Federal Register / Vol. 86, No. 76 / Thursday, April 22, 2021 / Notices 21333

credit hours of instruction per academic field of the student’s SEVIS record. The while school is in session, and reduce term if at the graduate level). See 8 CFR authority to collect this information is their course load while continuing to 214.2(f)(5)(v), (f)(6), and (f)(9)(i) and (ii). in the SEVIS collection of information maintain F–1 nonimmigrant student currently approved by the Office of status. DHS will deem an F–1 How does a student who has received a Management and Budget (OMB) under nonimmigrant student who receives TPS-related employment authorization OMB Control Number 1653–0038. employment authorization by means of document then apply for authorization This notice also allows an eligible F– this notice to be engaged in a ‘‘full to take a reduced course load under this 1 nonimmigrant student to request course of study’’ for the duration of the notice? employment authorization, work an employment authorization, if the There is no further application increased number of hours while the nonimmigrant student satisfies the process if a student has been approved academic institution is in session, and minimum course load requirement for a TPS-related employment reduce the course load while continuing described in this notice. authorization document. The F–1 to maintain F–1 nonimmigrant student DATES: This F–1 Notice is effective April nonimmigrant student must status. 22, 2021 and will remain in effect until demonstrate and provide To apply for employment September 30, 2022. documentation to the DSO of the direct authorization, certain F–1 FOR FURTHER INFORMATION CONTACT: economic hardship resulting from the nonimmigrant students must complete Sharon Snyder, Unit Chief, Policy and humanitarian crisis in Venezuela. The and submit a currently approved Form Response Unit, Student and Exchange DSO will then verify and update the I–765 according to the instructions on Visitor Program, MS 5600, U.S. student’s record in SEVIS to enable the the form. OMB has previously approved Immigration and Customs Enforcement, F–1 nonimmigrant student with TPS to the collection of information contained 500 12th Street SW, Washington, DC reduce their course load without any on the current Form I–765, consistent 20536–5600; email: [email protected], further action or application. No other with the PRA (OMB Control No. 1615– telephone: (703) 603–3400. This is not EAD needs to be issued for the F–1 0040). Although there will be a slight a toll-free number. Program information nonimmigrant student to have increase in the number of Form I–765 can be found at http://www.ice.gov/ employment authorization. filings because of this notice, the sevis/. Can a noncitizen who has been granted number of filings currently contained in SUPPLEMENTARY INFORMATION: TPS apply for reinstatement of F–1 the OMB annual inventory for Form I– nonimmigrant student status after the 765 is sufficient to cover the additional What action is DHS taking under this noncitizen’s F–1 nonimmigrant student filings. Accordingly, there is no further notice? status has lapsed? action required under the PRA. The Secretary is exercising authority Yes. Current regulations permit Alejandro N. Mayorkas, under 8 CFR 214.2(f)(9) to temporarily certain students who fall out of F–1 Secretary, U.S. Department of Homeland suspend the applicability of certain nonimmigrant student status to apply Security. requirements governing on-campus and off-campus employment for F–1 for reinstatement. See 8 CFR [FR Doc. 2021–08368 Filed 4–21–21; 8:45 am] nonimmigrant students whose country 214.2(f)(16). This provision might apply BILLING CODE 9111–28–P to a student who worked on a TPS- of citizenship is (regardless of related EAD or dropped their course country of birth), who are present in the load before publication of this notice, DEPARTMENT OF HOMELAND United States in lawful F–1 and therefore fell out of student status. SECURITY nonimmigrant student status as of April The student must satisfy the criteria set 22, 2021, and who are experiencing [DHS Docket No. ICEB–2021–0002] forth in the student status reinstatement severe economic hardship as a direct regulations. RIN 1653–ZA16 result of the civil unrest in Syria since March 2011. The original notice, which How long will this notice remain in Employment Authorization for Syrian applied to F–1 nonimmigrant students effect? F–1 Nonimmigrant Students who met certain criteria, including This notice grants temporary relief Experiencing Severe Economic having been lawfully present in the until September 9, 2022, to eligible F– Hardship as a Direct Result of Civil United States in F–1 nonimmigrant 1 nonimmigrant students. DHS will Unrest in Syria Since March 2011 status on April 3, 2012, was effective continue to monitor the situation in from April 3, 2012, until October 3, Venezuela. Should the special AGENCY: U.S. Immigration and Customs 2013. See 77 FR 20038 (April 3, 2012). provisions authorized by this notice Enforcement (ICE), Department of A subsequent notice provided for an 18- need modification or extension, DHS Homeland Security (DHS). month extension from October 3, 2013, will announce such changes in the SUMMARY: This notice announces that through March 31, 2015. See 78 FR Federal Register. the Secretary of Homeland Security 36211 (June 17, 2013). A third notice (Secretary) has suspended certain provided another 18-month extension Paperwork Reduction Act (PRA) regulatory requirements for F–1 from March 31, 2015, through An F–1 nonimmigrant student seeking nonimmigrant students whose country September 30, 2016. See 80 FR 232 off-campus employment authorization