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Page 1 of 9 [Federal Register: November 25, 2005 (Volume 70, Number 226)] [Rules and Regulations] [Page 70992-70996] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr25no05-2] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services 8 CFR Part 214 [CIS No. 2369-05; Docket No. USCIS-2005-0022] RIN 1615-ZA31 Short-Term Employment Authorization and Reduced Course Load for Certain F-1 Nonimmigrant Students Adversely Affected by Hurricane Katrina AGENCY: U.S. Citizenship and Immigration Services, DHS. ACTION: Notice of temporary rule suspension. ----------------------------------------------------------------------- SUMMARY: This document informs the public of the suspension of certain regulatory requirements for a specific group of F-1 nonimmigrant students who were enrolled in academic institutions located in areas that have been adversely affected by Hurricane Katrina. F-1 students who are granted short-term employment authorization pursuant to this document will be deemed to be engaged in a ``full course of study'' for the duration of their employment authorization, provided such students satisfy the minimum course load requirement set forth in this document. DATES: This document is effective November 25, 2005, and will remain in effect until February 1, 2006. FOR FURTHER INFORMATION CONTACT: Alanna Ow, Adjudications Officer, Office of Program and Regulations Development, U.S. Citizenship and Immigration Services, Department of Homeland Security, 111 Massachusetts Avenue NW, 3rd Floor, Washington, DC 20529, telephone (202) 272-8410. SUPPLEMENTARY INFORMATION: What action is the Department of Homeland Security (DHS) taking under this Notice? The Secretary of Homeland Security is exercising his authority under 8 CFR 214.2(f)(9) to temporarily suspend the applicability of certain requirements governing on-campus and off-campus employment. F-1 students, who are granted employment authorization pursuant to this Notice, will be deemed to be engaged in a ``full course of study'' for the duration of their employment authorization, provided such students satisfy the minimum course load requirement set forth in this Notice. See 8 CFR 214.2(f)(6)(F).

Page 2 of 9 [[Page 70993]] Who is covered by this Notice? This Notice applies exclusively to nonimmigrant aliens admitted to the United States in F-1 classification for duration of status under section 101(a)(15)(F)(i) of the Immigration and Nationality Act (Act), who: (1) On August 29, 2005, were lawfully present in the United States in F-1 status and enrolled in an institution, which is approved by DHS for enrollment of F-1 students and located in an area adversely affected by Hurricane Katrina; (2) are currently maintaining valid F-1 status; and (3) are experiencing severe economic hardship as a direct result of Hurricane Katrina. This Notice also applies to nonimmigrant aliens admitted to the United States in F-2 classification under section 101(a)(15)(F)(ii) of the Act, who are the dependents (spouse or minor children) of F-1 students covered by this Notice, provided that the F-1 student continues to maintain F-1 status. F-1 students otherwise covered by this Notice, who transfer to other academic institutions, which are approved by DHS for enrollment of F-1 students, remain eligible for the relief provided by means of this Notice. Why is DHS taking this action? Hurricane Katrina caused loss of life, caused extensive damage to property, and has disrupted normal activities in the states of Alabama, Louisiana, and Mississippi. Certain academic institutions that are located in the affected areas are consequently unable to operate normally, or at all, during the current academic term. Approximately 5,500 F-1 students were enrolled in academic institutions located in the areas adversely affected by Hurricane Katrina. As a result of this catastrophic natural disaster, many of these F-1 students are suffering severe economic hardship resulting from, among other things, costs incurred to replace lost or damaged possessions, and/or to transfer to other academic institutions. Moreover, many of these F-1 students are experiencing difficulty in satisfying the normal regulatory requirements for maintaining valid F-1 status, which include the pursuit of a ``full course of study'' pursuant to 8 CFR 214.2(f)(6). DHS is taking action to provide relief to these F-1 students so they may obtain short-term employment authorization, and consequently reduce their course load. Which academic institutions are covered by this Notice? This Notice lists the specific campuses of academic institutions, which are approved by DHS for enrollment of F-1 students and located in the areas adversely affected by Hurricane Katrina. In the event that DHS, after the publication of this Notice, identifies other academic institutions, which are approved by DHS for enrollment of F-1 students and located in areas adversely affected by Hurricane Katrina, DHS will extend the relief authorized under this Notice to eligible F-1 students who were enrolled in those academic institutions on August 29, 2005. ------------------------------------------------------------------------------------ School name Campus name City ------------------------------------------------------------------------------------ Archdiocese of New Orleans... Academy of the Sacred New Orleans... Heart. Archdiocese of New Orleans... Christian Brothers New Orleans...

