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Notice2023-095072023-05-04

Implementation of Employment Authorization for Individuals Covered by Deferred Enforced Departure for Hong Kong

Homeland Security Department, U.S. Citizenship and Immigration Services

Abstract

On January 26, 2023, President Joseph Biden issued a memorandum to the Secretary of State and the Secretary of Homeland Security (Secretary) determining that it was in the foreign policy interest of the United States to extend and expand the deferral of removal of certain Hong Kong residents present in the United States through February 5, 2025, and to provide them with employment authorization documentation. The memorandum directed the Secretary to make provision for immediate allowance of employment authorization for such individuals. This Notice provides information about Deferred Enforced Departure (DED) for eligible Hong Kong residents and provides information on how eligible individuals may apply for DED-based Employment Authorization Documents (EADs) with USCIS. Through this notice, DHS is providing employment authorization, including procedures for obtaining related documentation, for covered individuals through February 5, 2025, and automatically extending the validity of DED-based EADs bearing a Category Code of A11 and a "Card Expires" date of February 5, 2023 through February 5, 2025. Finally, this Notice provides instructions for DED-eligible Hong Kong residents on how to file for advance travel authorization. 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 (HKSAR) Document of Identity for Visa Purposes.

Action & Dates

Action
Notice of employment authorization for individuals covered by Deferred Enforced Departure (DED).
Dates
DED and employment authorization for noncitizens covered by DED for Hong Kong residents is effective January 26, 2023, through February 5, 2025. Employment authorization and the procedures for obtaining EADs in this Notice apply to any of the following individuals (except those who are subject to any of the ineligibilities described in President Biden's memorandum to the Secretaries of State and Homeland Security): noncitizens who are Hong Kong residents, who were covered by DED until February 5, 2023; as well as Hong Kong residents, who have been continuously physically present in the United States since January 26, 2023. Hong Kong residents must meet all eligibility criteria for DED described below.
Effective Date
2023-01-26

Document Excerpt

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Homeland Security U.S. Citizenship and Immigration Services [CIS 2739-23; DHS Docket No. USCIS 2021-0020; RIN 1615-ZB90] AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department of Homeland Security. ACTION: Notice of employment authorization for individuals covered by Deferred Enforced Departure (DED). SUMMARY: On January 26, 2023, President Joseph Biden issued a memorandum to the Secretary of State and the Secretary of Homeland Security (Secretary) determining that it was in the foreign policy interest of the United States to extend and expand the deferral of removal of certain Hong Kong residents present in the United States through February 5, 2025, and to provide them with employment authorization documentation. The memorandum directed the Secretary to make provision for immediate allowance of employment authorization for such individuals. This Notice provides information about Deferred Enforced Departure (DED) for eligible Hong Kong residents and provides information on how eligible individuals may apply for DED-based Employment Authorization Documents (EADs) with USCIS. Through this notice, DHS is providing employment authorization, including procedures for obtaining related documentation, for covered individuals through February 5, 2025, and automatically extending the validity of DED-based EADs bearing a Category Code of A11 and a “Card Expires” date of February 5, 2023 through February 5, 2025. Finally, this Notice provides ins

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Full Document

Citation: 88 FR 28589