\ fr \ Federal Register Publications (CIS, ICE, CBP) \ Federal Register Publications (Legacy INS) - 1998 \ FEDERAL REGISTER INTERIM REGULATIONS - 1998 \ Authorizing Suspension of Applicability of Employment Authorization Requirements in Emergent Circumstances for Certain F-1 Students [63 FR 31872] [FR 40-98] \ List of Subjects in 8 CFR Part 214
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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:
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:
§ 214.2 Special requirements for admission, extension, and maintenance of status.
* * * * *
(f) * * *
(5) * * *
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
, 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
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 instruct
ion 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)or (f)(9)(ii) of this section and published in the
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) * * *
. * * * 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
, 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
document.* * *
(ii) * * *
. * * * 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
* * * * *
May 1, 1998
Commissioner,Immigration and Naturalization Service.