[Federal Register Volume 90, Number 64 (Friday, April 4, 2025)]
[Notices]
[Pages 14845-14848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-05903]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2802-25; DHS Docket No. USCIS-2021-0020]
RIN 1615-ZB90
Implementation of Employment Authorization for Individuals
Covered by Deferred Enforced Departure for Hong Kong
AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department
of Homeland Security (DHS).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: On January 15, 2025, former President Joseph Biden issued a
memorandum to the Secretary of State and the Secretary of Homeland
Security (Secretary) determining it was in the foreign policy interest
of the United States to expand and extend the deferral of removal of
certain Hong Kong residents present in the United States through
February 5, 2027, and to provide them with employment authorization
documentation. This notice provides information about Deferred Enforced
Departure (DED) for eligible Hong Kong residents and how eligible
individuals may apply for DED-based Employment Authorization Documents
(EADs) with USCIS, as well as for travel authorization.
DATES: DED and employment authorization for aliens covered by DED for
Hong Kong residents is effective January 15, 2025, through February 5,
2027.
FOR FURTHER INFORMATION CONTACT: Ren[aacute] Cutlip-Mason, Chief,
Humanitarian Affairs Division, Office of Policy and Strategy, U.S.
Citizenship and Immigration Services, Department of Homeland Security,
by mail at 5900 Capital Gateway Drive, Camp Springs, MD 20746, or by
phone at 240-721-3000.
For further information on DED, including additional information on
eligibility, please visit the USCIS DED web page at https://www.uscis.gov/humanitarian/deferred-enforced-departure. You can find
specific information about DED for Hong Kong by selecting ``DED--
Certain Hong Kong Residents'' from the menu on the left of the DED web
page.
If you have additional questions about DED, please visit https://www.uscis.gov/tools. Our online virtual assistant, Emma, can answer
many of your questions and point you to additional information on our
website. If you are unable to find your answers there, you may also
call our USCIS Contact Center at 800-375-5283 (TTY 800-767-1833).
Applicants seeking information about the status of their individual
Form I-765, Application for Employment Authorization, or Form I-131,
Application for Travel Documents, Parole Documents, and Arrival/
Departure Records, may check Case Status Online, available on the USCIS
website at https://www.uscis.gov, or visit the USCIS Contact Center at
https://www.uscis.gov/contactcenter.
You can also find more information at local USCIS offices, listed
on the USCIS website at https://www.uscis.gov/about-us/find-a-uscis-office, after this notice is published.
SUPPLEMENTARY INFORMATION:
Table of Abbreviations
CFR--Code of Federal Regulations
DED--Deferred Enforced Departure
DHS--U.S. Department of Homeland Security
DoS--Department of State
EAD--Employment Authorization Document
FNC--Final Non-confirmation
Form I-131--Application for Travel Documents, Parole Documents, and
Arrival/Departure Records
Form I-765--Application for Employment Authorization
Form I-797--Notice of Action
Form I-9--Employment Eligibility Verification
Form I-912--Request for Fee Waiver
Form I-94--Arrival/Departure Record
FR--Federal Register
Government--U.S. Government
IER--U.S. Department of Justice, Civil Rights Division, Immigrant
and Employee Rights Section
INA--Immigration and Nationality Act
PRC--People's Republic of China
SAVE--USCIS Systematic Alien Verification for Entitlements Program
Secretary--Secretary of Homeland Security
[[Page 14846]]
TTY--Text Telephone
USCIS--U.S. Citizenship and Immigration Services
U.S.C.--United States Code
Definitions
For the purposes of this Notice, a Hong Kong resident is defined as
an individual of any nationality, or without nationality, who has met
the requirements for, and been granted, a Hong Kong Special
Administrative Region Passport, a British National Overseas Passport, a
British Overseas Citizen Passport, a Hong Kong Permanent Identity card,
or a Hong Kong Special Administrative Region Document of Identity for
Visa Purposes.
