NAFSA confirmed with the BridgeUSA Office of Private Sector Exchange Designation that sponsors must wait until the Federal Register notice is published before approving Special Student Relief benefits for eligible students. In the meantime, NAFSA has transcribed DOS' notification email below, and added hyperlinks to the regulatory citations for ease of reference.
From: AGexchanges [email protected]
Sent: Wednesday, August 24, 2022 10:42 AM
Subject: [Ext] Message from the U.S. Department of State - Special Student Relief - Ukraine
August 24, 2022
Dear Sponsor:
The Private Sector Exchange Directorate wishes to inform you that, on August 18, 2022, the Government of Ukraine accepted a proposal from the Government of the United States to create a Special Student Relief arrangement for eligible J- Visa Ukrainian college and university students. In furtherance of this arrangement, the Bureau of Educational and Cultural Affairs (ECA) is making temporary modifications to the requirements of the Exchange Visitor Program regulations that govern the College/University Student category. This relief, which will be further outlined in a Federal Register Notice memorializing the specific modifications to the regulations in support of this arrangement, allows Ukrainian post-secondary students currently in the United States to carry a reduced course-load and work for more than 20 hours per week for longer than 12 months to help them defray more of their costs and continue their studies. This announcement is being made to coincide with Ukrainian National Day, August 24 and will be followed later by the publication of a detailed Notice in the Federal Register.
On February 24, 2022, Russian military forces invaded Ukraine, resulting in the destruction of infrastructure and the disruption of daily life. Many exchange visitors from Ukraine continue to be dependent upon financial support originating in their home country and thus have limited or no access to funds.
The arrangement between the United States and Ukraine allows Ukrainian post-secondary exchange students to reduce the adverse impact resulting from the Russian invasion of Ukraine. Special Student Relief will remain in effect until October 23, 2023, unless the U.S. Government ends the arrangement early or the U.S. Government and the Government of Ukraine together extend its termination date.
Individual Ukrainian exchange students eligible for Special Student Relief, like those eligible for Temporary Protective Status (TPS), must have continuously resided in the United States since April 11, 2022. Special Student Relief with respect to program status and employment for J-1 Ukrainian students does not apply to Federal Work-Study jobs.
Please read the upcoming Federal Register Notice that will articulate in more detail the regulatory provisions at 22 CFR Part 62 that are being waived or modified for this relief, as summarized below:
The Department temporarily waives 22 CFR 62.23(e) for eligible Ukrainian students.
- The Department temporarily waives all subsections of 22 CFR 23(g) except (g)(2)(i) and (iv). By retaining 22 CFR 62.23(g)(2)(i), Ukrainian students are required to remain in good academic standing at the post-secondary accredited academic institutions at which they are registered.
- By modifying 22 CFR 62.23(g)(2)(iv), sponsors may grant advanced, written employment approval to last beyond the twelve months that the provision currently allows, i.e., for the duration of the arrangement between the United States and Ukraine. Waiver and modification of these provisions allow eligible Ukrainian students to work on- or off-campus, for more than 20 hours a week, and for longer than twelve months.
- Regulations at 22 CFR 62.23(h) enumerate the conditions that exchange visitors must meet to retain their authorization to participate in the Exchange Visitor Program. For purposes of Special Student Relief, the Department modifies 22 CFR 62.23 (h)(1)(i)(A) to allow eligible Ukrainian students to pursue course work equivalent to half of the full course of study requirement as defined in 22 CFR 62.2 and further explained in paragraph (e) of 22 CFR 62.23.
- The Department similarly modifies 22 CFR 62.23(h)(2)(i)(A) to allow eligible Ukrainian students to participate half-time in a prescribed course of study. In other words, degree-seeking students may limit their course work to half of their academic institutions' definition of a full course of study. Similarly, non-degree-seeking students may reduce participation in their academic programs from full- to part-time.
The Department notes that the establishment of Special Student Relief does not alter the rules and requirements of U.S. accredited academic institutions. If, for example, an institution does not allow part-time participation in non-degree academic programs, Ukrainian students must negotiate flexible conditions with their U.S. host institution to overcome such rules and requirements.
To indicate that exchange students are authorized to work more than 20 hours a week, Responsible Officers or Alternate Responsible Officers should update their records in the Student and Exchange Visitor Information System (SEVIS) by inputting the following text into the "EV Remarks" field: "Special Student Relief work authorization granted until October 19, 2023." If students wish to carry a reduced course load, the following text should also be inserted in the "EV Remarks" field: "Reduced course load authorization granted until October 19, 2023." Sponsors should monitor authorized Ukrainian students at the start of each academic term to confirm that they intend to continue to work more than 20 hours a week. These notations should be deleted from this field at the earlier of when the student no longer seeks Special Student Relief, or the arrangement terminates.
Upon its publication in the Federal Register, sponsors should review the Department's Notice on Special Student Relief and follow the terms set forth therein. The temporary waiver and modification of Exchange Visitor Program regulations identifies conditions that eligible Ukrainian exchange visitors must meet to be in status and comply with Exchange Visitor Program eligibility requirements.
If the arrangement between the United States and Ukraine is terminated early or extended, Responsible Officers should update the "EV Remarks" field accordingly. Exchange visitors who are on program pursuant to the terms of the arrangement when the arrangement ends may continue working and studying according to those terms through the end of that academic term.
Best regards,
Office of Private Sector Exchange
