U.S. Citizenship and Immigration Services (USCIS) announced specific interim relief
for the approximately 5,500 foreign academic students adversely impacted by Hurricane
Katrina. The Notice, which was published in the Federal Register, will allow Katrina-impacted
foreign academic students (F-1 visa holders) to:
- Apply for immediate, short-term employment authorization;
- Work additional hours on-campus, or work off-campus if granted employment
authorization; and
- Reduce normal course load requirements if granted employment authorization.
The interim relief will remain in effect until February 1, 2006. Foreign vocational
students (M-1 visa holders) and foreign exchange students (J-1 visa holders) are
not eligible for this interim relief. DHS will continue to monitor the adverse
impact of Hurricane Katrina in the affected areas to determine if modification
of the interim relief is warranted and will announce any modifications in the
Federal Register.
Eligible foreign academic students wishing to work additional hours on-campus
must obtain approval from their designated school official. Eligible foreign academic
students wishing to work off-campus must file an Application for Employment Authorization
(Form I-765) directly with the Texas Service Center at:
U.S. Citizenship and Immigration Services, Texas Service Center,
P.O. Box 853062, Mesquite, TX 75815-3062.
Applicants should mark the front of the envelope on the bottom right-hand side
with the phrase, “HURRICANE KATRINA SPECIAL STUDENT RELIEF.” Applicants
who are unable to pay the Form I-756 filing fee may request a fee waiver.
Katrina-impacted foreign academic students not covered by the Notice and their
dependents (F-2 visa holders) may request deferred action and apply for employment
authorization based on economic necessity.
A grant of deferred action in this context means that, during the period that
the grant of deferred action remains in effect, DHS will not seek the removal
of the foreign academic student or his or her qualified dependents based upon
the fact that the failure to maintain status is directly due to Hurricane Katrina.
Eligible foreign academic students and their qualified dependents wishing to request
deferred action and apply for employment authorization based on economic necessity
must submit a letter, substantiating their need for deferred action, and file
an Application for Employment Authorization (Form I-765) directly with the Texas
Service Center at the address above. Applicants should mark the front of the envelope
on the bottom right-hand side with the phrase, “HURRICANE KATRINA SPECIAL
STUDENT RELIEF.”
Deferred action requests are decided on a case-by-case basis. USCIS cannot provide
any assurance that all such requests will be granted. A grant of deferred action
does not provide an individual any legal immigration status in the United States.
Therefore, in order to resume their nonimmigrant status, foreign academic students
who are granted deferred action must apply for reinstatement following the period
of deferred action, which shall expire no later than February 1, 2006.
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