Employment authorization implemented for Hong Kong residents covered under Deferred Enforced Departure

U.S. Citizenship and Immigration Services (USCIS) provided information today on how Hong Kong residents covered by Deferred Enforced Departure (DED) apply for employment authorization.

Key Points:

• DED and employment authorization for noncitizens covered by DED for Hong Kong is effective from Aug. 5, 2021, through Feb. 5, 2023, except for noncitizens who:
  • Have voluntarily returned to Hong Kong or the People’s Republic of China (PRC) after Aug. 5, 2021.
  • Have not continuously lived in the U.S. since Aug. 5, 2021.
  • Are inadmissible under the Immigration and Nationality Act.
  • Have been convicted of any felony or two or more misdemeanors in the U.S.
  • Are subject to extradition.
  • Are considered a present danger to public safety or have potentially serious adverse foreign policy consequences for the U.S. if they remain in the country.
• USCIS said Wednesday that Hong Kong residents can apply for an Employment Authorization Document by submitting a completed Form I-765, Application for Employment Authorization.
  • Individuals can apply for travel authorization by submitting, Form I-131, Application for Travel Document.

Additional Information: Eligibility requirements for Hong Kong residents who are covered by DED are based on the terms described in the President Joe Biden’s directive and any relevant requirements established by the Department of Homeland Security. The full USCIS announcement can be found here.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

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