83 FR 30453 - Extension of Employment Authorization for Nepali F-1 Nonimmigrant Students Experiencing Severe Economic Hardship Relating to the April 25, 2015 Earthquake in the Federal Democratic Republic of Nepal

DEPARTMENT OF HOMELAND SECURITY

Federal Register Volume 83, Issue 125 (June 28, 2018)

This notice informs the public of the extension of suspension of certain regulatory requirements for F-1 nonimmigrant students whose country of citizenship is the Federal Democratic Republic of Nepal (Nepal) in order to avoid severe economic hardship that otherwise would result from the immediate, abrupt cessation of the temporarily suspended regulatory requirements governing on-campus and off-campus employment previously afforded due to the damage caused by the earthquake in Nepal on April 25, 2015. An earlier notice suspended these requirements for eligible Nepali F-1 nonimmigrant students. This notice extends eligibility for relief afforded under that earlier notice. Qualified students will continue to be allowed to apply for employment authorization and 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, 2019.

[Federal Register Volume 83, Number 125 (Thursday, June 28, 2018)]
[Notices]
[Pages 30453-30455]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13964]


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DEPARTMENT OF HOMELAND SECURITY

[DHS Docket No. ICEB-2015-0003]
RIN 1653-ZA14


Extension of Employment Authorization for Nepali F-1 Nonimmigrant 
Students Experiencing Severe Economic Hardship Relating to 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 suspension 
of certain regulatory requirements for F-1 nonimmigrant students whose 
country of citizenship is the Federal Democratic Republic of Nepal 
(Nepal) in order to avoid severe economic hardship that otherwise would 
result from the immediate, abrupt cessation of the temporarily 
suspended regulatory requirements governing on-campus and off-campus 
employment previously afforded due to the damage caused by the 
earthquake in Nepal on April 25, 2015. An earlier notice suspended 
these requirements for eligible Nepali F-1 nonimmigrant students. This 
notice extends eligibility for relief afforded under that earlier 
notice. Qualified students will continue to be allowed to apply for 
employment authorization and 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, 2019.

DATES: This F-1 notice is effective June 28, 2018 and will remain in 
effect through June 24, 2019.

FOR FURTHER INFORMATION CONTACT: Sharon Snyder, Unit Chief, 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 her 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 in order to 
avoid severe economic hardship that otherwise would result from the 
immediate, abrupt cessation of the temporarily suspended regulatory 
requirements governing on-campus and off-campus employment previously 
afforded due to the damage caused by 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. A subsequent 
notice provided for an 18-month extension from December 27, 2016 
through June 24, 2018. See 81 FR 95161 (Dec. 27, 2016). Effective with 
this publication, suspension of the requirements for qualifying 
students is extended from June 28, 2018 through June 24, 2019, after 
which the extension expires.
    The Secretary's decision to temporarily extend the suspension of 
certain requirements takes into account the factors that led to her 
decision to terminate Temporary Protected Status (TPS), as detailed 
below. The Secretary has determined that conditions in Nepal no longer 
support TPS designation. To provide for an orderly transition regarding 
TPS, the Secretary is terminating that designation effective at 11:59 
p.m., local time, on June 24, 2019. See 83 FR 23705 (May 22, 2018).
    For reasons that are similar to those leading to the decision to 
terminate Nepal's TPS designation, the Secretary is unlikely to further 
extend the suspension of the requirements governing on-campus and off-
campus employment for F-1 nonimmigrant students who are experiencing 
severe economic hardship (8 CFR 214.2(f)(9)) after June 24, 2019. DHS 
strongly advises individuals who would be impacted by such decision to 
take steps to prepare themselves for that

[[Page 30454]]

eventuality, including by establishing alternative means of financial 
support.
    During the time period that this notice is effective, 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 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; (5) require employment pursuant to this notice to avoid 
severe economic hardship that otherwise would result from the 
immediate, abrupt cessation of the temporarily suspended regulatory 
requirements governing on-campus and off-campus employment previously 
afforded due to the damage caused by the earthquake in Nepal of April 
25, 2015; and (6) were issued employment authorization or obtained 
other student relief (i.e., were permitted to work an increased number 
of hours while school was in session and/or reduce their course load 
while continuing to maintain F-1 student status) by June 24, 2018, on 
account of experiencing severe economic hardship as a direct result of 
the earthquake in Nepal on April 25, 2015.
    As of April 26, 2018, DHS estimates that there are approximately 
15,388 Nepali F-1 nonimmigrant students enrolled in schools in the 
United States. 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 during 
the time period that this notice is effective.

