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Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Notices
the minimum course load described in this notice, does not otherwise violate the students nonimmigrant status, including as provided under 8 CFR
214.1g, and maintains the students TPS, then the student maintains F1
status and TPS concurrently.32
Under the second option, the nonimmigrant student may apply for an EAD under Special Student Relief by filing the Form I765 with the location specified in the filing instructions. At the same time, the F1 nonimmigrant student may file a separate TPS
application but must submit the TPS
application according to the instructions provided in the August 3, 2021 Federal Register Notice designating Haiti for TPS. F1 nonimmigrant students who have already applied for employment authorization under Special Student Relief, are not required to submit the Form I765 as part of the TPS
application. However, some nonimmigrant students may wish to obtain a TPS related EAD in light of certain extensions that may be available to EADs with an A12 or C19 category code. The nonimmigrant student should check the appropriate box when filling out Form I821 to indicate whether EAD
is being requested. Again, so long as the nonimmigrant student maintains the minimum course load described in this notice and does not otherwise violate the students nonimmigrant status, included as provided under 8 CFR
214.1g, the nonimmigrant will be able to maintain compliance requirements for F1 nonimmigrant student status while having TPS.
When a student applies simultaneously for TPS and benefits under this notice, what is the minimum course load requirement while an application for employment authorization is pending?
The F1 nonimmigrant student must maintain normal course load requirements for a full course of study 33 unless or until the nonimmigrant student is granted employment authorization under this notice. TPS-related employment authorization, by itself, does not authorize a nonimmigrant student to drop below twelve credit hours, or otherwise applicable minimum requirements e.g., clock hours for language students. Once approved for
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32 TPS-related
EADs with certain validity dates are already extended for eligible beneficiaries of TPS Haiti through October 4, 2021 under the Federal Register Notice issued in compliance with preliminary injunction orders prohibiting the termination of Haitis TPS designation. See 85 FR
79208 Dec. 9, 2020 specifying EADs and other documentation that is continued pursuant to the court orders.
33 See 8 CFR 214.2f6.

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Special Student Relief employment authorization, the F1 nonimmigrant student may drop below twelve credit hours, or otherwise applicable minimum requirements with a minimum of six semester or quarter hours of instruction per academic term if at the undergraduate level, or a minimum of three semester or quarter hours of instruction per academic term if at the graduate level. See 8 CFR
214.2f5v, 214.2f6, 214.2f9i and ii.
How does an F1 nonimmigrant student who has received a TPS-related employment authorization document then apply for authorization to take a reduced course load under this notice?
There is no further application process with USCIS if a student has been approved for a TPS-related EAD.
However, the F1 nonimmigrant student must demonstrate and provide documentation to the DSO of the direct economic hardship resulting from the current crisis in Haiti. The DSO will then verify and update the students SEVIS record to enable the F1
nonimmigrant student with TPS to reduce their course load without any further action or application. No other EAD needs to be issued for the F1
nonimmigrant student to have employment authorization.
Can a student who has been granted TPS apply for reinstatement to F1
nonimmigrant student status after their F1 nonimmigrant student status has lapsed?
Yes. Current regulations permit certain students who fall out of F1
nonimmigrant student status to apply for reinstatement. See 8 CFR
214.2f16. This provision might apply to students who worked on a TPSrelated EAD or dropped their course load before publication of this notice, and therefore fell out of student status.
The student must satisfy the criteria set forth in the F1 nonimmigrant student status reinstatement regulations.
How long will this notice remain in effect?
This notice grants temporary relief until February 3, 2023,34 to eligible 34 Because the suspension of requirements under this notice applies throughout an academic term during which the suspension is in effect, DHS
considers an F1 nonimmigrant student who engages in a reduced course load or employment or both after this notice is effective to be engaging in a full course of study, see 8 CFR 214.2f6, and eligible for employment authorization, through the end of any academic term for which such student is matriculated as of February 3, 2023, provided the student satisfies the minimum course load requirement in this notice. DHS also considers
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F1 nonimmigrant students. DHS will continue to monitor the situation in Haiti. Should the special provisions authorized by this notice need modification or extension, DHS will announce such changes in the Federal Register.
Paperwork Reduction Act PRA
An F1 nonimmigrant student seeking off-campus employment authorization due to severe economic hardship must demonstrate to the DSO that this employment is necessary to avoid severe economic hardship. A DSO who agrees that a nonimmigrant student should receive such employment authorization must recommend an application approval to USCIS by entering information in the remarks field of the students SEVIS record. The authority to collect this information is in the SEVIS collection of information currently approved by the Office of Management and Budget OMB under OMB Control Number 16530038.
This notice also allows an eligible F1 nonimmigrant student to request employment authorization, work an increased number of hours while the academic institution is in session, and reduce their course load while continuing to maintain F1
nonimmigrant student status.
To apply for employment authorization, certain F1
nonimmigrant students must complete and submit a currently approved Form I765 according to the instructions on the form. OMB has previously approved the collection of information contained on the current Form I765, consistent with the PRA OMB Control No. 1615
0040. Although there will be a slight increase in the number of Form I765
filings because of this notice, the number of filings currently contained in the OMB annual inventory for Form I765 is sufficient to cover the additional filings. Accordingly, there is no further action required under the PRA.
Alejandro N. Mayorkas, Secretary, U.S. Department of Homeland Security.
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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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