[Federal Register Volume 63, Number 111 (Wednesday, June 10, 1998)]
[Rules and Regulations]
[Pages 31872-31874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15507]
[[Page 31871]]
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Part V
Department of Justice
_______________________________________________________________________
Immigration and Naturalization Service
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8 CFR Part 214
Authorizing Suspension of Applicability of Employment Authorization
Requirements in Emergent Circumstances for Certain F-1 Students;
Employment Authorization for Certain F-1 Nonimmigrant Students Whose
Means of Financial Support Comes From Indonesia, South Korea, Malaysia,
Thailand, or the Philippines; Rules
Federal Register / Vol. 63, No. 111 / Wednesday, June 10, 1998 /
Rules and Regulations
[[Page 31872]]
DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Part 214
[INS No. 1914-98]
RIN 1115-AF15
Authorizing Suspension of Applicability of Employment
Authorization Requirements in Emergent Circumstances for Certain F-1
Students
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Interim rule with request for comments.
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SUMMARY: This interim rule amends the regulations of the Immigration
and Naturalization Service (Service) that apply to nonimmigrant aliens
who are admitted to the United States in F-1 student classification for
duration of status under section 101(a)(15)(F)(i) of the Immigration
and Nationality Act (Act), and who are seeking either on-campus
employment or authorization for off-campus employment. The rule allows
the Commissioner, by notice in the Federal Register, to permit
specified F-1 students to engage in on-campus employment for more than
20 hours per week and to suspend the applicability of the eligibility
requirements for off-campus employment authorization, where emergent
circumstances exist. F-1 students who find it necessary to reduce their
normal course of study in order to engage in this specially authorized
employment will be considered to be maintaining status and pursuing a
full course of study. This interim rule is necessary to provide a means
for the Service to take immediate action when emergency situations
arise.
DATES: Effective date: This interim rule is effective June 10, 1998.
Comment date: Written comments must be submitted on or before
August 10, 1998.
ADDRESSES: Please submit written comments, in triplicate, to the
Director, Policy Directives and Instructions Branch, Immigration and
Naturalization Service, 425 I Street, NW., Room 5307, Washington, DC
20536. To ensure proper handling, please reference INS No. 1914-98 on
your correspondence. Comments are available for public inspection at
the above address by calling (202) 514-3048 to arrange for an
appointment.
FOR FURTHER INFORMATION CONTACT: Maurice R. Berez, Adjudications
Officer, Office of Adjudications, Immigration and Naturalization
Service, 425 I Street NW., Room 3214, Washington, DC 20536, telephone
(202) 514-5014.
SUPPLEMENTARY INFORMATION:
Background
Current regulations at 8 CFR 214.2(f)(8) permit F-1 students to
engage in on-campus or off-campus employment while pursuing their
studies in the United States as long as certain requirements are met.
The regulations provide no flexibility in these requirements. Crises
may arise, however, that warrant suspension of some or all of the
requirements for certain students. An amendment to the current
regulations is necessary to provide the Commissioner a means to
institute immediate measures for affected students in case of a crisis.
The most expedient means is by notice in the Federal Register. This
interim rule amends the regulations to provide such a procedure with
respect to on-campus employment, off-campus employment authorization,
duration of status, and full course of study.
On-Campus Employment
Under the current regulations for on-campus employment at 8 CFR
214.2(f)(9)(i), F-1 students may work no more than 20 hours per week
when school is in session. Current regulations provide no exceptions to
thIS limitation. This rule amends the regulations for on-campus
employment to permit the Commissioner, by notice in the Federal
Register, to allow specified F-1 students to work on-campus more than
20 hours per week for a temporary period where an emergency situation
has arisen. Before a student may engage in such employment, the student
must demonstrate to the Designated School Official (DSO) at the
student's school that the employment is necessary to avoid severe
economic hardship resulting from the emergency, and the DSO must notate
the student's Form I-20, Certificate of Eligibility for Nonimmigrant
(F-1) Student Status, in accordance with the Federal Register document.
