[Federal Register Volume 87, Number 42 (Thursday, March 3, 2022)]
[Notices]
[Pages 12182-12189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04570]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Immigration and Customs Enforcement
[Docket No. ICEB-2022-0003]
RIN 1653-ZA24
Employment Authorization for South Sudanese F-1 Nonimmigrant
Students Experiencing Severe Economic Hardship as a Direct Result of
the Current Humanitarian Crisis in South Sudan
AGENCY: U.S. Immigration and Customs Enforcement, Department of
Homeland Security.
ACTION: Notice.
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[[Page 12183]]
SUMMARY: This notice announces that the Secretary of Homeland Security
(Secretary) is suspending certain regulatory requirements for F-1
nonimmigrant students whose country of citizenship is the Republic of
South Sudan (South Sudan), regardless of country of birth (or
individuals having no nationality who last habitually resided in South
Sudan), and who are experiencing severe economic hardship as a direct
result of the humanitarian crisis in South Sudan. The Secretary is
taking action to provide relief to these South Sudanese students who
are lawful F-1 nonimmigrant students so the students may request
employment authorization, work an increased number of hours while
school is in session, and reduce their course load while continuing to
maintain their F-1 nonimmigrant student status. The Department of
Homeland Security (DHS) will deem an F-1 nonimmigrant student who
receives employment authorization by means of this notice to be engaged
in a ``full course of study'' for the duration of the employment
authorization, if the nonimmigrant student satisfies the minimum course
load requirement described in this notice.
DATES: This F-1 notice is effective March 3, 2022, through November 3,
2023.
FOR FURTHER INFORMATION CONTACT: Sharon Snyder, Unit Chief, Policy and
Response Unit, Student and Exchange Visitor Program, MS 5600, U.S.
Immigration and Customs Enforcement, 500 12th Street SW, Washington, DC
20536-5600; email: [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 his 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 South Sudan, regardless of
country of birth (or individuals having no nationality who last
habitually resided in South Sudan), who are present in the United
States in lawful F-1 nonimmigrant student status on the date of
publication of this notice, and who are experiencing severe economic
hardship as a direct result of the humanitarian crisis in South Sudan
due to many years of armed conflict leading to the destruction of
people's livelihoods. Effective with this publication, suspension of
the employment limitations is available through November 3, 2023, for
those who are in lawful F-1 nonimmigrant status. DHS will deem an F-1
nonimmigrant student granted employment authorization through the
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 3, 2023, provided the student satisfies the minimum
course load requirements in this notice. DHS also considers students
who engage in online coursework pursuant to U.S. Immigration and
Customs Enforcement (ICE) coronavirus disease 2019 (COVID-19)
guidance for nonimmigrant students to be in compliance with
regulations while such guidance remains in effect. See ICE Guidance
and Frequently Asked Questions on COVID-19, Nonimmigrant Students &
SEVP-Certified Schools: Frequently Asked Questions, https://www.ice.gov/coronavirus (last visited Feb. 2022).
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Who is covered by this notice?
This notice applies exclusively to F-1 nonimmigrant students who
meet all of the following conditions:
(1) Are a citizen of South Sudan regardless of country of birth (or
an individual having no nationality who last habitually resided in
South Sudan);
(2) Were lawfully present in the United States in F-1 nonimmigrant
status under section 101(a)(15)(F)(i) of the Immigration and
Nationality Act (INA), 8 U.S.C. 1101(a)(15)(F)(i), on the date of
publication of this notice;
(3) Are enrolled in an academic institution that is Student and
Exchange Visitor Program (SEVP)-certified for enrollment for F-1
nonimmigrant students;
(4) Are maintaining F-1 nonimmigrant status; and
(5) Are experiencing severe economic hardship as a direct result of
the humanitarian crisis in South Sudan.
This notice applies to F-1 nonimmigrant students in an approved
private school in kindergarten through grade 12, public school in
grades 9 through 12, and undergraduate and graduate education. An F-1
nonimmigrant student covered by this notice who transfers to another
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 South Sudanese F-1
nonimmigrant students experiencing severe economic hardship as a result
of the humanitarian crisis in South Sudan. DHS has reviewed country
conditions in South Sudan. Based on the review, including input
received from the U.S. Department of State (DOS), DHS is taking action
to allow eligible F-1 nonimmigrant students from South Sudan, 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.
