[Rules and Regulations]
[Page 70992-70996]
[PDF version of document]
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
8 CFR Part 214
[CIS No. 2369-05; Docket No. USCIS-2005-0022]
RIN 1615-ZA31
Short-Term Employment Authorization and Reduced Course Load for Certain F-1 Nonimmigrant Students Adversely Affected by Hurricane Katrina
AGENCY: U.S. Citizenship and Immigration Services, DHS.
ACTION: Notice of temporary rule suspension.
SUMMARY: This document informs the public of the suspension of certain
regulatory requirements for a specific group of F-1 nonimmigrant
students who were enrolled in academic institutions located in areas
that have been adversely affected by Hurricane Katrina. F-1 students
who are granted short-term employment authorization pursuant to this
document will be deemed to be engaged in a "full course of study" for
the duration of their employment authorization, provided such students
satisfy the minimum course load requirement set forth in this document.
DATES: This document is effective November 25, 2005, and will remain in
effect until February 1, 2006.
FOR FURTHER INFORMATION CONTACT: Alanna Ow, Adjudications Officer,
Office of Program and Regulations Development, U.S. Citizenship and
Immigration Services, Department of Homeland Security, 111
Massachusetts Avenue NW, 3rd Floor, Washington, DC 20529, telephone
(202) 272-8410.
SUPPLEMENTARY INFORMATION:
What action is the Department of Homeland Security (DHS) taking under
this Notice?
The Secretary of Homeland Security is exercising his authority
under 8 CFR 214.2(f)(9) to temporarily suspend the applicability of
certain requirements governing on-campus and off-campus employment. F-1
students, who are granted employment authorization pursuant to this
Notice, will be deemed to be engaged in a "full course of study" for
the duration of their employment authorization, provided such students
satisfy the minimum course load requirement set forth in this Notice.
See 8 CFR 214.2(f)(6)(F).
[[Page 70993]]
Who is covered by this Notice?
This Notice applies exclusively to nonimmigrant aliens admitted to
the United States in F-1 classification for duration of status under
section 101(a)(15)(F)(i) of the Immigration and Nationality Act (Act),
who: (1) On August 29, 2005, were lawfully present in the United States
in F-1 status and enrolled in an institution, which is approved by DHS
for enrollment of F-1 students and located in an area adversely
affected by Hurricane Katrina; (2) are currently maintaining valid F-1
status; and (3) are experiencing severe economic hardship as a direct
result of Hurricane Katrina. This Notice also applies to nonimmigrant
aliens admitted to the United States in F-2 classification under
section 101(a)(15)(F)(ii) of the Act, who are the dependents (spouse or
minor children) of F-1 students covered by this Notice, provided that
the F-1 student continues to maintain F-1 status.
F-1 students otherwise covered by this Notice, who transfer to
other academic institutions, which are approved by DHS for enrollment
of F-1 students, remain eligible for the relief provided by means of
this Notice.
Why is DHS taking this action?
Hurricane Katrina caused loss of life, caused extensive damage to
property, and has disrupted normal activities in the states of Alabama,
Louisiana, and Mississippi. Certain academic institutions that are
located in the affected areas are consequently unable to operate
normally, or at all, during the current academic term. Approximately
5,500 F-1 students were enrolled in academic institutions located in
the areas adversely affected by Hurricane Katrina. As a result of this
catastrophic natural disaster, many of these F-1 students are suffering
severe economic hardship resulting from, among other things, costs
incurred to replace lost or damaged possessions, and/or to transfer to
other academic institutions. Moreover, many of these F-1 students are
experiencing difficulty in satisfying the normal regulatory
requirements for maintaining valid F-1 status, which include the
pursuit of a "full course of study" pursuant to 8 CFR 214.2(f)(6).
DHS is taking action to provide relief to these F-1 students so
they may obtain short-term employment authorization, and consequently
reduce their course load.
Which academic institutions are covered by this Notice?
