Employment Authorization for Certain F-1 Nonimmigrant Students Whose Means of Financial Support Comes From Indonesia, South Korea, Malaysia, Thailand, or the Philippines

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 214

[INS No. 1911-98]

Employment Authorization for Certain F-1 Nonimmigrant Students

Whose Means of Financial Support Comes From Indonesia, South Korea,

Malaysia, Thailand, or the Philippines

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Notice of suspension of applicability of certain requirements.

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SUMMARY: The Commissioner of the Immigration and Naturalization Service

(Service) is temporarily suspending the applicability of certain

requirements in 8 CFR 214.2(f)(9) governing on-campus and off-campus

employment for nonimmigrant aliens who are 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), and

whose means of financial support as reflected in the students' Form I-

20, Certificate of Eligibility for Nonimmigrant (F-1) Student Status,

is from Indonesia, South Korea, Malaysia, Thailand, or the Philippines.

This action is necessary because students whose means of financial

support comes from these countries are experiencing severe economic

hardship due to the rapid devaluation of their currencies against the

United States dollar and the consequent reduction in financial support.

These affected students may need to be exempted from the normal student

employment requirements in order to continue their studies in the

United States.

DATES: This document is effective June 10, 1998 and will remain in

effect until the Attorney General rescinds this document.

FOR FURTHER INFORMATION CONTACT:

Maurice R. Berez, Adjudications Officer, Office of Adjudications,

Immigration and Naturalization Service, 425 I Street, NW., Washington,

DC 20536, telephone (202) 514-5014.

SUPPLEMENTARY INFORMATION:

Why Is The Service Taking This Action?

The currencies of Indonesia, South Korea, Malaysia, Thailand, and

the Philippines have experienced a sudden and severe drop in value over

recent months relative to the United States dollar. The United States

Department of the Treasury advises that this economic crisis will

likely continue for the next several months. The President and the

Secretary of State have requested the Government, as a matter of

foreign policy and wherever feasible, to assist students whose means of

financial support comes from these countries to mitigate the adverse

impact of this crisis. The economic crisis has had a severe economic

impact on many F-1 nonimmigrant students who are presently in the

United States and whose means of financial support comes from any of

these five countries. The total population of such students attending

colleges and universities in the United States is approximately 80,000.

Given the magnitude of this student population in the United States,

the economic crisis in these students' countries is also having an

indirect but serious adverse impact on campuses across the country.

While some affected students will have brought enough money with

them to the United States for the entire academic year, many other

students who depend on a regular flow of funds from one of the five

enumerated countries may be experiencing severe economic hardship as a

result of the economic crisis. These students may be unable to continue

to cover the full cost of their studies and reasonable living expenses,

and may therefore need to seek immediate employment to meet this

unexpected change in their financial support.

Based on the above-noted foreign policy grounds, and in order to

aid such adversely affected students, the Commissioner is exercising

her authority under 8 CFR 214.2(f)(9) and is temporarily suspending the

applicability of certain regulatory requirements pertaining to

employment authorization for certain F-1 students whose means of

financial support, as reflected on their Form I-20, comes from

Indonesia, South Korea, Malaysia, Thailand, or the Philippines, and

who, due to the economic crisis, would suffer severe economic hardship

without such employment authorization. Under this temporary suspension,

eligible F-1 students will be permitted to exceed the normal 20-hour

limit on both on-campus and off-campus employment, and to reduce their

full course of study without violating their F-1 status. This action is

taken pursuant to amendments made to the regulations at 8 CFR

214.2(f)(5), 214.2(f)(6), and 214.2(f)(9) in an interim rule issued by

the Service and published in this issue of the Federal Register.

For What Requirements in 8 CFR 214.2(f)(9) Is The Applicability

Temporarily Suspended?

