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Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Notices
Will an F2 dependent spouse or minor child of an F1 nonimmigrant student covered by this notice be eligible to apply for employment authorization?
No. An F2 spouse or minor child of an F1 nonimmigrant student is not authorized to work in the United States and, therefore, may not accept employment under the F2
nonimmigrant status. See 8 CFR
214.2f15i.
Will the suspension of the applicability of the standard student employment requirements apply to an individual who receives an initial F1 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 those F1
nonimmigrant students who meet the following conditions:
1 Are citizens of Haiti, regardless of country of birth;
2 Are lawfully present in the United States in F1 nonimmigrant status on August 3, 2021 under section 101a15Fi of the INA, 8 U.S.C.
1101a15Fi;
3 Are enrolled in an academic institution that is SEVP certified for enrollment of F1 nonimmigrant students;
4 Are maintaining F1
nonimmigrant status; and 5 Are experiencing severe economic hardship as a direct result of the current crisis in Haiti.
An F1 nonimmigrant student who does not meet all of 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 current crisis in Haiti.

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Does this notice apply to a continuing F1 nonimmigrant student who departs the United States after the effective date of this notice in the Federal Register, August 3, 2021, and who needs to obtain a new F1 visa before returning to the United States to continue an educational program?
Yes. This notice applies to such a nonimmigrant student, but only if the DSO has properly notated the students SEVIS record, which will then appear on the students Form I20. The normal rules for visa issuance remain applicable to a nonimmigrant who needs to apply for a new F1 visa to continue an educational program in the United States.

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Does this notice apply to elementary school, middle school, and high school students in F1 status?
Yes. However, this notice does not by itself reduce the required course load for F1 nonimmigrant students enrolled in private kindergarten through grade 12, or public high school grades 9 through 12. Such Haitian 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
214.2f6iE. The suspension of certain regulatory requirements related to employment through this notice is applicable to all eligible F1
nonimmigrant students regardless of educational level. Eligible F1
nonimmigrant students covered by this notice who are enrolled in an elementary school, middle school, or high school do benefit from the suspension of the requirement in 8 CFR
214.2f9i 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 F1 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 F1 nonimmigrant student covered in this notice, the Secretary is suspending the applicability of the requirement in 8
CFR 214.2f9i that limits an F1
nonimmigrant students on-campus employment to 20 hours per week while school is in session. An eligible nonimmigrant student has authorization to work more than 20 hours per week while school is in session if the DSO has entered the following statement in the remarks field of the SEVIS student record, which will appear on the students Form I20:
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 students employment, whichever date is later until DSO must insert the students program end date or the end date of this notice, whichever date comes first.

To obtain on-campus employment authorization, the F1 nonimmigrant student must demonstrate to their DSO
that the employment is necessary to avoid severe economic hardship directly resulting from the current crisis in Haiti.
A nonimmigrant student authorized by
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their 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 fulltime employment oncampus when school is not in session or during school vacations apply. See 8
CFR 214.2f9i.
Will an F1 nonimmigrant student who receives on-campus employment authorization under this notice have authorization to reduce the normal course load and still maintain the students F1 nonimmigrant status?
Yes. DHS will deem an F1
nonimmigrant student who receives oncampus employment authorization under this notice to be engaged in a full course of study 27 for the purpose of maintaining their F1 nonimmigrant student status for the duration of the oncampus employment if the student satisfies the minimum course load requirement described in this notice.
See 8 CFR 214.2f6iF. However, the authorization to reduce the normal course load is solely for DHS purposes of determining valid F1 nonimmigrant student status. Nothing in this notice mandates that school officials allow an F1 nonimmigrant student to take a reduced course load if the reduction would not meet the schools minimum course load requirement for continued enrollment.28
Off-Campus Employment Authorization What regulatory requirements does this notice temporarily suspend relating to off-campus employment?
For an F1 nonimmigrant student covered by this notice, as provided under 8 CFR 214.2f9iiA, the Secretary is suspending the following regulatory requirements relating to offcampus employment:
a The requirement that a student must have been in F1 nonimmigrant status for one full academic year in order to be eligible for off-campus employment;
b The requirement that an F1
nonimmigrant student must demonstrate that acceptance of employment will not interfere with the students carrying a full course of study;
c The requirement that limits an F
1 nonimmigrant students employment authorization to no more than 20 hours 27 See
8 CFR 214.2f6.
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.
28 Minimum
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