United States: DHS Implements Extension of Deferred Enforced Departure (DED) for Certain Hong Kong Residents

The extended grant of DED applies to certain Hong Kong residents (regardless of their country of birth) who are present in the United States and who were covered by DED until February 5, 2025, as well as Hong Kong residents who have been present and continuously residing in the United States since January 15, 2025, with some exceptions.

Hong Kong residents who have voluntarily returned to Hong Kong or other parts of the People’s Republic of China (PRC) after January 15, 2025, have committed certain crimes, or present a national security threat, among others, may not be eligible under the program.

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, 2027.

Previously issued Hong Kong DED EADs bearing a Category Code of “A11” and an expiration date of February 5, 2023 or February 5, 2025 are deemed automatically extended through February 5, 2027. The Federal Register notice provides specific instructions on proper completion of an I-9 form to reflect an automatically extended Hong Kong DED EAD.

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.

Deferred Enforced Departure (DED) is not a specific immigration status but rather is a discretionary grant of protection that can be granted only by a U.S. president as part of their 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 for a certain period of time and typically may request employment authorization during the designation period. There is no application form required for an individual to be covered by DED; however, those who wish to work must apply for an EAD work permit. DED is currently available to certain Palestinians, Liberians, Lebanese, and residents of Hong Kong.

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 the DHS Federal Register notice.

Prior to the conclusion of the two-year extension of Hong Kong DED on February 5, 2027, the President will review conditions in Hong Kong to determine whether a further extension of DED is appropriate.