Since February 2020, limited implementation of the September 2018
Revitalized Agreement on the Resolution of the Conflict (R-ARCSS) ``has
hindered improvements in the protection of civilians and prospects for
long-term peace'' in South Sudan.\2\ Moreover, ongoing political
disputes and disagreements between the two main signatories--the Sudan
People's Liberation Movement (SPLM), led by the President Salva Kiir
Mayardit, and the Sudan People's Liberation Movement-Army in Opposition
(SPLM/A-IO), led by the First Vice-President, Riek Machar Teny--``has
widened existing political, military and ethnic divisions in the
country and has led to multiple incidents of violence'' between the two
parties.\3\ In addition, political divisions among the non-signatories
\4\ to the R-ARCSS have made it more difficult to negotiate a
comprehensive peace.\5\ Moreover, the SPLM/A-IO has also begun to break
apart and new splinter groups have formed,\6\ resulting in increased
violence.\7\
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\2\ Rep. of the Panel of Experts on South Sudan (2020),
transmitted by Letter dated 14 April 2021 from the Panel of Experts
on South Sudan Established Pursuant to Resolution 2206 (2015)
Concerning South Sudan to the President of the Security Council, at
2, UN Doc. S/2021/365 (Apr. 15, 2021) (hereinafter Panel of Experts
on South Sudan).
\3\ Id.
\4\ Previously united under one umbrella group--the South Sudan
Opposition Movements Alliance--non-signatories of the R-ARCSS have
divided into two factions, one led by General Thomas Cirillo Swaka,
the leader of the National Salvation Front (NAS), and another led by
General Pagan Amum and General Paul Malong Awan Anei. See id. at 9.
\5\ See id.
\6\ Id. at 11.
\7\ Dan Watson, Surface Tension: `Communal' Violence and Elite
Ambitions in South Sudan, Armed Conflict Location & Event Data,
(Aug. 19, 2021). https://acleddata.com/2021/08/19/surface-tension-communal-violence-and-elite-ambitions-in-south-sudan/.
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In June 2021, the United Nations (UN) reported that ``the overall
[[Page 12184]]
implementation of the R-ARCSS is progressing slowly.'' \8\ Political
gridlock over implementation of the political and security aspects of
the R-ARCSS have also contributed to insecurity in South Sudan.\9\ The
UN further assessed that weak or absent State governance has allowed
``perennial communal and ethnic cleavages,'' while entrenched
insecurity contributes to a vicious cycle of livestock raiding and
subsequent food insecurity. A weakened rule of law and flagging
economic conditions have resulted in increased criminality and the
targeting of humanitarian workers.\10\
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\8\ UN Security Council, Marking a Decade of Independence, South
Sudan Faces Slow Progress, Lingering Violence, Secretary-General's
Special Representative Tells Security Council, UN Office for the
Coordination of Humanitarian Affairs (OCHA) Services, June 22, 2021.
https://reliefweb.int/report/south-sudan/marking-decade-independence-south-sudan-faces-slow-progress-lingering-violence.
\9\ Panel of Experts on South Sudan, supra note 3, at 2.
\10\ Marking a Decade of Independence, South Sudan Faces Slow
Progress, Lingering Violence, Secretary-General's Special
Representative Tells Security Council, supra.
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South Sudan continues to face increased violence \11\ from
government security forces and armed groups.\12\ In 2020, the United
Nations (UN) and international organizations reported on ``widespread
killings, mutilations, and sexual violence, disproportionately
committed by government forces but also by the National Salvation Front
(NAS), a key opposition group.'' \13\ In February 2021, the UN
Commission on Human Rights in South Sudan noted that armed clashes at
the local level also resulted in the mass displacement of the civilian
population, particularly women and girls.\14\ Children are among those
feeling the greatest impact of this violence, exposing them to
protection risks and life-threatening diseases.\15\ Moreover, sexual
violence--including rape, gang rape, abduction, sexual slavery, and
sexual mutilation remain ``consistent features of the conflict in South
Sudan since 2013, and are now being replicated in conflict at the local
level.'' \16\
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\11\ Id.
\12\ Panel of Experts on South Sudan, supra note 3 at 15.
\13\ U.S. Dep't of State, 2020 Country Reports on Human Rights
Practices: South Sudan (Mar. 31, 2021). https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/south-sudan/.
\14\ Rep. of the Comm. on Human Rights in South Sudan, at 14, UN
Doc. A/HRC/46/53 (Feb. 4, 2021). https://www.ecoi.net/en/file/local/2046934/A_HRC_46_53_E.pdf.
\15\ UN Children's Fund (UNICEF), South Sudan Humanitarian
Situation Report No. 163: 1-30, UNICEF, Dec. 30, 2021, pg. 2. UNICEF
South Sudan Humanitarian Situation Report No. 163: 1-30 November
2021--South Sudan [bond] ReliefWeb.
