Deferred Enforced Departure for Certain Hong Kong Residents

On August 5, 2021, President Biden issued a memorandum to defer the removal of certain residents of Hong Kong for 18 months, through Feb. 5, 2023. The Deferred Enforced Departure (DED) is not a specific immigration status. Instead, it is a type of humanitarian relief where the President exercises discretion to defer removal of a foreign national from the United States for a designated period of time. On Wednesday, U.S. Citizenship and Immigration Services (USCIS) issued formal instructions which provide information on how to apply for employment authorization and travel authorization for eligible Hong Kong residents.

DED for Hong Kong residents only applies to certain eligible Hong Kong residents who were present in the United States as of Aug. 5, 2021; who have continuously resided here since that date; and who meet other eligibility criteria described in the President’s memorandum. For purposes of this DED policy, Hong Kong residents are individuals of any nationality, or without nationality, who have met the requirements and have been issued 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.

There is no formal application for DED so eligible Hong Kong residents may apply for an Employment Authorization Document (EAD) by submitting a completed Form I-765, Application for Employment Authorization. Eligible Hong Kong residents covered by the President’s DED memorandum may also receive travel authorization by filing Form I-131, Application for Travel Document, for advance parole if they wish to travel based on DED.

If you are considering applying for benefits related to DED as an eligible resident of Hong Kong, Liberia or Venezuela, we recommend you contact legal counsel to discuss the impact of such applications prior to submission.