[Federal Register: June 10, 1998 (Volume 63, Number 111)]

[Rules and Regulations]

[Page 31871-31874]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr10jn98-34]



[[Page 31871]]



_______________________________________________________________________



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



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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]

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