Implementation of Employment Authorization for Individuals Covered by Deferred Enforced Departure for Hong Kong, 58296-58299 [2021-23012]

Download as PDF 58296 Federal Register / Vol. 86, No. 201 / Thursday, October 21, 2021 / Notices HISTORY: You may contact Andria Strano, Acting Division Chief, Office of Policy and Strategy, U.S. Citizenship and Immigration Services, Department of Homeland Security, by mail at 5900 Capital Gateway Drive, Camp Springs, MD 20746, or by phone at 800–375– 5283. ADDRESSES: • For further information on DED, including additional information on eligibility, please visit the USCIS DED web page at uscis.gov/humanitarian/ deferred-enforced-departure. You can find specific information about DED for Hong Kong by selecting ‘‘DED Granted Region: Hong Kong’’ from the menu on the left of the DED web page. • If you have additional questions about DED, please visit uscis.gov/tools. Our online virtual assistant, Emma, can answer many of your questions and point you to additional information on our website. If you are unable to find your answers there, you may also call our USCIS Contact Center at 800–375– 5283 (TTY 800–767–1833). • Applicants seeking information about the status of their individual cases may check Case Status Online, available on the USCIS website at uscis.gov, or visit the USCIS Contact Center at uscis.gov/contactcenter. • Further information will also be available at local USCIS offices upon publication of this Notice. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: 80 FR 44372 (July 27, 2015). Lynn Parker Dupree, Chief Privacy Officer, U.S. Department of Homeland Security. [FR Doc. 2021–22836 Filed 10–20–21; 8:45 am] BILLING CODE P DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services [CIS No. 2701–21; DHS Docket No. USCIS– 2021–0020] RIN 1615–ZB90 Implementation of Employment Authorization for Individuals Covered by Deferred Enforced Departure for Hong Kong U.S. Citizenship and Immigration Services (USCIS), Department of Homeland Security. ACTION: Notice. AGENCY: On August 5, 2021, President Joseph Biden issued a memorandum to the Secretary of State and the Secretary of Homeland Security (Secretary) directing the Secretary to take appropriate measures to defer for 18 months, through February 5, 2023, the removal of certain Hong Kong residents present in the United States. This Notice provides information about Deferred Enforced Departure (DED) for certain eligible Hong Kong residents and provides information on how eligible individuals may apply for DED-related Employment Authorization Documents (EADs) with USCIS. For the purposes of this Notice, a Hong Kong resident is defined as an individual of any nationality, or without nationality, who has met the requirements for, and been granted, a Hong Kong Special Administrative Region Passport, a British National Overseas Passport, a British Overseas Citizen Passport, a Hong Kong Permanent Identity card, or a Hong Kong Special Administrative Region (HKSAR) Document of Identity for Visa Purposes. DATES: DED and employment authorization for noncitizens covered under DED for Hong Kong is effective from August 5, 2021 through February 5, 2023. The procedures for employment authorization in this Notice apply only to noncitizens who are Hong Kong residents, who are present in the United States as of August 5, 2021, and who meet other eligibility criteria for DED described below. jspears on DSK121TN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:35 Oct 20, 2021 Jkt 256001 Table of Abbreviations CFR—Code of Federal Regulations DED—Deferred Enforced Departure DHS—U.S. Department of Homeland Security EAD—Employment Authorization Document FNC—Final Non-confirmation Form I–765—Application for Employment Authorization Form I–9—Employment Eligibility Verification Form I–912—Request for Fee Waiver FR—Federal Register Government—U.S. Government IER—U.S. Department of Justice Civil Rights Division, Immigrant and Employee Rights Section SAVE—USCIS Systematic Alien Verification for Entitlements Program Secretary—Secretary of Homeland Security TNC—Tentative Non-confirmation TPS—Temporary Protected Status TTY—Text Telephone USCIS—U.S. Citizenship and Immigration Services U.S.C.—United States Code Purpose of This Action Pursuant to the President’s constitutional authority to conduct the foreign relations of the United States, President Biden has concluded that PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 foreign policy considerations warrant implementing DED for Hong Kong through February 5, 2023.1 Through this Notice, as directed by the President, DHS is establishing procedures for individuals covered by DED for Hong Kong to apply for employment authorization through February 5, 2023. What is Deferred Enforced Departure (DED)? • DED is an administrative stay of removal ordered by the President. The authority to grant DED arises from the President’s constitutional authority to conduct the foreign relations of the United States. The President can authorize DED for any reason related to this authority. DED has been authorized in situations where foreign nationals or other groups of noncitizens may face danger if required to return to countries or any part of such foreign countries experiencing political instability, conflict, or