In a recent notice published in the Federal Register, U.S. Citizenship and Immigration Services (USCIS) has outlined an update concerning Employment Authorization Documents (EADs) for certain Hong Kong residents currently in the United States under Deferred Enforced Departure (DED). This development follows a presidential memorandum issued on January 15, 2025, which extended protection from removal and work authorization through February 5, 2027.
This announcement ensures that eligible Hong Kong residents already in the U.S. can remain lawfully employed and protected from deportation, provided they meet the specific criteria outlined in the DED memorandum.
Who Is Covered by This Update?
DED is not a status that one applies for, but rather a discretionary humanitarian measure issued through presidential authority. The latest directive applies to Hong Kong residents who were physically present in the U.S. as of January 15, 2025, and who meet the conditions laid out in the memorandum.
These individuals are permitted to remain in the U.S. without fear of removal until February 5, 2027. While DED does not itself grant permanent immigration status, it does authorize individuals to request employment authorization and, in some cases, apply for travel permits.
How Does This Affect Employment Authorization Documents (EADs)?
For those already holding a DED-related EAD with an expiration date of either February 5, 2023, or February 5, 2025, USCIS has automatically extended the validity of these cards through February 5, 2027. These documents, categorized under code A11, can continue to be used as proof of identity and employment eligibility on Form I-9, which employers require for work authorization verification.
For those who have not yet applied for an EAD, USCIS advises filing Form I-765, Application for Employment Authorization. It’s important to note that approval is not automatic; USCIS reviews each application individually to ensure it meets all eligibility requirements and undergoes security and fraud screening.
Can Beneficiaries Travel Outside the U.S.?
While DED protects eligible individuals from deportation and allows them to work, it does not automatically grant permission to travel abroad and return. If a DED-covered individual wishes to leave the United States temporarily, they must request advance parole by submitting Form I-131. The Department of Homeland Security decides whether to approve such travel requests based on discretion.
If you or someone you know may be eligible under this extension, it is critical to review your documentation and ensure timely filing of necessary forms. Maintaining valid work authorization and understanding your rights under DED can significantly impact your legal standing in the U.S.
The Lightman Law Firm is committed to helping Hong Kong nationals through the EAD process. If you have questions about your eligibility, how to apply for an EAD, or how to request travel authorization, please don’t hesitate to schedule a consultation with our legal team today.