81 FR 95161 - Extension of Employment Authorization for Nepali F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of the April 25, 2015 Earthquake in the Federal Democratic Republic of Nepal

DEPARTMENT OF HOMELAND SECURITY

Federal Register Volume 81, Issue 248 (December 27, 2016)

Page Range		95161-95162
FR Document		2016-31158

This notice informs the public of the extension of an earlier notice, which suspended certain requirements for F-1 nonimmigrant students whose country of citizenship is the Federal Democratic Republic of Nepal (Nepal) and who are experiencing severe economic hardship as a direct result of the earthquake in Nepal on April 25, 2015. This notice extends the effective date of that earlier notice. These students will continue to be allowed to apply for employment authorization, work an increased number of hours while school is in session provided that they satisfy the minimum course load requirement, while continuing to maintain their F-1 student status until June 24, 2018.

Federal Register, Volume 81 Issue 248 (Tuesday, December 27, 2016)

[Federal Register Volume 81, Number 248 (Tuesday, December 27, 2016)]
[Notices]
[Pages 95161-95162]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31158]


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DEPARTMENT OF HOMELAND SECURITY

[DHS Docket No. ICEB-2015-0003]
RIN 1653-ZA11


Extension of Employment Authorization for Nepali F-1 Nonimmigrant 
Students Experiencing Severe Economic Hardship as a Direct Result of 
the April 25, 2015 Earthquake in the Federal Democratic Republic of 
Nepal

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

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice informs the public of the extension of an earlier 
notice, which suspended certain requirements for F-1 nonimmigrant 
students whose country of citizenship is the Federal Democratic 
Republic of Nepal (Nepal) and who are experiencing severe economic 
hardship as a direct result of the earthquake in Nepal on April 25, 
2015. This notice extends the effective date of that earlier notice. 
These students will continue to be allowed to apply for employment 
authorization, work an increased number of hours while school is in 
session provided that they satisfy the minimum course load requirement, 
while continuing to maintain their F-1 student status until June 24, 
2018.

DATES: This notice is effective December 27, 2016 and will remain in 
effect through June 24, 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; (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 temporary suspension of certain 
requirements governing on-campus and off-campus employment for F-1 
nonimmigrant students whose country of citizenship is Nepal and who are 
experiencing severe economic hardship as a direct result of the 
earthquake in Nepal on April 25, 2015. See 80 FR 69237 (Nov. 9, 2015). 
The original notice was effective from November 9, 2015, until December 
24, 2016. Effective with this publication, suspension of the 
requirements is

[[Page 95162]]

extended for 18 months, from December 24, 2016, through June 24, 2018.
    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 80 FR 
69237. See 8 CFR 214.2(f)(6)(i)(F).

Who is covered under this action?

    This notice applies exclusively to F-1 nonimmigrant students who 
meet all of the following conditions: (1) Are lawful citizens of Nepal; 
(2) Were lawfully present in the United States in F-1 nonimmigrant 
status on April 25, 2015, under section 101(a)(15)(F)(i) of the 
Immigration and Nationality Act (INA), 8 U.S.C. 1101(a)(15)(F)(i); (3) 
Are enrolled in a school that is Student and Exchange Visitor Program 
(SEVP)-certified for enrollment of F-1 students; (4) Are currently 
maintaining F-1 status; and (5) Are experiencing severe economic 
hardship as a direct result of the damage caused by the earthquake in 
Nepal of April 25, 2015.
    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 80 FR 
69239 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 Nepal and experienced severe economic hardship as a 
direct result of the earthquake in Nepal in April 2015. See 80 FR 
69237. 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.
    Nepal continues to recover from the magnitude 7.8 earthquake that 
struck the country on April 25, 2015. The earthquake affected more than 
8 million people in Nepal, approximately 25 percent to 33 percent of 
Nepal's population, and damaged critical infrastructure in the country. 
While conditions have improved in the past 18 months, blockades along 
the border with India and civil unrest have delayed Nepal's 
reconstruction efforts.
    As of August 11, 2016, 12,189 F-1 students from Nepal were enrolled 
in courses in U.S. schools. Given the current conditions in Nepal, 
affected students whose primary means of financial support come from 
Nepal may need to be exempt from the normal student employment 
requirements to be able to continue their studies in the United States. 
The widespread disaster and delayed recovery in Nepal have made it 
unfeasible for many students to safely return to the country. Without 
employment authorization, these students may lack the means to meet 
basic living expenses.
    The United States is committed to continuing to assist the people 
of Nepal. DHS is therefore extending this employment authorization for 
F-1 nonimmigrant students whose country of citizenship is Nepal and who 
are continuing to experience severe economic hardship as a result of 
the earthquake in April 2015.