of citizenship is Syria (regardless of (January 5, 2015). A fourth notice due to severe economic hardship must country of birth) and who are provided another 18-month extension demonstrate to the DSO that this experiencing severe economic hardship from September 30, 2016, through employment is necessary to avoid as a direct result of the civil unrest in March 31, 2018, and expanded the severe economic hardship. A DSO who Syria since March 2011. The Secretary applicability of such suspension to agrees that a nonimmigrant student is taking action to provide relief to Syrian F–1 nonimmigrant students who should receive such employment Syrian citizens who are lawful F–1 were in lawful F–1 nonimmigrant authorization must recommend an nonimmigrant students so the students student status between April 3, 2012 application approval to USCIS by may request employment authorization, and September 9, 2016. See 81 FR 62520 entering information in the remarks work an increased number of hours (September 9, 2016). A fifth notice

VerDate Sep<11>2014 19:20 Apr 21, 2021 Jkt 253001 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\22APN1.SGM 22APN1 21334 Federal Register / Vol. 86, No. 76 / Thursday, April 22, 2021 / Notices

provided another 18-month extension Why is DHS taking this action? registered refugees.4 Of the country’s 23 from March 31, 2018, until September million people, 11.1 million require 30, 2019. See 83 FR 11553 (March 15, As a result of the ongoing armed humanitarian assistance.5 2018). Effective with this publication, conflict and extraordinary and Approximately 1.5 million Syrians were suspension of the employment temporary conditions in Syria, the newly displaced by hostilities in 2020.6 limitations is available through Secretary has extended and Although the UNHCR reported that September 30, 2022, for those who are redesignated Syria for TPS for 18 371,600 Syrian IDPs chose to return to in lawful F–1 nonimmigrant status as of months, from March 31, 2021 through their places of origin in 2020 7 and April 22, 2021. DHS will deem an F–1 September 30, 2022. See 86 FR 14946. another 21,618 refugees returned to nonimmigrant student granted Previously DHS took action to provide Syria in 2020,8 the UNHCR assessed employment authorization through the temporary relief to F–1 nonimmigrant that current conditions in Syria make it notice to be engaged in a ‘‘full course of students whose country of citizenship is difficult for civilians to return safely study,’’ for the duration of the Syria and who experienced severe anywhere in Syria.9 employment authorization if the student economic hardship because of the civil The last publicly documented satisfies the minimum course load set unrest in Syria. See 77 FR 20038 (April chemical weapons attack by the Syrian forth in this notice.1 See 8 CFR 3, 2012). That action enabled these F– government was an attack using 214.2(f)(6)(i)(F). 1 nonimmigrant students to obtain chlorine on May 19, 2019 in Syria’s employment authorization, work an Latakia province that injured several Who is covered by this notice? increased number of hours while the civilians, and in October 2020, United This notice applies exclusively to F– academic institution was in session, and States Ambassador to the United 1 nonimmigrant students who meet all reduce the students’ course loads, while Nations (UN) Kelly Craft stated that of the following conditions: continuing to maintain F–1 Syria had breached its obligations under (1) Are citizens of Syria, regardless of nonimmigrant student status. DHS the Chemical Weapons Convention and country of birth; extended the temporary relief to these a UN Security Council resolution to Syrian F–1 nonimmigrant students until destroy its chemical weapons (2) Were lawfully present in the September 30, 2019 through further program.10 United States in an F–1 nonimmigrant notices issued in June 2013, January According to the Department of State status on April 22, 2021, under section 2015, September 2016, and again in (DOS), the regime also frequently 101(a)(15)(F)(i) of the Immigration and March 2018. In each of those notices, employed cluster munitions and barrel Nationality Act (INA), 8 U.S.C. DHS acknowledged that the civil unrest bombs. Per DOS, the Syrian Network for 1101(a)(15)(F)(i); in Syria continued to affect Syria’s Human Rights 11 documented at least (3) Are enrolled in an academic citizens, with many people still 3,420 barrel bombs dropped by Russian institution that is Student and Exchange displaced as a result. Recognizing that and Syrian helicopters and planes on Visitor Program (SEVP)-certified for the civil conflict in Syria continued well Idlib, Syria, between April 2019 and enrollment of F–1 nonimmigrant beyond the October 3, 2013 expiration September 2019, often striking civilians students, date of the original notice, DHS’s and civilian infrastructure, including (4) Are currently maintaining F–1 September 9, 2016 notice extended the homes, medical facilities, and schools. nonimmigrant status, and application of the temporary relief in In the last weeks of December 2020, the (5) Are experiencing severe economic the original April 3, 2012 notice to those regime’s forces dropped barrel bombs in hardship as a direct result of the Syrian F–1 nonimmigrant students who Maaret al-Norman, in northwest Syria, ongoing civil unrest in Syria since were in lawful F–1 nonimmigrant status resulting in the deaths of a child and a March 2011. between April 3, 2012, and September humanitarian volunteer.12 This notice applies to F–1 9, 2016. nonimmigrant students engaged in 4 UNHCR, Operational Update Syria, October DHS has reviewed conditions in Syria 2020, available at https://reporting.unhcr.org/sites/ private kindergarten through grade 12, and determined that making default/files/UNHCR%20Syria%20Operational public school grades 9 through 12, and employment authorization available for %20Update%20October%202020.pdf [last visited undergraduate and graduate education. eligible nonimmigrant students is again Feb. 2021]. 