other unsafe conditions, or when there are other foreign policy reasons for allowing a designated group of noncitizens to remain in the United States. • Although DED is not a specific immigration status, individuals covered by DED are not subject to removal from the United States, usually for a designated period of time. Furthermore, the President may direct that certain benefits, such as employment authorization or travel authorization, be available to the noncitizens covered by the DED directive. • If the President provides for employment or travel authorization, USCIS administers those benefits. USCIS publishes a Federal Register notice to instruct the covered population on how to apply for any benefits provided. • The President issues directives regarding DED and who is covered via presidential memorandum. The qualification requirements for individuals who are covered under DED are based on the terms of the President’s directive regarding DED and any relevant implementing requirements established by DHS. Since DED is a directive not to remove particular individuals, rather than a specific immigration status like Temporary Protected Status (TPS), there is no DED application form required to obtain DED coverage. 1 See Presidential Memorandum for the Secretary of State and the Secretary of Homeland Security on the Deferred Enforced Departure for Certain Hong Kong Residents August 5, 2021, available at https:// www.whitehouse.gov/briefing-room/statementsreleases/2021/08/05/memorandum-on-the-deferredenforced-departure-for-certain-hong-kongresidents/. E:\FR\FM\21OCN1.SGM 21OCN1 Federal Register / Vol. 86, No. 201 / Thursday, October 21, 2021 / Notices The Presidential Memorandum ordering DED for Hong Kong can be found at: https://www.whitehouse.gov/ briefing-room/statements-releases/2021/ 08/05/memorandum-on-the-deferredenforced-departure-for-certain-hongkong-residents/. Ur M. Jaddou, Director, U.S. Citizenship and Immigration Services. Eligibility and Employment Authorization for DED How will I know if I am eligible for employment authorization under the DED Presidential Memorandum for Hong Kong? The procedures for employment authorization in this Notice apply only to non-U.S. citizens who are Hong Kong residents (regardless of their country of birth), who are present in the United States as of August 5, 2021, except for noncitizens: • 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 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)); • who 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)); • who are subject to extradition; • whose presence in the United States the Secretary has determined 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. jspears on DSK121TN23PROD with NOTICES1 What will I need to file if I am covered by DED and would like to obtain employment authorization? If you are covered under DED for Hong Kong and would like to work on a DED-related EAD, you must apply for an EAD by filing an Application for Employment Authorization (Form I– 765). Please carefully follow the Form I– 765 instructions when completing the application for an EAD. When filing the Form I–765, you must: VerDate Sep<11>2014 17:35 Oct 20, 2021 Jkt 256001 • Indicate that you are eligible for DED by entering ‘‘(a)(11)’’ in response to Question 27 on the Form I–765; and • Submit the fee for the Form I–765 (or request a fee waiver). The regulations require individuals covered under DED who request an EAD to pay the fee prescribed in 8 CFR 103.7 for the Form I–765. See also 8 CFR 274a.12(a)(11) (employment authorization for DED-covered individuals); and 8 CFR 274a.13(a) (requirement to file EAD application if EAD desired). If you are unable to pay the fee, you may request a fee waiver by completing a Request for Fee Waiver (Form I–912). Supporting Documentation The filing instructions on Form I–765 list all the documents needed. You may also find information on the initial required documents on the USCIS website at https://www.uscis.gov/i-765. If USCIS determines after reviewing your submission that it needs additional information, it will issue you a Request for Evidence (RFE). How will I know if USCIS will need to obtain biometrics? If biometrics are required to produce your EAD, you will be notified by USCIS and scheduled for an appointment at a USCIS Application Support Center. Where do I submit my completed DEDbased application for employment authorization (Form I–765)? For DED, mail your completed Form I–765 and supporting documentation to the proper address in Table 1 below. TABLE 1—MAILING ADDRESSES If . . . Mail to . . . You are applying through the U.S. Postal Service. You are using FedEx, UPS, or DHL. USCIS, Attn: DED Hong Kong, P.O. Box 805283, Chicago, IL 60680–5283. USCIS, Attn: DED Hong Kong, (Box 805283), 131 South Dearborn—3rd Floor, Chicago, IL 60603– 5517. Can I file my DED-based Form I–765 electronically? No. Electronic filing is not available when filing Form I–765 based on DED. What happens after February 5, 2023, for purposes of DED-based employment authorization? This DED authorization is set to end on February 5, 2023. After that date, employers can no longer accept EADs PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 58297 with a category code of A11 and a February 5, 2023, expiration date, and employees will need to present other evidence of continued work authorization. Travel In its discretion, DHS may provide travel authorization as a benefit of DED for eligible Hong Kong residents. You must file for advance parole if you wish to travel outside the United States. Advance parole gives you permission to leave the United States and return during a specified period. To request advance parole, you must file Form I– 131, Application for Travel Document, available at www.uscis.gov/i-131. You may file Form I–131 with Form I–765 or separately. When filing the Form I–131, you must: • Select Item Number 1.d. in Part 2 on the Form I–131; and • Submit the fee for the Form I–131. 