Instructions allowing Hong Kong Deferred Enforced Departure (DED) beneficiaries to apply for employment authorization have been published in the Federal Register.

On August 5, 2021, President Biden granted DED for certain eligible residents of Hong Kong for 18 months, until February 5, 2023, and directed that instructions on how to apply for employment authorization be issued. DED is a humanitarian administrative stay of removal and is authorized based upon the President’s constitutional authority to conduct foreign relations. It is generally granted where foreign nationals in the United States might face danger if required to return to areas or countries experiencing political instability, conflict, or other unsafe conditions.

Those eligible for Hong Kong DED must, among other things:

  • Hold a Hong Kong Special Administrative Region Passport, a British National Overseas Passport, a British Overseas Citizen Passport, a Hong Kong Permanent Identity card, or a Hong Kong Special Administrative Region Document of Identity for Visa Purposes;
  • Have been present and continuously resided in the United States since August 5, 2021; and
  • Have not voluntarily returned to Hong Kong or the People’s Republic of China after August 5, 2021.

There is no “application” for DED, but those who are eligible for DED may apply for an Employment Authorization Document (EAD). To do so, the applicant must:

  • File an Application for Employment Authorization (Form I-765) and indicate that they are eligible for DED, which is category (a)(11) on the form;
  • Submit the requested documentation pursuant to the form’s instructions; and
  • Submit the fee ($410) or request a fee waiver.

USCIS will notify the applicant if biometrics are required.

EADs, including those issued based on DED, are List A Documents for Form I-9 Employment Eligibility Verification purposes and should be accepted as such.

The instructions indicate that DED beneficiaries may also apply for travel authorization (Advance Parole), which will be granted in the discretion of the Department of Homeland Security. Filing for Advance Parole means filing with USCIS a Form I-131 with the appropriate fee. The Form I-131 may be filed concurrently with the Form I-765.

For more detailed instructions, please see the Federal Register.

If you have any questions about Hong Kong DED, please reach out to your Jackson Lewis attorney.

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Photo of Forrest G. Read IV Forrest G. Read IV

Forrest Read is a Principal in the Raleigh, North Carolina, office of Jackson Lewis P.C. He has extensive experience in both business immigration law and employment law and has particular focus in legal issues in graduate medical education (GME).

Mr. Read’s immigration practice…

Forrest Read is a Principal in the Raleigh, North Carolina, office of Jackson Lewis P.C. He has extensive experience in both business immigration law and employment law and has particular focus in legal issues in graduate medical education (GME).

Mr. Read’s immigration practice focuses on assisting employers in obtaining employment-based nonimmigrant visas (e.g., H-1B, L, O, TN) for foreign national employees and work-related immigrant (green card) visas, including PERM Labor Certifications, and advising employers on compliance with U.S. immigration laws and regulations. He has broad experience in advising large, mid-size and small employers on their various immigration needs and developing strategies to help them navigate through complex immigration issues. He also has particular experience in counseling employers in the health care industry and addressing immigration-related issues that arise for their broad range of health care professional employees (including advising on and obtaining employment authorization for medical residents and fellows and obtaining J-1 visa waivers for foreign national physicians completing their medical training in the United States). His immigration practice also includes defending employers in connection with Department of Labor H-1B and H-2B investigations.

Mr. Read’s employment law experience includes representing management, particularly academic medical centers in the GME context, in a wide array of workplace disputes and litigation before federal and state courts and administrative agencies, including matters related to discrimination, retaliation, harassment, disability, family and medical leave, various wage and hour issues, contracts, and intentional torts. He advises academic medical centers on the interplay between applicable academic law and employment law and the ramifications of what are divergent legal requirements and standards. Mr. Read also provides counsel with respect to the legal impact of competency standards for residents and trainees in GME, including situations involving discipline, remediation, and dismissal. He provides advice and guidance in the peer review process, including provision of verification and assessment of training in response to third party inquiries.

As a member of the Firm’s Corporate Diversity Counseling group, Mr. Read also has experience in providing assessments and making recommendations to corporate and institutional clients with respect to diversity and inclusion policies and initiatives, conducting related internal investigations, and shaping, developing and enforcing effective policies and initiatives to ensure consistency with client values and in furtherance of business goals and objectives.

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