Purpose of This Action
Under the President's constitutional authority to conduct the
foreign relations of the United States, former President Biden
determined that it is in the foreign policy interest of the United
States to defer through February 5, 2027, the removal of certain Hong
Kong residents, regardless of country of birth, who have been present
in the United States since January 15, 2025.\1\ Through this Notice,
DHS is establishing procedures for individuals covered by DED for Hong
Kong to apply for EADs valid through February 5, 2027, and
automatically extends through February 5, 2027, the validity of DED-
based EADs bearing a Category Code of A11 and a ``Card Expires'' date
of February 5, 2023, or February 5, 2025. Additionally, this notice
provides instructions on how to request advance travel authorization
for eligible residents of Hong Kong in the United States.
---------------------------------------------------------------------------
\1\ See Extending and Expanding Eligibility for Deferred
Enforced Departure for Certain Hong Kong Residents, 90 FR 6749 (Jan.
17, 2025).
---------------------------------------------------------------------------
What is Deferred Enforced Departure (DED)?
DED is an administrative deferral of removal ordered by
the President. The authority to extend DED arises from the President's
constitutional authority to conduct the foreign relations of the United
States. DED has been authorized in situations where certain groups of
aliens may face danger if required to return to countries, or any part
of such countries, experiencing political instability, conflict, or
other unsafe conditions, or when there are other foreign policy reasons
for allowing a designated group of aliens to remain in the United
States temporarily.
Although DED is not a specific immigration status and does
not require residents of Hong Kong to file an application with USCIS,
individuals covered by DED are not subject to removal from the United
States, usually for a designated period. Furthermore, the President may
direct the Secretary to provide certain benefits that are authorized
under the immigration laws, such as employment authorization, to aliens
covered by the DED directive during the designated period.
USCIS publishes a Federal Register notice to inform the
covered population how to apply for any benefits provided. See
instructions for Form I-765.
The eligibility requirements for individuals who are
covered by DED are based on the terms of the President's memorandum
regarding DED and any relevant implementing requirements established by
DHS. Since DED is a directive to defer removal of an individual, rather
than a specific immigration status like Temporary Protected Status,
there is no DED application form required for an individual to be
covered by DED. If an individual covered by DED wants to apply for an
EAD, they must file Form I-765. Similarly, if an individual covered by
DED wants to apply for advance travel authorization, they must file
Form I-131.
Background
Former President Biden determined that there are compelling foreign
policy reasons to extend and expand DED for certain Hong Kong
residents. In his January 15, 2025, memorandum, he explained that
``[t]he United States is committed to a foreign policy that unites our
democratic values with our foreign policy goals, which is centered on
the defense of democracy and the promotion of human rights around the
world. Offering safe haven to Hong Kong residents who have been
deprived of their guaranteed freedoms in Hong Kong furthers United
States interests in the region.''
Kika M. Scott,
Senior Official Performing the Duties of the Director, U.S. Citizenship
and Immigration Services.
Eligibility and Employment Authorization for DED
How will I know if I am eligible for employment authorization under the
DED presidential memorandum for Hong Kong residents?
The procedures for employment authorization in this Notice apply to
aliens who are 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 in the United States since January 15, 2025, except for
aliens:
Who have voluntarily returned to Hong Kong or the People's
Republic of China (PRC) after January 15, 2025;
Who have not continuously resided in the United States
since January 15, 2025, except for aliens who applied for and received
travel authorization covering their absence from the United States;
Who are inadmissible under section 212(a)(3) of the
Immigration and Nationality Act (INA) (8 U.S.C. 1182(a)(3)) or
deportable under section 237(a)(4) of the INA (8 U.S.C. 1227(a)(4));
Who have been convicted of any felony or two or more
misdemeanors committed in the United States, or who meet any of the
criteria set forth in section 208(b)(2)(A) of the INA (8 U.S.C.
1158(b)(2)(A));
Who are subject to extradition;
Whose presence in the United States the Secretary of
Homeland Security has determined is not in the interest of the United
States or presents a danger to public safety; or
Whose presence in the United States the Secretary of State
has reasonable grounds to believe would have potentially serious
adverse foreign policy consequences for the United States.