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. Please also be advised that if you return to Hong Kong or the PRC, you may not be permitted to resume DED in the United States since the presidential memorandum providing for DED for certain Hong Kong residents excludes individuals who have voluntarily returned to Hong Kong or the PRC after August 5, 2021.2 Mailing Information Mail your application for Form I–131 to the proper address in Table 1. Supporting Documentation The filing instructions on Form I–131 list all the documents needed. You may also find information on the acceptable documentation and DED eligibility on the USCIS website at www.uscis.gov/ humanitarian/deferred-enforceddeparture. If USCIS needs additional evidence, it will issue you an RFE. General Employment-Related Information for Individuals With DEDBased Employment Authorization and Their Employers How can I obtain information on the status of my EAD request? To get case status information about your DED-based EAD request, you can check Case Status Online at uscis.gov, or visit the USCIS Contact Center at uscis.gov/contactcenter. If your Form I– 765 has been pending for more than 90 days, and you still need assistance, you may ask a question about your case online at egov.uscis.gov/e-request/ 2 Ibid. E:\FR\FM\21OCN1.SGM 21OCN1 58298 Federal Register / Vol. 86, No. 201 / Thursday, October 21, 2021 / Notices Intro.do or call the USCIS Contact Center at 800–375–5283 (TTY 800–767– 1833). When hired, what documentation may I show to my employer as evidence of identity and employment authorization when completing Form I–9? You can find the Lists of Acceptable Documents on the third page of Form I– 9, Employment Eligibility Verification, as well as the Acceptable Documents web page at uscis.gov/i-9-central/ acceptable-documents. Employers must complete Form I–9 to verify the identity and employment authorization of all new employees hired after November 6, 1986. Within three business days of hire, employees must present acceptable document(s) to their employers as evidence of identity and employment authorization to satisfy Form I–9 requirements and employers must complete Section 2 of the Form I–9. For employment that will last less than three days, Section 2 of the Form I–9 must be completed no later than the first day of work for pay. You may present any documentation from List A (which provides evidence of both identity and employment authorization) or documentation from List B (which provides evidence of your identity) together with documentation from List C (which provides evidence of employment authorization), or where applicable you may present an acceptable receipt. Receipts may not be accepted if employment will last less than three days. Additional information on receipts is available at www.uscis.gov/i-9-central/form-i-9acceptable-documents/receipts. Employers may not reject a document based on a future expiration date. You can find additional information about Form I–9 on the I–9 Central web page at uscis.gov/I-9Central. An EAD is an acceptable document under List A. jspears on DSK121TN23PROD with NOTICES1 If I have an EAD based on another immigration status, can I obtain a new DED-based EAD? Yes, if you are eligible for DED, you can obtain a new EAD, regardless of whether you have an EAD based on another immigration status. If you want to obtain a DED-based EAD valid through February 5, 2023, then you must file Form I–765 and pay the associated fee. Can my employer require that I provide any other documentation to prove my status, such as proof of my Hong Kong residency? No. When completing Form I–9, employers must accept any documentation that appears on the VerDate Sep<11>2014 17:35 Oct 20, 2021 Jkt 256001 Form I–9 Lists of Acceptable Documents that reasonably appears to be genuine and that relates to you, or an acceptable List A, List B, or List C receipt. Employers need not reverify List B identity documents. Therefore, employers may not request proof of Hong Kong residency when completing Form I–9 for new hires or reverifying the employment authorization of current employees. Refer to the ‘‘Note to Employees’’ section of this Federal Register notice for important information about your rights if your employer rejects lawful documentation, requires additional documentation, or otherwise discriminates against you based on your citizenship or immigration status, or your national origin. Note to All Employers Employers are reminded that the laws requiring proper employment eligibility verification and prohibiting unfair immigration-related employment