5 Id. F–1 nonimmigrant students covered by warranted due to the ongoing armed this notice who transfer to other SEVP- 6 UNHCR Operational Update Syria, January conflict and extraordinary temporary 2020, available at https://www.unhcr.org/sy/wp- certified academic institutions remain conditions in Syria. The conflict in content/uploads/sites/3/2020/02/UNHCR-Syrias- eligible for the relief provided by means Syria continues to affect the physical Operational-Update-2020.pdf [last visited Feb. of this notice. and economic security of its citizens. 2021]. 7 UNHCR, Operational Update Syria. October There are more than 13.4 million 2020, available at https://reporting.unhcr.org/sites/ 1 Because the suspension of requirements applies displaced Syrians in the region,2 of default/files/UNHCR%20Syria%20Operational throughout an academic term during which the %20Update%20October%202020.pdf [last visited suspension is in effect, DHS considers an F–1 which 6.6 million are Internally 3 Feb. 2021]. nonimmigrant student who engages in a reduced Displaced Persons (IDPs) and 5.6 8 Id. course load or employment (or both) after this million are United Nations High 9 Id. notice is issued to be engaging in a ‘‘full course of Commissioner for Refugees (UNHCR)- study,’’ see 8 CFR 214.2(f)(6), and eligible for 10 Detsch, Jack, Lynch, Colum, Gramer, Robbie. employment authorization, through the end of any (2020). ‘‘Syria Is Still Trying to Use Chemical academic term for which such student is 2 United Nations High Commissioner for Refugees Weapons’’, Foreign Policy. October 6, 2020, matriculated as of September 30, 2022, provided the (UNHCR), Refugee Statistics, available at https:// available at https://foreignpolicy.com/2020/10/06/ student satisfies the minimum course load www.unrefugees.org/refugee-facts/statistics/ [last syria-chemical-weapons-trump-assad-russia-united- requirement in this notice. DHS also considers visited Feb. 2021]. nations/ [last visited Mar. 2021]. students who engage in online coursework pursuant 3 UNHCR Refugee Data Finder, December 2020, 11 The Syrian Network for Human Rights (‘‘an to ICE coronavirus disease 2019 (COVID–19) available at https://www.unhcr.org/refugee- independent, neutral, non-governmental, non-profit guidance for nonimmigrant students to be in statistics/#:∼:text=An%20estimated%2030%20%E human rights organization’’ which documents compliance with regulations while such guidance 2%80%93%2034%20million,age%20(end%2D human rights violations in Syria), available at remains in effect. See ICE Guidance and Frequently 2019).&text=Developing%20countries%20host https://sn4hr.org/ [last visited Feb. 2021]. Asked Questions on COVID–19, available at https:// %2086%20per,per%20cent%20of%20the%20total 12 United States Department of State 2019 www.ice.gov/coronavirus [last visited Mar. 2021]. [last visited Feb. 2021]. Country Reports on Human Rights Practices: Syria,

VerDate Sep<11>2014 19:20 Apr 21, 2021 Jkt 253001 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\22APN1.SGM 22APN1 Federal Register / Vol. 86, No. 76 / Thursday, April 22, 2021 / Notices 21335

DOS reported that in late 2019, regime Civilian health needs remain critical studies in the United States and meet and pro-regime forces reportedly struck in Syria due to the ongoing conflict, and basic living expenses. civilians in hospitals, residential areas, access to medical care is limited. The United States is committed to schools, and settlements for IDPs and Hundreds of thousands of civilians have continuing to assist the people of Syria. refugee camps; these attacks included suffered injuries, of which 57% are ICE records show that, as of February 4, bombardment with barrel bombs in expected to sustain permanent 2021, approximately 254 Syrian F–1 addition to the use of chemical impairment and require lifelong medical nonimmigrants students were weapons.13 These forces used the attention.20 In 2019, 50% of Syrian physically present in the United States massacre of civilians, as well as their hospitals and 25% of healthcare and enrolled in SEVP-certified academic forced displacement, rape, starvation, facilities are estimated to be institutions. DHS is therefore making and protracted sieges that occasionally functional.21 From March 2011 through employment authorization available for forced local surrenders, as military February 2020, Physicians for Human F–1 nonimmigrant students whose tactics.14 Rights, estimated 595 attacks impacting country of citizenship is Syria According to the UN Independent medical facilities. Physicians for Human (regardless of country of birth), who are International Commission of Inquiry on Rights concluded that ninety percent of in lawful F–1 nonimmigrant student the Syrian Arab Republic, Syrian the attacks (536) were perpetrated by the status as of April 22, 2021, who are Government forces carried out air and Syrian government and allied forces.22 currently maintaining F–1 status, and ground attacks in Syria which Additionally, during this time 923 who are continuing to experience severe decimated civilian infrastructure and medical personnel were killed.23 Mass economic hardship as a direct result of depopulated towns and villages, killing displacement has contributed to a the civil unrest since March 2011. hundreds of women, men and children reduction of up to 50% of