\16\ Rep. of the Comm. on Human Rights in South Sudan, supra
note 13, at 14.
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In addition, humanitarian organizations continue to face security
and bureaucratic barriers that affect the delivery and access of
humanitarian aid and pose ``serious personal risks to aid workers.''
\17\ Access is difficult due to flooding, violence, and Coronavirus
Disease 2019 (COVID-19) restrictions. As a result, South Sudan is also
facing ``one of the direst food crises the country has faced since its
independence in 2011.'' \18\ Moreover, chronic food shortages, a
deepening economic crisis, insecurity, and limited agricultural
production led to high levels of acute malnutrition.\19\ South Sudan's
health care infrastructure remains inadequate.\20\ Facilities are
limited and often inaccessible and facing staffing shortages amongst
ongoing insecurity and violence.\21\
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\17\ Panel of Experts on South Sudan, supra note 3, at 16.
\18\ Id. at 15.
\19\ UN Office for the Coordination of Humanitarian Affairs
(UNOCHA), South Sudan Humanitarian Fund Annual Report 2020, July 6,
2021, pg. 7. https://reliefweb.int/report/south-sudan/south-sudan-humanitarian-fund-annual-report-2020.
\20\ World Health Organization (WHO), South Sudan--Strengthening
primary health care in fragile settings, WHO Newsroom, May 20, 2021.
https://www.who.int/news-room/feature-stories/detail/south-sudan-2021.
\21\ Id.
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The United States Agency for International Development (USAID)
estimates that over 8 million people in South Sudan need humanitarian
assistance and 2 million people are internally displaced. In addition,
over 800,000 people have been affected by floods and more than 2
million are refugees in neighboring countries.\22\
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\22\ U.S. Agency for International Development, South Sudan--
Crisis, Fact Sheet #2 Fiscal Year 2022, OCHA Services, Jan. 19,
2022. https://reliefweb.int/report/south-sudan/south-sudan-complex-emergency-fact-sheet-2-fiscal-year-fy-2022.
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The lack of adequate financial resources and logistical support for
the unification, training, and deployment of the South Sudan armed
forces, as outlined in the R-ARCSS, remains a significant security
challenge.\23\ A key component of the R-ARCSS is the long-term
garrisoning (cantonment), registration, screening, selection, training
and redeployment of opposition forces and the creation of a unified
army of 83,000 soldiers. South Sudanese military cantonment sites and
training centers \24\ have made little progress in establishing an
unified force, further contributing to a security vacuum in the
country.\25\ Security forces in the few cantonment sites often lack
access to basic services, such as food, water, sanitation and health
care.\26\ In addition, the proliferation and availability of small
amounts of ammunition across South Sudan \27\ has ``enabled armed
groups not associated with government security forces, such as local
militias and cattle-raiding groups, to perpetuate instability'' in the
country.\28\
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\23\ Report of the Commission on Human Rights in South Sudan,
supra note 13, at 4.
\24\ Report of the Commission on Human Rights in South Sudan, UN
Doc, A/HRC/43/56 Jan. 31, 2020, pg. 6. https://www.ecoi.net/en/file/local/2025863/A_HRC_43_56_E.pdf.
\25\ Rep. of the Comm. on Human Rights in South Sudan, supra
note 13, at 3 (Feb. 4, 2021).
\26\ Id at 4.
\27\ Panel of Experts on South Sudan, supra note 3, at 21.
\28\ Id.
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DOS noted in its 2020 Country Report on Human Rights Practices for
South Sudan that there were reports that the government, or its agents,
committed numerous arbitrary or unlawful killings. Likewise, security
forces, opposition forces, armed militias affiliated with the
government and the opposition, and ethnically based groups reportedly
were also responsible for widespread extrajudicial killings.\29\
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\29\ 2020 Country Reports on Human Rights Practices (https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/): South Sudan, supra note 12.
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Moreover, in 2020, ongoing violence in Jonglei and the Greater
Pibor Administration Area was ``the worst recorded since the outbreak
of the national conflict in South Sudan in December 2013, with waves of
attacks and reprisals that left hundreds of South Sudanese women, men
and children dead, maimed or destitute.'' \30\ In February 2021, the UN
assessed that ``gross human rights violations and abuses amounting to
serious violations of international humanitarian law were committed in
the context of localized conflicts by armed militias affiliated to the
primary parties in conflict--the SSPDF [South Sudan People's Defence
Forces] and SPL[M]A-IO.'' \31\ In 2021, Upper Nile, Warrap, Lakes,
Central Equatoria, and Western Equatoria states were particularly
affected by violence ``resulting in displacement, increased protection
risks and rights violations, as well as diminished humanitarian
access.'' \32\
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\30\ Rep. of the Comm. on Human Rights in South Sudan supra note
13, at 7.