This Notice lists the specific campuses of academic institutions,
which are approved by DHS for enrollment of F-1 students and located in
the areas adversely affected by Hurricane Katrina. In the event that
DHS, after the publication of this Notice, identifies other academic
institutions, which are approved by DHS for enrollment of F-1 students
and located in areas adversely affected by Hurricane Katrina, DHS will
extend the relief authorized under this Notice to eligible F-1 students
who were enrolled in those academic institutions on August 29, 2005.
What regulatory requirements in 8 CFR 214.2(f)(9) does this Notice
temporarily suspend?
1. On-Campus Employment
For F-1 students covered by this Notice, the Secretary of Homeland
Security is suspending temporarily the applicability of the requirement
in 8 CFR 214.2(f)(9)(i) that limits an F-1 student to no more than 20
hours per week of on-campus employment when school is in session.
2. Off-Campus Employment
For F-1 students covered by this Notice, the Secretary of Homeland
Security is suspending temporarily the applicability of the following
regulatory requirements: (a) The requirement in 8 CFR
214.2(f)(9)(ii)(A), that limits an F-1 student to no more than 20 hours
per week of off-campus employment when school is in session; (b) the
requirement in 8 CFR 214.2(f)(9)(ii)(D)(1), that requires a student to
be in F-1 status for one full academic year in order to be eligible for
off-campus employment; and (c) the requirement in 8 CFR
214.2(f)(9)(ii)(D)(3), that requires an F-1 student to demonstrate that
acceptance of employment will not interfere with the student's carrying
a full course of study.
Will F-1 students who are granted employment authorization pursuant to
this Notice be authorized to reduce their normal course load?
Yes. Pursuant to 8 CFR 214.2(f)(6)(i)(F), F-1 students, who are
granted employment authorization pursuant to this Notice, will be
deemed to be engaged in a "full course of study" for the duration of
their employment authorization, provided such students satisfy the
minimum course load requirement set forth in this Notice.
What is the minimum course load requirement set forth in this Notice?
Pursuant to 8 CFR 214.2(f)(5)(v), undergraduate level F-1 students
who are granted employment authorization pursuant to this Notice must
remain registered for a minimum of 6 semester/quarter hours of
instruction per academic term, and graduate level F-1 students who are
granted employment authorization pursuant to this Notice must remain
registered for a minimum of 3 semester/quarter hours of instruction per
academic term. In addition, pursuant to 8 CFR 214.2(f)(6)(i)(G), F-1
students granted employment authorization pursuant to this Notice, both
at the undergraduate level and the graduate level, may count the
equivalent of one class or three credits per semester/quarter of on-
line or distance education toward satisfying this minimum course load
requirement.
How may F-1 students covered by this Notice obtain employment
authorization pursuant to this Notice?
1. On-Campus Employment
An F-1 student covered by this Notice, who seeks to pursue on-
campus employment pursuant to this Notice,
[[Page 70996]]
must demonstrate to the Designated School Official (DSO) at the
academic institution where the F-1 student currently is enrolled that
such employment is necessary to avoid severe economic hardship
resulting from Hurricane Katrina. See 8 CFR 214.2(f)(9)(i). The DSO
should sign, date, and include the following notation in the student
employment box on page 3 of Form I-20: "Approved for more than 20
hours per week of on-campus employment until February 1, 2006, pursuant
to Hurricane Katrina Special Student Relief." By making this notation,
the DSO certifies that the F-1 student is covered by this Notice.
2. Off-Campus Employment
An F-1 student covered by this Notice, who seeks to pursue off-
campus employment pursuant to this Notice, must file a complete Form I-
765, Application for Employment Authorization, including required
supporting documentation, with the USCIS Texas Service Center at:
U.S. Citizenship and Immigration Services, Texas Service Center,
P.O. Box 853062, Mesquite, TX 75815-3062.
