Employment Authorization for Nationals of Burma F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of Current Armed Conflict and the Current Humanitarian Crisis in Burma (Myanmar)
| Published date | 25 March 2024 |
| Record Number | 2024-06096 |
| Citation | 89 FR 20675 |
| Court | U.s. Immigration And Customs Enforcement |
| Section | Notices |
Federal Register, Volume 89 Issue 58 (Monday, March 25, 2024)
[Federal Register Volume 89, Number 58 (Monday, March 25, 2024)]
[Notices]
[Pages 20675-20681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06096]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Immigration and Customs Enforcement
[Docket No. ICEB-2024-0001]
RIN 1653-ZA47
Employment Authorization for Nationals of Burma F-1 Nonimmigrant
Students Experiencing Severe Economic Hardship as a Direct Result of
Current Armed Conflict and the Current Humanitarian Crisis in Burma
(Myanmar)
AGENCY: U.S. Immigration and Customs Enforcement; Department of
Homeland Security.
ACTION: Notice.
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SUMMARY: The Department of Homeland Security is suspending certain
[[Page 20676]]
regulatory requirements for F-1 nonimmigrant students from Burma who
are experiencing severe economic hardship as a direct result of current
armed conflict and the current humanitarian crisis in Burma. The
Secretary is providing relief to these students who are in lawful F-1
nonimmigrant status, 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 status.
DATES: This action is effective May 26, 2024, through November 25,
2025.
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: [email protected], telephone: (703) 603-3400. This is
not a toll-free number. Program information can be found at https://www.ice.gov/sevis/.
SUPPLEMENTARY INFORMATION:
What action is DHS taking under this notice?
The Secretary is exercising authority under 8 CFR 214.2(f)(9) to
temporarily suspend the applicability of certain requirements governing
on-campus and off-campus employment for F-1 nonimmigrant students whose
country of citizenship is Burma regardless of country of birth (or
individuals having no nationality who last habitually resided in
Burma), 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 current
armed conflict and the current humanitarian crisis in Burma. The
original notice, which applied to F-1 nonimmigrant students who met
certain criteria, including having been lawfully present in the United
States in F-1 nonimmigrant status on May 25, 2021, was effective from
May 25, 2021, through November 25, 2022. See 86 FR 28128 (May 25,
2021). A subsequent notice provided for an extension, effective from
November 26, 2022, through May 25, 2024, and expanded the applicability
of such suspension to F-1 nonimmigrant students from Burma who were in
lawful F-1 nonimmigrant student status on September 27, 2022. See 87 FR
58509 (Sept. 27, 2022). Effective with this publication, suspension of
the employment limitations is available through November 25, 2025, for
those who are in lawful F-1 nonimmigrant status on the date of
publication of this notice. 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 November 25, 2025, provided the student satisfies the minimum
course load requirements in this notice.
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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 Burma regardless of country of birth (or an
individual having no nationality who last habitually resided in Burma);
(2) Were lawfully present in the United States on the date of
publication of this notice 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);
(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
current armed conflict and the current humanitarian crisis in Burma.
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 F-1 nonimmigrant students
from Burma experiencing severe economic hardship due to current armed
conflict and the current humanitarian crisis in Burma. Based on its
review of country conditions in Burma and input received from the U.S.
Department of State (DOS), DHS is taking action to allow eligible F-1
nonimmigrant students from Burma 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.
In the last 18 months, what has been described as a civil war \2\
has continued throughout Burma. Violent conflict impacted 315 out of
330 of Burma's townships (sub-districts).\3\ This has resulted in
thousands of civilian deaths, with the military reportedly targeting
populations thought to provide support to the resistance. So far, the
fighting has displaced over 2.5 million persons, and made life
difficult for the more than 300,000 persons who were already internally
displaced when the military coup of February 2021 occurred. Recently,
as the number of internally displaced persons in Burma surpassed two
million, the United Nations Secretary General appealed to all sides to
protect non-combatants and open access for humanitarian aid.\4\
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\2\ Council on Foreign Relations, Global Conflict Tracker: Civil
War in Myanmar, available at https://www.cfr.org/global-conflict-tracker/conflict/rohingya-crisis-myanmar (last visited Nov. 30,
2023); see also, Yun Sun, The Brookings Institution, The civil war
in Myanmar: no end in sight, Feb. 13, 2023, available at https://www.brookings.edu/articles/the-civil-war-in-myanmar-no-end-in-sight/
(last visited Nov. 30, 2023); International Crisis Group, State-
managed elections in Myanmar may lead to further violence, Mar. 28,
2023, available at https://www.crisisgroup.org/asia/south-east-asia/myanmar/stage-managed-elections-myanmar-may-lead-further-violence
(last visited Nov. 30, 2023).