\31\ Id at 9.
\32\ UN Security Council, Situation in South Sudan, UN Doc. S/
2021/784, Sept. 9, 2021, pg. 4. https://www.ecoi.net/en/file/local/2060682/S_2021_784_E.pdf.
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Violence Against Children
Children in South Sudan continued to be victims of what the Office
of the Special Representative of the Secretary General for Children and
Armed
[[Page 12185]]
Conflict refers to as ``grave violations'' against children,\33\
including forced recruitment, abduction, maiming and killing, and
sexual violence.\34\ According to the United Nations Security Council's
2021 Children and Armed Conflict in South Sudan report, children were
recruited by the SPLM/A-IO, the SSPDF, and the South Sudan National
Police Service.\35\ In addition, hundreds of girls and boys continue to
be abducted in South Sudan \36\ for forced labor and/or forced military
recruitment, and increased sexual violence.\37\ Child abuse, including
sexual abuse, was reportedly also widespread in South Sudan.\38\ Child
rape occurred frequently in the context of child, early, and forced
marriage, and within the commercial sex industry in urban centers;
armed groups also perpetrated it.\39\
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\33\ To better monitor, prevent, and end these attacks, the
United Nations Security Council has identified and condemned six
grave violations against children in times of war: Killing and
maiming of children; recruitment or use of children in armed forces
and armed groups; attacks on schools or hospitals; rape or other
grave sexual violence; abduction of children; and denial of
humanitarian access for children, Office of the Special
Representative of the Secretary General for Children and Armed
Conflict, The Six Grave Violations, UN, https://childrenandarmedconflict.un.org/six-grave-violations/ (last visited
on Feb. 9, 2022).
\34\ UN Security Council, Children and Armed Conflict in South
Sudan, UN Doc. A/75/873-S/2021/437, May 6, 2021, pg. 21. https://www.un.org/ga/search/view_doc.asp?symbol=S/2021/437&Lang=E&Area=UNDOC.
\35\ Id.
\36\ Rep. of the Comm. on Human Rights in South Sudan, supra
note 13, at 7 (Feb. 4, 2021).
\37\ Human Rights Division United Nations Mission in South
Sudan, Brief on Violence Affecting Civilians, Sept. 1, 2021, pg. 2.
https://unmiss.unmissions.org/sites/default/files/unmiss_hrd_third_quarterly_brief_2021.pdf.
\38\ 2020 Country Reports on Human Rights Practices, supra, sec.
5.
\39\ Id.
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Sexual and Gender-Based Violence
Sexual and gender-based violence remains high. As a of September
2020, South Sudan had seen an estimated 88 percent increase in the
number of women victims of conflict-related sexual violence since the
previous quarter and a 119 percent rise in the number of abductions
since the previous quarter.\40\
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\40\ Rep. of the Comm. on Human Rights in South Sudan, supra
note 13, at 13 (Feb. 4, 2021).
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In addition, rural communities often abducted women and children
during cattle raids.\41\ Girls who are abducted have been reportedly
``forced into sexual slavery, tortured and repeatedly gang raped.''
\42\ Perpetrators of forced marriage and sexual violence include
security forces, community-based militias, civil defense groups, and
other armed groups.\43\
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\41\ 2020 Country Reports on Human Rights Practices, supra,
section 5.
\42\ Rep. of the Comm. on Human Rights in South Sudan, supra
note 13, at 7.
\43\ UN Refugee Agency, Position on Returns to South Sudan,
UNHCR, October 2021, pg. 7. https://www.refworld.org/pdfid/617676f04.pdf.
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Food Insecurity and Floods
South Sudan remains one of the most food-insecure countries in the
world.\44\ The overall food security situation deteriorated towards the
end of 2020.\45\ This deteriorating security situation and COVID-19-
related restrictions have hampered humanitarian organizations' ability
to deploy and respond to medical and other emergency needs in the
area.\46\ Between April and July 2021, an estimated 7.2 million people,
60 percent of the population, faced high levels of acute food
insecurity.\47\ Malnutrition in particular remains a pressing issue in
South Sudan, with approximately 1.9 million women and children acutely
malnourished.\48\ Malnutrition levels among children under five years
of age are above emergency thresholds in many parts of the country, and
1.4 million children are estimated to be acutely malnourished.\49\ The
main factors driving food insecurity and malnourishment are the ongoing
conflict, flooding, and COVID-19.\50\ Moreover, COVID-19 mitigation
efforts also disrupted access to supply chains for commercial and
humanitarian assistance, further affecting food insecurity.\51\
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\44\ South Sudan Humanitarian Fund Annual Report 2020, supra,
pg. 7.
