05-23309. 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 [phone].

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).

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	State	Zip code
Archdiocese of New Orleans	Academy of the Sacred Heart	New Orleans	LA	70115
Archdiocese of New Orleans	Christian Brothers School	New Orleans	LA	70124
Archdiocese of New Orleans	Henriette DeLille	New Orleans	LA	70126
Archdiocese of New Orleans	Holy Cross	New Orleans	LA	70117
Archdiocese of New Orleans	Holy Ghost	New Orleans	LA	70115
Archdiocese of New Orleans	Holy Name of Jesus	New Orleans	LA	70118
Archdiocese of New Orleans	Holy Rosary Academy	New Orleans	LA	70119
Archdiocese of New Orleans	House of the Holy Family	New Orleans	LA	70126
Archdiocese of New Orleans	Immaculate Heart of Mary	New Orleans	LA	70126
Archdiocese of New Orleans	Marian Central Catholic Middle School	New Orleans	LA	70126
Archdiocese of New Orleans	Our Lady of Lourdes	New Orleans	LA	70115
Archdiocese of New Orleans	Resurrection of Our Lord	New Orleans	LA	70127
Archdiocese of New Orleans	St. Alphonsus	New Orleans	LA	70130
Archdiocese of New Orleans	St. Anthony of Padua	New Orleans	LA	70119
Archdiocese of New Orleans	St. Benedict the Moor	New Orleans	LA	70126
Archdiocese of New Orleans	St. David	New Orleans	LA	70117
Archdiocese of New Orleans	St. Dominic	New Orleans	LA	70124
Archdiocese of New Orleans	St. Frances Xavier Cabrini	New Orleans	LA	70122
Archdiocese of New Orleans	St. Joan of Arc	New Orleans	LA	70118
Archdiocese of New Orleans	St. Joseph Central Catholic Elementary	New Orleans	LA	70122
Archdiocese of New Orleans	St. Leo the Great	New Orleans	LA	70119
Archdiocese of New Orleans	St. Mary of the Angels	New Orleans	LA	70117
Archdiocese of New Orleans	St. Paul the Apostle	New Orleans	LA	70126
Archdiocese of New Orleans	St. Pius X	New Orleans	LA	70124
Archdiocese of New Orleans	St. Raymond	New Orleans	LA	70122
Archdiocese of New Orleans	St. Stephen	New Orleans	LA	70115
Archdiocese of New Orleans	Stuart Hall School for Boys	New Orleans	LA	70118
Archdiocese of New Orleans	Ursuline Academy	New Orleans	LA	70118
Archdiocese of New Orleans	All Saints	New Orleans	LA	70114
Archdiocese of New Orleans	Holy Name of Mary	New Orleans	LA	70114
Archdiocese of New Orleans	Our Lady of Divine Providence	Metairie	LA	70003
Archdiocese of New Orleans	Our Lady of Perpetual Help	Kenner	LA	70062
Archdiocese of New Orleans	St. Angela Merici	Metairie	LA	70002
Archdiocese of New Orleans	St. Benilde	Metairie	LA	70001
Archdiocese of New Orleans	St. Catherine of Siena	Metairie	LA	70005
Archdiocese of New Orleans	St. Christopher	Metairie	LA	70001
Archdiocese of New Orleans	St. Clement of Rome	Metairie	LA	70002
Archdiocese of New Orleans	St. Edward the Confessor	Metairie	LA	70001
Archdiocese of New Orleans	St. Elizabeth Ann Seton	Kenner	LA	70065
Archdiocese of New Orleans	St. Francis Xavier	Metairie	LA	70005
Archdiocese of New Orleans	St. Louis King of France	Metairie	LA	70005
Archdiocese of New Orleans	St. Mary Magdalen	Metairie	LA	70003
Archdiocese of New Orleans	St. Matthew the Apostle	River Ridge	LA	70123
Archdiocese of New Orleans	St. Philip Neri	Metairie	LA	70003
Archdiocese of New Orleans	St. Rita	Harahan	LA	70123
Archdiocese of New Orleans	Immaculate Conception	Marrero	LA	70072
Archdiocese of New Orleans	Our Lady of Prompt Succor	Westwego	LA	70094
Archdiocese of New Orleans	St. Anthony	Gretna	LA	70053
Archdiocese of New Orleans	St. Cletus	Gretna	LA	70053
Archdiocese of New Orleans	St. Joseph the Worker	Marrero	LA	70072
Archdiocese of New Orleans	St. Rosalie	Harvey	LA	70058
Archdiocese of New Orleans	Visitation of Our Lady	Marrero	LA	70072
Archdiocese of New Orleans	Our Lady of Perpetual Help	Belle Chasse	LA	70037
