U.S. Citizenship and Immigration Services (USCIS) has announced that certain Hong Kong residents covered by the Deferred Enforced Departure (DED) can now apply for Employment Authorization Documents (EADs). These EADs are valid through February 5, 2027, providing work authorization for those residing in the United States.
Automatic Extension of Existing EADs:
USCIS is automatically extending the validity of existing DED-related EADs for eligible Hong Kong residents.
Specifically, EADs with an expiration date of February 5, 2023, or February 5, 2025, and bearing a Category Code of A11, are now automatically valid until February 5, 2027.
These extended EADs can be presented as proof of identity and employment authorization for Form I-9, Employment Eligibility Verification.
Eligibility and Application Process:
The basis for this action stems from a memorandum issued on January 15, 2025, which deferred the removal of certain eligible Hong Kong residents present in the United States as of that date, through February 5, 2027.
There is no separate application for DED itself. Eligibility is determined by the criteria set forth in the memorandum
You are eligible for employment authorization under the DED period if you:
To obtain a new EAD, eligible Hong Kong residents covered by DED must file Form I-765, Application for Employment Authorization.
USCIS adjudicates each application on a case-by-case basis, ensuring applicants meet all eligibility criteria and conducting thorough screening and vetting to identify any potential fraud, public safety, or national security concerns.
Travel Authorization:
For those covered under DED who wish to travel outside the United States and return, the Department of Homeland Security (DHS) may grant travel authorization at its discretion.
To apply, you must file Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records with USCIS. You may file Form I-765 and Form I-131 together or separately.
Key Takeaways:
Malescu Law can assist
Our immigration lawyers can provide comprehensive assistance to Hong Kong residents covered by the Deferred Enforced Departure (DED) memorandum. Specifically, we can assist you with filing Form I-765 (Application for Employment Authorization) and Form I-131 (Application for Travel Documents, Parole Documents, and Arrival/Departure Records), among others.
We serve companies and individuals across all 50 states, the District of Columbia and Puerto Rico.
Contact us or schedule a consultation.
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