On October 20,2021, the United States Citizenship and Immigration Services (USCIS) announced the process by which certain Hong Kong residents may apply for Employment Authorization. This new process complies with the Memorandum President Biden signed regarding Deferred Enforced Departure (DED) for Certain Hong Kong Residents, on August 5, 2021. The August 5th Memo defers the removal of any Hong Kong resident from the United States for 18 months, from August 5, 2021 until February 2, 2023. DED only applies to people who were already in the United States as of August 5, 2021. Since DED is conferred automatically, people seeking to benefit from this order do not need to apply for DED.
Although DED is obtained automatically, on October 20, 2021, USCIS announced that people eligible for DED under the August 5th Memo may apply for Employment Authorization using Form I-765, Application for Employment Authorization. For anyone who seeks to travel while covered by DED must file Form I-131, Application for Travel Document.
USCIS clarified that for purposes of DED, Hong Kong residents include anyone who holds a Hong Kong Special Administrative Region (HKSAR) passport, a British National Overseas passport, a British Overseas Citizen passport, a Hong Kong Permanent Identity Card, or an HKSAR Document of Identity for Visa Purposes.
While people excluded from DED include: those who have voluntarily left the United States; those who have not continuously resided in the United States since August 5, 2021; those who are inadmissible or subject to removal under existing laws; those who have been convicted of any felony or 2 or more misdemeanors committed in the United States; those who are subject to extradition; and those who the Secretary of Homeland Security determines are a threat to public safety or reasonably believes will have negative effects on the foreign policy of the United States.
If you have any questions regarding Employment Authorization or any other immigration related matter, please do not hesitate to contact KILO Immigration, a Sacramento immigration law firm by filling out this contact form.