qualified between November of 2019 and June of medical personnel in some areas, What is the minimum course load 2020.15 In a press release related to a further compromising the provision of requirement set forth in this notice? report on conditions in Syria, 24 quality medical assistance. Undergraduate F–1 nonimmigrant Commission Chair Paulo Pinheiro stated that, ‘‘Children were shelled at school, As of December 2020, 11.1 million students who receive on-campus or off- parents were shelled at the market, people in Syria required humanitarian campus employment authorization patients were shelled at the hospital assistance, and 9.3 million people under this notice must remain registered . . . entire families were bombarded continue to face life-threatening food for a minimum of six semester or insecurity.25 In 2020, the number of quarter hours of instruction per even while fleeing. What is clear from 27 the military campaign is that pro- food insecure people increased by 22%, academic term. A graduate-level F–1 government forces and UN-designated from 6.5 million in 2019 to 8 million nonimmigrant student who receives on- 26 terrorists flagrantly violated the laws of people in 2020. Given the conditions campus or off-campus employment war and the rights of Syrian in Syria, affected nonimmigrant authorization under this notice must civilians.’’ 16 students whose primary means of remain registered for a minimum of Syria’s economy has significantly financial support come from Syria may three semester or quarter hours of deteriorated since the outbreak of need to be exempt from the normal instruction per academic term. See 8 conflict in 2011, declining by more than nonimmigrant student employment CFR 214.2(f)(5)(v). 70% from 2010 to 2017,17 the most requirements to be able to continue their In addition, an F–1 nonimmigrant recent year for which confirmed student (either undergraduate or economic data is available. Over eight in 20 UNHCR, Operational Update Syria. October graduate) granted on-campus or off- ten Syrians live below the poverty 2020, available at https://reporting.unhcr.org/sites/ campus employment authorization 18 default/files/UNHCR%20Syria%20Operational line. Syria ranks last in the CIA World %20Update%20October%202020.pdf [last visited under this notice may count up to the Factbook’s survey of 224 countries in Feb. 2021]. equivalent of one class or three credits real annual Gross Domestic Product 21 World Health Organization (WHO), Whole of per session, term, semester, trimester, or (GDP) growth rate, and 199th out of 228 Syria consolidated Health Resources and Services quarter of online or distance education countries in real GDP per capita.19 Availability Monitoring System (HeRAMS), Q4 toward satisfying this minimum course 2019, available at https://www.who.int/ publications/m/item/herams-2019-annual-report load requirement, unless the course of available at https://www.state.gov/wp-content/ [last visited Feb. 2021]. study is in a language study uploads/2020/03/SYRIA-2019-HUMAN-RIGHTS- 22 Physicians for Human Rights, ‘‘Physicians for program.28 See 8 CFR 214.2(f)(6)(i)(G). REPORT.pdf [last visited Mar. 2021]. Human Rights’ Findings of Attacks on Health Care An F–1 nonimmigrant student attending 13 Id. in Syria’’; findings as of February 2020, available 14 Id. at http://syriamap.phr.org/#/en/findings [last an approved private elementary or 15 UN Human Rights Council, 44 Session, Report visited Feb. 2021]. middle school or public or private of the Independent International Commission of 23 Id. academic high school must maintain Inquiry on the Syrian Arab Republic (A/HRC/44/61) 24 UN Office for the Coordination of ‘‘class attendance for no less than the (July 2020) available at https://reliefweb.int/sites/ Humanitarian Affairs, 2019 Humanitarian Needs _ _ _ _ minimum number of hours a week reliefweb.int/files/resources/A HRC 44 61 Overview: Syrian Arab Republic (March 2019), _ AdvanceUneditedVersionFINAL 0.pdf [last visited available at https://reliefweb.int/sites/reliefweb.int/ prescribed by the school for normal Mar. 2021]. files/resources/2019_Syr_HNO_Full.pdf [last visited 16 United Nations Human Rights Council (2020) Mar. 2021]. 27 Undergraduate F–1 nonimmigrant students ‘‘Rampant Human Rights Violations and War crimes 25 UN Office for the Coordination of enrolled in a term of different duration must as War-torn Idlib Faces the Pandemic UN Syria Humanitarian Affairs, Syrian Arab Republic: 2020 register for at least one half of the credit hours Commission of Inquiry report’’, available at https:// Humanitarian Response Plan (December 2020), normally required under a ‘‘full course of study.’’ www.ohchr.org/EN/HRBodies/HRC/Pages/News available at https://reliefweb.int/report/syrian-arab- See 8 CFR 214.2(f)(6)(i)(B). Detail.aspx?NewsID=26044&LangID=E [last visited republic/syrian-arab-republic-2020-humanitarian- 28 DHS also considers students who engage in Mar. 2021]. response-plan-december-2020 [last visited Feb. online coursework pursuant to ICE coronavirus 17 Central Intelligence Agency (2021) Syria-In The 2021]. disease 2019 (COVID–19) guidance for World Factbook, available at https://www.cia.gov/ 26 Food Security Information Network—2020 nonimmigrant students to be in compliance with the-world-factbook/countries/syria/ [last visited Global Report on Food Crises, available at https:// regulations while such guidance remains in effect. Feb. 2021]. www.fsinplatform.org/sites/default/files/resources/ See ICE Guidance and Frequently Asked Questions 18 Id. files/GRFC_2020_ONLINE_200420.pdf [last visited on COVID–19, available at https://www.ice.gov/ 19 Id. Feb. 2021]. coronavirus [last visited Mar. 2021].