Off-Campus Employment Authorization
Current regulations at 8 CFR 214.2(f)(9)(ii) provide that an F-1
student may be authorized to work off-campus where: the student has
been in F-1 status for one full academic year; the student is in good
academic standing and is carrying a ``full course of study;'' the
student demonstrates that the employment will not interfere with his or
her ability to carry a full course of study; and the student
demonstrates that he or she must work to avoid severe economic hardship
due to unforeseen circumstances beyond the student's control. Just as
with on-campus employment, a student granted off-campus employment
authorization may work no more than 20 hours per week when school is in
session. The student may work full-time during holidays or school
vacations. Section 214.2(f)(9)(ii)(A) of the current regulations
provides for automatic termination of employment authorization where
the student fails to maintain his or her F-1 status as set forth in 8
CFR 214.2(f)(5).
To provide the necessary flexibility to address unforeseeable
emergencies, this rule amends the regulations to allow the
Commissioner, by notice in the Federal Register, to suspend the
applicability of some or all of the requirements for off-campus
employment authorization for specified F-1 students where an emergency
situation has arisen calling for this action.
Duration of Status and Full Course of Study
To maintain F-1 status, all F-1 students must pursue a full course
of study. The time during which an F-1 student is pursuing a full
course of study is called ``duration of status.'' See 8 CFR
214.2(f)(5). An F-1 student who pursues less than a full course of
study and violates his or her status can seek reinstatement if he or
she meets the requirements of 8 CFR 214.2(f)(16). Where the
Commissioner has exercised her authority established by this interim
rule to suspend the applicability of the requirements for on-campus and
off-campus employment authorization by notice in the Federal Register,
affected F-1 students may, but are not required to, pursue less than
their normal course of study in order to meet their financial needs by
accepting the authorized employment. So that these students will not be
considered to have violated their status, this interim rule amends the
regulations at 8 CFR 214.2(f)(5) to provide that affected F-1 students
carrying a reduced course load will be considered to be in status
during the authorized employment, as long as the student remains
registered for a minimum course load, which will be specified in the
Federal Register document. Under the rule, in no event may the minimum
course load be less than 6 semester or quarter hours of instruction per
academic term if the student is at the undergraduate level or 3
semester or quarter hours of instruction per academic term if the
student is at the graduate level. In addition, the rule amends the
regulations defining ``full course of study'' at 8 CFR 214.2(f)(6) to
provide
[[Page 31873]]
that affected F-1 students carrying a reduced course load will be
deemed to be engaged in a full course of study during the authorized
employment, as long as the student remains registered for a minimum
course load, which may not be less than the number of semester or
quarter hours specified in the Federal Register document. Because
affected F-1 students who must reduce their course load will be
considered to be in status, they do not need to request reinstatement
to return to a full course of study.
Good Cause Exception
The Service's implementation of this rule as an interim rule, with
provision for post-promulgation public comment, is based upon the
``good cause'' exception found at 5 U.S.C. 553(b)(3)(B) and 553(d)(3).
This rule permits the Commissioner to suspend the application of
certain regulatory requirements where an emergency situation arises
calling for such action. Immediate implementation is necessary because
emergency circumstances have, in fact, arisen that require immediate
action by the Service. A number of Asian countries are experiencing an
extreme economic crisis as a result of a sharp drop in the value of
their currencies. This crisis will have a severe impact on the United
States' national interest. Thailand, Indonesia, Malaysia, South Korea,
and the Philippines are among the hardest hit by this crisis.
There are approximately 80,000 nationals currently in the United
States whose means of financial support comes from one of these five
countries. As a result of the crisis in the five countries, many of
these students may not be able to afford to remain in school or meet
living expenses and will be forced to leave the United States. The
President and the Secretary of State have requested the Government to
assist in addressing this crisis in order to further important foreign
policy interests. In light of this crisis, the Service must implement a
mechanism to aid affected students immediately. In this issue of the
Federal Register, the Service is simultaneously issuing a document with
this interim rule to notify the public of the suspension of
applicability of certain requirements under 8 CFR 214.2(f)(9) for F-1
students whose means of financial support comes from South Korea,
Thailand, Indonesia, Malaysia and the Philippines.
Regulatory Flexibility Act
The Commissioner of the Immigration and Naturalization Service, in
accordance with 5 U.S.C. 605(b), has reviewed this interim rule and, by
approving it, certifies that this rule does not have a significant
economic impact on a substantial number of small entities since this
rule affects individual aliens, not small entities as that term is
defined in 5 U.S.C. 601(b).
