Hong Kong residents are authorized to stay in the United States for 18 months based under the Deferred Enforced Departure (DED) program, according to a memorandum issued by President Biden on August 5, 2021. Qualified Hong Kong residents may now apply for Employment Authorization Document (EAD) and Travel Document (Advance Parole) for U.S. employment and international travel.
Who are eligible for EAD and Travel Document?
Hong Kong residents who are eligible for President Biden's DED program may apply for EAD and advance parole now. Hong Kong residents, regardless of their country of birth, who are present in the United States on August 5, 2021, are eligible for DED except for individuals:
- Who have voluntarily returned to Hong Kong or the People’s Republic of China (PRC) after August 5, 2021;
- who have not continuously resided in the United States since August 5, 2021;
- who are inadmissible or deportable for security and related reasons;
- who have been convicted of any felony or two or more misdemeanors committed in the United States, or who would not be eligible for asylum (e.g., persecutors, security risks, etc.)
- who are subject to extradition;
- whose presence in the United States 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.
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