USCIS Implements Employment Authorization for Individuals Covered by Deferred Enforced Departure for Hong Kong Residents

On October 20, 2021, U.S. Citizenship and Immigration Services (USCIS) issued a Federal Register notice with information on how to apply for employment authorization for eligible Hong Kong residents covered under the President Biden’s  memorandum directing Deferred Enforced Departure (DED) through February 5, 2023.

DED for Hong Kong residents applies only to residents of Hong Kong who were a) present in the United States as of August 5, 2021; b) who have continuously resided here since that date; and c) 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.

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.