\45\ Id.
\46\ European Commission's Directorate-General for European
Civil Protection and Humanitarian Aid Operations, South Sudan--
Violence, Floods, Displacement in Jonglei, ECHO Daily Flash, August
11, 2020. https://reliefweb.int/report/south-sudan/south-sudan-violence-floods-displacement-jonglei-dg-echo-ocha-media-echo-daily.
\47\ Situation in South Sudan, supra, pg. 6.
\48\ World Food Programme (WFP), South Sudan Situation Report,
WFP Situation Report No. 296, October 29, 2021, pg.1. https://reliefweb.int/report/south-sudan/wfp-south-sudan-situation-report-296-29-october-2021.
\49\ Situation in South Sudan, supra, pg. 6.
\50\ South Sudan Humanitarian Fund Annual Report 2020, supra,
pg. 7.
\51\ Id.
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Flooding has also taken its toll. In October 2021, the World Food
Programme reported that South Sudan faced a third year of unprecedented
flooding.\52\ The flooding was exacerbated by standing water from major
floods in the previous two years, most of which had not fully
receded.\53\ The most recent flooding has led to ``widespread
displacement, destruction of livelihoods and contamination of water
sources, compounding existing insecurity issues in many regions.'' \54\
The floods also destroyed crops and loss of livestock and created a
breeding ground for life-threatening waterborne diseases, including
typhoid and cholera.\55\
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\52\ WFP South Sudan Situation Report, supra, pg.1.
\53\ REACH Initiative, South Sudan: Flooding Trends in Counties
of Particular Concern of Food Insecurity, December 2021, Situation
Report, Jan. 11, 2022, pg. 2. https://reliefweb.int/report/south-sudan/south-sudan-flooding-trends-counties-particular-concern-food-insecurity-december.
\54\ Id. at 1.
\55\ Rep. of the Comm. on Human Rights in South Sudan, supra
note 13, at 11.
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Healthcare and COVID-19
Access to healthcare is an issue especially during the COVID-19
pandemic. In August 2020, the United Nations High Commissioner for
Refugees (UNHCR) reported that ``about 56 percent of South Sudan's
population does not have access to primary healthcare services.'' \56\
In addition, less than 2 percent of South Sudan's national budget is
spent on healthcare,\57\ resulting in poorly equipped health facilities
with limited staff.\58\ South Sudan also continues to face ``regular
outbreaks of infectious diseases like measles, water-borne diseases
such as diarrhea and Hepatitis E virus, and vector-borne diseases like
malaria and yellow fever,'' in addition to the impact of the COVID-19
pandemic.\59\
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\56\ UN Human Rights Office of the High Commissioner, Renewed
Violence and Delayed Implementation of the Peace Agreement Severely
Threaten Peace and Stability in South Sudan, UN Experts Note, UNHCR
Press Release, August 14, 2020. https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=26167&LangID=E.
\57\ World Health Organization, South Sudan--Strengthening
Primary Health Care in Fragile Settings, WHO Newsroom, May 20, 2021.
https://www.who.int/news-room/feature-stories/detail/south-sudan-2021.
\58\ UNOCHA, South Sudan Humanitarian Needs Overview 2021,
Humanitarian Programme Cycle 2021, Jan. 2021, pg. 12. https://www.ecoi.net/en/file/local/2045425/south_sudan_2021_humanitarian_needs_overview.pdf.
\59\ World Health Organization, Strengthening Public Health
Surveillance And Response Using the Third Edition Integrated Disease
Surveillance and Response Guidelines in South Sudan, WHO Press
Release, November 27, 2021. https://reliefweb.int/report/south-sudan/strengthening-public-health-surveillance-and-response-using-third-edition.
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Economic Situation
According to the World Bank, South Sudan is facing ``concurrent
setbacks in the economy'' due to rising poverty, food insecurity and a
resurgence of
[[Page 12186]]
conflict.\60\ Moreover, falling global oil prices have also affected
South Sudan's oil revenues.\61\ South Sudan's economy is heavily oil-
dependent, with oil accounting for 90 percent of government revenue and
nearly all exports.\62\ This situation has caused a ``great percentage
of South Sudanese people to lose their sources of livelihood and has
left some communities facing catastrophic needs.'' \63\ Moreover,
urgent and essentials measures to manage the COVID-19 pandemic,
``worsened economic conditions, disrupting livelihoods and affecting
vulnerable households' access to markets, food and adequate income.''
