United States | USCIS extends EADs issued to Hong Kong residents under DED

U.S. Citizenship and Immigration Services posted notice of new procedures for individuals covered by Deferred Enforced Departure (DED) for Hong Kong to apply for employment authorization documents (EADs) valid through Feb. 5, 2027, and automatically extends EADs issued under the program through Feb. 5, 2027.

Key Points:

• DED for covered Hong Kong residents automatically extends through Feb. 5, 2027.
• The notice automatically extends through Feb. 5, 2027, the validity of DED-based EADs bearing a Category Code of A11 and a “Card Expires” date of Feb. 5, 2023, or Feb. 5, 2025.
• Eligible Hong Kong residents can apply for an EAD by filing Form I-765, Application for Employment Authorization. EAD requests are adjudicated by the Department of Homeland Security on a case-by-case basis.
• DHS may provide travel authorization at its discretion to those covered under DED. Those needing travel authorization must file Form I-131.

Additional Information: The Federal Register notice outlines the process for Hong Kong residents under DED to obtain EADs and automatically extends DED-based EADs as described above. Additional information can be found on the USCIS website. The DED follows a memorandum issued by the Biden administration on Jan. 15, 2025, determining it was in the foreign policy interest of the U.S. to expand and extend the deferral of removal of certain Hong Kong residents.

Before today, DHS had not issued a Federal Register notice implementing an extension of DED-based EADs. The agency had provided guidance on Feb. 18, 2025, that although DED was automatically extended, DED-based EADs for Hong Kong residents were not being extended.

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

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