The U.S. Citizenship and Immigration Services (USCIS) announced updated procedures for certain Hong Kong residents covered under Deferred Enforced Departure (DED) to apply for Employment Authorization Documents (EADs). These new procedures, detailed in a Federal Register notice posted for public inspection, enable eligible individuals to apply for EADs that will remain valid through Feb. 5, 2027.
Additionally, the notice automatically extends the validity of existing Hong Kong DED-related EADs that bear an expiration date of either Feb. 5, 2023, or Feb. 5, 2025, and include a Category Code of A11. These EADs are now valid through Feb. 5, 2027, and can be presented as proof of both identity and employment authorization when completing Form I-9, employment eligibility verification.
Background on Deferred Enforced Departure (DED) for Hong Kong Residents
Deferred enforced departure (DED) is a discretionary authority granted by the president of the United States as part of constitutional powers to conduct foreign relations. While DED is not a formal immigration status, it provides eligible individuals with protection from removal from the United States for a designated period.
On Jan. 15, 2025, a presidential memorandum extended DED protections for certain Hong Kong residents through Feb. 5, 2027. This extension applies to individuals who were present in the United States as of Jan. 15, 2025. Eligible individuals under DED are not subject to removal during the designated period and are authorized to work in the United States.
Applying for Employment Authorization
Eligible Hong Kong residents that DED covers may apply for an EAD by filing Form I-765, application for employment authorization. USCIS adjudicates each application on a case-by-case basis to ensure it meets all eligibility requirements and standards. As part of this process, USCIS conducts screening and vetting to identify any potential concerns related to fraud, public safety, or national security.
For individuals who may need to travel outside the United States and return, the Department of Homeland Security (DHS) may, at its discretion, grant travel authorization. To request this authorization, eligible individuals must file Form I-131, application for travel documents, parole documents, and arrival/departure records.
Considerations for Employers and Employees
Employers should be aware that individuals with automatically extended Hong Kong DED-related EADs can present an expired card as valid documentation for Form I-9 purposes. When an employee presents an EAD whose original “card expires” date has passed, employers should determine if it is a Hong Kong DED EAD that has been automatically extended and is, therefore, valid for Form I-9 purposes. To properly assess, employers must look at the “category” section on the expired EAD and identify the code “A11” to confirm the card is eligible for an automatic extension. The extended validity of these documents ensures continued employment authorization through Feb. 5, 2027. For additional information on eligibility and application procedures, visit the official USCIS website or consult the Federal Register notice outlining the DED-related policies for Hong Kong residents.