Certain Hong Kong Residents are now granted DED until February 5, 2023

On August 5, 2021, President Biden granted DED for certain eligible residents of Hong Kong for 18 months, until February 5, 2023.
 
1. What is DED?

​DED is in the president’s discretion to authorize as part of his constitutional power to conduct foreign relations. Although DED is not a specific immigration status, individuals covered by DED are not subject to removal from the United States for a designated period of time.
 
2. Eligibility  

  A. You are a Hongkong Resident

Hong Kong residents are defined as individuals who have met the requirements for, 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.
 
  B. Have been present and continuously resided in the United States since August 5, 2021; and

  C. Have not voluntarily returned to Hong Kong or the People’s Republic of China after August 5, 2021

  D. You do not meet the one of the exceptions listed below
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• You have voluntarily returned to Hong Kong or the People’s Republic of China (PRC) after Aug. 5, 2021;
• You have not continuously resided in the United States since Aug. 5, 2021;
• You 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));
• You have been convicted of any felony or two or more misdemeanors committed in the United States, or who meet the criteria set forth in section 208(b)(2)(A) of the INA (8 U.S.C. 1158(b)(2)(A));
• You are subject to extradition;
• Your 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
• Your 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.

 
3. How to apply for DED

There is no “application” for DED, but those who are eligible for DED may apply for an Employment Authorization Document (EAD).
 
4. Work Authorization and SSN

If you are covered under DED for Hong Kong and you want a DED-based Employment Authorization Document (EAD) valid through Feb. 5, 2023. If you have a work permit, you are allowed to legally work in the U.S. for any employer without restrictions or consequences. If you never had a Social Security Number (SSN) and completed the section on the application to request an SSN card, when USCIS approves your application, you will receive two documents – your Employment Authorization Document (EAD), also known as the “USCIS I-766 card” or “work permit,” and in another envelope your SSN card. Please don't hesitate to get in touch with Law offices of Sabrina Li to submit your application with USCIS.
 
5. Travel Authorization

You might be able to obtain travel authorization as a discretionary benefit of DED as an eligible Hong Kong resident. Law offices of Sabrina Li can help you get advance parole if you wish to travel outside of the United States temporarily. Advance parole authorizes U.S. Customs and Border Protection (CBP) to allow you to return to the United States during a specified period. A CBP inspector will make the final decision on your reentry. If you leave the United States without first receiving advance parole, you may no longer be eligible for DED and may not be permitted to reenter the United States.