Work Authorization Now Available for Certain Palestinians

Effective April 15, 2024, certain Palestinians in the United States may obtain an employment authorization document (EAD), which will be valid through August 13, 2025.  This work authorization is further to President Biden’s memorandum dated February 14, 2024, which allows eligible Palestinians to remain in the United States until August 13, 2025 due to the humanitarian crisis in the Palestinian Territories. The Presidential policy is called Deferred Enforced Departure (DED). 

In order to qualify for employment authorization under President Biden’s memo, the Palestinian national must have been residing in the United States since February 14, 2024, and  have government-issued identification, confirming they are Palestinian.  Acceptable forms of identification include:

  • A Palestinian Authority Passport;

  • A Palestinian Authority Identification Card;

  • A Birth Certificate or Extract, confirming birth in the Palestinian Territories; or

  • Identification or travel document issued by a third country, the United Nations or the International Red Cross, showing the applicant is Palestinian.

The document can be expired, so long as it is authentic. 

The Palestinian national will not be eligible for employment authorization and DED if they fall under one of the following categories:

  • They returned to the Palestinian Territories voluntarily after February 14, 2024;

  • They are not residing in the US since February 14, 2024;

  • They are inadmissible or removable for being a national security threat; 

  • They have been convicted of a felony or two or more misdemeanors; 

  • They are subject to extradition; 

  • They are a threat to public safety or US interests; or

  • Their presence in the US could have serious negative foreign policy consequences. 

Eligible Palestinians can apply for employment authorization by filing Form I-765, Application for Employment Authorization and marking “(a)(11)” as the category for eligibility.  

Palestinians who are staying in the US based on DED and who wish to travel internationally to places other than the Palestinian Territories must obtain advance travel permission by filing Form I-131, Application for Travel Document.  Staying in the US based on DED is not a legal status and there is no application for the permission to stay. 

Separately, Palestinian students in F-1 status are now eligible for employment authorization. They also can work more hours during school, and reduce their course load while maintaining F-1 status through the DED period. 

We will continue to monitor the humanitarian programs for Palestinians and keep you updated. 

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

Nadia Yakoob