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 who 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.
    DHS has reviewed conditions in Nepal. Based on the review, the 
Secretary has determined that the circumstances supporting Nepal's 2015 
relief for emergent circumstances directly resulting from the magnitude 
7.8 earthquake that occurred on April 25, 2015 no longer exist as of 
the date of this notice. DHS has determined, however, that emergent 
circumstances justify extending until June 24, 2019, the effective date 
of the suspension of the requirements for the F-1 students who meet the 
aforementioned criteria because an immediate, abrupt cessation of the 
temporarily suspended regulatory requirements governing on-campus and 
off-campus employment could precipitate severe hardship for these 
students.
    Nepal has made considerable progress in post-earthquake recovery 
and reconstruction, and conditions in Nepal have significantly improved 
since the country's last F-1 student temporary relief extension in 
2016. The substantial disruption to living conditions has subsided for 
many of the Nepalese impacted by the earthquake. The number of citizens 
with access to clean water and sanitation has significantly increased, 
and reconstruction of thousands of homes has been completed or is 
underway. Schools and hospitals are functioning, and roads are being 
rebuilt. Additionally, government ministries and agencies are 
functioning at pre-earthquake levels, and the Government of Nepal is no 
longer temporarily unable to handle adequately the return of its 
nationals. See Termination of the Designation of Nepal for Temporary 
Protected Status, 83 FR 23705 (May 22, 2018).
    Nepal has received a significant amount of international aid to 
assist in earthquake recovery efforts, which enabled the completion of 
many reconstruction projects and will support ongoing reconstruction 
for years to come. Nepal has made good progress in housing 
reconstruction, with slightly more than one in seven homes destroyed 
having been rebuilt, and more than half of homes under construction. 
For the most part, schools and health facilities have resumed operating 
at pre-earthquake levels. Nationwide, only 11 percent of schools and 
less than 9 percent of health facilities remain impacted by earthquake 
damage. Access to clean water has returned to pre-earthquake levels, 
and there has been a gradual improvement in food security in areas most 
affected by the earthquake. In areas still waiting for community water 
systems to be rebuilt, communities have access to clean water from 
other sources. All national- and most subnational-level infrastructure 
damaged by the earthquake has been retrofitted or rebuilt.
    Thousands of Nepalese return annually to Nepal after working 
abroad, and the government has been able to accommodate the return of 
these citizens. In addition to receiving its returning nationals, Nepal 
is welcoming tourists, who are visiting Nepal at higher rates than 
before the earthquake.
    Given these developments, DHS finds that the previously existing 
need for eligible Nepali F-1 students to work an increased number of 
hours beyond those generally allowed under regulatory requirements to 
meet their basic living requirements no longer exists as a direct 
consequence of the earthquake. However, the Secretary recognizes that 
an immediate, abrupt cessation to the suspension of regulatory 
requirements may precipitate significant economic harm for students 
from Nepal who currently rely on the employment authorization issued or 
other student relief obtained pursuant to the temporarily suspended 
regulatory requirements. The Secretary has determined that these 
separate emergent circumstances justify a further extension of the 
suspension, and anticipates that an extension for an additional year 
will provide sufficient time to mitigate these reliance interests. 
Extending the suspension of regulatory requirements for the temporary 
period noted above will provide students with employment authorization 
for a limited period if they can establish significant economic 
hardship resulting from the emergent circumstances, and will allow them 
time to establish alternative means of financial support after the 
suspended requirements expire.

How do I apply for 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, meet the

[[Page 30455]]

eligibility requirements above, and would experience severe economic 
hardship for reasons described above may apply for employment 
authorization under the otherwise applicable guidelines described in 80 
FR 69237. However, an F-1 student seeking employment authorization due 
to severe economic hardship, in applying for such authorization based 
upon the separate emergent circumstances as determined by the Secretary 
as described above in this notice, must demonstrate to the Designated 
School Official (DSO) that the hardship would be precipitated by a 
cessation of previously authorized employment. For an F-1 student 
seeking off-campus employment authorization, in making the 
recommendation that the student be approved for such employment, the 
DSO, in addition to certifying the otherwise applicable information, 
will certify the student is a citizen of Nepal and requires employment 
pursuant to this notice to avoid severe economic hardship that 
otherwise would result from the immediate, abrupt cessation of the 
temporarily suspended regulatory requirements governing the employment 
that the student was previously afforded due to the damage caused by 
the earthquake in Nepal of April 25, 2015.
    This notice extends the time period during which such F-1 students 
may seek employment authorization. All interested F-1 students should 
follow the otherwise applicable instructions listed in the original 
notice.

Kirstjen M. Nielsen,
Secretary.
[FR Doc. 2018-13964 Filed 6-27-18; 8:45 am]
 BILLING CODE 9111-28-P