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

    F-1 nonimmigrant students whose country of citizenship is Nepal who 
were lawfully present in the United States on April 25, 2015, and are 
experiencing severe economic hardship as a direct result of the 
earthquake may apply for employment authorization under the guidelines 
described in 80 FR 69237. This notice extends the time period during 
which such F-1 students may seek employment authorization due to the 
earthquake. 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. 2016-31158 Filed 12-23-16; 8:45 am]
 BILLING CODE 4410-10-P

Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Notices 95161

DEPARTMENT OF HOMELAND DEPARTMENT OF HOMELAND DEPARTMENT OF HOMELAND
SECURITY SECURITY SECURITY

Federal Emergency Management Federal Emergency Management [DHS Docket No. ICEB–2015–0003]
Agency Agency RIN 1653–ZA11

[Internal Agency Docket No. FEMA–4283– [Internal Agency Docket No. FEMA–4286– Extension of Employment
DR; Docket ID FEMA–2016–0001] DR; Docket ID FEMA–2016–0001] Authorization for Nepali F–1
Nonimmigrant Students Experiencing
Florida; Amendment No. 8 to Notice of South Carolina; Amendment No. 8 to Severe Economic Hardship as a Direct
a Major Disaster Declaration Notice of a Major Disaster Declaration Result of the April 25, 2015 Earthquake
in the Federal Democratic Republic of
AGENCY:Federal Emergency AGENCY:Federal Emergency Nepal
Management Agency, DHS. Management Agency, DHS.
AGENCY: U.S. Immigration and Customs
ACTION: Notice. ACTION: Notice. Enforcement (ICE), DHS.
ACTION: Notice.
SUMMARY: This notice amends the notice SUMMARY: This notice amends the notice
of a major disaster declaration for State of a major disaster declaration for State SUMMARY: This notice informs the public
of Florida (FEMA–4283–DR), dated of South Carolina (FEMA–4286–DR), of the extension of an earlier notice,
October 8, 2016, and related dated October 11, 2016, and related which suspended certain requirements
determinations. determinations. for F–1 nonimmigrant students whose
country of citizenship is the Federal
DATES: Effective December 12, 2016. DATES: Effective December 16, 2016. Democratic Republic of Nepal (Nepal)
and who are experiencing severe
FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT:
economic hardship as a direct result of
Dean Webster, Office of Response and Dean Webster, Office of Response and the earthquake in Nepal on April 25,
Recovery, Federal Emergency Recovery, Federal Emergency 2015. This notice extends the effective
Management Agency, 500 C Street SW., Management Agency, 500 C Street SW., date of that earlier notice. These
Washington, DC 20472, (202) 646–2833. Washington, DC 20472, (202) 646–2833. students will continue to be allowed to
SUPPLEMENTARY INFORMATION: The SUPPLEMENTARY INFORMATION: The apply for employment authorization,
Federal Emergency Management Agency Federal Emergency Management Agency work an increased number of hours
(FEMA) hereby gives notice that (FEMA) hereby gives notice that while school is in session provided that
pursuant to the authority vested in the pursuant to the authority vested in the they satisfy the minimum course load
Administrator, under Executive Order Administrator, under Executive Order requirement, while continuing to
12148, as amended, Manny J. Toro, of 12148, as amended, Seamus K. Leary, of maintain their F–1 student status until
FEMA is appointed to act as the Federal FEMA is appointed to act as the Federal June 24, 2018.
Coordinating Officer for this disaster. Coordinating Officer for this disaster. DATES: This notice is effective December
27, 2016 and will remain in effect
This action terminates the This action terminates the through June 24, 2018.
appointment of Terry L. Quarles as appointment of W. Michael Moore as
FOR FURTHER INFORMATION CONTACT:
Federal Coordinating Officer for this Federal Coordinating Officer for this
Louis Farrell, Director, Student and
disaster. disaster.
Exchange Visitor Program; MS 5600,
The following Catalog of Federal Domestic The following Catalog of Federal Domestic U.S. Immigration and Customs
Assistance Numbers (CFDA) are to be used Assistance Numbers (CFDA) are to be used Enforcement; 500 12th Street SW.,
for reporting and drawing funds: 97.030, for reporting and drawing funds: 97.030, Washington, DC 20536–5600; (703) 603–
Community Disaster Loans; 97.031, Cora Community Disaster Loans; 97.031, Cora 3400. This is not a toll-free number.
Brown Fund; 97.032, Crisis Counseling; Brown Fund; 97.032, Crisis Counseling; Program information can be found at
97.033, Disaster Legal Services; 97.034, 97.033, Disaster Legal Services; 97.034, http://www.ice.gov/sevis/.
Disaster Unemployment Assistance (DUA); Disaster Unemployment Assistance (DUA);
SUPPLEMENTARY INFORMATION:
97.046, Fire Management Assistance Grant; 97.046, Fire Management Assistance Grant;
97.048, Disaster Housing Assistance to 97.048, Disaster Housing Assistance to What action is DHS taking under this
Individuals and Households In Presidentially Individuals and Households In Presidentially notice?
Declared Disaster Areas; 97.049, Declared Disaster Areas; 97.049,
The Secretary of Homeland Security
Presidentially Declared Disaster Assistance— Presidentially Declared Disaster Assistance—
is exercising his authority under 8 CFR
Disaster Housing Operations for Individuals Disaster Housing Operations for Individuals
214.2(f)(9) to extend the temporary
and Households; 97.050, Presidentially and Households; 97.050, Presidentially
suspension of certain requirements
Declared Disaster Assistance to Individuals Declared Disaster Assistance to Individuals
governing on-campus and off-campus
and Households—Other Needs; 97.036, and Households—Other Needs; 97.036,
employment for F–1 nonimmigrant
Disaster Grants—Public Assistance Disaster Grants—Public Assistance
students whose country of citizenship is
asabaliauskas on DSK3SPTVN1PROD with NOTICES