Archdiocese of New Orleans	Our Lady of Prompt Succor	Chalmette	LA	70043
Archdiocese of New Orleans	St. Louise DeMarillac	Arabi	LA	70032
Archdiocese of New Orleans	St. Mark	Chalmette	LA	70043
Archdiocese of New Orleans	St. Robert Bellarmine	Arabi	LA	70032
Archdiocese of New Orleans	Sacred Heart of Jesus	Noco	LA	70079
Archdiocese of New Orleans	St. Charles Borromeo	Destrechan	LA	70047
Archdiocese of New Orleans	Ascension of Our Lord	LaPlace	LA	70068
Archdiocese of New Orleans	Our Lady of Grace	Reserve	LA	70084
Archdiocese of New Orleans	St. Joan of Arc	LaPlace	LA	70068
Archdiocese of New Orleans	St. Peter	Reserve	LA	70084
Archdiocese of New Orleans	Mary, Queen of Peace	Mandeville	LA	70471
Archdiocese of New Orleans	Our Lady of Lourdes	Slidell	LA	70458
Archdiocese of New Orleans	St. Margaret Mary	Slidell	LA	70458
Archdiocese of New Orleans	St. Peter	Covington	LA	70433
Archdiocese of New Orleans	Annunciation	Bogalusa	LA	70427
Archdiocese of New Orleans	Brother Martin	New Orleans	LA	70122
Archdiocese of New Orleans	Cabrini	New Orleans	LA	70119
Archdiocese of New Orleans	DeLaSalle	New Orleans	LA	70115
Archdiocese of New Orleans	Jesuit	New Orleans	LA	70119
Archdiocese of New Orleans	Mount Carmel Academy	New Orleans	LA	70124
Archdiocese of New Orleans	Redeemer-Seton	New Orleans	LA	70122
Archdiocese of New Orleans	St. Augustine	New Orleans	LA	70119
Archdiocese of New Orleans	St. Gerard Majella Alternative School	New Orleans	LA	70122
Archdiocese of New Orleans	St. Mary's Academy	New Orleans	LA	70126
Archdiocese of New Orleans	Xavier University Prep	New Orleans	LA	70115
Archdiocese of New Orleans	Archbishop Chapelle	Metairie	LA	70003
Archdiocese of New Orleans	Archbishop Rummel	Metairie	LA	70001
Archdiocese of New Orleans	Archbishop Blenk	Gretna	LA	70053
Archdiocese of New Orleans	Archbishop Shaw	Marrero	LA	70072
Archdiocese of New Orleans	Immaculata	Marrero	LA	70072
Archdiocese of New Orleans	Archbishop Hannan	Meraux	LA	70075
Archdiocese of New Orleans	St. Charles Catholic	LaPlace	LA	70068
Archdiocese of New Orleans	Pope John Paul II	Slidell	LA	70461
Archdiocese of New Orleans	The Saint Paul's School	Covington	LA	70433
Archdiocese of New Orleans	St. Scholastica Academy	Covington	LA	70433
Bass Memorial Academy	Bass Memorial Academy	Lumberton	MS	39455
Delgado Community College	Delgado Community College	New Orleans	LA	70119
Dillard University	Dillard University	New Orleans	LA	70122
East Central Community College	East Central Community College	Decatur	MS	39327
East Mississippi Community College	Scooba Campus	Scooba	MS	39358
Ecole Classique	Ecole Classique	New Orleans	LA	70112
English Language Center	University of South Alabama	Mobile	AL	36688
Faulkner State Community College	Faulkner State Community College	Bay Minette	AL	36507
Faulkner University	Faulkner University at Mobile	Mobile	AL	36609
John Curtis Christian School	John Curtis Christian School	River Ridge	LA	70123
Kaplan Test Prep, a division of Kaplan, Inc	Kaplan Test Prep—New Orleans, LA	New Orleans	LA	70118
Louisiana State University Health Sciences Center	Louisiana State University Health Sciences Center	New Orleans	LA	70006
Loyola University New Orleans	Loyola University New Orleans	New Orleans	LA	70118
Lutheran High School	Lutheran High School	Metairie	LA	70002
Meridian Community College	Meridian Community College	Meridian	MS	39307
Metairie Park Country Day School	Metairie Park Country Day School	Metairie	LA	70005
Mississippi Gulf Coast Community College	Perkinston Campus	Perkinston	MS	39573
Mississippi Gulf Coast Community College	Jefferson Davis Campus	Gulfport	MS	39507
Mississippi Gulf Coast Community College	Jackson County Campus	Gautier	MS	39553
Mobile County Public Schools	Division of Student Support Service	Mobile	AL	36602
