Through the Deferred Enforced Departure (DED) initiative, USCIS has created a process allowing eligible Hong Kong residents to request Employment Authorization Documents that remain valid until February 2027. Additionally, the announcement prolongs the validity of some current EADs. Applicants must submit Form I-765, and Form I-131 provides travel authorization.
New Employment Authorization Measures Announced
The U.S. Citizenship and Immigration Services (USCIS) has shared a notice about how some Hong Kong residents can apply for work permits, known as Employment Authorization Documents (EADs). These permits will remain valid until February 5, 2027. This announcement comes after a presidential memo dated January 15, 2025, which has halted the deportation of qualifying Hong Kong residents residing in the U.S. since that date.
Automatic Extension for Current EAD Holders
The announcement also prolongs the validity of existing DED-based EADs that are set to expire on February 5, 2023, or February 5, 2025, provided they carry the A11 category code. These renewed EADs may serve as legitimate proof of identity and work authorization when completing Form I-9, which employers must utilize to verify an individual’s eligibility to work in the U.S.
How to Apply for an EAD
Residents of Hong Kong who qualify under the DED and either do not hold an EAD or have an EAD nearing expiration may file Form I-765, Application for Employment Authorization, with USCIS. Eligibility would be determined based on outlined terms in the presidential memorandum, so there would be no separate application for DED status. The EAD would grant work permission to individuals whose applications are given for the duration of their deferred status.
Travel Authorization Also Available
USCIS may, at its discretion, authorize travel for individuals who wish to leave the country and return. Interested applicants must submit the Application for Travel Document, Form I-131. Re-admission is still pending approval at the port of entry and is not guaranteed by this document, which only allows temporary travel and re-entry under parole status.
Case-by-Case Review and National Security Measures
USCIS has emphasized that each application for employment authorization is evaluated independently. To verify that applicants meet eligibility criteria and do not pose any threats to public safety, national security, or integrity, the agency conducts thorough screening and vetting processes. This type of review is consistent with DHS’s broader commitment to enhance security and promote legitimate employment.
Looking Ahead – USCIS Extends Employment Authorization for Eligible Hong Kong Nationals
Eligible Hong Kong residents in the United States have a clearer path to deferring lawful employment through 2027 as these new procedures enter into force.
The program continues U. S. efforts to balance security concerns for immigration enforcement with humanitarian needs. How many residents file to apply and whether the policy is maintained in subsequent administrations will determine long-term impacts.
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