(Presidentially Declared Disasters); 97.039, (Presidentially Declared Disasters); 97.039,
Hazard Mitigation Grant. Hazard Mitigation Grant.
Nepal and who are experiencing severe
economic hardship as a direct result of
W. Craig Fugate, W. Craig Fugate, the earthquake in Nepal on April 25,
Administrator, Federal Emergency Administrator, Federal Emergency 2015. See 80 FR 69237 (Nov. 9, 2015).
Management Agency. Management Agency. The original notice was effective from
[FR Doc. 2016–31072 Filed 12–23–16; 8:45 am] [FR Doc. 2016–31071 Filed 12–23–16; 8:45 am] November 9, 2015, until December 24,
BILLING CODE 9111–23–P BILLING CODE 9111–23–P
2016. Effective with this publication,
suspension of the requirements is

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95162 Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Notices

extended for 18 months, from December population, and damaged critical ACTION: Notice.
24, 2016, through June 24, 2018. infrastructure in the country. While
F–1 nonimmigrant students granted conditions have improved in the past 18 SUMMARY: On October 5, 2016 at 81 FR
employment authorization through the months, blockades along the border 69073, HUD published a notice that
notice will continue to be deemed to be with India and civil unrest have delayed established the operating cost
engaged in a ‘‘full course of study’’ for Nepal’s reconstruction efforts. adjustment factors (OCAFs) for project-
the duration of their employment As of August 11, 2016, 12,189 F–1 based rental assistance contracts issued
authorization provided they satisfy the students from Nepal were enrolled in under Section 8 of the United States
minimum course load requirement courses in U.S. schools. Given the Housing Act of 1937 and renewed under
described in 80 FR 69237. See 8 CFR current conditions in Nepal, affected the Multifamily Assisted Housing
214.2(f)(6)(i)(F). students whose primary means of Reform and Affordability Act of 1997
financial support come from Nepal may (MAHRA) with an anniversary date on
Who is covered under this action?
need to be exempt from the normal or after February 11, 2017. OCAFs are
This notice applies exclusively to F– student employment requirements to be annual factors used primarily to adjust
1 nonimmigrant students who meet all able to continue their studies in the the rents for contracts renewed under
of the following conditions: (1) Are United States. The widespread disaster section 515 or section 524 of MAHRA.
lawful citizens of Nepal; (2) Were and delayed recovery in Nepal have The October 5, 2016, notice
lawfully present in the United States in made it unfeasible for many students to inadvertently stated, however, that the
F–1 nonimmigrant status on April 25, safely return to the country. Without floor for the OCAF was one percent. The
2015, under section 101(a)(15)(F)(i) of employment authorization, these statutory floor is zero percent. As a
the Immigration and Nationality Act students may lack the means to meet result, today’s notice corrects the
(INA), 8 U.S.C. 1101(a)(15)(F)(i); (3) Are basic living expenses. October 5, 2016, notice. For the
enrolled in a school that is Student and The United States is committed to convenience of the public, HUD is
Exchange Visitor Program (SEVP)- continuing to assist the people of Nepal. republishing the corrected notice in its
certified for enrollment of F–1 students; DHS is therefore extending this entirety. The factors in the table have
(4) Are currently maintaining F–1 employment authorization for F–1 not changed.
status; and (5) Are experiencing severe nonimmigrant students whose country DATES: Effective Date: February 11,
economic hardship as a direct result of of citizenship is Nepal and who are
the damage caused by the earthquake in 2017.
continuing to experience severe
Nepal of April 25, 2015. economic hardship as a result of the FOR FURTHER INFORMATION CONTACT: Stan
This notice applies to both earthquake in April 2015. Houle, Program Analyst, Office of Asset
undergraduate and graduate students, as Management and Portfolio Oversight,