\3\ The Economist, Myanmar's junta suffers startling defeats,
Nov. 16, 2023, available at: https://www.economist.com/asia/2023/11/16/myanmars-junta-suffers-startling-defeats (last visited Nov. 24,
2023); Shona Loong, International Institute for Strategic Studies,
Post-coup Myanmar in six warscapes, June 10, 2022, available at:
https://myanmar.iiss.org/analysis/introduction (last visited Nov.
24, 2023).
\4\ BBC, Myanmar junta's war against rebels displaces millions:
UN, Nov. 16, 2023, available at https://www.bbc.com/news/world-asia-67435786 (last visited Nov. 24, 2023).
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Armed Conflict
Since the military coup, an estimated 315 out of Burma's 330 sub-
districts or townships have been impacted by violence.\5\ Recently,
armed opposition groups have grown more unified and have had more
success in defeating Burma's military forces. On October 27, 2023, in
an operation termed the ``1027 offensive'', which included a coalition
of ethnic armed groups, armed
[[Page 20677]]
opposition forces launched attacks on the military junta and its allies
in northern Shan State.\6\ This resistance operation, which led to the
defeat of Burma's military forces along the Indian and Chinese borders,
has also reportedly resulted in an increase in killings of
civilians.\7\ United Nations (U.N.). agencies have reported that,
``urban areas have increasingly been affected by intense fighting and
aerial bombardment.'' \8\
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\5\ The Economist, Myanmar's junta suffers startling defeats,
Nov. 16, 2023, available at https://www.economist.com/asia/2023/11/16/myanmars-junta-suffers-startling-defeats (last visited Nov. 24,
2023); Shona Loong, International Institute for Strategic Studies,
Post-coup Myanmar in six warscapes, June 10, 2022, available at
https://myanmar.iiss.org/analysis/introduction (last visited Nov.
24, 2023).
\6\ The Economist, Myanmar's junta suffers startling defeats,
Nov. 16, 2023, available at https://www.economist.com/asia/2023/11/16/myanmars-junta-suffers-startling-defeats (last visited Nov. 24,
2023).
\7\ The Irrawaddy, Myanmar Junta Killed at Least 150 Civilians
Since Operation 1027 Launch, Nov. 17, 2023, available at https://www.irrawaddy.com/news/conflicts-in-numbers/myanmar-junta-killed-at-least-150-civilians-since-operation-1027-launch.html (last visited
Nov. 27, 2023).
\8\ UN News, Myanmar: Intense fighting spreads to cities, as
civilians seek shelter, Nov. 17, 2023, available at https://news.un.org/en/story/2023/11/1143702 (last visited Nov. 24, 2023).
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The recent fighting has displaced an additional 600,000 people,
bringing the total number of displaced persons to over two and a half
million. An estimated 70 civilians (and combatants who are out of
action) reportedly have been killed and 90 wounded during the recent
uptick in fighting.\9\ A June 2023 report, issued by the Peace Research
Institute Oslo, stated that, ``at least 6,337 civilians were reported
as killed and at least 2,614 as wounded for political reasons in
Myanmar in the twenty months between the military coup of February 2021
and September 30, 2022.'' \10\ The report emphasized that these numbers
only included persons that have been reported as being killed, and also
noted that ``politically motivated murders, not collateral killings in
connection with armed clashes, constituted the dominant form of
violence against civilians in both urban and rural areas in the 20-
month period after the coup.''
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\9\ Id.
\10\ Peace Research Institute Oslo, Counting Myanmar's Dead:
Reported Civilian Casualties since the 2021 Military Coup, Jun. 13,
2023, available at https://reliefweb.int/report/myanmar/counting-myanmars-dead-reported-civilian-casualties-2021-military-coup (last
visited Nov. 24, 2023).
