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F-1 NEPALI STUDENTS EAD

November 10, 2015

F-1 NEPALI STUDENTS EAD

Author: New York Immigration attorney Alena Shautsova

The devastating earthquake in Nepal   and its consequences affected its citizens all round the world. The U.S. government first announced that Nepali nationals will be able to apply for  TPS status in the U.S..

Now, the DHS announced that F-1 Nepali students will be able to qualify for employment authorization easier: as long as Nepali students would maintain minimum  full course requirement and experience severer economic hardship. Specifically, undergraduate students who receive on-campus or off-campus employment authorization under this notice must remain registered for a minimum of six credit hours of instruction per academic semester. A graduate-level F–1 student who receives on-campus or off-campus employment authorization under this notice must remain registered for a minimum of three credit hours of instruction per academic semester. See 8 CFR 214.2(f)(5)(v).

Other requirements that Nepali student must meet:
(1) An applicant should be a  citizen of Nepal;
(2) An applicant should be lawfully present in the United
States in F–1 nonimmigrant status on April 25, 2015, under section 101(a (15)(F)(i) of the Immigration and Nationality Act (INA), 8 U.S.C. 1101(a)(15)(F)(i);
(3) An applicant should be enrolled in a school that is Student and Exchange Visitor Program (SEVP)-certified for enrollment for F–1 students;
(4) An applicant should be  currently maintaining F–1 status; and
(5) should experience severe economic hardship as a direct result of the damage caused by the earthquake of April 25, 2015.

Those who already hold an employment authorization, will be able to benefit from the new changes as well. These changes will remain in effect (as of now) until December 24, 2016.

For more information, please contact our office at 917-885-2261.