USCIS Announces Process for Designated Hong Kong Residents to Apply for Work Permits

The United States Citizenship and Immigration Services (USCIS) has shared new details about how certain Hong Kong residents who are protected by Deferred Enforced Departure (DED) can apply for work permits. These work permits, also known as Employment Authorization Documents (EADs), will be valid until February 5, 2027.

For those who already have a work permit under DED, if it expires on either February 5, 2023, or February 5, 2025, its validity will automatically be extended until February 5, 2027. This means those people can continue to use their current work permit as proof of identity and employment authorization when filing out the Form I-9, which is used to verify employment eligibility in the U.S.

A policy memo issued on January 15, 2025, announced that certain Hong Kong residents who were in the U.S. on that date will not be removed from the country and can stay until February 5, 2027.

It is important to know that there is no application needed to be covered under DED. If you are eligible for DED protection, you are already authorized to work in the U.S. However, if you are eligible and want to apply for a physical work permit (EAD card), you will need to fill out and submit Form I-765, which is the Application for Employment Authorization. Additionally, if you want to travel outside the U.S. and come back, you must request travel authorization by submitting Form I-131, which is the Application for Travel Documents.

Note: USCIS reviews each work permit application on a case-by-case basis to make sure it meets all the eligibility requirements. They also screen applicants for any issues related to fraud, public safety, or national security.

As this matter is subject to further updates, we encourage our readers to check the website regularly for updates regarding this and all matters regarding immigration law. Pasricha & Patel’s immigration department has extensive experience in handling business and personal immigration matters. Our team is happy to speak to you on your specific issues.