What will I need to file if I am covered by DED and would like to
obtain an EAD?
If you are a resident of Hong Kong covered by DED and want a DED-
based EAD, you must file Form I-765. Please carefully follow the Form
I-765 instructions when completing the application for an EAD. When
filing Form I-765, you must:
Indicate that you are eligible for DED by entering
``(a)(11)'' in response to Question 27 on Form I-765; and
Submit the fee for Form I-765 (or request a fee waiver,\2\
which you may submit on Form I-912, Request for Fee Waiver). See Fee
Schedule (Form G-1055).
---------------------------------------------------------------------------
\2\ For information about filing fee waiver requests including
through Form I-912, Request for Fee Waiver, see https://www.uscis.gov/forms/filing-fees/additional-information-on-filing-a-fee-waiver.
---------------------------------------------------------------------------
If you currently have a DED-based EAD bearing a Category Code of
A11 and a ``Card Expires'' date of February 5, 2023, or February 5,
2025, and are covered by DED under the January 15, 2025, Presidential
Memorandum, your EAD is automatically extended through February 5,
2027, even though the expiration date stated on the front of the card
has passed.
[[Page 14847]]
Supporting Documentation
The filing instructions on Form I-765 list all the documents needed
to apply. You may also find information on the initial required
documents on the USCIS website at https://www.uscis.gov/i-765. If USCIS
determines after reviewing your submission that it needs additional
information, we will send you a request for evidence.
How will I know if I must submit my biometrics to USCIS?
If USCIS needs biometrics after you apply, we will send you a
biometric services appointment notice with the time and location of
your appointment. You can prepare for your biometrics appointment by
visiting the Preparing for Your Biometric Services Appointment web page
at https://www.uscis.gov/forms/filing-guidance/preparing-for-your-biometric-services-appointment. Be sure to bring valid photo
identification to your appointment.
Where do I find the fees for DED applicants?
You can find the most current filing fees for individuals covered
by DED filing Form I-765 and Form I-131 by visiting the Form G-1055,
Fee Schedule at https://www.uscis.gov/g-1055. No biometrics fees are
required when you file.
Where do I submit my completed DED-based Form I-765?
For a DED-based EAD, mail your completed Form I-765 and supporting
documentation to the proper address in Table 1.
Table 1--Mailing Addresses
------------------------------------------------------------------------
If you are . . . Mail your completed form to . . .
------------------------------------------------------------------------
Using the U.S. Postal Service USCIS, Attn: DED Hong Kong, P.O. Box
(USPS). 805283, Chicago, IL 60680-5283.
Using FedEx, UPS, or DHL..... USCIS, Attn: DED Hong Kong (Box 805283),
131 S Dearborn St., 3rd Floor, Chicago,
IL 60603-5517.
------------------------------------------------------------------------
You may file Form I-765 and Form I-131 together or separately. If
you are filing multiple applications, petitions, or requests, USCIS
recommends sending separate payments for each application. If you
submit one payment covering all your applications and we reject one of
the applications, petitions, or requests, we will need to reject all
the others as well. Find more information below on filing Form I-131.
Can I file my DED-based Form I-765 electronically?
No. Electronic filing is not available to file a DED-based Form I-
765.
What happens after February 5, 2027, to DED-based EADs?
This DED authorization is set to end on February 5, 2027. After
that date, employers can no longer accept EADs with the Category A11
and a Card Expires date of February 5, 2023; February 5, 2025; or
February 5, 2027. You will need to present other evidence of continued
employment authorization, if any, to your employer by February 6, 2027.
Travel
Hong Kong residents covered by DED may also apply for and be
granted travel authorization as a matter of discretion. You must file
for travel authorization if you wish to travel outside of the United
States and be eligible to reenter the United States. If USCIS grants
travel authorization, it gives you permission to leave the United
States and to return to a U.S. port of entry to request reentry during
a specific period. To request travel authorization, you must file Form
I-131, available at https://www.uscis.gov/i-131. You may file Form I-
131 together with your Form I-765 or separately. When you file Form I-
131, you must:
Select Item Number 5.D. in Part 1 on Form I-131; and
Submit the fee for Form I-131.
