U.S. Citizenship and Immigration Services (USCIS) posted a Federal Register notice on May 3, 2023, on the extension and expansion of eligibility for Deferred Enforced Departure (DED) for Hong Kong residents. The notice also explains how eligible residents of Hong Kong may apply for Employment Authorization Documents (EADs).
On January 26, 2023, President Biden issued a memorandum extending and expanding DED for certain Hong Kong residents for 24 months. Eligible Hong Kong residents covered under DED as of January 26, 2023, may remain in the United States through February 5, 2025, and are eligible to work in the United States.
There is no application for DED. Hong Kong residents are covered under DED based on the terms described in the president’s directive. Eligible Hong Kong residents may apply for an EAD by filing Form I-765, Application for Employment Authorization.
What to Expect
- USCIS is automatically extending the validity of Hong Kong DED-based EADs through February 5, 2025, for those with an EAD with an A-11 category code on the card and an expiration date of February 5, 2023.
- These EADs remain valid even though the expiration date on the face of the card has passed.
- An individual does not need to apply for a new EAD to benefit from this automatic EAD extension. However, individuals who want a new DED-based EAD showing a Card Expires date of February 5, 2025, must file Form I-765.
- DHS may provide travel authorization at its discretion to those covered under DED for Hong Kong. Individuals who wish to travel outside of the United States based on DED must file Form I-131, Application for Travel Document, to request advance parole.
Erickson Immigration Group will continue to share updates as more news is available. If you have questions about anything we’re reporting or case-specific questions, please contact your employer or EIG attorney.