\64\
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\60\ The World Bank, South Sudan Economic Update, June 2021:
Pathways to Sustainable Food Security, OCHA Services, July 2, 2021.
https://reliefweb.int/report/south-sudan/south-sudan-economic-update-june-2021-pathways-sustainable-food-security.
\61\ Id.
\62\ South Sudan Humanitarian Needs Overview 2021 supra, pg. 12.
\63\ South Sudan Economic Update, June 2021: Pathways to
Sustainable Food Security, supra.
\64\ Food and Agriculture Organization of the United Nations,
South Sudan Humanitarian Response Plan, OCHA Services, May 2021, pg.
2. https://reliefweb.int/report/south-sudan/south-sudan-humanitarian-response-plan-2021.
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Approximately 107 F-1 nonimmigrant students from South Sudan are
enrolled in courses at SEVP-certified U.S. academic institutions as of
January 13, 2022. Given the extent of the humanitarian crisis in South
Sudan, affected students whose primary means of financial support comes
from South Sudan may need to be exempt from the normal student
employment requirements to continue their studies in the United States.
The humanitarian crisis has made it unfeasible for many students to
safely return to South Sudan 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.\65\ 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.
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\65\ 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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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.\66\ See 8 CFR 214.2(f)(6)(i)(G). An F-1 nonimmigrant student
attending an approved private school in kindergarten through grade 12
or public school in grades 9 through 12 must maintain ``class
attendance for not less than the minimum number of hours a week
prescribed by the school for normal progress toward graduation,'' as
required under 8 CFR 214.2(f)(6)(i)(E). Nothing in this notice affects
the applicability of federal and state labor laws limiting the
employment of minors.
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\66\ DHS considers students who are compliant with ICE
coronavirus disease 2019 (COVID-19) guidance for nonimmigrant
students to be in compliance with regulations while such COVID-19
guidance remains in effect. See ICE Guidance and Frequently Asked
Questions on COVID-19, https://www.ice.gov/coronavirus (last visited
Feb. 2022).
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May an eligible F-1 nonimmigrant student who already has on-campus or
off-campus employment authorization benefit from the suspension of
regulatory requirements under this notice?
Yes. An F-1 nonimmigrant student who is a South Sudan citizen,
regardless of country of birth (or an individual having no nationality
who last habitually resided in South Sudan), 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)(A) and (B) and certain employment eligibility
requirements under 8 CFR 214.2(f)(9). Such an eligible F-1 nonimmigrant
student may benefit without having to apply for a new Form I-766,
Employment Authorization Document (EAD). To benefit from this notice,
the F-1 nonimmigrant student must request that the designated school
official (DSO) enter the following statement in the remarks field of
the student's Student and Exchange Visitor Information System (SEVIS)
record, which the student's Form I-20, Certificate of Eligibility for
Nonimmigrant (F-1) Student Status, will reflect:
Approved for more than 20 hours per week of [DSO must insert
``on-campus'' or ``off-campus,'' depending upon the type of
employment authorization the student already has] employment
authorization and reduced course load under the Special Student
Relief authorization from [DSO must insert the beginning date of the
notice or the beginning date of the student's employment, whichever
date is later] until [DSO must insert either the student's program
end date, the current EAD expiration date (if the student is
currently authorized for off-campus employment), or the end date of
this notice, whichever date comes first].
Must the F-1 nonimmigrant student apply for reinstatement after
expiration of this special employment authorization if the student
reduces his or her ``full course of study''?
No. DHS will deem an F-1 nonimmigrant student who receives and
comports with the employment authorization permitted under this notice
to be engaged in a ``full course of study'' \67\ 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.\68\ 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 they are otherwise
maintaining F-1 nonimmigrant status.
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\67\ See 8 CFR 214.2(f)(6).
\68\ 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).
[[Page 12187]]
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 the
effective date of this notice in the Federal Register?
No. The suspension of the applicability of the standard regulatory
requirements only applies to F-1 nonimmigrant students who meet the
following conditions:
(1) Are citizens of South Sudan, regardless of country of birth (or
individuals having no nationality who last habitually resided in South
Sudan);
(2) Were lawfully present in the United States in F-1 nonimmigrant
status under section 101(a)(15)(F)(i) of the INA, 8 U.S.C.
1101(a)(15)(F)(i), on the date of publication of this notice;
(3) Are enrolled in an academic institution that is SEVP-certified
for enrollment of F-1 nonimmigrant students;
(4) Are maintaining F-1 nonimmigrant status; and
(5) Are experiencing severe economic hardship as a direct result of
the humanitarian crisis in South Sudan.
