USCIS Extends and Expands Employment Authorization for Hong Kong Residents Covered by DED

On May 3, 2023, USCIS posted a Federal Register notice extending and expanding Hong Kong residents’ eligibility for Deferred Enforced Departure (DED). The notice also explains how eligible residents of Hong Kong may apply for Employment Authorization Documents (EADs). President Biden previously issued a memorandum extending and expanding DED for certain Hong Kong residents for 24 months. Eligible Hong Kong residents covered under DED as of Jan. 26, 2023, may remain in the United States through Feb. 5, 2025, and are eligible to work in the United States.

Hong Kong residents are covered under DED based on the terms described in the president’s memorandum and no application is necessary. However, eligible Hong Kong residents may apply for an EAD by filing Form I-765, Application for Employment Authorization.

The memorandum also directs DHS to extend employment authorization for Hong Kong residents covered under DED and to provide for the prompt issuance of new or replacement documents in appropriate cases. USCIS is automatically extending the validity of Hong Kong DED-based EADs through Feb. 5, 2025, for those who already have an EAD with an A-11 category code on the card and an expiration date of Feb. 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. Individuals who want a new DED-based EAD showing a Card Expires date of Feb. 5, 2025, must file Form I-765.

Travel authorization (advance parole) for residents of Hong Kong will be issued at the Department of Homeland Security’s discretion. 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.