Hong Kong Residents Get U.S. Work Authorization Until 2027
Published Date: 4/4/2025
Notice
Summary
Starting January 15, 2025, certain Hong Kong residents in the U.S. get an extended stay until February 5, 2027, plus the green light to work legally with new employment authorization. If you qualify, you can apply for work and travel permits through USCIS. This move helps folks from Hong Kong live and work in the U.S. without worries for the next couple of years.
Analyzed Economic Effects
10 provisions identified: 6 benefits, 3 costs, 1 mixed.
Deferred removal through Feb 5, 2027
If you are a Hong Kong resident present in the United States since January 15, 2025, you are covered by Deferred Enforced Departure (DED) and your removal is deferred through February 5, 2027. This means you are not subject to removal for that period.
Work permits available through Feb 5, 2027
If you are covered by DED for Hong Kong, you may apply to USCIS for an Employment Authorization Document (EAD) by filing Form I-765 and entering "(a)(11)" in Question 27. USCIS will issue DED-based EADs valid through February 5, 2027.
Certain EADs automatically extended to 2027
If you currently hold a DED-based EAD with Category Code A11 and a "Card Expires" date of February 5, 2023 or February 5, 2025, your EAD is automatically extended through February 5, 2027 even if the card shows an earlier expiration.
You must file I-765 and pay (or request waiver)
To obtain a new DED-based EAD valid through February 5, 2027, you must file Form I-765 (enter "(a)(11)" in Question 27) and submit the Form I-765 filing fee, or submit Form I-912 to request a fee waiver. Follow the Form I-765 instructions and the Form G-1055 fee schedule.
Travel requires USCIS advance authorization
If you covered by DED want to travel outside the United States and return, you must file Form I-131 to request advance travel authorization; leaving without that authorization may make you ineligible for DED and prevent reentry. Also, individuals who voluntarily returned to Hong Kong or other parts of the PRC after January 15, 2025 are excluded from DED.
A11 EADs invalid after Feb 5, 2027
After February 5, 2027, employers may no longer accept EADs with Category A11 and Card Expires dates of February 5, 2023; February 5, 2025; or February 5, 2027. You must present other evidence of continued employment authorization, if any, to your employer by February 6, 2027.
Eligibility exclusions for DED and EAD
Certain Hong Kong residents are ineligible for DED or DED-based EADs, including those who voluntarily returned to Hong Kong/PRC after January 15, 2025; those not continuously present since January 15, 2025 (except with approved travel authorization); individuals inadmissible under INA 212(a)(3) or deportable under INA 237(a)(4); people convicted of a felony or two or more misdemeanors in the U.S.; persons subject to extradition; or individuals the Secretary determines are not in the interest of the United States.
No biometrics fee for DED filings
When you file Form I-765 or Form I-131 for DED-related benefits, USCIS does not require a separate biometrics fee for DED applicants.
Employers may not demand Hong Kong residency proof
When completing Form I-9, employers may not require proof of Hong Kong residency or additional documents beyond the Form I-9 Lists of Acceptable Documents; an EAD is an acceptable List A document. Employees also have protections against discrimination and procedures for E-Verify mismatches and Final Non-confirmations.
SAVE verification for public benefits and appeals
Federal, state, and local agencies can use the Systematic Alien Verification for Entitlements (SAVE) program to confirm DED coverage using an A11 EAD or a Form I-797 showing approval. You may check SAVE CaseCheck and appeal or request corrections if a SAVE response affects a benefits or license decision.
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