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Human Rights Concerns
DOS, in its 2022 Country Reports on Human Rights Practices, said
that ``Reports of killings, disappearances, excessive use of force,
disregard for civilian life, gender-based violence, and other abuses
committed by regime security forces were common; some groups were
accused of similar abuses.'' \11\ According to the Assistance
Association for Political Prisoners (Association), as of November 27,
2023, 19,721 persons are currently in detention following the February
2021 military coup. Since then, 25,463 people have been arrested in
connection with the military coup. The Association also reported that
4,202 people, including pro-democracy activists and civilians, have
been killed by the Burma's military or associated forces.\12\ As of
February 7, 2024, the Association reported that 20,060 individuals are
currently in detention.\13\
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\11\ U.S. Dep't of State, 2022 Country Reports on Human Rights
Practices: Burma, Mar. 20, 2023, available at https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/burma/ (last
visited Nov. 24, 2023).
\12\ Assistance Association for Political Prisoners (Burma),
Daily Briefing in Relation to the Military Coup, Nov. 27, 2023,
available at https://aappb.org/?p=26812 (last visited Feb. 8, 2024).
\13\ Assistance Association for Political Prisoners (Burma),
Daily Briefing in Relation to the Military Coup, Feb. 7, 2024.
Available at https://aappb.org/?p=27376 (last visited Feb. 9, 2024).
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In the 2023 Trafficking in Persons Report for Burma, DOS indicated
that Burma's military frequently forces children to enlist to fight
against the armed resistance.\14\ In this report, DOS states that,
``The media and other local sources reported cases of the military
forcibly recruiting and using adults and children--including via
abduction and threats of death.'' \15\ This became increasing common as
Burma's military has suffered casualties, desertions, and shortages of
recruits in recent months.\16\
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\14\ U.S. Dep't of State, 2023 Trafficking in Persons Report:
Burma, June 15, 2023, available at https://www.state.gov/wp-content/uploads/2023/09/Trafficking-in-Persons-Report-2023_Introduction-V3e.pdf (last visited Jan. 8, 2024).
\15\ Id.
\16\ The Irrawaddy, Myanmar Military Administrators Forced to
Recruit for Militias, Oct. 6, 2023, available at https://www.irrawaddy.com/news/burma/myanmar-junta-administrators-forced-to-recruit-for-militias.html (last visited Nov. 27, 2023).
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Humanitarian Concerns
From May 24, 2022 to November 9, 2023, the number of persons in
Burma who have been internally displaced since the February 2021
military coup grew from an estimated 694,300, to an estimated
1,710,200, an increase of 146 percent.\17\ In the same period, the
number of persons displaced from Burma to neighboring countries
increased from an estimated 40,200, to an estimated 54,900, an increase
of 37 percent.\18\ As of November 9, 2023, the states and regions with
at least (post-coup) 40,000 displaced persons were Chin, Sagaing,
Magwe, Shan (South), Shan (North), Kayah (Karenni), and Kayin (Karen),
Bago (East), Mon and Tanintharyi.\19\ Five states and regions have over
100,000 (post-coup) displaced persons: Sagaing, Magwe, Kayah (Karenni),
Kayin (Karen) and Bago (East).\20\ An additional 306,000 people remain
displaced from before the military coup, mostly in Chin, Kachin,
Rakhine and Shan states.\21\
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\17\ U.N. High Commission for Refugees, Myanmar Emergency
Overview Map, Nov. 9, 2023, available at https://www.ecoi.net/en/file/local/2100306/231106+Myanmar+displacement+overview.pdf (last
visited Nov. 24, 2023); See also, Myanmar Emergency Overview Map,
UNHCR, May 24, 2022, available at https://www.ecoi.net/en/file/local/2073589/220523+Myanmar+displacement+overview.pdf (last visited
Nov. 28, 2023).
\18\ U.N. High Commission for Refugees, Myanmar Emergency
Overview Map, Nov. 9, 2023, available at https://www.ecoi.net/en/file/local/2100306/231106+Myanmar+displacement+overview.pdf (last
visited Nov. 24, 2023); Myanmar Emergency Overview Map, UNHCR, May
24, 2022, available at https://www.ecoi.net/en/file/local/2073589/220523+Myanmar+displacement+overview.pdf (last visited Nov. 28,
2023).
\19\ U.N. High Commission for Refugees, Myanmar Emergency
Overview Map, Nov. 9, 2023, available at https://www.ecoi.net/en/file/local/2100306/231106+Myanmar+displacement+overview.pdf (last
visited Nov. 24, 2023).
\20\ Id.
\21\ U.N. Office for the Coordination of Humanitarian Affairs,
Myanmar Humanitarian Update No. 34, Nov. 10, 2023, available at
https://reliefweb.int/report/myanmar/myanmar-humanitarian-update-no-34-10-november-2023 (last visited Nov. 28, 2023).