An F-1 nonimmigrant student who does not meet all these
requirements is ineligible for the suspension of the applicability of
the standard regulatory requirements (even if experiencing severe
economic hardship as a direct result of the humanitarian crisis in
South Sudan).
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 in order to continue their 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 South Sudan enrolled in
private kindergarten through grade 12, or public-school grades 9
through 12. Such 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 from South Sudan enrolled in an elementary school, middle
school, or high school may benefit from the suspension of the
requirement in 8 CFR 214.2(f)(9)(i) that limits on-campus employment to
20 hours per week while school is in session. Nothing in this notice
affects the applicability of federal and state labor laws limiting the
employment of minors.
On-Campus Employment Authorization
Will an F-1 nonimmigrant student who receives on-campus employment
authorization under this notice be authorized to work more than 20
hours per week while school is in session?
Yes. For an F-1 nonimmigrant student covered in this notice, the
Secretary is suspending the applicability of the requirement in 8 CFR
214.2(f)(9)(i) that limits an F-1 nonimmigrant student's on-campus
employment to 20 hours per week while school is in session. An eligible
F-1 nonimmigrant student has authorization to work more than 20 hours
per week while school is in session, if the DSO has entered the
following statement in the remarks field of the SEVIS student record,
which will be reflected on the student's Form I-20:
Approved for more than 20 hours per week of on-campus employment
and reduced course load, under the Special Student Relief
authorization from [DSO must insert the beginning date of this
notice or the beginning date of the student's employment, whichever
date is later] until [DSO must insert the student's program end date
or the end date of this notice, whichever date comes first].
To obtain on-campus employment authorization, the F-1 nonimmigrant
student must demonstrate to the DSO that the employment is necessary to
avoid severe economic hardship directly resulting from the humanitarian
crisis in South Sudan. An F-1 nonimmigrant student authorized by the
student's DSO to engage in on-campus employment by means of this notice
does not need to file any applications with U.S. Citizenship and
Immigration Services (USCIS). The standard rules permitting full-time
employment on-campus when school is not in session or during school
vacations apply. 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 their F-1 nonimmigrant 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'' \69\ 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. 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.\70\
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\69\ See 8 CFR 214.2(f)(6).
\70\ 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 status for one full academic year in order 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 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.
[[Page 12188]]
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'' \71\ 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. See 8 CFR 214.2(f)(6)(i)(F).
However, the authorization for reduced course load is solely for DHS
purposes of determining valid F-1 nonimmigrant 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.\72\
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\71\ See 8 CFR 214.2(f)(6).
\72\ 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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How may an eligible F-1 nonimmigrant student obtain employment
authorization for off-campus employment with a reduced course load
under this notice?
An F-1 nonimmigrant student must file a Form I-765, Application for
Employment Authorization, with USCIS to apply for off-campus employment
authorization based on severe economic hardship directly resulting from
the humanitarian crisis in South Sudan. 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, Application for Employment Authorization. See
www.uscis.gov/feewaiver. The submission must include an explanation
about why USCIS should grant the fee waiver and the reason(s) for the
inability to pay, and any evidence to support the reason(s). See 8 CFR
103.7(c).
Supporting documentation. An F-1 nonimmigrant student seeking off-
campus employment authorization due to severe economic hardship must
demonstrate the following to the DSO:
(1) This employment is necessary to avoid severe economic
hardship; and
(2) The hardship is a direct result of the humanitarian crisis
in South Sudan.
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 the
student's Form I-20:
Recommended for off-campus employment authorization in excess of
20 hours per week and reduced course load under the Special Student
Relief authorization from the date of the USCIS authorization noted
on Form I-766 until [DSO must insert the program end date or the end
date of this notice, whichever date comes first].
The F-1 nonimmigrant student must then file the properly endorsed
Form I-20 and Form I-765, according to the instructions for the Form I-
765. The F-1 nonimmigrant student may begin working off campus only
upon receipt of the EAD from USCIS.
DSO recommendation. In making a recommendation that a 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'' \73\ at the time of the request
for employment authorization;
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\73\ See 8 CFR 214.2(f)(6).
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(b) The F-1 nonimmigrant student is a South Sudan citizen,
regardless of country of birth (or an individual having no nationality
who last habitually resided in South Sudan), and is experiencing severe
economic hardship as a direct result of the humanitarian crisis in
South Sudan, 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 the student is 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
humanitarian crisis in South Sudan.
