USCIS Extends and Expands Deferred Enforced Departure for Hong Kong Residents

The U.S. Citizenship and Immigration Services (USCIS) has announced an extension and expansion of Deferred Enforced Departure (DED) for eligible Hong Kong residents, allowing them to remain in the U.S. through February 5, 2025. Eligible residents may apply for Employment Authorization Documents (EADs) by filing Form I-765. DHS may provide travel authorization at its discretion, and Hong Kong residents who wish to travel must file Form I-131 to request advance parole.

Based on the memo, eligible Hong Kong residents for Deferred Enforced Departure (DED) are those who:

• Are present in the United States on the date of the memorandum.
• Have not voluntarily returned to Hong Kong or the PRC after the date of the memorandum.
• Have continuously resided in the United States since the date of the memorandum.

However, the following individuals are excluded from the DED eligibility:

• Those inadmissible under section 212(a)(3) of the INA (8 U.S.C. 1182(a)(3)) or deportable under section 237(a)(4) of the INA (8 U.S.C. 1227(a)(4)).
• Those who have been convicted of any felony or two or more misdemeanors committed in the United States, or who meet any criteria set forth in section 208(b)(2)(A) of the INA (8 U.S.C. 1158(b)(2)(A)).
• Those who are subject to extradition.
• Those whose presence in the United States the Secretary of Homeland Security has determined is not in the interest of the United States or presents a danger to public safety.
• Those whose presence in the United States the Secretary of State has reasonable grounds to believe would have potentially serious adverse foreign policy consequences for the United States.

The president’s memorandum was published on January 26th, 2023. Download in full below.

USCIS announcement text:

Eligible Hong Kong residents may apply for EADs through Feb. 5, 2025

WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) today posted a Federal Register notice on the extension and expansion of eligibility for Deferred Enforced Departure (DED) for Hong Kong residents. The notice also explains how eligible residents of Hong Kong may apply for Employment Authorization Documents (EADs).

On Jan. 26, 2023, President Biden issued a memorandum extending and expanding DED for certain Hong Kong residents for 24 months. 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 to work in the United States.

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 memorandum also directs DHS to extend employment authorization for Hong Kong residents covered under DED and to provide for the prompt issuance of new or replacement documents in appropriate cases. USCIS is automatically extending the validity of Hong Kong DED-based EADs 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. These EADs remain valid, even though the expiration date on the face of the card has passed. An individual does not need to apply for a new EAD to benefit from this automatic EAD extension. Individuals who want a new DED-based EAD showing a Card Expires date of Feb. 5, 2025, must file Form I-765.

DHS 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.

USCIS, May 3rd, 2023