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Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Notices
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systems.19 Approximately 40% of Haitians lack access to essential health and nutrition services, which have been exacerbated by the COVID19
pandemic.20 The United Nations World Food Programme reports that Haitis weather, economic shocks, and insecurity are the main factors driving up food prices and that the country is vulnerable to inflation and price volatility, especially during crises such as the COVID19 pandemic.21 Between August 2020 and February 2021, approximately 42% of the population faced high acute food insecurity, and this is projected to rise to 46% of the population for March 2021 to June 2021.22 Further, on June 10, 2021, OCHA reported that displaced residents as a result of deadly gang clashes are in need of urgent humanitarian assistance and protection to include sanitation shelter, access to clean water and food.23
As of May 23, 2021, 1,083 F1
nonimmigrants students whose country of citizenship is Haiti were physically present in the United States and enrolled in SEVP-certified academic institutions. Given the extent of the current crisis in Haiti, affected F1
nonimmigrant students whose primary means of financial support comes from Haiti 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 which could interfere with their ability to support themselves and return to Haiti for the foreseeable future. Without employment authorization, these students may lack the means to meet basic living expenses.
DHS is therefore making employment authorization available for F1
nonimmigrant students whose country of citizenship is Haiti regardless of country of birth, who are in lawful F
1 nonimmigrant student status as of August 3, 2021, who are currently maintaining F1 status, and who are 19 Haiti Health Fact Sheet, U.S. USAID, Jan. 2020, available at https www.usaid.gov/documents/
1862/usaidhaiti-health-fact-sheet-january-2020 last visited May 2021.
20 Id.
21 The Cost of A Plate of Food2020: Haiti, United Nations World Food Programme, available at https cdn.wfp.org/2020/plate-of-food/ last visited May 2021.
22 Haiti: Acute Food Insecurity Situation August 2020February 2021 and Projection for MarchJune 2021, Integrated Food Security Phase Classification, available at http www.ipcinfo.org/ipc-countryanalysis/details-map/en/c/1152816/?iso3=HTI last visited May 2021.
23 Daily Noon Briefing Highlights, United Nations Office for the Coordination of Humanitarian Affairs, 10 June 2021, available at https www.unocha.org/
story/daily-noon-briefing-highlights-ethiopia-haiti.

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experiencing severe economic hardship as a result of the current crisis in Haiti.
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 academic term.24 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 an English language study program.25 See 8 CFR 214.2f6iG.
An F1 nonimmigrant student attending an approved private school in grades kindergarten through grade 12 or public school in grades 912 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.
Nothing in this notice affects the applicability of federal and state labor laws limiting the employment of minors.
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 Haitian F1 nonimmigrant student 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 24 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.
25 DHS considers students who engage in online coursework pursuant to ICE 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 Mar. 2021

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requirement under 8 CFR
214.2f6iA and B and certain employment eligibility requirements under 8 CFR 214.2f9. 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 students must request that their designated school official DSO enter the following statement in the remarks field of the students Student and Exchange Visitor Information System SEVIS record so the students Form I20, Certificate of Eligibility for Nonimmigrant F1
Student Status, reflects:
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 working off campus, or the end date of this notice, whichever date comes first.

Must the F1 nonimmigrant student apply for reinstatement after expiration of this special employment authorization if the student reduces their 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.26 See 8 CFR 214.2f5v and f6iF. DHS will not require such students to apply for reinstatement under 8 CFR 214.2f16 if they are otherwise maintaining F1
nonimmigrant status.
26 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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