Page 3 of 9 Archdiocese of New Orleans... Henriette DeLille... New Orleans... Archdiocese of New Orleans... Holy Cross... New Orleans... Archdiocese of New Orleans... Holy Ghost... New Orleans... Archdiocese of New Orleans... Holy Name of Jesus... New Orleans... Archdiocese of New Orleans... Holy Rosary Academy... New Orleans... Archdiocese of New Orleans... House of the Holy New Orleans... Family. Archdiocese of New Orleans... Immaculate Heart of New Orleans... Mary. Archdiocese of New Orleans... Marian Central New Orleans... Catholic Middle Archdiocese of New Orleans... Our Lady of Lourdes... New Orleans... Archdiocese of New Orleans... Resurrection of Our New Orleans... Lord. Archdiocese of New Orleans... St. Alphonsus... New Orleans... Archdiocese of New Orleans... St. Anthony of Padua.. New Orleans... Archdiocese of New Orleans... St. Benedict the Moor. New Orleans... Archdiocese of New Orleans... St. David... New Orleans... Archdiocese of New Orleans... St. Dominic... New Orleans... Archdiocese of New Orleans... St. Frances Xavier New Orleans... Cabrini. Archdiocese of New Orleans... St. Joan of Arc... New Orleans... Archdiocese of New Orleans... St. Joseph Central New Orleans... Catholic Elementary. Archdiocese of New Orleans... St. Leo the Great... New Orleans... Archdiocese of New Orleans... St. Mary of the Angels New Orleans... Archdiocese of New Orleans... St. Paul the Apostle.. New Orleans... Archdiocese of New Orleans... St. Pius X... New Orleans... Archdiocese of New Orleans... St. Raymond... New Orleans... Archdiocese of New Orleans... St. Stephen... New Orleans... Archdiocese of New Orleans... Stuart Hall School for New Orleans... Boys. Archdiocese of New Orleans... Ursuline Academy... New Orleans... Archdiocese of New Orleans... All Saints... New Orleans... Archdiocese of New Orleans... Holy Name of Mary... New Orleans... Archdiocese of New Orleans... Our Lady of Divine Metairie... Providence. Archdiocese of New Orleans... Our Lady of Perpetual Kenner... Help. Archdiocese of New Orleans... St. Angela Merici... Metairie... Archdiocese of New Orleans... St. Benilde... Metairie... Archdiocese of New Orleans... St. Catherine of Siena Metairie... Archdiocese of New Orleans... St. Christopher... Metairie... Archdiocese of New Orleans... St. Clement of Rome... Metairie... Archdiocese of New Orleans... St. Edward the Metairie... Confessor. Archdiocese of New Orleans... St. Elizabeth Ann Kenner... Seton. Archdiocese of New Orleans... St. Francis Xavier... Metairie... Archdiocese of New Orleans... St. Louis King of Metairie... France. Archdiocese of New Orleans... St. Mary Magdalen... Metairie... [[Page 70994]] Archdiocese of New Orleans... St. Matthew the Apostle. River Ridge...