If you leave the United States without first receiving travel
authorization, you may no longer be eligible for DED and may not be
permitted to reenter the United States. Please also be advised that if
you return to Hong Kong or other parts of the PRC, even with advance
travel authorization, you may not be permitted to resume DED in the
United States since the presidential memorandum providing for DED for
Hong Kong excludes individuals who have voluntarily returned to Hong
Kong or other parts of the PRC after the date of the memorandum.\3\
---------------------------------------------------------------------------
\3\ See 90 FR 6749.
---------------------------------------------------------------------------
Mailing Information
Mail your completed Form I-131 to the proper address provided in
Table 1.
Supporting Documentation
The filing instructions for Form I-131 list all the documents you
need to include with your application. You may also find information on
the acceptable documentation and DED eligibility on the USCIS website
at https://www.uscis.gov/humanitarian/deferred-enforced-departure. If
USCIS needs additional evidence, we will send you a request for
evidence.
General Employment-Related Information for Individuals With DED-Based
EADs and Their Employers
How can I obtain information on the status of my EAD request?
To get case status information about your DED-based EAD request,
you can check Case Status Online at https://www.uscis.gov or visit the
USCIS Contact Center at https://www.uscis.gov/contactcenter. If you
still need assistance, you may ask a question about your case online at
https://egov.uscis.gov/e-request/Intro.do or call the USCIS Contact
Center at 800-375-5283 (TTY 800-767-1833).
When I am hired, what documentation may I show to my employer as
evidence of identity and employment authorization when completing Form
I-9?
You can find the Lists of Acceptable Documents on Form I-9,
Employment Eligibility Verification, as well as the Acceptable
Documents web page at https://www.uscis.gov/i-9-central/acceptable-documents. Employers must complete Form I-9 to verify the identity and
employment authorization of all new employees. Within three business
days of hire, employees must present acceptable documents to their
employers as evidence of identity and employment authorization to
satisfy Form I-9 requirements.\4\
---------------------------------------------------------------------------
\4\ For employment that will last less than three days, Section
2 of the Form I-9 must be completed no later than the first day of
work for pay.
---------------------------------------------------------------------------
You may present any documentation from List A (which provides
evidence of both identity and employment
[[Page 14848]]
authorization) or documentation from List B (which provides evidence of
your identity) together with documentation from List C (which provides
evidence of employment authorization), or you may present an acceptable
receipt as described in the Form I-9 Instructions. Employers may not
reject a document based on a future expiration date. You can find
additional information about Form I-9 on the I-9 Central web page at
https://www.uscis.gov/I-9Central. An EAD is an acceptable document
under List A.
If I have an EAD based on another immigration status, can I obtain a
new DED-based EAD?
Yes, if you are covered by DED, you can obtain a new DED-based EAD,
even if you already have an EAD or employment authorization based on
another immigration status or category. If you want to obtain a DED-
based EAD valid through February 5, 2027, you must file Form I-765 and
pay the associated fee (unless USCIS grants your fee waiver request).
Can my employer require that I provide any other documentation to
complete Form I-9, such as evidence of my status or proof of my Hong
Kong residency?
No. When completing Form I-9, employers must accept any unexpired
documentation that appears on the Form I-9 Lists of Acceptable
Documents that reasonably appears to be genuine and that relates to
you, or an acceptable List A, List B, or List C receipt. Employers may
not request proof of Hong Kong residency when completing Form I-9 for
new hires or reverifying the employment authorization of current
employees. Refer to the ``Note to Employees'' section of this Federal
Register notice for important information about your rights if your
employer rejects lawful documentation, requires additional
documentation, or otherwise discriminates against you based on your
citizenship or immigration status, or your national origin.
