The Department of Homeland Security (DHS) announced that US Citizenship and Immigrations Services (USCIS) will temporarily suspend certain regulatory requirements for those F-1 nonimmigrant students who were affected by Hurricane Katrina. These students will be granted short-term employment authorization and will be deemed to be in a “full course of study” during their short-term employment, provided they meet certain minimum course load requirements. The students must be nonimmigrant aliens holding F-1 visas who were lawfully present and enrolled in an approved institution in the U.S. on August 29, 2005, and who are experiencing economic difficulties in the aftermath of Hurricane Katrina. DHS is allowing part-time employment for these students because many of them, approximately 5.500, were enrolled in institutions located in the areas affected by Hurricane Katrina and, as a result, are now suffering economic hardship resulting from costs to replace lost or damaged possessions and/or transferring to new schools. 

The rule that on-campus employment for an F-1 student can work no more than 20 hours per week while maintaining their full-time student status has been temporarily revoked. Concerning off-campus employment, a student under the temporary rules can work more than 20 hours per week, does not have to be enrolled for a full academic year, and does not need to demonstrate that part-time employment will not interfere with a full course of study. F-1 students who are granted employment authorization will be said to have a “full course of study” for the duration of their employment authorization, provided that undergraduate students complete a minimum of 6 semester/quarter hours of instruction per academic term and graduate students complete 3 semester/quarter hours of instruction. Students can use distance or online credits to complete this requirement.

In order to obtain the employment authorization, the F-1 student should demonstrate to the Designated School Official (DSO) that this employment is necessary in order to avoid economic hardship brought on by Hurricane Katrina. The DSO must sign and date the student’s Form I-20 on page 3, and include in the employment box the notation: “Approved for more than 20 hours per week of on/off-campus employment until February 1, 2006, pursuant to Hurricane Katrina Special Student Relief.” A student applying for authorization to work off-campus must also submit a Form I-765, Application for Employment Authorization, to the USCIS Texas Service Center at: U.S. Citizenship and Immigration Services, Texas Service Center, P.O. Box 853062, Mesquite, TX 75815-3062. On the front of the envelope, on the bottom right-hand side, the student should write “Hurricane Katrina Special Student Relief.” A complete application for off-campus employment authorization should include a complete Form I-765 with the required fee and a complete Form I-20 with a recommendation from the DSO at the institution where the student is currently enrolled. If USCIS approves the student’s application, they will send the student a Form I-766, Employment Authorization Document, as evidence of the student’s employment authorization.

The expiration date for all revised F-1 student employment rules is February 1, 2006. At this point in time, USCIS will no longer approve applications for employment authorization that do not meet the requirements set forth in the Immigration and Nationality Act prior to Hurricane Katrina. There is no time specified for filing a completed Form I-765, and students will not need to reapply for reinstatement after February 1. An F-2 dependant (spouse or minor children) of an F-1 student may not accept employment. DHS will continue to monitor the effects of Hurricane Katrina in the affected areas to determine whether modification of these special provisions is needed.

For a list of the schools to which these rules apply, see the Federal Register’s website at http://frwebgate4.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=4663516585+0+0+0&WAISaction=retrieve