The front of the envelope, on the bottom right-hand side, should
include the following notation: "HURRICANE KATRINA SPECIAL STUDENT
RELIEF." Failure to include this notation may result in significant
processing delays.
An application package is complete if it contains: (1) A properly
completed Form I-765, Application for Employment Authorization, with
the required fee or, if the F-1 student believes he or she is eligible
for a waiver of this fee, a written affidavit or unsworn declaration,
which requests waiver of the fee under 8 CFR 103.7(c) and explains the
reasons why the student is unable to pay the prescribed fee, and (2)
Form I-20 with a recommendation for off-campus employment from the DSO
at the academic institution where the F-1 student is currently
enrolled. See 8 CFR 214.2(f)(9)(ii)(D). The DSO should sign, date, and
include the following notation in the student employment box on page 3
of Form I-20: "Approved for more than 20 hours per week of off-campus
employment until February 1, 2006, pursuant to Hurricane Katrina
Special Student Relief." By making this notation, the DSO certifies
that the F-1 student is covered by this Notice.
If U.S. Citizenship and Immigration Services (USCIS) approves the
F-1 student's Form I-765, Application for Employment Authorization,
USCIS will send the student a Form I-766, Employment Authorization
Document, to evidence his or her employment authorization. The Form I-
766 will contain an expiration date that will not extend beyond
February 1, 2006. If USCIS denies the F-1 student's Form I-765,
Application for Employment Authorization, USCIS will notify the student
of the decision, and the reason(s) for the denial.
Is there a cut-off date for the filing of a Form I-765, Application for
Employment Authorization, pursuant to this Notice?
No. DHS has not established a cut-off date for the filing of a Form
I-765, Application for Employment Authorization, pursuant to this
Notice. Any benefits granted by means of this Notice, however, will
expire no later than February 1, 2006. While USCIS will exercise its
best efforts to process such applications in as prompt a manner as
possible, F-1 students applying for employment authorization pursuant
to this Notice should bear in mind this expiration date when submitting
their Forms I-765, Applications for Employment Authorization.
Will F-2 dependents (spouse or minor children) of F-1 students covered
by this Notice be eligible to apply for employment authorization?
No. Pursuant to 8 CFR 214.2(f)(15)(i), an F-2 dependent (spouse or
minor children) of an F-1 student, may not accept employment.
Will F-1 students covered by this Notice be required to apply for
reinstatement after February 1, 2006?
No. F-1 students, who are granted employment authorization pursuant
to this Notice, will be deemed to be engaged in a "full course of
study" for the duration of their employment authorization, provided
such undergraduate level F-1 students remain registered for a minimum
of 6 semester/quarter hours of instruction per academic term, and such
graduate level F-1 students remain registered for a minimum of 3
semester/quarter hours of instruction per academic term. See 8 CFR
214.2(f)(5)(v). Such F-1 students, therefore, would not be required to
apply for reinstatement under 8 CFR 214.2(f)(16) if they are otherwise
maintaining F-1 status.
How long will this Notice remain in effect?
This Notice grants temporary relief to a specific group of F-1
students for the estimated length of the current academic term. As
such, this Notice will remain in effect until February 1, 2006. During
this period, DHS will continue to monitor the adverse impact of
Hurricane Katrina in the affected areas to determine if modification or
rescission of these special provisions is warranted. Should these
special provisions be modified or rescinded prior to February 1, 2006,
DHS will announce such changes in the Federal Register.
Paperwork Reduction Act
The information collection requirements contained in this rule have
been cleared by the Office of Management and Budget (OMB) under the
provisions of the Paperwork Reduction Act. Clearance numbers for these
collections are contained in 8 CFR 299.5, Display Control Numbers, and
are noted herein. Form I-765, Application for Employment Authorization,
OMB Control Number 1615-0040.
Dated: November 17, 2005.
Michael Chertoff,
Secretary.
[FR Doc. 05-23309 Filed 11-23-05; 8:45 am]
BILLING CODE 4410-10-P
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