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The U.N. reports, additionally, that ``an estimated 77,000 civilian
properties, including houses, religious structures, education, and
health facilities, have reportedly been destroyed in areas affected by
violence, mostly across the Northwest and the Southeast, although this
data is difficult to verify.'' \22\ In May 2023, Cyclone Mocha hit
Burma, devastating parts of the country, particularly in the Rakhine
State.\23\
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\22\ Id.
\23\ BBC, Cyclone Mocha: Deadly storm hits Myanmar and
Bangladesh coasts, May 15, 2023, available at https://www.bbc.com/news/world-asia-65587321 (last visited Nov. 28, 2023).
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Economic Concerns
Economic conditions in Burma, which have deteriorated in part due
to conflict, have worsened the humanitarian crisis.\24\ Burma's economy
experienced a sharp contraction in 2021 \25\ and, while it is beginning
to recover, remains at pre-pandemic levels with conflict-related
factors inhibiting
[[Page 20678]]
growth.\26\ According to the World Bank, ``High prices and shortages
resulting from import restrictions make it difficult for many
businesses to source essential inputs, while power outages have become
prominent. Investment remains weak, with new business registrations at
a low level.''\27\ With the exception of the agriculture section,
profits have declined due to rising costs and limited activity in areas
as a result of conflict.\28\ Inflation in 2023 has declined slightly to
14.18 percent, but remains high, albeit with projections that it will
stabilize in years to come.\29\
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\24\ The Diplomat, The Unfolding Humanitarian Crisis in Myanmar,
Sep. 30, 2023, available at https://thediplomat.com/2023/09/the-unfolding-humanitarian-crisis-in-myanmar/ (last visited Nov. 29,
2023).
\25\ Reuters, Myanmar economy to remain `severely diminished'
amid conflict--World Bank, Mar. 30, 2023, available at https://
www.reuters.com/markets/asia/myanmar-economy-remain-severely-
diminished-amid-conflict-world-bank-2023-03-31/
#:~:text=The%20World%20Bank%20said%20Myanmar's,according%20to%20the%2
0World%20Bank (last visited Nov. 29, 2023).
\26\ The World Bank, Myanmar Economic Monitor June 2023: A
fragile recovery. Key Findings, June 27, 2023, available at https://www.worldbank.org/en/country/myanmar/publication/myanmar-economic-monitor-june-2023-a-fragile-recovery-key-findings (last visited Nov.
29, 2023).
\27\ Id.
\28\ Id.
\29\ Statista, Myanmar: Inflation rate from 2008 to 2028, Oct.
2023, available at https://www.statista.com/statistics/525770/inflation-rate-in-myanmar/ (last visited Nov. 29, 2023).
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As of February 23, 2024, approximately 4,135 F-1 nonimmigrant
students from Burma are enrolled at SEVP-certified academic
institutions in the United States. Given the extent of current armed
conflict and the current humanitarian crisis in Burma, affected
students whose primary means of financial support comes from Burma may
need to be exempt from the normal student employment requirements to
continue their studies in the United States. Current armed conflict and
the current humanitarian crisis has made it unfeasible for many
students to safely 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 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. 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. 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.
May an eligible F-1 nonimmigrant student who already has on-campus or
off-campus employment authorization benefit from the suspension of
regulatory requirements under this notice?
Yes. An F-1 nonimmigrant student who is a citizen of Burma,
regardless of country of birth (or an individual having no nationality
who last habitually resided in Burma), 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 their designated school official
(DSO) enter the following statement in the remarks field of the
student's Student and Exchange Visitor Information System (SEVIS)
record, which the student's Form I-20, Certificate of Eligibility for
Nonimmigrant (F-1) Student Status, will reflect:
Approved for more than 20 hours per week of [DSO must insert
``on-campus'' or ``off-campus,'' depending upon the type of
employment authorization the student already has] employment
authorization and reduced course load under the Special Student
Relief authorization from [DSO must insert the beginning date of the
notice or the beginning date of the student's employment, whichever
date is later] until [DSO must insert either the student's program
end date, the current EAD expiration date (if the student is
currently authorized for off-campus employment), or the end date of
this notice, whichever date comes first].\30\
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\30\See note 1, supra.
