81 FR 62520 - Extension of and Addition to Employment Authorization for Syrian F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of Civil Unrest in Syria Since March 2011

DEPARTMENT OF HOMELAND SECURITY

Federal Register Volume 81, Issue 175 (September 9, 2016)

This notice informs the public of the extension of and addition to an earlier notice, which suspended certain requirements for F-1 nonimmigrant students whose country of citizenship is Syria and who are experiencing severe economic hardship as a direct result of the civil unrest in Syria since March 2011. This notice extends the effective date of that notice and expands the application of such suspension to students whose country of citizenship is Syria and who lawfully obtained F-1 nonimmigrant student status between the date of the original notice and September 9, 2016.

[Federal Register Volume 81, Number 175 (Friday, September 9, 2016)]
[Notices]
[Pages 62520-62521]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-21525]


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DEPARTMENT OF HOMELAND SECURITY

[DHS Docket No. ICEB- 2013-0001]
RIN 1653-ZA10


Extension of and Addition to Employment Authorization for Syrian 
F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a 
Direct Result of Civil Unrest in Syria Since March 2011

AGENCY: U.S. Immigration and Customs Enforcement (ICE), DHS.

ACTION: Notice.

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SUMMARY: This notice informs the public of the extension of and 
addition to an earlier notice, which suspended certain requirements for 
F-1 nonimmigrant students whose country of citizenship is Syria and who 
are experiencing severe economic hardship as a direct result of the 
civil unrest in Syria since March 2011. This notice extends the 
effective date of that notice and expands the application of such 
suspension to students whose country of citizenship is Syria and who 
lawfully obtained F-1 nonimmigrant student status between the date of 
the original notice and September 9, 2016.

DATES: This notice is effective September 9, 2016 and will remain in 
effect until March 31, 2018.

FOR FURTHER INFORMATION CONTACT: Louis Farrell, Director, Student and 
Exchange Visitor Program, MS 5600, U.S. Immigration and Customs 
Enforcement, 500 12th Street SW., Washington, DC 20536-5600; email: 
[email protected], telephone: (703) 603-3400. This is not a toll-free 
number. Program information can be found at http://www.ice.gov/sevis/.

SUPPLEMENTARY INFORMATION: 

What action is DHS taking under this notice?

    The Secretary of Homeland Security is exercising his authority 
under 8 CFR 214.2(f)(9) to extend the suspension of the applicability 
of certain requirements governing on-campus and off-campus employment 
for F-1 nonimmigrant students whose country of citizenship is Syria and 
who are experiencing severe economic hardship as a direct result of the 
civil unrest in Syria since March 2011. See 77 FR 20038 (April 3, 
2012). This notice also suspends these same regulatory requirements for 
students whose country of citizenship is Syria and who lawfully 
obtained F-1 nonimmigrant student status between the date of the 
original notice and September 9, 2016. The original notice was 
effective from April 3, 2012 until October 3, 2013. A subsequent notice 
provided for an 18-month extension from October 3, 2013, through March 
31, 2015. See 78 FR 36211 (June 17, 2013). A third notice provided 
another 18-month extension from March 31, 2015, through September 30, 
2016. See 80 FR 232 (January 5, 2015). Effective with this publication, 
suspension of the employment limitations is extended for 18 months from 
September 30, 2016, until March 31, 2018. This publication also 
suspends the applicability of the same regulatory requirements in 8 CFR 
214.2(f)(9) for students who meet the requirements contained in the 
notice below as of September 9, 2016.
    F-1 nonimmigrant students granted employment authorization through 
the notice will continue to be deemed to be engaged in a ``full course 
of study'' for the duration of their employment authorization, provided 
they satisfy the minimum course load requirement described in 77 FR 
20038. See 8 CFR 214.2(f)(6)(i)(F).

Who is covered under this action?

    This notice applies exclusively to F-1 nonimmigrant students whose 
country of citizenship is Syria and who were lawfully present in the 
United States in F-1 nonimmigrant status on or after April 3, 2012, 
through September 9, 2016 under section 101(a)(15)(F)(i) of the 
Immigration and Nationality Act (INA), 8 U.S.C. 1101(a)(15)(F)(i); and 
are--
    (1) Enrolled in an institution that is Student and Exchange Visitor 
Program (SEVP)-certified for enrollment of F-1 students,
    (2) Currently maintaining F-1 status, and
    (3) Experiencing severe economic hardship as a direct result of the 
ongoing civil unrest in Syria since March 2011.
    ICE records show that as of August 2016, there are approximately 
700 Syrian F-1 Visa holders in active status who would be covered by 
this notice. This notice applies to both undergraduate and graduate 
students, as well as elementary school, middle school, and high school 
students. The notice, however, applies differently to elementary 
school, middle school, and high school students (see the discussion 
published at 77 FR 20040, available at http://www.thefederalregister.org/fdsys/pkg/FR-2012-04-03/pdf/2012-7960.pdf, in the question, ``Does this notice apply 
to elementary school, middle school, and high school students in F-1 
status?'').
    F-1 students covered by this notice who transfer to other academic 
institutions that are SEVP-certified for enrollment of F-1 students 
remain eligible for the relief provided by means of this notice.

