Important Updates
Important Updates
October 29, 2025 | Republic of Korea (South Korea)South Korea: K-Star Visa for Science and Tech Talent Implemented
October 29, 2025 | United Kingdom, United StatesGames Industry: US H-1B Visas: Alternatives to a $100,000 Fee
October 29, 2025 | United Kingdom, BelgiumPeople Management: How Will EU Travel Rule Changes Impact Employers?
October 29, 2025 | Saudi ArabiaSaudi Arabia: Increased Saudization Requirements for Certain Private-Sector Healthcare Roles
October 29, 2025Saudi Arabia: Mandatory Health Insurance Prior to Temporary Work Visa Issuance
October 29, 2025 | Republic of Korea (South Korea)South Korea: K-Star Visa for Science and Tech Talent Implemented
October 29, 2025 | United Kingdom, United StatesGames Industry: US H-1B Visas: Alternatives to a $100,000 Fee
October 29, 2025 | United Kingdom, BelgiumPeople Management: How Will EU Travel Rule Changes Impact Employers?
October 29, 2025 | Saudi ArabiaSaudi Arabia: Increased Saudization Requirements for Certain Private-Sector Healthcare Roles
October 29, 2025Saudi Arabia: Mandatory Health Insurance Prior to Temporary Work Visa Issuance
October 29, 2025 | Republic of Korea (South Korea)South Korea: K-Star Visa for Science and Tech Talent Implemented
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

Media mentions

Games Industry: US H-1B Visas: Alternatives to a $100,000 Fee

Senior Manager William Diaz outlines the US visa options available to the games industry for bringing international talent to the United States, including O-1, L-1 and E-2.

Learn more

Media mentions

People Management: How Will EU Travel Rule Changes Impact Employers?

Partner Jo Antoons and Manager Andreia Ghimis explain how businesses can navigate Europe’s new ETIAS pre-travel authorisation and avoid disruptions.

Learn more

Media mentions

Arts Professional: How Easy Is It for Overseas Creatives to Work in the UK?

Partner Louise Haycock and Associate Jennifer Gray analyse the barriers and opportunities for overseas creatives navigating the UK’s immigration system.

Learn more

Blog post

Claiming British Citizenship Through Ancestral Lineage: Who Is Eligible?

Associate Chloe Evans outlines eligibility criteria for individuals seeking British citizenship based on ancestral ties.

Learn more

Fragomen news

Fragomen Semiconductors Presents: "Voice of the Industry" October 2025 Q&A with Shari Liss

Fragomen’s Semiconductor Industry Group publishes the next installment of its “Voice of the Industry” Q&A series, featuring Shari Liss, Vice President of Global Workforce Development and Initiatives at SEMI.

Learn more

Media mentions

Gazeta Prawna: Legalny napływ cudzoziemców do pracy powstrzymany

Partner Karolina Schiffter highlights how Poland’s tightened visa system affects foreign hiring and the challenges companies face in navigating it.

Learn more

Media mentions

Bloomberg Law: US Chamber Turns Trump Foe in Rare Split Over $100,000 H-1B Fee

Partner Carl Hampe provides insight on the impact of the $100,000 H-1B fee and the US Chamber of Commerce’s related lawsuit.

Learn more

Awards

Fragomen Wins 2025 FEM EMEA “Best Partnership” EMMA for Collaboration with TBB

Fragomen was honoured with the “Best Partnership Between a Corporate Organization and a Service Provider” EMMA at FEM's 2025 EMEA Summit.

Learn more

Media mentions

Global Mobility Lawyer: DOL Flags Immigration Crackdown as Risk to Food Supply

Partner Rachel Beardsley highlights how H-2A visa strategies can help sustain a skilled US agricultural workforce.

Learn more

Blog post

Intra-African Mobility: Unlocking the Continent’s Promise Through Free Movement

Director Willys Mac’Olale discusses how intra-African mobility can unlock the continent’s economic and social potential by promoting free movement, fostering integration and development.

Learn more

Blog post

Costa Rica Family Relocation: Understanding Residency for Dependents

Immigration Director Adriana MartĂ­nez Garro explains the residency process in Costa Rica for families relocating with dependents, outlining key legal considerations and steps for securing status.

Learn more

Media mentions

Financial Times: Scientists Charged Too Much to Come to Work in UK, Says Royal Society

Fragomen contributed data showing how UK visa and health surcharge costs compare with other leading research nations.

Learn more

Media mentions

Games Industry: US H-1B Visas: Alternatives to a $100,000 Fee

Senior Manager William Diaz outlines the US visa options available to the games industry for bringing international talent to the United States, including O-1, L-1 and E-2.

Learn more

Media mentions

People Management: How Will EU Travel Rule Changes Impact Employers?

Partner Jo Antoons and Manager Andreia Ghimis explain how businesses can navigate Europe’s new ETIAS pre-travel authorisation and avoid disruptions.

Learn more

Media mentions

Arts Professional: How Easy Is It for Overseas Creatives to Work in the UK?

Partner Louise Haycock and Associate Jennifer Gray analyse the barriers and opportunities for overseas creatives navigating the UK’s immigration system.

Learn more

Blog post

Claiming British Citizenship Through Ancestral Lineage: Who Is Eligible?

Associate Chloe Evans outlines eligibility criteria for individuals seeking British citizenship based on ancestral ties.

Learn more

Fragomen news

Fragomen Semiconductors Presents: "Voice of the Industry" October 2025 Q&A with Shari Liss

Fragomen’s Semiconductor Industry Group publishes the next installment of its “Voice of the Industry” Q&A series, featuring Shari Liss, Vice President of Global Workforce Development and Initiatives at SEMI.

Learn more

Media mentions

Gazeta Prawna: Legalny napływ cudzoziemców do pracy powstrzymany

Partner Karolina Schiffter highlights how Poland’s tightened visa system affects foreign hiring and the challenges companies face in navigating it.

Learn more

Media mentions

Bloomberg Law: US Chamber Turns Trump Foe in Rare Split Over $100,000 H-1B Fee

Partner Carl Hampe provides insight on the impact of the $100,000 H-1B fee and the US Chamber of Commerce’s related lawsuit.

Learn more

Awards

Fragomen Wins 2025 FEM EMEA “Best Partnership” EMMA for Collaboration with TBB

Fragomen was honoured with the “Best Partnership Between a Corporate Organization and a Service Provider” EMMA at FEM's 2025 EMEA Summit.

Learn more

Media mentions

Global Mobility Lawyer: DOL Flags Immigration Crackdown as Risk to Food Supply

Partner Rachel Beardsley highlights how H-2A visa strategies can help sustain a skilled US agricultural workforce.

Learn more

Blog post

Intra-African Mobility: Unlocking the Continent’s Promise Through Free Movement

Director Willys Mac’Olale discusses how intra-African mobility can unlock the continent’s economic and social potential by promoting free movement, fostering integration and development.

Learn more

Blog post

Costa Rica Family Relocation: Understanding Residency for Dependents

Immigration Director Adriana MartĂ­nez Garro explains the residency process in Costa Rica for families relocating with dependents, outlining key legal considerations and steps for securing status.

Learn more

Media mentions

Financial Times: Scientists Charged Too Much to Come to Work in UK, Says Royal Society

Fragomen contributed data showing how UK visa and health surcharge costs compare with other leading research nations.

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.