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)

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, 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.

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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