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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'' \31\ for the duration of
the student's employment authorization, provided that a qualifying
undergraduate level F-1 nonimmigrant student remains registered for a
minimum of six semester or quarter hours of instruction per academic
term, and a qualifying graduate level F-1 nonimmigrant student remains
registered for a minimum of three semester or quarter hours of
instruction per academic term. See 8 CFR 214.2(f)(5)(v) and
(f)(6)(i)(F). Undergraduate F-1 nonimmigrant students enrolled in a
term of different duration must register for at least one half of the
credit hours normally required under a ``full course of study.'' See 8
CFR 214.2(f)(6)(i)(B) and (F). DHS will not require such students to
apply for reinstatement under 8 CFR 214.2(f)(16) if they are otherwise
maintaining F-1 nonimmigrant status.
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\31\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 for employment
authorization?
No. An F-2 spouse or minor child of an F-1 nonimmigrant student is
not authorized to work in the United States and, therefore, may not
accept employment under the F-2 nonimmigrant status, consistent with
8CFR 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-
[[Page 20679]]
1 nonimmigrant students who meet the following conditions:
(1) Are a citizen of Burma regardless of country of birth (or an
individual having no nationality who last habitually resided in Burma);
(2) Were lawfully present in the United States on the date of
publication of this notice in F-1 nonimmigrant status, 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 of F-1 nonimmigrant students;
(4) Are maintaining F-1 nonimmigrant status; and
(5) Are experiencing severe economic hardship as a direct result of
current armed conflict and the current humanitarian crisis in Burma.
An F-1 nonimmigrant student who does not meet all these
requirements is ineligible for the suspension of the applicability of
the standard regulatory requirements (even if experiencing severe
economic hardship as a direct result of current armed conflict and the
current humanitarian crisis in Burma).
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 Burma 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
8CFR214.2(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 Burma enrolled in an elementary
school, middle school, or high school may benefit from the suspension
of the requirement in 8 CFR 214.2(f)(9)(i) that limits on-campus
employment to 20 hours per week while school is in session.
On-Campus Employment Authorization
Will an F-1 nonimmigrant student who receives on-campus employment
authorization under this notice be authorized to work more than 20
hours per week while school is in session?
Yes. For an F-1 nonimmigrant student covered in this notice, the
Secretary is suspending the applicability of the requirement in 8 CFR
214.2(f)(9)(i) that limits an F-1 nonimmigrant student's on-campus
employment to 20 hours per week while school is in session. An eligible
F-1 nonimmigrant student has authorization to work more than 20 hours
per week while school is in session if the DSO has entered the
following statement in the remarks field of the student's SEVIS 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].\32\
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\32\ See note 1, supra.
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 current armed
conflict and the current humanitarian crisis in Burma. 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 on-campus employment when
school is not in session or during school vacations apply, as described
in 8 CFR 214.2(f)(9)(i).
Will an F-1 nonimmigrant student who receives on-campus employment
authorization under this notice have authorization to reduce the normal
course load and still maintain his or her F-1 nonimmigrant student
status?
Yes. DHS will deem an F-1 nonimmigrant student who receives on-
campus employment authorization under this notice to be engaged in a
``full course of study'' \33\ 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, consistent with 8 CFR
214.2(f)(6)(i)(F). However, the authorization to reduce the normal
course load is solely for DHS purposes of determining valid F-1
nonimmigrant student status. Nothing in this notice mandates that
school officials allow an F-1 nonimmigrant student to take a reduced
course load if the reduction would not meet the academic institution's
minimum course load requirement for continued enrollment.\34\
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\33\ See 8 CFR 214.2(f)(6).
\34\ 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
[[Page 20680]]
``full course of study'' \35\ for the purpose of maintaining F-1
nonimmigrant student status for the duration of the student's
employment authorization if the student satisfies the minimum course
load requirement described in this notice, consistent with 8 CFR
214.2(f)(6)(i)(F). 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.\36\
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\35\ See 8 CFR 214.2(f)(6).
\36\ See note 34, supra.
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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
current armed conflict and the current humanitarian crisis in
Burma.\37\ Filing instructions are located at https://www.uscis.gov/i-765.
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\37\ See 8 CFR 274a.12(c)(3)(iii).
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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 https://www.uscis.gov/forms/filing-fees/additional-information-on-filing-a-fee-waiver. 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) (Oct. 1,
2020).\38\
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\38\ On January 31, 2024, DHS published a final rule that
adjusts certain fees and moves the description of the fees for the
Form I-821 and Form I-765 and the biometric services fee to 8 CFR
106.2 and the fee waiver-related regulations to 8 CFR 106.3. U.S.
