United States | USCIS establishes employment authorization procedures for certain Palestinians

U.S. Citizenship and Immigration Services today posted a Federal Register notice establishing procedures for Palestinians covered by Deferred Enforced Departure to apply for Employment Authorization Documents valid through Aug. 13, 2025.

Key Points:

• President Biden issued a memorandum on DED for Palestinians on Feb. 14, 2024, deferring through Aug. 13, 2025, the removal of certain Palestinians present in the United States at the time of the announcement.
• Individuals who enter the United States after Feb. 14, 2024, are not eligible for DED.
• The memorandum directed the Department of Homeland Security to take appropriate measures to authorize employment for Palestinians eligible for DED and to consider the suspension of certain regulatory requirements for Palestinian F-1 nonimmigrant students.
• There is no application for DED. Palestinians are covered under DED based on the terms described in the president’s directive.
• Eligible Palestinians can apply for Employment Authorization Documents by filing Form I-765, Application for Employment Authorization.

Additional Information: The Federal Register notice describes eligible Palestinians and acceptable documentation, such as a Palestinian Authority passport or identification card, and provides instructions on how to apply for the DED-based EAD. In addition, DHS published a Special Student Relief notice for Palestinian F-1 nonimmigrant students so that eligible students may request employment authorization, work an increased number of hours while school is in session and reduce their course load while continuing to maintain F-1 status through the DED period.

This alert has been provided by the BAL U.S. Practice Group.

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