this notice. See 8 CFR 214.2(f)(6)(i)(F).
However, the authorization to reduce the normal course load is solely
for DHS purposes of determining valid F-1 nonimmigrant student status.
Nothing in this notice mandates that school officials allow an F-1
nonimmigrant student to take a reduced course load if the reduction
would not meet the school's minimum course load requirement for
continued enrollment.\7\
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\6\ See 8 CFR 214.2(f)(6).
\7\ 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 school is in session; and
(d) The requirement that the student demonstrate that the
employment under 8 CFR 214.2(f)(9)(i) is unavailable or otherwise
insufficient to meet the needs that have arisen as a result of the
unforeseen circumstances.
Will an F-1 nonimmigrant student who receives off-campus employment
authorization under this notice have authorization to reduce the normal
course load and still maintain F-1 nonimmigrant status?
Yes. DHS will deem an F-1 nonimmigrant student who receives off-
campus employment authorization by means of this notice to be engaged
in a ``full course of study'' for the purpose of maintaining F-1
nonimmigrant student status for the duration of employment
authorization if the student satisfies the minimum course load
requirement described in this notice. See 8 CFR 214.2(f)(6)(i)(F).
However, the authorization 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.\8\
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\8\ 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 28131]]
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 the severe economic hardship directly resulting
from the current crisis in Burma. Filing instructions are located at
http://www.uscis.gov/i-765.
Fee considerations. Submission of a Form I-765 currently requires
payment of a $410 fee. An applicant who is unable to pay the fee may
submit a completed Form I-912, Request for Fee Waiver, along with the
Form I-765. See www.uscis.gov/feewaiver. The submission must include an
explanation of why USCIS should grant the fee waiver and the reason(s)
for the inability to pay, and any evidence to support the reason(s).
See 8 CFR 103.7(c).
Supporting documentation. An F-1 nonimmigrant student seeking off-
campus employment authorization due to severe economic hardship must
demonstrate the following to the DSO:
(1) This employment is necessary to avoid severe economic hardship;
and
(2) The hardship is a direct result of the current crisis in Burma.
If the DSO agrees that the F-1 nonimmigrant student should receive
such employment authorization, the DSO must recommend application
approval to USCIS by entering the following statement in the remarks
field of the student's SEVIS record, which will then appear on that
student's Form I-20:
Recommended for off-campus employment authorization in excess of
20 hours per week and reduced course load under the Special Student
Relief authorization from the date of the USCIS authorization noted
on Form I-766 until [DSO must insert the students' 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 the following:
(a) The F-1 nonimmigrant student is in good academic standing and
carrying a ``full course of study'' \9\ at the time of the request for
employment authorization;
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\9\ See 8 CFR 214.2(f)(6).
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(b) The F-1 nonimmigrant student is a citizen of Burma (regardless
of country of birth) and is experiencing severe economic hardship as a
direct result of the current crisis in Burma, as documented on the Form
I-20;
(c) The F-1 nonimmigrant student has confirmed that the student
will comply with the reduced course load requirements of 8 CFR
214.2(f)(5)(v) and register for the duration of the authorized
employment for a minimum of six semester or quarter hours of
instruction per academic term if at the undergraduate level or for a
minimum of three semester or quarter hours of instruction per academic
term if at the graduate level; and
(d) The off-campus employment is necessary to alleviate severe
economic hardship to the individual as a direct result of the current
crisis in Burma.
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 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, a USCIS official will
send the student an EAD as evidence of the students' employment
authorization. The EAD will contain an expiration date that does not
exceed the end of the granted temporary relief.
Temporary Protected Status Considerations
Can an F-1 nonimmigrant student apply for TPS and for benefits under
this notice at the same time?
Yes. An F-1 nonimmigrant student who has not yet applied for TPS or
other relief that reduce the student's course load per term and permits
an increase number of work hours per week, such as Special Student
Relief,\10\ under this notice has two options.
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\10\ See DHS Study in the States, Special Student Relief,
available at https://studyinthestates.dhs.gov/students/special-student-relief [last visited Mar. 2021].
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Under the first option, the nonimmigrant student may file the TPS
application according to the instructions in the Federal Register
notice designating Burma for TPS. All TPS applicants must file a Form
I-821, Application for Temporary Protected Status (or submit a Request
for a Fee Waiver (Form I-912)). Although not required to do so, if an
F-1 nonimmigrant student wants to obtain a new EAD based on their TPS
application that is valid through November 25, 2022, and to be eligible
for 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
submit a Request for a Fee Waiver (Form I-912)). After receiving the
TPS-related EAD, an F-1 nonimmigrant student may request that the
student's DSO make the required entry in SEVIS, issue an updated Form
I-20, as described in this notice, and notate that the nonimmigrant
student has been authorized to carry a reduced course load and is
working pursuant to a TPS-related EAD. So long as the nonimmigrant
student maintains the minimum course load described in this notice,
does not otherwise violate the student's nonimmigrant status, including
as provided under 8 CFR 214.1(g), and maintains the student's TPS, then
the student maintains F-1 nonimmigrant status and TPS concurrently.
Under the second option, the nonimmigrant student may apply for an
EAD under Special Student Relief by filing the Form I-765 with the
location specified in the filing instructions. At the same time, the F-
1 nonimmigrant student may file a separate TPS application but must
submit the TPS application according to the instructions provided in
the Federal Register Notice designating Burma for TPS. Because 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 an EAD is being requested. Again, the
[[Page 28132]]
nonimmigrant will be able to maintain compliance requirements for F-1
nonimmigrant student status and TPS.
When a student applies simultaneously for TPS status 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'' \11\ 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 credit hours of instruction per
academic term if at the undergraduate level, or a minimum of three
semester or quarter credit hours of instruction per academic term if at
the graduate level). See 8 CFR 214.2(f)(5)(v), 214.2(f)(6),
214.2(f)(9)(i) and (ii).
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\11\ See 8 CFR 214.2(f)(6).
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How does a student who has received a TPS-related employment
authorization document then apply for authorization to take a reduced
course load under this notice?
There is no further application process if a student has been
approved for a TPS-related EAD. The F-1 nonimmigrant student must
demonstrate and provide documentation to the DSO of the direct economic
hardship resulting from the current crisis in Burma. 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 student status reinstatement
regulations.
How long will this notice remain in effect?
This notice grants temporary relief until November 25, 2022, to
eligible F-1 nonimmigrant students. DHS will continue to monitor the
situation in Burma. 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 must demonstrate to the
DSO that this employment is necessary to avoid severe economic
hardship. A DSO who agrees that a nonimmigrant student should receive
such employment authorization must recommend an application approval to
USCIS by entering information in the remarks field of the student's
SEVIS record. The authority to collect this information is in the SEVIS
collection of information currently approved by the Office of
Management and Budget (OMB) under OMB Control Number 1653-0038.
This notice also allows an eligible F-1 nonimmigrant student to
request employment authorization, work an increased number of hours
while the academic institution is in session, and reduce their course
load while continuing to maintain F-1 nonimmigrant student status.
To apply for employment authorization, certain F-1 nonimmigrant
students must complete and submit a currently approved Form I-765
according to the instructions on the form. OMB has previously approved
the collection of information contained on the current Form I-765,
consistent with the PRA (OMB Control No. 1615-0040). Although there
will be a slight increase in the number of Form I-765 filings because
of this notice, the number of filings currently contained in the OMB
annual inventory for Form I-765 is sufficient to cover the additional
filings. Accordingly, there is no further action required under the
PRA.
Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland Security.
[FR Doc. 2021-10997 Filed 5-24-21; 8:45 am]
BILLING CODE 9111-28-P
