Federal Register - July 9, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 129 / Friday, July 9, 2021 / Notices were displaced in 2020.5 Even if a political resolution to the conflict is reached, Yemen will be faced with tremendous reconstruction needs.
Yemens civil war has caused a wide range of emergencies, including:
Economic contraction, deepening poverty, high levels of food insecurity, a severely weakened medical system, the reappearance or increased incidence of certain communicable diseases, a collapse in basic services such as water, electricity, and fuel shortages, and institutional and political tensions.
Additionally, the impact of the COVID
19 pandemic further devastated what remained of Yemens healthcare infrastructure after years of protracted conflict. There are 24.1 million people approximately 80% of the population in need of humanitarian assistance as a result of civil war and conflict in Yemen.6 The United Nations International Childrens Emergency Fund UNICEF estimates that 18
million people in Yemen approximately 59% of the population do not currently have access to clean water and sanitation.7
As of May 23, 2021, 309 F1
nonimmigrant students whose country of citizenship is Yemen were physically present the United States and enrolled in SEVP-certified academic institutions.
Given the extent of the crisis in Yemen, affected F1 nonimmigrant students whose primary means of financial support comes from Yemen may need to be exempt from the normal student employment requirements to continue studying in the United States. The current crisis has created financial barriers for F1 nonimmigrant students to support themselves and return to Yemen 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 set forth in this notice?
Undergraduate F1 nonimmigrant students who receive on-campus or offcampus employment authorization under this notice must remain registered for a minimum of six semester or quarter hours of instruction per
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5 UNHCR
Operational Update: Yemen, April 15, 2021 available at https reporting.unhcr.org/sites/
default/files/UNHCR%20Yemen%20Operational %20Update%20-%2015%20April%202021.pdf last visited May 2021.
6 The United Nations, The United Nations in Yemen available at https yemen.un.org/en/about/
about-the-un, last visited May 2021.
7 UNICEF Yemen, Water, Sanitation, Hygiene, available at https www.unicef.org/yemen/watersanitation-and-hygiene last visited May 2021.
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academic term.8 A graduate-level F1
nonimmigrant student who receives oncampus 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 214.2f5v.
In addition, an F1 nonimmigrant student either undergraduate or graduate granted on campus or offcampus 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.9 See 8 CFR 214.2f6iG. An F1 nonimmigrant student who attends an approved private school in grades kindergarten through grade 12 or public school in grades 9 through 12, must maintain class attendance for no less than the minimum number of hours a week prescribed by the school for normal progress toward graduation, as required under 8 CFR 214.2f6iE.
May an eligible F1 nonimmigrant student who already has on-campus or off-campus employment authorization benefit from the suspension of regulatory requirements under this notice?
Yes. A Yemeni F1 nonimmigrant student who already has on-campus or off-campus employment authorization and is otherwise eligible may benefit under this notice, which suspends regulatory requirements relating to the minimum course load requirement under 8 CFR 214.2f6iA and B
and the employment eligibility requirements under 8 CFR 214.2f9 as specified in this notice. Such an eligible F1 nonimmigrant student may benefit without having to apply for a new Form I766, Employment Authorization Document EAD. To benefit from this notice, the F1 nonimmigrant student must request the designated school official DSO enter the following statement in the remarks field of the students Student and Exchange Visitor Information System SEVIS record, which the students Form I20, 8 Undergraduate F1 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 214.2f6iB.
9 DHS also considers students who engage in online coursework pursuant to ICE coronavirus disease 2019 COVID19 guidance for nonimmigrant students to be in compliance with regulations while such guidance remains in effect.
See ICE Guidance and Frequently Asked Questions on COVID19, available at https www.ice.gov/
coronavirus last visited May 2021.
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Certificate of Eligibility for Nonimmigrant F1 Student Status, will reflect:
Approved for more than 20 hours per week of DSO must insert on-campus or offcampus, 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 students employment, whichever date is later until DSO must insert either the students program end date, the current EAD expiration date if the student is currently authorized for offcampus employment, or the end date of this notice, whichever comes first.
Must the F1 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 F1
nonimmigrant student who receives and comports with the employment authorization permitted under this notice to be engaged in a full course of study for the duration of the students 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 F1 nonimmigrant student remains registered for a minimum of three semester or quarter hours of instruction per academic term.10 See 8 CFR 214.2f5v and f6iF. DHS will not require such students to apply for reinstatement under 8 CFR 214.2f16 if otherwise maintaining F1 nonimmigrant student status.
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 cannot be authorized to work in the United States and, therefore, may not accept employment under the F2
nonimmigrant status. See 8 CFR
214.2f15i.
10 Undergraduate F1 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 214.2f6iB.
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