Work Authorization for Residents of Hong Kong under DED

The Department of Homeland Security has issued instructions on how residents of Hong Kong benefiting from the Administration’s expanded Deferred Enforced Departure (DED) program can apply for or extend work authorization.  First-time applicants can apply for an Employment Authorization Document (EAD) on Form I-765 with the code (a)(11). For Hong Kong residents covered by the initial grant of DED who have an EAD valid until February 2, 2023,  the EAD’s validity will be automatically extended through February 5, 2025.  The agency’s notice is available here. 

To be eligible for DED, you must be a resident of Hong Kong who has continuously resided in the United States on or before January 26, 2023. A Hong Kong resident is defined as an individual of any nationality, or without nationality, who has met the requirements for, and been granted, 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 Regional (HKSAR) Document of Identity for Visa Purposes.

If you are a Hong Kong resident who voluntarily left the United States after January 26, 2023, you are not eligible for DED. Hong Kong residents are also not eligible if they have been convicted of two misdemeanors or one felony, or if the United States has determined that their presence poses a threat to public safety or foreign relations. 

Because DED is not an immigration status, Hong Kong residents cannot apply for it. DED is a Presidential directive, authorized by the President as part of their constitutional power to conduct foreign relations, preventing the removal of certain Hong Kong residents from the United States given the current politically volatile situation in Hong Kong.

This alert is for informational purposes only.  Please contact us if you would like to discuss these developments further.