Important Updates
Important Updates
November 18, 2025 | United KingdomFragomen Recognised on The Times’ 2026 Best Law Firms List
November 19, 2025 | HungaryHungary: Increased Scrutiny of Work Permit Applications; Transition to New Digital Application System
November 18, 2025 | CanadaCanada: Ontario’s Express Entry Skilled Trades Stream Suspended
November 18, 2025 | CanadaCanada: Work Permit Exemption for FIFA-Invited Foreign Nationals Announced
November 18, 2025 | ChinaChina Managing Partner Becky Xia Named Among the "Top 100 Most Influential Chinese Elites for 2025" by Forbes China
November 18, 2025 | United KingdomFragomen Recognised on The Times’ 2026 Best Law Firms List
November 19, 2025 | HungaryHungary: Increased Scrutiny of Work Permit Applications; Transition to New Digital Application System
November 18, 2025 | CanadaCanada: Ontario’s Express Entry Skilled Trades Stream Suspended
November 18, 2025 | CanadaCanada: Work Permit Exemption for FIFA-Invited Foreign Nationals Announced
November 18, 2025 | ChinaChina Managing Partner Becky Xia Named Among the "Top 100 Most Influential Chinese Elites for 2025" by Forbes China
November 18, 2025 | United KingdomFragomen Recognised on The Times’ 2026 Best Law Firms List
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

United States: DHS Implements Extension and Expansion of Deferred Enforced Departure for Hong Kong, Extends Relaxed Employment Options for Hong Kong F-1 Students

May 4, 2023

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a Glance

  • The Department of Homeland Security (DHS) has published a Notice implementing the previously announced two-year extension and expansion of Deferred Enforced Departure (DED) for Hong Kong residents though February 5, 2025, and defining the application process for Employment Authorization Documents (EADs) and advance parole travel authorization under the program. 
  • The DHS Notice also automatically extends Hong Kong DED-related EADs by two years, through February 5, 2025. 
  • In a separate Notice, DHS has also extended the suspension of certain employment authorization rules for students from Hong Kong who are experiencing severe economic hardship as a direct result of the current crisis in Hong Kong. 

A closer look

Following President Biden’s January 26 approval of a two-year extension and expansion of Deferred Enforced Departure (DED) for Hong Kong residents, DHS has published a Notice in the Federal Register defining the eligibility criteria for the extended and expanded program and the related EAD and advance parole application process. The DED extension and redesignation provides eligible Hong Kong residents with temporary protection from removal and eligibility for employment authorization in the United States through February 5, 2025.  

Eligibility criteria

Pursuant to the DHS Notice, the extended and expanded grant of DED applies to certain Hong Kong residents who are present in the United States and who were covered by the initial grant of DED announced on August 5, 2021, as well as those who arrived in the U.S. after the initial grant of DED, and who have been continuously present in the United States since the President’s January 26, 2023 directive.  
 
Hong Kong residents who return to Hong Kong or other parts of the People’s Republic of China (PRC) after January 26, 2023, have committed certain crimes, or present a national security threat, among others, may not be eligible under the program. 

Application for EAD and auto-extension of existing EADs

There is no application process for DED itself. An application is required only for work or travel authorization.  
 
Hong Kong DED beneficiaries seeking work authorization must file a Form I-765, Application for Employment Authorization, and required fee (or request for fee waiver) with USCIS. EAD applicants may be required to undergo biometrics collection (fingerprinting). EADs will be valid until February 5, 2025. 
 
Previously issued Hong Kong DED EADs bearing a Category Code of “A11” and an expiration date of February 5, 2023 are considered covered by the DED extension under the January 26, 2023 presidential directive and are deemed automatically extended through February 5, 2025. The Federal Register notice provides specific instructions on proper completion of an I-9 form to reflect an automatically extended Hong Kong DED EAD. 

Application for travel authorization (advance parole)

Hong Kong DED beneficiaries must apply for advance parole travel authorization if they wish to travel outside the United States. Advance parole applicants must file Form I-131, Application for Travel Document, and required fee, with USCIS. The advance parole application may be filed concurrently with an EAD application, or separately. 

Background on DED and its related benefits

Deferred Enforced Departure (DED) is not a specific immigration status but rather is a discretionary grant of protection that can be issued only by the President of the United States, as part of the President’s constitutional power to conduct foreign relations. It is used in very limited instances.  
 