Page 4 of 9 Archdiocese of New Orleans... St. Philip Neri... Metairie... Archdiocese of New Orleans... St. Rita... Harahan... Archdiocese of New Orleans... Immaculate Conception. Marrero... Archdiocese of New Orleans... Our Lady of Prompt Westwego... Succor. Archdiocese of New Orleans... St. Anthony... Gretna... Archdiocese of New Orleans... St. Cletus... Gretna... Archdiocese of New Orleans... St. Joseph the Worker. Marrero... Archdiocese of New Orleans... St. Rosalie... Harvey... Archdiocese of New Orleans... Visitation of Our Lady Marrero... Archdiocese of New Orleans... Our Lady of Perpetual Belle Chasse... Help. Archdiocese of New Orleans... Our Lady of Prompt Chalmette... Succor. Archdiocese of New Orleans... St. Louise DeMarillac. Arabi... Archdiocese of New Orleans... St. Mark... Chalmette... Archdiocese of New Orleans... St. Robert Bellarmine. Arabi... Archdiocese of New Orleans... Sacred Heart of Jesus. Noco... Archdiocese of New Orleans... St. Charles Borromeo.. Destrechan... Archdiocese of New Orleans... Ascension of Our Lord. LaPlace... Archdiocese of New Orleans... Our Lady of Grace... Reserve... Archdiocese of New Orleans... St. Joan of Arc... LaPlace... Archdiocese of New Orleans... St. Peter... Reserve... Archdiocese of New Orleans... Mary, Queen of Peace.. Mandeville... Archdiocese of New Orleans... Our Lady of Lourdes... Slidell... Archdiocese of New Orleans... St. Margaret Mary... Slidell... Archdiocese of New Orleans... St. Peter... Covington... Archdiocese of New Orleans... Annunciation... Bogalusa... Archdiocese of New Orleans... Brother Martin... New Orleans... Archdiocese of New Orleans... Cabrini... New Orleans... Archdiocese of New Orleans... DeLaSalle... New Orleans... Archdiocese of New Orleans... Jesuit... New Orleans... Archdiocese of New Orleans... Mount Carmel Academy.. New Orleans... Archdiocese of New Orleans... Redeemer-Seton... New Orleans... Archdiocese of New Orleans... St. Augustine... New Orleans... Archdiocese of New Orleans... St. Gerard Majella New Orleans... Alternative Archdiocese of New Orleans... St. Mary's Academy... New Orleans... Archdiocese of New Orleans... Xavier University Prep New Orleans... Archdiocese of New Orleans... Archbishop Chapelle... Metairie... Archdiocese of New Orleans... Archbishop Rummel... Metairie... Archdiocese of New Orleans... Archbishop Blenk... Gretna... Archdiocese of New Orleans... Archbishop Shaw... Marrero... Archdiocese of New Orleans... Immaculata... Marrero... Archdiocese of New Orleans... Archbishop Hannan... Meraux... Archdiocese of New Orleans... St. Charles Catholic.. LaPlace... Archdiocese of New Orleans... Pope John Paul II... Slidell... Archdiocese of New Orleans... The Saint Paul's Covington... Archdiocese of New Orleans... St. Scholastica Covington... Academy. Bass Memorial Academy... Bass Memorial Academy. Lumberton... Delgado Community... Delgado Community New Orleans... Dillard University... Dillard University... New Orleans... East Central Community... East Central Community Decatur... East Mississippi Community Scooba Campus... Scooba... Ecole Classique... Ecole Classique... New Orleans... English Language Center... University of South Mobile...

Page 5 of 9 Alabama. Faulkner State Community.. Faulkner State Bay Minette... Community Faulkner University... Faulkner University at Mobile... Mobile. John Curtis Christian... John Curtis Christian River Ridge... Kaplan Test Prep, a division of Kaplan Test Prep--New New Orleans... Kaplan, Inc. Orleans, LA. Louisiana State University Health Louisiana State New Orleans... Sciences Center. University Health Sciences Center. Loyola University New Orleans... Loyola University New New Orleans... Orleans. Lutheran High... Lutheran High. Metairie... Meridian Community... Meridian Community Meridian... Metairie Park Country Day.. Metairie Park Country Metairie... Day Mississippi Gulf Coast Community Perkinston Campus... Perkinston... Mississippi Gulf Coast Community Jefferson Davis Campus Gulfport... Mississippi Gulf Coast Community Jackson County Campus. Gautier... Mobile County Public Schools... Division of Student Mobile... Support Service. Mobile County Public Schools... Baker High... Mobile... Mobile County Public Schools... Blount High... Prichard... Mobile County Public Schools... Bryant High... Irvington... Mobile County Public Schools... Citronelle High... Citronelle... Mobile County Public Schools... Davidson High... Mobile... Mobile County Public Schools... Montgomery High... Semmes... Mobile County Public Schools... Murphy High... Mobile... [[Page 70995]] Mobile County Public Schools... Rain High... Mobile... Mobile County Public Schools... Satsuma High... Satsuma... Mobile County Public Schools... Shaw High... Mobile... Mobile County Public Schools... Theodore High... Theodore... Mobile County Public Schools... Vigor High... Prichard... Mobile County Public Schools... Williamson High... Mobile... Modern languages Institute... Modern Languages New Orleans... Institute. New Orleans Baptist Theological New Orleans Baptist New Orleans... Seminary. Theological Seminary. Nicholls State University... Nicholls State Thibodaux... University. Notre Dame Seminary... Notre Dame Seminary... New Orleans... Nunez Community... Nunez Community Chalmette... Our Lady Holy Cross... Our Lady Holy Cross New Orleans... Picayune School District... Picayune Memorial High Picayune... Remington... Remington... Metairie... Reserve Christian... Reserve Christian Reserve...

