USCIS Announces Employment Authorization Document Application Procedures for Certain Hong Kong Residents Covered by Deferred Enforced Departure

Key changes

U.S. Citizenship and Immigration Services today posted a Federal Register notice for public inspection establishing procedures for certain Hong Kong residents covered by Deferred Enforced Departure (DED) to apply for Employment Authorization Documents (EADs) that will be valid through Feb. 5, 2027. The notice automatically extends through Feb. 5, 2027, the validity of current Hong Kong DED-related EADs with an expiration date of Feb. 5, 2023, or Feb. 5, 2025, and a Category Code of A11. Employees may present this EAD as evidence of identity and employment authorization for Form I-9, Employment Eligibility Verification.

A memorandum on DED was issued on Jan. 15, 2025, deferring through Feb. 5, 2027, the removal of certain eligible Hong Kong residents who were present in the United States as of Jan. 15, 2025.

There is no application for DED. Certain Hong Kong residents are covered under DED based on the terms described in the memorandum and are authorized to work in the United States. Eligible Hong Kong residents can 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. Individuals who wish to travel outside of the United States and re-enter must file Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records.

USCIS adjudicates each request for an EAD on a case-by-case basis to determine if it meets all standards and eligibility criteria and completes screening and vetting to determine if there are any fraud, public safety or national security concerns.