Why is DHS taking this action?

    The Department of Homeland Security (DHS) took action to provide 
temporary relief to F-1 nonimmigrant students whose country of 
citizenship is Syria and who experienced severe economic hardship 
because of the civil unrest in Syria since March 2011. See 77 FR 20038 
(April 3, 2012). It enabled these F-1 students to obtain employment 
authorization, work an increased number of hours while school was in 
session, and reduce their course load, while continuing to maintain 
their F-1 student status. In June 2013 and again in January 2015, DHS 
acknowledged that the the civil unrest in Syria continued to affect 
Syria's citizens, with many people still displaced as a result. DHS 
extended the application of the original April 3, 2012, notice through 
September 30, 2016, to continue to provide temporary relief to Syrian 
F-1 students who experienced severe economic hardship as a result of 
the conflict. Despite DHS's determination that the civil conflict in 
Syria continued well beyond the October 3, 2013 expiration date of the 
original notice, previous extensions of the original notice did not 
make temporary relief available to Syrian F-1 students who became 
lawfully present in the United States in F-1 nonimmigrant status after 
April 3, 2012.
    The conflict in Syria continues to affect the physical and economic 
security of its citizens. Syria is experiencing ongoing civil unrest, 
resulting in the continuing displacement of massive numbers of its 
citizens. As of October 2015, a United Nations report indicated that 
approximately 6.5 million Syrians were internally displaced. A number 
of violent extremist groups have factored prominently in the conflict 
and pose a danger to civilians. Various radical Islamist organizations 
have been actively engaged in armed resistance in

[[Page 62521]]

Syria. In early 2014, the Islamic State of Iraq and the Levant (ISIL) 
emerged as one of the most significant radical Islamist fighting 
forces. The al-Nusra Front (also known as Jabhat Fateh al-Sham and/
orJabhat al Nusra) represents the interests of al-Qaeda in Syria. These 
jihadist groups have engaged in indiscriminate attacks including 
bombings and suicide attacks throughout Syria. Most recently on March 
17, 2016, U.S. Secretary of State John Kerry declared that ISIL had 
committed acts of genocide against groups of people living in areas of 
Syria under ISIL control, including Yezidis, Christians, and Shia 
Muslims.
    Furthermore, various aspects of the conflict including economic 
sanctions imposed by the international community have negatively 
affected the entire Syrian economy. A report published by the Syrian 
Center for Policy Research, referenced by a publication from the 
Carnegie Middle East Center in Beirut, indicated that by the end of 
2014, 82% of Syrian people lived in poverty, and the country had an 
unemployment rate of 58%. The report also estimated that 877,000 people 
in Syria became poor in part due to economic sanctions. As of December 
2014, the World Bank determined that the conflict in Syria 
significantly damaged public and private assets, with Syria's GDP 
having declined an average of 15.4%. The World Bank also assessed that 
inflation increased by almost 90% in 2013 and further increased an 
average of 29% in 2014. Given the conditions in Syria, affected 
students whose primary means of financial support come from Syria may 
need to be exempt from the normal student employment requirements to be 
able to continue their studies in the United States and meet basic 
living expenses.
    The United States is committed to continuing to assist the people 
of Syria. DHS is therefore extending this employment authorization for 
F-1 nonimmigrant students whose country of citizenship is Syria and who 
are continuing to experience severe economic hardship as a result of 
the civil unrest since March 2011, including those who became lawfully 
present in F-1 nonimmigrant status between April 3, 2012, and September 
9, 2016.

How do I apply for an employment authorization under the circumstances 
of this notice?

    F-1 nonimmigrant students whose country of citizenship is Syria who 
were lawfully present in the United States on or after April 3, 2012, 
through September 9, 2016, and are experiencing severe economic 
hardship because of the civil unrest, may apply for employment 
authorization under the guidelines described in 77 FR 20038. This 
notice extends the time period during which such F-1 students may seek 
employment authorization due to the civil unrest. It does not impose 
any new or additional policies or procedures beyond those listed in the 
original notice. All interested F-1 students should follow the 
instructions listed in the original notice.

Jeh Charles Johnson,
Secretary.
[FR Doc. 2016-21525 Filed 9-8-16; 8:45 am]
 BILLING CODE 9111-28-P