VerDate Sep<11>2014 19:20 Apr 21, 2021 Jkt 253001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\22APN1.SGM 22APN1 21336 Federal Register / Vol. 86, No. 76 / Thursday, April 22, 2021 / Notices

progress toward graduation,’’ as hours of instruction per academic Does this notice apply to a continuing required under 8 CFR 214.2(f)(6)(i)(E). term.29 See 8 CFR 214.2(f)(5)(v) and F–1 nonimmigrant student who departs the United States after publication of May an eligible F–1 nonimmigrant (f)(6)(i)(F). DHS will not require such this notice in the Federal Register and student who already has on-campus or students to apply for reinstatement who needs to obtain a new F–1 visa off-campus employment authorization under 8 CFR 214.2(f)(16) if they are before returning to the United States to benefit from the suspension of otherwise maintaining F–1 continue an educational program? regulatory requirements under this nonimmigrant status. notice? Yes. This notice applies to such a Will an F–2 dependent (spouse or nonimmigrant student, but only if the Yes. A Syrian F–1 nonimmigrant minor child) of an F–1 nonimmigrant DSO has properly notated the student’s student who already has on-campus or student covered by this notice be SEVIS record, which will then appear off-campus employment authorization eligible to apply for employment on the student’s Form I–20. The normal and is otherwise eligible may benefit authorization? rules for visa issuance remain under this notice, which suspends applicable to a nonimmigrant who No. An F–2 spouse or minor child of regulatory requirements relating to the needs to apply for a new F–1 visa in an F–1 nonimmigrant student is not minimum course load requirement order to continue an educational under 8 CFR 214.2(f)(6)(i)(A) and (B) authorized to work in the United States program in the United States. and the employment eligibility and, therefore, may not accept requirements under 8 CFR 214.2(f)(9) as employment under the F–2 Does this notice apply to elementary specified in this notice. Such an eligible nonimmigrant status. See 8 CFR school, middle school, and high school F–1 nonimmigrant student may benefit 214.2(f)(15)(i). students in F–1 status? without having to apply for a new Form Yes. However, this notice does not by I–766, Employment Authorization Will the suspension of the applicability itself reduce the required course load for Document (EAD). To benefit from this of the standard student employment private kindergarten through grade 12, notice, the F–1 nonimmigrant student requirements apply to an individual or public school grades 9 through 12, F– must request the designated school who receives an initial F–1 visa and 1 nonimmigrant students. Such Syrian official (DSO) enter the following makes an initial entry in the United students must maintain the minimum statement in the remarks field of the States after publication of this notice in number of hours of class attendance per student’s Student and Exchange Visitor the Federal Register? week prescribed by the academic Information System (SEVIS) student institution for normal progress toward No. The suspension of the record, which the student’s Form I–20, graduation. See 8 CFR 214.2(f)(6)(i)(E). Certificate of Eligibility for applicability of the standard regulatory The suspension of certain regulatory Nonimmigrant (F–1) Student Status, requirements only applies to those F–1 requirements related to employment will reflect: nonimmigrant students who meet the through this notice is applicable to all following conditions: Approved for more than 20 hours per week eligible F–1 nonimmigrant students of [DSO must insert ‘‘on-campus’’ or ‘‘off- (1) Are citizens of Syria, regardless of regardless of educational level. Thus, campus,’’ depending upon the type of country of birth; eligible F–1 nonimmigrant students employment authorization the student from Syria enrolled in elementary, already has] employment authorization and (2) Were lawfully present in the United States in F–1 nonimmigrant middle school, and high school do reduced course load under the Special benefit from the suspension of the Student Relief authorization from [DSO must status on April 22, 2021 under section requirement in 8 CFR 214.2(f)(9)(i) that insert the beginning date of the notice or the 101(a)(15)(F)(i) of the INA, 8 U.S.C. limits on-campus employment to 20 beginning date of the student’s employment, 1101(a)(15)(F)(i); whichever date is later] until [DSO must hours per week while school is in insert either the student’s program end date, (3) Are enrolled in an academic session. Nothing in this notice affects the current EAD expiration date (if the institution that is SEVP certified for the applicability of federal and state student is currently working off campus), or enrollment of F–1 nonimmigrant labor laws limiting the employment of the end date of this notice, whichever date students; minors. comes first]. (4) Are currently maintaining F–1 On-Campus Employment Authorization Must the F–1 nonimmigrant student nonimmigrant status; and apply for reinstatement after expiration Will an F–1 nonimmigrant student who of this special employment (5) Are experiencing severe economic receives on-campus employment authorization if the student reduces hardship as a direct result of the civil authorization under this notice be their full course of study? unrest in Syria. authorized to work more than 20 hours No. DHS will deem an F–1 An F–1 nonimmigrant student who per week while school is in session? nonimmigrant student who receives and does not meet all of these requirements Yes. For an F–1 nonimmigrant comports with the employment is ineligible for the suspension of the student covered in this notice, the authorization permitted under this applicability of the standard regulatory Secretary is suspending the notice to be engaged in a ‘‘full course of requirements (even if experiencing applicability of the requirement in 8 study’’ for the duration of the student’s severe economic hardship as a direct CFR 214.2(f)(9)(i) that limits an F–1 employment authorization, provided result of the civil unrest in Syria since student’s on-campus employment to 20 that a qualifying undergraduate level F– March 2011). hours per week while school is in 1 nonimmigrant student remains session. An eligible nonimmigrant registered for a minimum of six student has authorization to work more semester or quarter hours of instruction than 20 hours per week while school is 29 Undergraduate F–1 nonimmigrant students per academic term, and a qualifying enrolled in a term of different duration must in session if the DSO has entered the graduate level F–1 nonimmigrant register for at least one half of the credit hours following statement in the remarks field student remains registered for a normally required under a ‘‘full course of study.’’ of the SEVIS student record, which will minimum of three semester or quarter See 8 CFR 214.2(f)(6)(i)(B). appear on the student’s Form I–20:

VerDate Sep<11>2014 19:20 Apr 21, 2021 Jkt 253001 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\22APN1.SGM 22APN1 Federal Register / Vol. 86, No. 76 / Thursday, April 22, 2021 / Notices 21337

