Work Authorization for Hong Kong Residents Covered by Deferred Enforced Departure
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On October 20, 2021, USCIS published information on how to apply for employment authorization for certain Hong Kong residents. This follows President Biden’s memorandum issued on August 5, 2021, authorizing Deferred Enforced Departure (DED) due to the erosion of humanitarian rights and freedoms in Hong Kong by the People’s Republic of China (PRC).
For DED purposes, Hong Kong residents are “individuals of any nationality, or without nationality, who have met the requirements 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.”
Although not a temporary or permanent immigration status, DED protects those covered from removal or deportation from the United States. It also allows those covered to apply for work authorization for the designated period.
DED applies to eligible Hong Kong residents who were physically present in the United States on or before August 5, 2021. This protection is provided for 18 months, through February 5, 2023.
If you have questions or concerns about DED for Hong Kong residents or applying for a work authorization, please contact Smith Knudson to schedule a consultation with one of our experienced attorneys.
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