1. On-Campus Employment

For F-1 students whose means of financial support, as reflected in

their Form I-20, comes from Indonesia, South Korea, Malaysia, Thailand

or the Philippines, and who seek to engage in on-campus employment

because of severe economic hardship resulting from the current economic

crisis, the Commissioner is suspending the applicability of the

requirement in 8 CFR 214.2(f)(9)(i) that limits an F-1 student's on-

campus employment to 20 hours per week while school is in session. The

applicability of this requirement will be suspended until this document

is rescinded. Students whose means of financial support comes from one

of the five enumerated countries, and who are experiencing severe

economic hardship due to the

[[Page 31875]]

economic crisis in these countries, are authorized to work more than 20

hours per week while school is in session if their Designated School

Official (DSO) notates page 4 of both the school and student copies of

the Form I-20 in the student employment box with the statement:

Approved for more than 20 hour per week of on-campus employment

under the Special Student Relief authorization from (DSO shall

insert the beginning date of employment) until (DSO shall insert the

earlier of the last day of the student's program or one year from

the beginning date of employment)

and signs and dates the notation. To obtain this on-campus employment

authorization, students must demonstrate to their DSO that the

employment is necessary to avoid severe economic hardship caused by the

economic crisis taking place in one of the five specified countries

from which their means of financial support is derived. These students

are permitted to reduce their normal course of study in order to accept

such employment. To be considered to be maintaining F-1 status and

engaging in a full course of study under 8 CFR 214.2(f)(5)(v) and

214.2(f)(6)(i)(F), however, undergraduate students must remain

registered for a minimum of 6 semester or quarter hours of instruction

per academic term and graduate students must remain registered for a

minimum of 3 semester or quarter hours of instruction per academic term

for the period of authorized employment. The standard rules at 8 CFR

214.2(f)(9)(i) permitting full-time work on-campus when school is not

in session or during school vacations will continue to apply during the

effective period of this document.

2. Off-Campus Employment

For purposes of off-campus employment authorization under 8 CFR

214.2(f)(9)(ii), the Commissioner has determined that the currency

devaluation affecting Indonesia, South Korea, Malaysia, Thailand, and

the Philippines constitutes unforeseen circumstances beyond the

student's control. Moreover, for students whose means of financial

support, as reflected on their Form I-20, is from one of these five

countries and who establish severe economic hardship, the Commissioner

is suspending the applicability of the following regulatory

requirements in 8 CFR 214.2(f)(9)(ii):

1. The requirement that the student has been in F-1 status for one

full academic year;

2. The requirement that acceptance of employment will not interfere

with the student's carrying a full course of study; and

3. The requirement that the student's work authorization be limited

to no more than 20 hours per week when school is in session.

F-1 students who must reduce their normal course of study as a

result of accepting employment authorized by this notice will be

considered to be maintaining F-1 status and engaging in a full course

of study under 8 CFR 214.2(f)(5)(v) and 214.2(f)(6)(i)(F), provided

that, for the duration of their authorized employment, undergraduate

students are registered for a minimum of 6 semester or quarter hours of

instruction per academic term and graduate students are registered for

a minimum of 3 semester or quarter hours of instruction per academic

term. The standard rules at 8 CFR 214.2(f)(9)(ii) permitting full-time

work off-campus when school is in session or during school vacations

will continue to apply during the effective period of this document.

How Can F-1 Students, Whose Means of Financial Support Is From One

of the Five Enumerated Countries, Apply for Special Off-Campus

Employment Authorization Pursuant to This Document?

To apply for this special off-campus employment authorization, F-1

students must file a complete employment authorization application with

the Service Center having jurisdiction over the student's place of

residence. An application is complete if it contains:

1. A properly completed Form I-765, Application for Employment

Authorization, with the required fee of $70 or, in the absence of the

fee, a written affidavit requesting waiver of the fee which explains

why he or she is entitled to or deserving of the fee waiver and the

reasons for his or her inability to pay as provided under 8 CFR

103.7(c);

2. Form I-20 with a written notation by the DSO on page 4 in the

student employment box stating,

Special Student Relief recommended from (DSO shall insert the

recommended beginning date of employment) until (DSO shall insert

the earlier of the last day of the student's program or one year

from the recommended beginning date of employment)

that is signed and dated by the DSO; and

3. A copy of Form I-538, Certification by Designated School

Official, containing an original, notarized signature of the DSO and a

certification by the DSO that the student has demonstrated the

following:

a. That the student's means of financial support, as documented on

Form I-20, is from Indonesia, South Korea, Malaysia, Thailand or the

Philippines (the DSO must note this in the comments section of Form I-

538);