Approved for more than 20 hours per week requirements relating to off-campus 2011. Filing instructions are located at: of on-campus employment and reduced employment: http://www.uscis.gov/i-765. course load, under the Special Student Relief (a) The requirement that a student Fee considerations. Submission of a authorization from [DSO must insert the Form I–765 currently requires payment beginning date of this notice or the beginning must have been in F–1 status for one date of the student’s employment, whichever full academic year in order to be eligible of a $410 fee. An applicant who is date is later] until [DSO must insert the for off-campus employment; unable to pay the fee may submit a student’s program end date or the end date (b) The requirement that an F–1 completed Form I–912, Request for Fee of this notice, whichever date comes first]. nonimmigrant student must Waiver, along with the Form I–765 To obtain on-campus employment demonstrate that acceptance of Application for Employment authorization, the F–1 nonimmigrant employment will not interfere with the Authorization. See www.uscis.gov/ student must demonstrate to the student’s carrying a full course of study; feewaiver. The submission must include student’s DSO that the employment is (c) The requirement that limits an F– an explanation of why USCIS should necessary to avoid severe economic 1 nonimmigrant student’s employment grant the fee waiver and the reason(s) hardship directly resulting from the authorization to no more than 20 hours for the inability to pay, and any civil unrest in Syria. A nonimmigrant per week of off-campus employment evidence to support the reason(s). See 8 student authorized by the student’s DSO while school is in session; and CFR 103.7(c). to engage in on-campus employment by (d) The requirement that the student Supporting documentation. An F–1 means of this notice does not need to demonstrate that employment under 8 nonimmigrant student seeking off- file with U.S. Citizenship and CFR 214.2(f)(9)(i) is unavailable or campus employment authorization due Immigration Services (USCIS). The otherwise insufficient to meet the needs to severe economic hardship must standard rules that permit full-time that have arisen as a result of the demonstrate the following to the DSO: employment on-campus when school is unforeseen circumstances. (1) This employment is necessary to not in session or during school avoid severe economic hardship; and Will an F–1 nonimmigrant student who (2) The hardship is a direct result of vacations apply. See 8 CFR receives off-campus employment the civil unrest in Syria since March 1, 214.2(f)(9)(i). authorization under this notice have 2011. Will an F–1 nonimmigrant student who authorization to reduce the normal If the DSO agrees that the F–1 receives on-campus employment course load and still maintain F–1 nonimmigrant student should receive authorization under this notice have nonimmigrant status? such employment authorization, the authorization to reduce the normal DSO must recommend application Yes. DHS will deem an F–1 course load and still maintain the approval to USCIS by entering the nonimmigrant student who receives off- student’s F–1 nonimmigrant status? following statement in the remarks field campus employment authorization by of the student’s SEVIS record, which Yes. DHS will deem an F–1 means of this notice to be engaged in a nonimmigrant student who receives on- will then appear on the student’s Form ‘‘full course of study’’ for purposes of I–20: campus employment authorization maintaining F–1 nonimmigrant student under this notice to be engaged in a status for the duration of the student’s Recommended for off-campus employment ‘‘full course of study’’ for the purpose of employment authorization if the student authorization in excess of 20 hours per week maintaining F–1 nonimmigrant student satisfies the minimum course load and reduced course load under the Special Student Relief authorization from the date of status for the duration of the on-campus requirement described in this notice. employment, if the student satisfies the the USCIS authorization noted on Form I– See 8 CFR 214.2(f)(6)(i)(F). However, the 766 until [DSO must insert the program end minimum course load requirement authorization to reduce the normal date or the end date of this notice, whichever described in this notice. See 8 CFR course load is solely for DHS purposes date comes first]. 214.2(f)(6)(i)(F). However, the of determining valid F–1 status. Nothing authorization to reduce the normal The F–1 nonimmigrant student must in this notice mandates that school then file the properly endorsed Form I– course load is solely for DHS purposes officials allow an F–1 nonimmigrant of determining valid F–1 nonimmigrant 20 and Form I–765, according to the student to take reduced course load if instructions for the Form I–765. The F– student status. Nothing in this notice such reduced course load would not mandates that school officials allow an 1 nonimmigrant student may begin meet the school’s minimum course load working off campus only upon receipt F–1 nonimmigrant student to take a requirement.31 reduced course load if the reduction of the EAD from USCIS. DSO recommendation. In making a would not meet the school’s minimum How may an eligible F–1 nonimmigrant recommendation that a nonimmigrant course load requirement for continued student obtain employment student be approved for Special Student enrollment.30 authorization for off-campus employment with a reduced course load Relief, the DSO certifies that: Off-Campus Employment Authorization under this notice? (a) The F–1 nonimmigrant student is in good academic standing and is What regulatory requirements does this An F–1 nonimmigrant student must carrying a ‘‘full course of study’’ 32 at the notice temporarily suspend relating to file a Form I–765, Application for time of the request for employment off-campus employment? Employment Authorization, with USCIS authorization; For an F–1 student covered by this to apply for off-campus employment (b) The F–1 nonimmigrant student is notice, as provided under 8 CFR authorization based on severe economic a citizen of Syria (regardless of country 214.2(f)(9)(ii)(A), the Secretary is hardship directly resulting from the of birth) and is experiencing severe suspending the following regulatory civil unrest in Syria since March 1, economic hardship as a direct result of the civil unrest in Syria since March 1, 30 Minimum course load requirement for 31 Minimum course load requirement for 2011, as documented on the Form I–20; enrollment in a school must be established in a enrollment in a school must be established in a (c) The F–1 nonimmigrant student has publicly available document (e.g., catalog, website, publicly available document (e.g., catalog, website, or operating procedure), and it must be a standard or operating procedure), and it must be a standard confirmed that the student will comply applicable to all students (U.S. citizens and foreign applicable to all students (U.S. citizens and foreign students) enrolled at the school. students) enrolled at the school. 32 See 8 CFR 214.2(f)(6).