Page 6 of 9 Ridgewood Preparatory... Ridgewood Preparatory Metairie... Riverside Academy Corporation... Riverside Academy... Reserve... Saint Joseph Seminary... St. Benedict... St. Benedict... School of Urban Missions... New Orleans School of Gretna... Urban Missions. Southeastern Baptist... Southeastern Baptist Laurel... Southeastern Louisiana University.. Southeastern Louisiana Hammond... University. Southern University at New Orleans. Southern University at New Orleans... New Orleans. Spring Hill... Spring Hill.. Mobile... St. Paul's Episcopal... St. Paul's Episcopal Mobile... St. Stanislaus College Prep... St. Stanislaus College Bay St. Louis... Prep. St. Stanislaus College Prep... Mercy Cross High Biloxi... St. Stanislaus College Prep... St. John High. Gulfport... St. Stanislaus College Prep... Resurrection Catholic Pascagoula... St. Stanislaus College Prep... Nativity, B. V. M... Biloxi... St. Stanislaus College Prep... Sacred Heart... Hattiesburg... The University of Southern Hattiesburg Campus... Hattiesburg... Mississippi. The University of Southern English Language Hattiesburg... Mississippi. Institute. Top Garden... Top Garden... Irvington... Tulane University... Tulane University... New Orleans... United States Sports Academy... United States Sports Daphne... Academy. University of Mobile... University of Mobile.. Mobile... University of New Orleans... University of New New Orleans... Orleans. Unviersity of New Orleans... UNO Intensive English New Orleans... Language Program. University of South Alabama... University of South Mobile... Alabama. William Carey... William Carey Hattiesburg... Xavier University of Louisiana... Xavier University of New Orleans... Louisiana. ------------------------------------------------------------------------------------ What regulatory requirements in 8 CFR 214.2(f)(9) does this Notice temporarily suspend? 1. On-Campus Employment For F-1 students covered by this Notice, the Secretary of Homeland Security is suspending temporarily the applicability of the requirement in 8 CFR 214.2(f)(9)(i) that limits an F-1 student to no more than 20 hours per week of on-campus employment when school is in session. 2. Off-Campus Employment For F-1 students covered by this Notice, the Secretary of Homeland Security is suspending temporarily the applicability of the following regulatory requirements: (a) The requirement in 8 CFR 214.2(f)(9)(ii)(A), that limits an F-1 student to no more than 20 hours

Page 7 of 9 per week of off-campus employment when school is in session; (b) the requirement in 8 CFR 214.2(f)(9)(ii)(D)(1), that requires a student to be in F-1 status for one full academic year in order to be eligible for off-campus employment; and (c) the requirement in 8 CFR 214.2(f)(9)(ii)(D)(3), that requires an F-1 student to demonstrate that acceptance of employment will not interfere with the student's carrying a full course of study. Will F-1 students who are granted employment authorization pursuant to this Notice be authorized to reduce their normal course load? Yes. Pursuant to 8 CFR 214.2(f)(6)(i)(F), F-1 students, who are granted employment authorization pursuant to this Notice, will be deemed to be engaged in a ``full course of study'' for the duration of their employment authorization, provided such students satisfy the minimum course load requirement set forth in this Notice. What is the minimum course load requirement set forth in this Notice? Pursuant to 8 CFR 214.2(f)(5)(v), undergraduate level F-1 students who are granted employment authorization pursuant to this Notice must remain registered for a minimum of 6 semester/quarter hours of instruction per academic term, and graduate level F-1 students who are granted employment authorization pursuant to this Notice must remain registered for a minimum of 3 semester/quarter hours of instruction per academic term. In addition, pursuant to 8 CFR 214.2(f)(6)(i)(G), F-1 students granted employment authorization pursuant to this Notice, both at the undergraduate level and the graduate level, may count the equivalent of one class or three credits per semester/quarter of online or distance education toward satisfying this minimum course load requirement. How may F-1 students covered by this Notice obtain employment authorization pursuant to this Notice? 1. On-Campus Employment An F-1 student covered by this Notice, who seeks to pursue oncampus employment pursuant to this Notice, [[Page 70996]] must demonstrate to the Designated School Official (DSO) at the academic institution where the F-1 student currently is enrolled that such employment is necessary to avoid severe economic hardship resulting from Hurricane Katrina. See 8 CFR 214.2(f)(9)(i). The DSO should sign, date, and include the following notation in the student employment box on page 3 of Form I-20: ``Approved for more than 20 hours per week of on-campus employment until February 1, 2006, pursuant to Hurricane Katrina Special Student Relief.'' By making this notation, the DSO certifies that the F-1 student is covered by this Notice. 2. Off-Campus Employment An F-1 student covered by this Notice, who seeks to pursue offcampus employment pursuant to this Notice, must file a complete Form I- 765, Application for Employment Authorization, including required supporting documentation, with the USCIS Texas Service Center at: U.S. Citizenship and Immigration Services, Texas Service Center, P.O. Box 853062, Mesquite, TX 75815-3062.