Note to All Employers
Employers are reminded that the laws requiring proper employment
eligibility verification and prohibiting unfair immigration-related
employment practices remain in full force. This Federal Register notice
does not supersede or in any way limit applicable employment
verification rules and policy guidance, including those rules listing
reverification requirements. For general questions about the employment
eligibility verification process, employers may call USCIS at 888-464-
4218 (TTY 877-875-6028) or email USCIS at [email protected]. For
questions about avoiding discrimination during the employment
eligibility verification process (Form I-9 and E-Verify), employers may
call the U.S. Department of Justice, Civil Rights Division, Immigrant
and Employee Rights Section (IER) Employer Hotline at 800-255-8155 (TTY
800-237-2515). Employers may also email IER at [email protected] or get
more information online at https://www.justice.gov/ier.
Note to Employees
For general questions about the employment eligibility verification
process, employees may call USCIS at 888-897-7781 (TTY 877-875-6028) or
email USCIS at [email protected]. Employees or applicants may
also call the IER Worker Hotline at 800-255-7688 (TTY 800-237-2515) for
information regarding employment discrimination based on citizenship,
immigration status, or national origin, including discrimination
related to Form I-9 and E-Verify.
To comply with the law, employers must accept any document or
combination of documents from the Lists of Acceptable Documents if the
documentation reasonably appears to be genuine and to relate to the
employee, or an acceptable List A, List B, or List C receipt as
described in the Form I-9 instructions. Employers may not require extra
or additional documentation beyond what is required for Form I-9
completion. Further, employers participating in E-Verify who receive an
E-Verify case result of ``Tentative Non-confirmation'' (mismatch) must
promptly inform employees of the mismatch and give such employees an
opportunity to resolve the mismatch. A mismatch means that the
information entered into E-Verify from Form I-9 differs from records
available to DHS.
Employers may not terminate, suspend, delay training, withhold or
lower pay, or take any adverse action against an employee because of a
mismatch while the case is still pending with E-Verify. A Final Non-
confirmation (FNC) case result occurs if E-Verify cannot confirm an
employee's employment eligibility. An employer may terminate employment
based on a case result of FNC. Employment-authorized employees who
receive an FNC may call USCIS for assistance at 888-897-7781 (TTY 877-
875-6028). For more information about E-Verify-related discrimination
or to report an employer for discrimination in the E-Verify process
based on citizenship, immigration status, or national origin, contact
IER's Worker Hotline at 800-255-7688 (TTY 800-237-2515). Additional
information about proper nondiscriminatory Form I-9 and E-Verify
procedures is available on the IER website at https://www.justice.gov/ier and the USCIS and E-Verify websites at https://www.uscis.gov/i-9-central and https://www.e-verify.gov.
Note Regarding Federal, State, and Local Government Agencies (Such as
Departments of Motor Vehicles)
If you are applying for a Federal, state, or local government
benefit, you may need to provide the government agency with documents
that show you are covered under DED or authorized to work based on DED
or both. Check with the government agency requesting documentation
about which documents the agency will accept.
Some government agencies use SAVE, https://www.uscis.gov/save, to
confirm the current immigration status of applicants for public
benefits and licenses. SAVE can verify that an individual is covered by
DED based on an EAD with Category A11 or a Form I-797, Notice of
Action, reflecting approval of your Form I-765 for an EAD with a DED
category code of (a)(11). In most cases, SAVE provides an automated
electronic response to benefit-granting agencies within seconds, but
occasionally verification can be delayed.
You can check the status of your SAVE verification by using
CaseCheck at https://www.uscis.gov/save/save-casecheck. CaseCheck is a
free service that lets you follow the progress of your SAVE
verification case using your date of birth and one immigration
identifier number (such as your A-Number or USCIS number) or
Verification Case Number. If an agency has denied your application
based solely or in part on a SAVE response, the agency must allow you
to appeal the decision in accordance with the agency's procedures. If
the agency has received and acted on or will act on a SAVE
verification, and you do not believe the SAVE response is correct, the
SAVE website, https://www.uscis.gov/save/for-benefit-applicants, has
detailed information on how to correct or update your immigration
record, make an appointment, or submit a written request to correct
records.
[FR Doc. 2025-05903 Filed 4-3-25; 8:45 am]
BILLING CODE 9111-97-P