U.S. Citizenship and Immigration Services posted a Federal Register notice extending and expanding work authorization for eligible Hong Kong residents who are covered by Deferred Enforced Departure.

Key Points:

  • 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 for work authorization.
  • USCIS is automatically extending the validity of Hong Kong DED-based Employment Authorization Documents 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.
  • EADs will remain valid even though the expiration date on the card has passed. An individual does not need to apply for a new EAD to benefit from this automatic EAD extension.
  • There is no application for DED; Hong Kong residents are covered under DED based on the terms described in the president’s directive. Eligible Hong Kong residents may apply for an EAD by filing Form I-765, Application for Employment Authorization.
  • The Department of Homeland Security may provide travel authorization at its discretion to those covered under DED for Hong Kong. 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.

Additional Information: The extension and expansion was made to offer safety and protection to Hong Kong residents amid a continued “assault on Hong Kong’s autonomy, undermining its remaining democratic processes and institutions, imposing limits on academic freedom, and cracking down on freedom of the press.” More information on DED is available on this USCIS webpage.

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

Copyright © 2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.