Washington, D.C. – The U.S. Citizenship and Immigration Services (USCIS) announced today that certain Hong Kong residents covered by Deferred Enforced Departure (DED) may now apply for Employment Authorization Documents (EADs) valid through February 5, 2027.
The agency published a Federal Register notice outlining the procedures for eligible individuals to obtain work permits. Current EADs with expiration dates of February 5, 2023, or February 5, 2025, and marked with Category Code A11 will automatically be extended through February 5, 2027. Employers may accept these documents as proof of identity and work eligibility when completing Form I-9, Employment Eligibility Verification.
Background on DED Protections
The Biden administration issued a memorandum on January 15, 2025, deferring the removal of certain Hong Kong residents present in the U.S. as of that date. The protection, effective through February 5, 2027, allows eligible individuals to live and work legally in the country.
Unlike other immigration programs, DED does not require a separate application. Instead, qualified individuals are automatically covered under the policy and must apply for an EAD by submitting Form I-765, Application for Employment Authorization.
Travel Authorization Available Upon Request
While DED does not guarantee re-entry, the Department of Homeland Security (DHS) may grant travel authorization at its discretion. Those wishing to leave and return to the U.S. must file Form I-131, Application for Travel Documents, before departing.
Case-by-Case Review for Work Permits
USCIS emphasized that each EAD request undergoes individual review to verify eligibility. Applicants are subject to background checks to assess potential fraud, public safety risks, or national security concerns.
Eligible Hong Kong residents are encouraged to review the Federal Register notice for further details on application procedures and deadlines.
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