Mobile County Public Schools	Baker High	Mobile	AL	36608
Mobile County Public Schools	Blount High	Prichard	AL	36610
Mobile County Public Schools	Bryant High	Irvington	AL	36544
Mobile County Public Schools	Citronelle High	Citronelle	AL	36522
Mobile County Public Schools	Davidson High	Mobile	AL	36609
Mobile County Public Schools	Montgomery High	Semmes	AL	36575
Mobile County Public Schools	Murphy High	Mobile	Al	36606
Mobile County Public Schools	Rain High	Mobile	AL	36605
Mobile County Public Schools	Satsuma High	Satsuma	AL	36572
Mobile County Public Schools	Shaw High	Mobile	Al	36608
Mobile County Public Schools	Theodore High	Theodore	AL	36582
Mobile County Public Schools	Vigor High	Prichard	AL	36610
Mobile County Public Schools	Williamson High	Mobile	AL	36605
Modern languages Institute	Modern Languages Institute	New Orleans	LA	70130
New Orleans Baptist Theological Seminary	New Orleans Baptist Theological Seminary	New Orleans	LA	70126
Nicholls State University	Nicholls State University	Thibodaux	LA	70301
Notre Dame Seminary	Notre Dame Seminary	New Orleans	LA	70118
Nunez Community College	Nunez Community College	Chalmette	LA	70043
Our Lady Holy Cross College	Our Lady Holy Cross College	New Orleans	LA	70131
Picayune School District	Picayune Memorial High School	Picayune	MS	39466
Remington College	Remington College	Metairie	LA	70005
Reserve Christian School	Reserve Christian School	Reserve	LA	70084
Ridgewood Preparatory School	Ridgewood Preparatory School	Metairie	LA	70001
Riverside Academy Corporation	Riverside Academy	Reserve	LA	70084
Saint Joseph Seminary College	St. Benedict	St. Benedict	LA	70457
School of Urban Missions	New Orleans School of Urban Missions	Gretna	LA	70053
Southeastern Baptist College	Southeastern Baptist College	Laurel	MS	39440
Southeastern Louisiana University	Southeastern Louisiana University	Hammond	LA	70402
Southern University at New Orleans	Southern University at New Orleans	New Orleans	LA	70126
Spring Hill College	Spring Hill College	Mobile	LA	36608
St. Paul's Episcopal School	St. Paul's Episcopal School	Mobile	LA	36608
St. Stanislaus College Prep	St. Stanislaus College Prep	Bay St. Louis	MS	39520
St. Stanislaus College Prep	Mercy Cross High School	Biloxi	MS	39530
St. Stanislaus College Prep	St. John High School	Gulfport	MS	39501
St. Stanislaus College Prep	Resurrection Catholic School	Pascagoula	MS	39567
St. Stanislaus College Prep	Nativity, B. V. M.	Biloxi	MS	39530
St. Stanislaus College Prep	Sacred Heart	Hattiesburg	MS	39401
The University of Southern Mississippi	Hattiesburg Campus	Hattiesburg	MS	39406
The University of Southern Mississippi	English Language Institute	Hattiesburg	MS	39406
Top Garden School	Top Garden School	Irvington	AL	36544
Tulane University	Tulane University	New Orleans	LA	70118
United States Sports Academy	United States Sports Academy	Daphne	AL	36526
University of Mobile	University of Mobile	Mobile	AL	36613
University of New Orleans	University of New Orleans	New Orleans	LA	70148
Unviersity of New Orleans	UNO Intensive English Language Program	New Orleans	LA	70148
University of South Alabama	University of South Alabama	Mobile	AL	36688
William Carey College	William Carey College	Hattiesburg	MS	39401
Xavier University of Louisiana	Xavier University of Louisiana	New Orleans	LA	70125

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 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 on-line 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 on-campus employment pursuant to this Notice, 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 off-campus 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.

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.

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.