Page 8 of 9 The front of the envelope, on the bottom right-hand side, should include the following notation: ``HURRICANE KATRINA SPECIAL STUDENT RELIEF.'' Failure to include this notation may result in significant processing delays. An application package is complete if it contains: (1) A properly completed Form I-765, Application for Employment Authorization, with the required fee or, if the F-1 student believes he or she is eligible for a waiver of this fee, a written affidavit or unsworn declaration, which requests waiver of the fee under 8 CFR 103.7(c) and explains the reasons why the student is unable to pay the prescribed fee, and (2) Form I-20 with a recommendation for off-campus employment from the DSO at the academic institution where the F-1 student is currently enrolled. See 8 CFR 214.2(f)(9)(ii)(D). The DSO should sign, date, and include the following notation in the student employment box on page 3 of Form I-20: ``Approved for more than 20 hours per week of off-campus employment until February 1, 2006, pursuant to Hurricane Katrina Special Student Relief.'' By making this notation, the DSO certifies that the F-1 student is covered by this Notice. If U.S. Citizenship and Immigration Services (USCIS) approves the F-1 student's Form I-765, Application for Employment Authorization, USCIS will send the student a Form I-766, Employment Authorization Document, to evidence his or her employment authorization. The Form I- 766 will contain an expiration date that will not extend beyond February 1, 2006. If USCIS denies the F-1 student's Form I-765, Application for Employment Authorization, USCIS will notify the student of the decision, and the reason(s) for the denial. Is there a cut-off date for the filing of a Form I-765, Application for Employment Authorization, pursuant to this Notice? No. DHS has not established a cut-off date for the filing of a Form I-765, Application for Employment Authorization, pursuant to this Notice. Any benefits granted by means of this Notice, however, will expire no later than February 1, 2006. While USCIS will exercise its best efforts to process such applications in as prompt a manner as possible, F-1 students applying for employment authorization pursuant to this Notice should bear in mind this expiration date when submitting their Forms I-765, Applications for Employment Authorization. Will F-2 dependents (spouse or minor children) of F-1 students covered by this Notice be eligible to apply for employment authorization? No. Pursuant to 8 CFR 214.2(f)(15)(i), an F-2 dependent (spouse or minor children) of an F-1 student, may not accept employment. Will F-1 students covered by this Notice be required to apply for reinstatement after February 1, 2006? No. F-1 students, who are granted employment authorization pursuant to this Notice, will be deemed to be engaged in a ``full course of study'' for the duration of their employment authorization, provided such undergraduate level F-1 students remain registered for a minimum of 6 semester/quarter hours of instruction per academic term, and such graduate level F-1 students remain registered for a minimum of 3 semester/quarter hours of instruction per academic term. See 8 CFR 214.2(f)(5)(v). Such F-1 students, therefore, would not be required to apply for reinstatement under 8 CFR 214.2(f)(16) if they are otherwise maintaining F-1 status.

Page 9 of 9 How long will this Notice remain in effect? This Notice grants temporary relief to a specific group of F-1 students for the estimated length of the current academic term. As such, this Notice will remain in effect until February 1, 2006. During this period, DHS will continue to monitor the adverse impact of Hurricane Katrina in the affected areas to determine if modification or rescission of these special provisions is warranted. Should these special provisions be modified or rescinded prior to February 1, 2006, DHS will announce such changes in the Federal Register. Paperwork Reduction Act The information collection requirements contained in this rule have been cleared by the Office of Management and Budget (OMB) under the provisions of the Paperwork Reduction Act. Clearance numbers for these collections are contained in 8 CFR 299.5, Display Control Numbers, and are noted herein. Form I-765, Application for Employment Authorization, OMB Control Number 1615-0040. Dated: November 17, 2005. Michael Chertoff, Secretary. [FR Doc. 05-23309 Filed 11-23-05; 8:45 am] BILLING CODE 4410-10-P