Individuals covered by DED are not subject to removal from the United States during the designated DED period and typically may request employment authorization during the designation period. Currently, in addition to Hong Kong residents, Liberian nationals are also eligible for DED. 

Extension of relaxed employment rules for certain F-1 students from Hong Kong

Separately, DHS is renewing its suspension of certain employment authorization rules for F-1 students who are residents of Hong Kong and who are experiencing severe economic hardship as a result of the crisis in Hong Kong. The relaxed employment authorization rules for such students, which were set to expire on February 5, 2023, have been extended through February 5, 2025. 
 
Under the relaxed rules, qualifying Hong Kong residents in F-1 student status may request employment authorization, work an increased number of hours while school is in session, and reduce their course load, while continuing to maintain their F-1 nonimmigrant student status. DHS will deem students who obtain employment authorization under this policy to be engaged in a “full course of study” if the student maintains the minimum course load set forth in the Federal Register notice extending the policy. 
 
To qualify, F-1 students must establish that they:  

  • Are Hong Kong residents, regardless of country of birth;  
  • Were lawfully present in the United States in F-1 status on January 26, 2023; 
  • Are enrolled in an academic institution that is Student and Exchange Visitor Program (SEVP)-certified; 
  • Are currently maintaining F-1 status; and 
  • Are experiencing severe economic hardship as a direct result of the current crisis in Hong Kong. 

F-1 students who receive authorization from their Designated School Official (DSO) to work off campus may apply for an EAD by submitting the required Form I-765 application and corresponding fee (or fee waiver request) to USCIS. F-1 students employed on campus do not need to apply for an EAD but do require DSO authorization. 

Looking ahead

Hong Kong residents currently in the United States who believe they are eligible for DED and wish to obtain work or travel authorization should apply according to the instructions contained in today’s Federal Register Notice. 
 
Prior to the conclusion of the two-year extension of Hong Kong DED on February 5, 2025, the White House will review conditions in Hong Kong to determine whether a further extension of DED is appropriate. 
 
Hong Kong residents in F-1 student status should contact their school’s DSO to determine whether they can avail themselves of the relaxed employment authorization standards. 

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen. 

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Blog post

UAE Updates Residency Rules to Support Residents Following Marital Status Changes

Manager Ruaida Hussein outlines the UAE’s updated residency rules introducing a one-year residence permit for eligible individuals following divorce or the death of a spouse

Learn more

Awards

China Managing Partner Becky Xia Named Among the "Top 100 Most Influential Chinese Elites for 2025" by Forbes China

China Managing Partner Becky Xia is named among the “Top 100 Most Influential Chinese Elites for 2025” by Forbes China for her leadership in immigration law and contributions to global mobility.

Learn more

Awards

Fragomen Recognised on The Times’ 2026 Best Law Firms List

Fragomen is featured on The Times’ 2026 Best Law Firms list in the category of immigration.

Learn more

Blog post

Foreign Birth Registration: How to Claim Irish Citizenship Through Ancestry in 2025

Senior Immigration Consultant Patricia Rezmives explains the 2025 process for claiming Irish citizenship through ancestry and key considerations for foreign birth registration.

Learn more

Fragomen news

Fragomen Named Among Top Firms on Law360 Pulse's 2025 Social Impact Leaders List

Fragomen is recognized on Law360 Pulse's 2025 Social Impact Leaders list.

Learn more

Awards

Partner F. Joseph Paldino Honored with the 2025 Utah State Bar Paul Moxley Outstanding Mentor Award

Partner F. Joseph Paldino is recognized with the Utah State Bar’s Paul Moxley Outstanding Mentor Award for his dedication to mentorship in immigration law and fostering professional growth in the legal community.

Learn more

Blog post

The Compliance Paradox: Why Immigration Compliance Must Become Strategic Governance

In this blog, Partner K. Edward Raleigh explains how modern immigration compliance must evolve from paperwork and formality into a strategic governance discipline that aligns outdated laws with today’s business realities and measures true compliance through systems, behavior and integrity.

Learn more

Blog post

UK Immigration Reforms: A Moment to Shape the System

UK Government Affairs Strategy Director Shuyeb Muquit examines the UK’s evolving immigration framework, outlining recent reforms, upcoming consultations and the key areas where business can help shape the system’s future direction.