VerDate Sep<11>2014 19:20 Apr 21, 2021 Jkt 253001 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\22APN1.SGM 22APN1 21338 Federal Register / Vol. 86, No. 76 / Thursday, April 22, 2021 / Notices

with the reduced load requirements of designating Syria for TPS. See 86 FR study’’ 34 unless or until the 8 CFR 214.2(f)(5)(v) and register for the 14946 (March 19, 2021). All TPS nonimmigrant student receives duration of the authorized employment applicants must file a Form I–821, employment authorization under this for a minimum of six semester or Application for Temporary Protected notice. TPS-related employment quarter hours of instruction per Status (or submit a Request for a Fee authorization, by itself, does not academic term if at the undergraduate Waiver (Form I–912)). Although not authorize a nonimmigrant student to level, or for a minimum of three required to do so, if an F–1 drop below twelve credit hours, or semester or quarter hours of instruction nonimmigrant student wants to obtain a otherwise applicable minimum per academic term if the student is at new EAD based on the student’s TPS requirements (e.g., clock hours for the graduate level; and application valid through September 30, language students). Once approved for (d) The off-campus employment is 2022, and to be eligible for extensions Special Student Relief employment necessary to alleviate severe economic that may be available to EADs with an authorization, the F–1 nonimmigrant hardship to the individual as a direct A–12 or C–19 category code, the student student may drop below twelve credit result of the civil unrest in Syria since must file Form I–765 and pay the Form hours, or otherwise applicable March 1, 2011. I–765 fee (or submit a Request for a Fee minimum requirements (with a Processing. To facilitate prompt Waiver (Form I–912)). After receiving minimum of six semester or quarter adjudication of the student’s application the TPS-related EAD, an F–1 hours of instruction per academic term for off-campus employment nonimmigrant student may request that if the student is at the undergraduate authorization under 8 CFR the student’s DSO make the required level, or a minimum of three semester 214.2(f)(9)(ii)(C), the F–1 nonimmigrant entry in SEVIS, issue an updated Form or quarter hours of instruction per student should do both of the following: I–20, as described in this notice, and academic term if the student is at the (a) Ensure that the application notate that the nonimmigrant student graduate level). See 8 CFR 214.2(f)(5)(v), package includes all of the following has been authorized to carry a reduced (f)(6), and (f)(9)(i) and (ii). documents: course load and is working pursuant to (1) A completed Form I–765; a TPS-related EAD. So long as the How does a student who has received a (2) The required fee or properly nonimmigrant student maintains the TPS-related employment authorization documented fee waiver request as minimum course load described in this document then apply for authorization defined in 8 CFR 103.7(c); notice, does not otherwise violate the to take a reduced course load under this (3) A signed and dated copy of the student’s nonimmigrant status, notice? student’s Form I–20 with the including as provided under 8 CFR appropriate DSO recommendation, as 214.1(g), and maintains the student’s There is no further application previously described in this notice; and TPS, then the student maintains F–1 process if a student has been approved (b) Send the application in an status and TPS concurrently. for a TPS-related employment envelope which is clearly marked on the Under the second option, the authorization document. The F–1 front of the envelope, bottom right-hand nonimmigrant student may apply for an nonimmigrant student must side, with the phrase ‘‘SPECIAL EAD under Special Student Relief by demonstrate and provide STUDENT RELIEF.’’ Failure to include filing the Form I–765 with the location documentation to the DSO of the direct this notation may result in significant specified in the filing instructions. At economic hardship resulting from the processing delays. the same time, the F–1 nonimmigrant civil unrest in Syria since March 1, If USCIS approves the student’s Form student may file a separate TPS 2011. The DSO will then verify and note I–765, a USCIS official will send the application, but must submit the TPS this in the student’s SEVIS record to student an EAD as evidence of the application according to the instructions enable the F–1 nonimmigrant student student’s employment authorization. provided in the Federal Register Notice with TPS to reduce their course load The EAD will contain an expiration date designating Syria for TPS. Because the without any further action or that does not exceed the end of the nonimmigrant student has already application. No other EAD needs to be granted temporary relief. applied for employment authorization issued for the F–1 nonimmigrant under student relief, they are not Temporary Protected Status student to have employment required to submit the Form I–765 as authorization. Considerations part of the TPS application. However, Can an F–1 nonimmigrant student apply some nonimmigrant students may wish Can a noncitizen who has been granted for TPS and for benefits under this to obtain a TPS EAD in light of certain TPS apply for reinstatement of F–1 notice at the same time? extensions that may be available to nonimmigrant student status after the EADs with an A–12 or C–19 category noncitizen’s F–1 nonimmigrant student Yes. An F–1 nonimmigrant student code. The nonimmigrant student should status lapsed? who has not yet applied for Temporary check the appropriate box when filling Protected Status (TPS) or other relief out Form I–821 to request a TPS-related Yes. Current regulations permit that reduce the student’s course load per EAD. Again, the nonimmigrant student certain students who fall out of F–1 term and permits an increase number of will be able to maintain compliance nonimmigrant student status to apply work hours per week, such as the requirements for F–1 nonimmigrant for reinstatement. See 8 CFR Special Student Relief,33 under this student status and TPS. 214.2(f)(16). This provision might apply notice has two options. to a student who worked on a TPS- Under the first option, the When a student applies simultaneously related EAD or dropped their course nonimmigrant student may file the TPS for TPS and benefits under this notice, load before publication of this notice, application according to the instructions what is the minimum course load and therefore fell out of student status. in the Federal Register Notice requirement while an application for The student must satisfy the criteria set employment authorization is pending? forth in the student status reinstatement 33 DHS Study in the States, Special Student Relief regulations. available at https://studyinthestates.dhs.gov/ The F–1 nonimmigrant student must students/special-student-relief [last visited Mar. maintain normal course load 2021]. requirements for a ‘‘full course of 34 See 8 CFR 214.2(f)(6).

