Following President Biden’s August 5 memorandum directing Deferred Enforced Departure (DED) for 18 months for eligible Hong Kong residents, the U.S. Citizenship and Immigration Services (USCIS) has issued a Federal Register notice with information on how to apply for employment authorization. The DED period is through Feb. 5, 2023.
Who is Eligible?
DED for Hong Kong residents applies only to certain eligible Hong Kong residents who were present in the United States as of Aug. 5, 2021; who have continuously resided in the United States since that date; and who meet other eligibility criteria described in the president’s memorandum.
For purposes of this DED policy, Hong Kong residents are individuals of any nationality, or without nationality, who have met the requirements and been issued a Hong Kong Special Administrative Region (HKSAR) passport, a British National Overseas passport, a British Overseas Citizen passport, a Hong Kong Permanent Identity Card, or an HKSAR Document of Identity for Visa Purposes.
What to Expect
- There is no application for DED.
- Eligible Hong Kong residents may apply for an Employment Authorization Document by submitting a completed Form I-765, Application for Employment Authorization.
- Eligible Hong Kong residents covered by the president’s DED memorandum may also receive travel authorization. Individuals must file Form I-131, Application for Travel Document, for advance parole if they wish to travel based on DED.
Erickson Insights
For more information about the Deferred Deportation process, here is a helpful explainer. Erickson Immigration Group will continue to share updates as more news is available. If you have questions about anything we’re reporting above or case-specific questions, please contact your employer or EIG attorney.