Learn more

Media mentions

„Zatrudnianie cudzoziemców po zmianach” – praktyczny przewodnik dla pracodawców

Partner Karolina Schiffter and Poland Immigration Strategy Director Tomasz Rogala authored Zatrudnianie cudzoziemców po zmianach, a practical guide for navigating Poland’s new rules for hiring foreign workers.

Learn more

Video

Irish Citizenship by Descent: Are You Eligible?

Senior Manager Fatima Aydin breaks down Irish citizenship by descent, a popular pathway for individuals of Irish ancestry to secure Irish citizenship and passport. 

Learn more

Awards

Fragomen Attorneys Recognized in the 2026 Edition of The Best Lawyers in Mexico™

Eight Fragomen professionals in Mexico City recognized in The Best Lawyers in Mexico™ 2026 edition for excellence in Immigration Law.

Learn more

Fragomen news

Global Mobility Lawyer: DHS proposes sweeping expansion of biometric data collection

Partner Blake Chisam discusses DHS’s proposed rule expanding biometric data collection and continuous vetting, outlining key privacy and compliance implications for employers.

Learn more

Blog post

UAE Updates Residency Rules to Support Residents Following Marital Status Changes

Manager Ruaida Hussein outlines the UAE’s updated residency rules introducing a one-year residence permit for eligible individuals following divorce or the death of a spouse

Learn more

Awards

China Managing Partner Becky Xia Named Among the "Top 100 Most Influential Chinese Elites for 2025" by Forbes China

China Managing Partner Becky Xia is named among the “Top 100 Most Influential Chinese Elites for 2025” by Forbes China for her leadership in immigration law and contributions to global mobility.

Learn more

Awards

Fragomen Recognised on The Times’ 2026 Best Law Firms List

Fragomen is featured on The Times’ 2026 Best Law Firms list in the category of immigration.

Learn more

Blog post

Foreign Birth Registration: How to Claim Irish Citizenship Through Ancestry in 2025

Senior Immigration Consultant Patricia Rezmives explains the 2025 process for claiming Irish citizenship through ancestry and key considerations for foreign birth registration.

Learn more

Fragomen news

Fragomen Named Among Top Firms on Law360 Pulse's 2025 Social Impact Leaders List

Fragomen is recognized on Law360 Pulse's 2025 Social Impact Leaders list.

Learn more

Awards

Partner F. Joseph Paldino Honored with the 2025 Utah State Bar Paul Moxley Outstanding Mentor Award

Partner F. Joseph Paldino is recognized with the Utah State Bar’s Paul Moxley Outstanding Mentor Award for his dedication to mentorship in immigration law and fostering professional growth in the legal community.

Learn more

Blog post

The Compliance Paradox: Why Immigration Compliance Must Become Strategic Governance

In this blog, Partner K. Edward Raleigh explains how modern immigration compliance must evolve from paperwork and formality into a strategic governance discipline that aligns outdated laws with today’s business realities and measures true compliance through systems, behavior and integrity.

Learn more

Blog post

UK Immigration Reforms: A Moment to Shape the System

UK Government Affairs Strategy Director Shuyeb Muquit examines the UK’s evolving immigration framework, outlining recent reforms, upcoming consultations and the key areas where business can help shape the system’s future direction.

Learn more

Media mentions

„Zatrudnianie cudzoziemców po zmianach” – praktyczny przewodnik dla pracodawców

Partner Karolina Schiffter and Poland Immigration Strategy Director Tomasz Rogala authored Zatrudnianie cudzoziemców po zmianach, a practical guide for navigating Poland’s new rules for hiring foreign workers.

Learn more

Video

Irish Citizenship by Descent: Are You Eligible?

Senior Manager Fatima Aydin breaks down Irish citizenship by descent, a popular pathway for individuals of Irish ancestry to secure Irish citizenship and passport. 

Learn more

Awards

Fragomen Attorneys Recognized in the 2026 Edition of The Best Lawyers in Mexico™

Eight Fragomen professionals in Mexico City recognized in The Best Lawyers in Mexico™ 2026 edition for excellence in Immigration Law.

Learn more

Fragomen news

Global Mobility Lawyer: DHS proposes sweeping expansion of biometric data collection

Partner Blake Chisam discusses DHS’s proposed rule expanding biometric data collection and continuous vetting, outlining key privacy and compliance implications for employers.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.