well as elementary school, middle How do I apply for an employment Department of Housing and Urban
school, and high school students. The authorization under the circumstances Development, 451 7th Street SW.,
notice, however, applies differently to of this notice? Washington, DC 20410; telephone
elementary school, middle school, and F–1 nonimmigrant students whose number 202–402–2572 (this is not a toll-
high school students (see the discussion country of citizenship is Nepal who free number). Hearing- or speech-
published at 80 FR 69239 in the were lawfully present in the United impaired individuals may access this
question, ‘‘Does this notice apply to States on April 25, 2015, and are number through TTY by calling the toll-
elementary school, middle school, and experiencing severe economic hardship free Federal Relay Service at 800–877–
high school students in F–1 status?’’). as a direct result of the earthquake may 8339.
F–1 students covered by this notice apply for employment authorization SUPPLEMENTARY INFORMATION:
who transfer to other academic under the guidelines described in 80 FR
institutions that are SEVP-certified for 69237. This notice extends the time I. OCAFs
enrollment of F–1 students remain period during which such F–1 students
eligible for the relief provided by means Section 514(e)(2) and section 524(c)(1)
may seek employment authorization
of this notice. of MAHRA (42 U.S.C. 1437f note)
due to the earthquake. It does not
require HUD to establish guidelines for
Why is DHS taking this action? impose any new or additional policies
the development of OCAFs for rent
or procedures beyond those listed in the
The Department of Homeland adjustments. Sections 524(a)(4)(C)(i),
original notice. All interested F–1
Security (DHS) took action to provide 524(b)(1)(A), and 524(b)(3)(A) of
students should follow the instructions
temporary relief to F–1 nonimmigrant MAHRA, all of which prescribe the use
listed in the original notice.
students whose country of citizenship is of the OCAF in the calculation of
Nepal and experienced severe economic Jeh Charles Johnson, renewal rents, contain similar language.
hardship as a direct result of the Secretary. HUD has therefore used a single
earthquake in Nepal in April 2015. See [FR Doc. 2016–31158 Filed 12–23–16; 8:45 am] methodology for establishing OCAFs,
80 FR 69237. It enabled these F–1 BILLING CODE 4410–10–P
which vary from State to State.
students to obtain employment MAHRA gives HUD broad discretion
authorization, work an increased in setting OCAFs, referring, for example,
number of hours while school was in DEPARTMENT OF HOUSING AND in sections 524(a)(4)(C)(i), 524(b)(1)(A),
session, and reduce their course load 524(b)(3)(A) and 524(c)(1) simply to ‘‘an
asabaliauskas on DSK3SPTVN1PROD with NOTICES

URBAN DEVELOPMENT
while continuing to maintain their F–1 operating cost adjustment factor
student status. [Docket No. FR–5971–N–02] established by the Secretary.’’ The sole
Nepal continues to recover from the limitation to this grant of authority is a
Notice of Certain Operating Cost
magnitude 7.8 earthquake that struck specific requirement in each of the
Adjustment Factors for 2017
the country on April 25, 2015. The foregoing provisions that application of
earthquake affected more than 8 million AGENCY: Office of the Assistant an OCAF ‘‘shall not result in a negative
people in Nepal, approximately 25 Secretary for Housing—Federal Housing adjustment.’’ Contract rents are adjusted
percent to 33 percent of Nepal’s Commissioner, HUD. by applying the OCAF to that portion of

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Document Created: 2018-02-14 09:13:23
Document Modified: 2018-02-14 09:13:23

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Dates		This notice is effective December 27, 2016 and will remain in effect through June 24, 2018.
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; (703) 603- 3400. This is not a toll-free number. Program information can be found at http://www.ice.gov/sevis/.
FR Citation		81 FR 95161
RIN Number		1653-ZA11