VerDate Sep<11>2014 19:20 Apr 21, 2021 Jkt 253001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\22APN1.SGM 22APN1 Federal Register / Vol. 86, No. 76 / Thursday, April 22, 2021 / Notices 21339

How long will this notice remain in DEPARTMENT OF HOMELAND (3) Enhance the quality, utility, and effect? SECURITY clarity of the information to be collected; and This notice grants temporary relief Transportation Security Administration (4) Minimize the burden of the until September 30, 2022, to eligible F– collection of information on those who 1 nonimmigrant students. DHS will Intent To Request Approval From OMB are to respond, including using continue to monitor the situation in of One New Public Collection of appropriate automated, electronic, Syria. Should the special provisions Information: Speaker Request Form mechanical, or other technological authorized by this notice need collection techniques or other forms of AGENCY: Transportation Security modification or extension, DHS will Administration, DHS. information technology. announce such changes in the Federal Information Collection Requirement Register. ACTION: 60-Day notice. Purpose and Description of Data SUMMARY: Paperwork Reduction Act (PRA) The Transportation Security Collection Administration (TSA) invites public An F–1 nonimmigrant student seeking comment on a new Information To respond to public speaking off-campus employment authorization Collection Request (ICR) abstracted invitations, TSA has created the Speaker due to severe economic hardship must below that we will submit to the Office Request Form, which collects demonstrate to the DSO that this of Management and Budget (OMB) for information on the requestor and the employment is necessary to avoid approval in compliance with the event a speaker would attend. TSA is severe economic hardship. A DSO who Paperwork Reduction Act (PRA). The requesting OMB approval of the Speaker agrees that a nonimmigrant student ICR describes the nature of the Request Form. The form requests the should receive such employment information collection and its expected name of the organization and if it is a authorization must recommend an burden. The collection involves the profit or nonprofit organization; the application approval to USCIS by basic point of contact information on point of contact information for the entering information in the remarks the person/organization requesting a person coordinating the event; the date, time, and location of the event; the type field of the student’s SEVIS record. The TSA speaker, the logistical information of event (e.g., keynote, dinner, panel, authority to collect this information is for that speaking engagement, and interview, etc.); the purpose of the in the SEVIS collection of information context for the request to determine the audience reach, ethical concerns, and event; the topics of discussion; the currently approved by the Office of audience makeup; other notable guests; Management and Budget (OMB) under possible promotion of the speaking engagement. and if media will be attending. OMB Control Number 1653–0038. This basic contact information is This notice also allows eligible F–1 DATES: Send your comments by June 21, needed to respond to the requestor, nonimmigrant students to request 2021. determine where to find a TSA speaker employment authorization, work an ADDRESSES: Comments may be emailed geographically, and what resources increased number of hours while the to [email protected] or delivered to would be needed to send a speaker to academic institution is in session, and the TSA PRA Officer, Information the event. TSA also collects information reduce the student’s course load while Technology, TSA–11, Transportation to determine if it is in the best interests continuing to maintain F–1 Security Administration, 6595 of the agency to send a speaker to the nonimmigrant student status. Springfield Center Drive, Springfield, speaking engagement, if it aligns with VA 20598–6011. the agency’s communication goals, and To apply for employment FOR FURTHER INFORMATION CONTACT: if it is, who should speak on behalf of authorization, certain F–1 the agency on the requested topics. The nonimmigrant students must complete Christina A. Walsh at the above address, or by telephone (571) 227–2062. information is collected only once for and submit a currently approved Form any engagement and is completely I–765 according to the instructions on SUPPLEMENTARY INFORMATION: voluntary on the part of the requestor. the form. OMB has previously approved Comments Invited TSA is submitting the form as a the collection of information contained Common Form to permit Federal agency on the current Form I–765, consistent In accordance with the Paperwork users beyond the agency that created the with the PRA (OMB Control No. 1615– Reduction Act of 1995 (44 U.S.C. 3501 form (e.g., Department of Homeland 0040). Although there will be a slight et seq.), an agency may not conduct or Security or U.S. Office of Personnel increase in the number of Form I–765 sponsor, and a person is not required to Management) to streamline the filings because of this notice, the respond to, a collection of information information collection process in number of filings currently contained in unless it displays a valid OMB control coordination with OMB. number. The ICR documentation will be the OMB annual inventory for Form I– TSA expects to receive approximately available at http://www.reginfo.gov 765 is sufficient to cover the additional 300 speaker requests per year. The upon its submission to OMB. Therefore, agency estimates that each respondent filings. Accordingly, there is no further in preparation for OMB review and action required under the PRA. will spend approximately 10 minutes to approval of the following information complete the Speaker Request Form, for Alejandro N. Mayorkas, collection, TSA is soliciting comments a total annual burden of 3,000 minutes Secretary, U.S. Department of Homeland to— (50 hours). Security. (1) Evaluate whether the proposed Use of Results [FR Doc. 2021–08302 Filed 4–21–21; 8:45 am] information requirement is necessary for the proper performance of the functions BILLING CODE 9111–28–P TSA Speaker’s Bureau will use the of the agency, including whether the information on the form to determine information will have practical utility; which TSA speaker may attend the (2) Evaluate the accuracy of the speaking engagement, if any. The agency’s estimate of the burden; organization and point of contact

VerDate Sep<11>2014 19:20 Apr 21, 2021 Jkt 253001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\22APN1.SGM 22APN1