USCIS Issues Employment Authorization Procedures for Palestinians on Deferred Enforced Departure

Deferred Enforced Departure: On April 12, 2024, USCIS issued a Federal Register notice establishing procedures for Palestinians eligible for Deferred Enforced Departure (DED) to apply for Employment Authorization Documents (EADs) valid through Aug. 13, 2025. President Joe Biden had announced in February 2024 DED for up to 18 months through Aug. 13, 2025, for Palestinians who had been present in the United States since Feb. 14, 2024.

There is no application for obtaining DED classification. Palestinians are covered by DED if they meet the eligibility requirements set out in President Biden’s directive and the Federal Register. But covered Palestinians must apply for DED-based EADs. The Federal Register notice sets out the EAD application instructions.

The Federal Register notice also adds that Palestinians eligible for DED who wish to travel outside the United States based on DED must apply for travel authorization by filing a Form I-131, Application for Travel Document. If a Palestinian covered by DED leaves the United States without first receiving travel authorization, that individual may no longer be eligible for DED and may not be permitted to reenter the United States.

Jackson Lewis attorneys are available to assist you with any questions about Palestinian DED and how to complete the Form I-9, Employment Eligibility Verification, process.