b. That the student is in good standing as a student and is

carrying a full course of study at the time of the request for

employment authorization (the DSO must check the appropriate box in

block 9 of Form I-538);

c. That, if the student cannot carry a full course of study as a

result of the acceptance of employment, the student will be registered,

for the duration of his or her authorized employment, for a minimum of

6 semester or quarter hours of instruction per academic term if the

student is at the undergraduate level or for a minimum of 3 semester or

quarter hours of instruction per academic term if the student is at the

graduate level (the DSO must note this in the comments section of Form

I-538); and

d. That the off-campus employment is necessary to avoid severe

economic hardship to the individual caused by the economic crisis

taking place in one of the five specified countries from which the

student's means of financial support is derived (the DSO must note this

in the comments section of Form I-538).

To help expedite adjudication of the student's application, the

student should:

a. Ensure that the application package includes: (1) A completed

Form I-765; (2) the required fee or affidavit requesting waiver of the

fee; (3) a copy of Form I-538 with notarized original signature of the

DSO; and (4) a copy of the student's I-20 with the appropriate DSO

notation on page 4 as previously described in this notice;

b. Send the application in an envelope which is clearly marked on

the front of the envelope, bottom right-hand side, with the phrase

``SPECIAL STUDENT RELIEF.''

If the Service approves the student's employment authorization

application, the Service will send the student an Employment

Authorization Document, Form I-766, to evidence his or her employment

authorization. The Form I-766 will contain an expiration date that does

not exceed the earlier of the last day of the student's program or one

year from the date of issuance.

Is There a Cut-Off Date for the Filing of Applications for Off-

Campus Employment Authorization Under This Document?

The Service has not yet determined a cut-off date for the filing of

applications for off-campus work authorization under this document. The

Service will

[[Page 31876]]

issue a document in the Federal Register announcing a cut-off date for

filing such applications when it makes this determination.

Must the F-1 Student Apply for Reinstatement After Expiration of

This Special Employment Authorization if the Student Reduces His or

Her Full Course of Study?

No. If an F-1 student reduces his or her normal course of study in

order to engage in employment pursuant to this document, the F-1

student will be considered to be maintaining his or her status under 8

CFR 214.2(f)(5)(v). As previously discussed, a student will be

considered to be maintaining status only if the student is registered

for a minimum of 6 semester or quarter hours of instruction per

academic term where the student is at the undergraduate level, or is

registered for a minimum of 3 semester or quarter hours of instruction

per academic term where the student is at the graduate level. Because a

student who has reduced his or her full course of study in accordance

with this document is considered to be maintaining status, he or she is

not required to request reinstatement from the Service under 8 CFR

214.2(f)(16) before the student resumes a full course of study at the

conclusion of his or her employment authorization.

Will the Suspension of the Applicability of the Standard Student

Employment Requirements Apply to Aliens Who, as of the Effective

Date of This Document, Have not yet Been Granted an F-1 Visa in

Order to Pursue a Course of Studies in the United States?

No, the suspension of the applicability of the standard regulatory

requirements does not apply to such persons, even if their means of

financial support comes from any of the five above-noted countries.

Does This Document Apply to F-1 Students Who Leave the United

States and Will Need to Obtain a New F-1 Visa During the Validity

Period of This Document in Order to Continue Their Educational

Program in the United States?

Yes, provided that the DSO has properly notated the Form I-20 in

accordance with this document. Subject to the specific terms of this

document, however, the normal rules for visa issuance, including those

related to public charge and nonimmigrant intent, remain applicable to

aliens who need to apply for a new F-1 visa in order to continue their

educational program in the United States.

How Long Will This Document Remain in Effect?

The suspension of applicability of on-campus and off-campus

employment authorization requirements by this document will remain in

effect until this document is rescinded by the Attorney General. During

this period, the Service will continue to consult with the President

and the Departments of State and Treasury in order to determine whether

economic circumstances in the five enumerated countries warrant

rescission or modification of the special provisions for F-1 students

whose means of support comes from one of these countries. Should these

special provisions be modified or rescinded, the Service will issue a

document in the Federal Register announcing any changes.

Dated: June 5, 1998.

Doris Meissner,

Commissioner, Immigration and Naturalization Service.

[FR Doc. 98-15508 Filed 6-8-98; 2:23 pm]

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