Citizenship and Immigration Services Fee Schedule and Changes to
Certain Other Immigration Benefit Request Requirements, 89 FR 6194
(Jan. 31, 2024) (effective Apr. 1, 2024). Additional information
about the rule is available on the USCIS website. Frequently Asked
Questions on the USCIS Fee Rule, USCIS, https://www.uscis.gov/forms/filing-fees/frequently-asked-questions-on-the-uscis-fee-rule (last
visited Feb. 7, 2024).
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Supporting documentation. An F-1 nonimmigrant student seeking off-
campus employment authorization due to severe economic hardship must
demonstrate the following to their DSO:
(1) This employment is necessary to avoid severe economic hardship;
and
(2) The hardship is a direct result of current armed conflict and
the current humanitarian crisis in Burma.
If the DSO agrees that the F-1 nonimmigrant student is entitled to
receive such employment authorization, the DSO must recommend
application approval to USCIS by entering the following statement in
the remarks field of the student's SEVIS record, which will then appear
on that student's Form I-20:
Recommended for off-campus employment authorization in excess of 20
hours per week and reduced course load under the Special Student
Relief authorization from the date of the USCIS authorization noted
on Form I-766 until [DSO must insert the program end date or the end
date of this notice, whichever date comes first].\39\
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\39\ See note 1, supra.
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'' \40\ at the time of the request
for employment authorization;
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\40\ 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 (or an individual having no nationality who last
habitually resided in Burma), and is experiencing severe economic
hardship as a direct result of current armed conflict and the current
humanitarian 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 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; \41\ and
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\41\ 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 current armed
conflict and the current humanitarian 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 the following
documents:
(1) A completed Form I-765 with all applicable supporting evidence;
(2) The required fee or properly documented fee waiver request as
defined in 8 CFR 103.7(c) (Oct. 1, 2020); \42\ and
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\42\ See note 38, supra.
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(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.'' \43\ Failure to include this notation may
result in significant processing delays.
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\43\ Guidance for direct filing addresses can be found here:
https://www.uscis.gov/i-765-addresses.
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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,\44\ under this notice has two options.
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\44\ See DHS Study in the States, Special Student Relief,
https://studyinthestates.dhs.gov/students/special-student-relief
(last visited Oct. 10, 2023).
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Under the first option, the F-1 nonimmigrant student may apply for
TPS according to the instructions in the USCIS notice designating Burma
for TPS 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 TPS-related EAD that is valid through November 25, 2025, and to be
eligible for automatic EAD extensions
[[Page 20681]]
that may be available to certain EADs with an A-12 or C-19 category
code, they must file Form I-765 and pay the Form I-765 fee (or 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 and
issue an updated Form I-20, which notates that the nonimmigrant student
has been authorized to carry a reduced course load, as described in
this notice. As long as the F-1 nonimmigrant student maintains the
minimum course load described in this notice, does not otherwise
violate their nonimmigrant status, including as provided under 8 CFR
214.1(g), and maintains TPS, then the student maintains F-1 status and
TPS concurrently.
Under the second option, the F-1 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 Burma 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, 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 that are not available to the C-3 category under which Special
Student Relief falls. The F-1 nonimmigrant student should check the
appropriate box when filling out Form I-821 to indicate whether a TPS-
related EAD is being requested. Again, as long as the F-1 nonimmigrant
student maintains the minimum course load described in this notice and
does not otherwise violate the student's nonimmigrant status, including
as provided under 8 CFR 214.1(g), the nonimmigrant will be able to
maintain compliance requirements for F-1 nonimmigrant student status
while having TPS.
When a student applies simultaneously for TPS and benefits under this
notice, what is the minimum course load requirement while an
application for employment authorization is pending?
The F-1 nonimmigrant student must maintain normal course load
requirements for a ``full course of study'' \45\ 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 non-
traditional academic programs). Once approved for a TPS-related EAD and
Special Student Relief employment authorization, as indicated by the
DSO's required entry in SEVIS and issuance of an updated Form I-20, 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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\45\ 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 current armed conflict and the current
humanitarian 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. 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 may 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 November 25, 2025,\46\ 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.
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\46\ See note 1, supra.
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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 current
armed conflict and the current humanitarian crisis in Burma 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 Number 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. 2024-06096 Filed 3-22-24; 8:45 am]
BILLING CODE 9111-CB-P
