Hong Kong Residents Protected By New Deferred Enforced Departure Directive

Deferred Enforced Departure (DED) is being extended by President Joe Biden for 24 months, ending February 5, 2027, for all Hong Kong residents currently residing in the United States, regardless of their country of birth.

The following actions have been ordered of the Department of Homeland Security:

Consider suspending regulatory requirements for F-1 students who reside in Hong Kong and take steps to authorize employment authorization for the duration of the deferral.

People must fulfil the general requirements for admissibility and:

must have either failed to live continuously in the United States since January 15, 2025, or voluntarily returned to Hong Kong or the PRC after that date.

DED is a humanitarian administrative stay of removal and is authorized based upon the president’s constitutional authority to conduct foreign relations. DED was first authorized for Hong Kong residents in August 2021.

Instructions on how to apply for employment authorization will be published in the Federal Register. Lawmakers had sent a letter to President Biden requesting an extension for Hong Kong for four years until Jan. 20, 2029.

Please contact a Jackson Lewis attorney if you have any questions about applying for employment authorization under DED.