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DED Covered Country – Certain Hong Kong Residents

The Pinjuh Law Firm, LLC > Immigration News > News > DED Covered Country – Certain Hong Kong Residents

Alert: On Jan. 26, 2023, President Biden announced the extension of Deferred Enforced Departure (DED) for eligible Hong Kong residents for 2 years. Eligible Hong Kong residents include those who have arrived in the United States since Aug. 2021, as well as those who were covered under the initial decision. This extension provides Hong Kong residents who are concerned about returning to Hong Kong with temporary safe haven in the United States. USCIS will issue a Federal Register notice as soon as possible to implement the president’s announcement.

DED is in the president’s discretion to authorize as part of his constitutional power to conduct foreign relations. Although DED is not a specific immigration status, individuals covered by DED are not subject to removal from the United States, usually for a designated period of time.

DED Period:Aug. 5, 2021 – Feb. 5, 2023
Federal Register Notice Citation:86 FR 58296

On Aug. 5, 2021, President Biden issued a memorandum to defer for 18 months the removal of certain residents of Hong Kong who were present in the United States as of Aug. 5, 2021, except for those:

  • Who have voluntarily returned to Hong Kong or the People’s Republic of China (PRC) after Aug. 5, 2021;
  • Who have not continuously resided in the United States since Aug. 5, 2021;
  • Who are inadmissible under section 212(a)(3) of the Immigration and Nationality Act (INA) (8 U.S.C. 1182(a)(3)) or deportable under section 237(a)(4) of the INA (8 U.S.C. 1227(a)(4));
  • Who have been convicted of any felony or two or more misdemeanors committed in the United States, or who meet the criteria set forth in section 208(b)(2)(A) of the INA (8 U.S.C. 1158(b)(2)(A));
  • Who are subject to extradition;
  • Whose presence in the United States the secretary of homeland security has determined is not in the interest of the United States or presents a danger to public safety; or
  • Whose presence in the United States the secretary of state has reasonable grounds to believe would have potentially serious adverse foreign policy consequences for the United States.

Employment Authorization

You are eligible for employment authorization under the DED period if you:

  • Are a Hong Kong resident as described in the Federal Register notice cited above;
  • Were present in the United States as of Aug. 5, 2021;
  • Have continuously resided in the United States since Aug. 5, 2021; and
  • Are otherwise eligible for DED.

*PLEASE NOTE: Hong Kong residents are defined as individuals who have met the requirements for, and 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.

Examples of documents that you can submit to establish nationality/identity include copies of any of the following:

  • HKSAR passport;
  • British National Overseas passport;
  • British Overseas Citizen passport;
  • Hong Kong Permanent Identity Card; or
  • HKSAR Document of Identity for Visa Purposes.

Examples of documents that you can submit to establish presence/continuous residence include copies of any of the following:

  • Passport;
  • Form I-94, Arrival-Departure Record;
  • Employment records;
  • Rent receipts, utility bills (gas, electric, telephone, etc.) or receipts, or letters from companies showing dates when the applicant received service;
  • Passport entries;
  • Bank books with dated transactions;
  • Selective Service card;
  • Attestations by churches, unions, or other organizations of the applicant’s residence;
  • Affidavits;
  • Money order receipts for money sent in or out of the United States;
  • Birth certificates of children born in the United States;
  • Correspondence between the applicant and others; or
  • Social Security card.

How to File for an Employment Authorization Document

If you are covered under DED for Hong Kong and you want a DED-based Employment Authorization Document (EAD) valid through Feb. 5, 2023, follow the instructions provided in the Federal Register notice on how to apply for an EAD.

Generally, you must file Form I-765, Application for Employment Authorization, and pay the associated fee (or request a fee waiver). On Form I-765, indicate that you are covered under DED for Hong Kong by putting “(a)(11)” in response to Question 27. You may request a fee waiver by submitting Form I-912, Request for Fee Waiver, or a written request.

If we need biometrics to produce a secure EAD, we will notify you of your appointment to appear at a USCIS Application Support Center.

You may check general processing times for Form I-765 on our processing times page.

How to Request Authorization to Travel Outside the United States

DHS may provide travel authorization as a discretionary benefit of DED for eligible Hong Kong residents. You must file for advance parole if you wish to travel outside of the United States temporarily. Advance parole authorizes U.S. Customs and Border Protection (CBP) to allow you to return to the United States during a specified period. A CBP inspector will make the final decision on your reentry. If you leave the United States without first receiving advance parole, you may no longer be eligible for DED and may not be permitted to reenter the United States.

To request advance parole, you must file Form I-131, Application for Travel Document, and pay the associated fee. The filing instructions on Form I-131 list all the documents you will need to provide to USCIS. You may also find information about acceptable documentation and DED eligibility on USCIS’ Deferred Enforced Departure webpage.

You may file Form I-765 and Form I-131 together or separately.

If you are…Mail your completed form to…
Mailing your form through the U.S. Postal ServiceUSCIS
Attn: DED Hong Kong
PO Box 805283
Chicago, IL 60680-5283
Using FedEx, UPS, or DHLUSCIS
Attn: DED Hong Kong (Box 805283)
131 S. Dearborn St., 3rd Floor
Chicago, IL 60603-5517

Last Reviewed/Updated: 01/26/2023

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