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
described in 8 CFR 103.7(c); and
(3) A signed and dated copy of the student's Form I-20 with the
appropriate DSO recommendation, as previously described in this notice;
and
(b) Send the application in an envelope which is clearly marked on
the front of the envelope, bottom right-hand side, with the phrase
``SPECIAL STUDENT RELIEF.'' Failure to include this notation may result
in significant processing delays.
If USCIS approves the student's Form I-765, USCIS will send the
student a Form I-766 EAD as evidence of employment authorization. The
EAD will contain an expiration date that does not exceed the end of the
granted temporary relief.
Temporary Protected Status Considerations
Can an F-1 nonimmigrant student apply for temporary protected status
(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 increased number of work hours per week, such as Special Student
Relief,\74\ under this notice has two options.
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\74\ See DHS Study in the States, Special Student Relief,
https://studyinthestates.dhs.gov/students/special-student-relief
(last visited Feb. 2022).
---------------------------------------------------------------------------
Under the first option, the nonimmigrant student may file the TPS
application according to the instructions in the USCIS notice
designating South Sudan for TPS published elsewhere in this issue of
the Federal Register. All TPS applicants must file a Form I-821,
Application for Temporary Protected Status with the appropriate fee (or
request a fee waiver). Although not required to do so, if an F-1
nonimmigrant student wants to obtain a new EAD based on their TPS
application that is valid through November 3, 2023, and to be eligible
for automatic EAD extensions 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 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
[[Page 12189]]
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 South Sudan for TPS. The F-1
nonimmigrant student already has applied for employment authorization
under Special Student Relief, and may choose not 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 automatic extensions that may
be available to certain EADs with an A-12 or C-19 category code. The
nonimmigrant student should check the appropriate box when filling out
Form I-821 to indicate whether a TPS-related EAD is being requested.
Again, so long as the nonimmigrant student maintains the minimum course
load described in this notice and does not otherwise violate the
student's nonimmigrant status, included as provided under 8 CFR
214.1(g), the nonimmigrant will be able to maintain compliance
requirements for F-1 nonimmigrant student status while having TPS.
When a student applies simultaneously for TPS and benefits under this
notice, what is the minimum course load requirement while an
application for employment authorization is pending?
The F-1 nonimmigrant student must maintain normal course load
requirements for a ``full course of study'' \75\ 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 for 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), (f)(6), and (f)(9)(i)
and (ii).
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\75\ 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 with USCIS if a student has
been approved for a TPS-related EAD. The F-1 nonimmigrant student must
demonstrate and provide documentation to the DSO of the direct economic
hardship resulting from the humanitarian crisis in South Sudan. 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 3, 2023 \76\ to
eligible F-1 nonimmigrant students. DHS will continue to monitor the
situation in South Sudan. 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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\76\ 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 3, 2023, provided the student satisfies the minimum
course load requirement in this notice. DHS also considers students
who engage in online coursework pursuant to ICE coronavirus disease
2019 (COVID-19) guidance for nonimmigrant students to be in
compliance with regulations while such guidance remains in effect.
See ICE Guidance and Frequently Asked Questions on COVID-19,
Nonimmigrant Students & SEVP-Certified Schools: Frequently Asked
Questions, https://www.ice.gov/coronavirus (last visited Feb. 2022).
---------------------------------------------------------------------------
Paperwork Reduction Act (PRA)
An F-1 nonimmigrant student seeking off-campus employment
authorization due to severe economic hardship resulting from the
humanitarian crisis in South Sudan must demonstrate to the DSO that
this employment is necessary to avoid severe economic hardship. A DSO
who agrees that a nonimmigrant student should receive such employment
authorization must recommend an application approval to USCIS by
entering information in the remarks field of the student's SEVIS
record. The authority to collect this information is in the SEVIS
collection of information currently approved by the Office of
Management and Budget (OMB) under OMB Control Number 1653-0038.
This notice also allows an eligible F-1 nonimmigrant student to
request employment authorization, work an increased number of hours
while the academic institution is in session, and reduce their course
load while continuing to maintain F-1 nonimmigrant student status.
To apply for employment authorization, certain F-1 nonimmigrant
students must complete and submit a currently approved Form I-765
according to the instructions on the form. OMB has previously approved
the collection of information contained on the current Form I-765,
consistent with the PRA (OMB Control No. 1615-0040). Although there
will be a slight increase in the number of Form I-765 filings because
of this notice, the number of filings currently contained in the OMB
annual inventory for Form I-765 is sufficient to cover the additional
filings. Accordingly, there is no further action required under the
PRA.
Alejandro Mayorkas,
Secretary, U.S. Department of Homeland Security.
[FR Doc. 2022-04570 Filed 3-2-22; 8:45 am]
BILLING CODE 9111-28-P