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by state, local and
tribal governments, in the aggregate, or by the private sector, of $100
million or more in any 1 year, and it will not significantly or
uniquely affect small governments. Therefore, no actions were deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by section 804 of the
Small Business Regulatory Enforcement Act of 1996. This rule will not
result in an annual effect on the economy of $100 million or more; a
major increase in costs or prices; or significant adverse effects on
competition, employment, investment, productivity, innovation, or on
the ability of United States-based companies to compete with foreign-
based companies in domestic and export markets.
Executive Order 12866
This rule is considered by the Department of Justice, Immigration
and Naturalization Service, to be a ``significant regulatory action''
under Executive Order 12866, section 3(f), Regulatory Planning and
Review. Accordingly, it has been submitted to the Office of Management
and Budget for review.
Executive Order 12612
The regulation adopted herein will not have substantial direct
effects on the States, on the relationship between the National
Government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this rule
does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
Executive Order 12988 Civil Justice Reform
This interim rule meets the applicable standards set forth in
sections 3(a) and 3(b)(2) of E.O. 12988.
List of Subjects in 8 CFR Part 214
Administrative practice and procedures, Aliens, Employment,
Organization and functions (Government agencies).
Accordingly, part 214 of chapter I of title 8 of the Code of
Federal Regulations is amended as follows:
PART 214--NONIMMIGRANT CLASSES
1. The authority citation for part 214 continues to read as
follows:
Authority: 8 U.S.C. 1101, 1103, 1182, 1184, 1186a, 1187, 1221,
1281, 1282; 8 CFR part 2.
2. Section 214.2 is amended by:
a. Adding a new paragraph (f)(5)(v);
b. Adding a new paragraph (f)(6)(i)(F);
c. Revising the fifth sentence in paragraph (f)(9)(i); and by
d. Adding a sentence at the end of paragraph (f)(9)(ii)(A), to read
as follows:
Sec. 214.2 Special requirements for admission, extension, and
maintenance of status.
* * * * *
(f) * * *
(5) * * *
(v) Emergent circumstances as determined by the Commissioner. Where
the Commissioner has suspended the applicability of any or all of the
requirements for on-campus or off-campus employment authorization for
specified students pursuant to paragraphs (f)(9)(i) or (f)(9)(ii) of
this section by notice in the Federal Register, an affected student who
needs to reduce his or her full course of study as a result of
accepting employment authorized by such notice in the Federal Register
will be considered to be in status during the authorized employment,
subject to any other conditions specified in the notice, provided that,
for the duration of the authorized employment, the student is
registered for the number of semester or quarter hours of instruction
per academic term specified in the notice, which in no event shall be
less than 6 semester or quarter hours of instruction per academic term
if the student is at the undergraduate level or less than 3 semester or
quarter hours of instruction per academic term if the student is at the
graduate level, and is continuing to make progress toward completing
the course of study.
(6) * * *
(i) * * *
(F) Notwithstanding paragraphs (f)(6)(i)(A) and (f)(6)(i)(B) of
this section, an alien who has been granted employment authorization
pursuant to the terms of a document issued by the Commissioner under
paragraphs (f)(9)(i)
[[Page 31874]]
or (f)(9)(ii) of this section and published in the Federal Register
shall be deemed to be engaged in a ``full course of study'' if he or
she remains registered for no less than the number of semester or
quarter hours of instruction per academic term specified by the
Commissioner in the notice for the validity period of such employment
authorization.
* * * * *
(9) * * *
(i) On-campus employment. * * * Employment authorized under this
paragraph must not exceed 20 hours a week while school is in session,
unless the Commissioner suspends the applicability of this limitation
due to emergent circumstances, as determined by the Commissioner, by
means of notice in the Federal Register, the student demonstrates to
the DSO that the employment is necessary to avoid severe economic
hardship resulting from the emergent circumstances, and the DSO notates
the Form I-20 in accordance with the Federal Register document.* * *
(ii) * * *
(A) General. * * * In emergent circumstances as determined by the
Commissioner, the Commissioner may suspend the applicability of any or
all of the requirements of paragraph (f)(9)(ii) of this section by
notice in the Federal Register.
* * * * *
Dated: May 1, 1998.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 98-15507 Filed 6-8-98; 2:23 pm]
BILLING CODE 4410-10-M