practices remain in full force. This Federal Register notice does not supersede or in any way limit applicable employment verification rules and policy guidance, including those rules setting forth reverification requirements. For general questions about the employment eligibility verification process, employers may call USCIS at 888–464–4218 (TTY 877–875– 6028) or email USCIS at I-9Central@ dhs.gov. USCIS accepts calls and emails in English and many other languages. For questions about avoiding discrimination during the employment eligibility verification process (Form I– 9 and E-Verify), employers may call the U.S. Department of Justice, Civil Rights Division, Immigrant and Employee Rights Section (IER) Employer Hotline at 800–255–8155 (TTY 800–237–2515). IER offers language interpretation in numerous languages. Employers may also email IER at IER@usdoj.gov. Note to Employees For general questions about the employment eligibility verification process, employees may call USCIS at 888–897–7781 (TTY 877–875–6028) or email USCIS at I-9Central@dhs.gov. USCIS accepts calls in English, Spanish and many other languages. Employees or applicants may also call the IER Worker Hotline at 800–255–7688 (TTY 800–237–2515) for information regarding employment discrimination based upon citizenship, immigration status, or national origin, including discrimination related to Form I–9 and E-Verify. The IER Worker Hotline provides language interpretation in numerous languages. PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 To comply with the law, employers must accept any document or combination of documents from the Lists of Acceptable Documents if the documentation reasonably appears to be genuine and to relate to the employee, or an acceptable List A, List B, or List C receipt. Employers may not require extra or additional documentation beyond what is required for Form I–9 completion. Further, employers participating in E-Verify who receive an E-Verify case result of Tentative Nonconfirmation (TNC) must promptly inform employees of the TNC and give such employees an opportunity to contest the TNC. A TNC case result means that the information entered into E-Verify from Form I–9 differs from records available to DHS. Employers may not terminate, suspend, delay training, withhold or lower pay, or take any adverse action against an employee because of the TNC while the case is still pending with EVerify. A Final Non-confirmation (FNC) case result is received when E-Verify cannot confirm an employee’s employment eligibility. An employer may terminate employment based on a case result of FNC. Work-authorized employees who receive an FNC may call USCIS for assistance at 888–897–7781 (TTY 877–875–6028). For more information about E-Verify-related discrimination or to report an employer for discrimination in the E-Verify process based on citizenship, immigration status, or national origin, contact IER’s Worker Hotline at 800– 255–7688 (TTY 800–237–2515). Additional information about proper nondiscriminatory Form I–9 and EVerify procedures is available on the IER website at justice.gov/ier and the USCIS and E-Verify websites at uscis.gov/i-9-central and e-verify.gov. Note Regarding Federal, State, and Local Government Agencies (Such as Departments of Motor Vehicles) For Federal purposes, individuals may present their A11 EAD to show they are covered by DED. However, while Federal Government agencies must follow the guidelines laid out by the Federal Government, state and local government agencies establish their own rules and guidelines when granting certain benefits. Each state may have different laws, requirements, and determinations about what documents you need to provide to prove eligibility for certain benefits. Whether you are applying for a Federal, state, or local government benefit, you may need to provide the government agency your A11 EAD or other DHS-issued documentation showing you are covered E:\FR\FM\21OCN1.SGM 21OCN1 Federal Register / Vol. 86, No. 201 / Thursday, October 21, 2021 / Notices under DED and/or showing you are authorized to work based on DED. Check with the government agency regarding which documentation the agency will accept. Some benefit-granting agencies use the Systematic Alien Verification for Entitlements (SAVE) program to confirm the current immigration status of applicants for public benefits. SAVE can verify when an individual has DED based on the documentation above. In most cases, SAVE provides an automated electronic response to benefit-granting agencies within seconds, but occasionally verification can be delayed. You can check the status of your SAVE verification by using CaseCheck at uscis.gov/save/savecasecheck, then by clicking the ‘‘Check Your Case’’ button. CaseCheck is a free service that lets you follow the progress of your SAVE verification using your date of birth and SAVE verification case number or an immigration identifier number that you provided to the benefit-granting agency. If an agency has denied your application based solely or in part on a SAVE response, the agency must offer you the opportunity to appeal the decision in accordance with the agency’s procedures. If the agency has received and acted on or will act on a SAVE verification and you do not believe the response is correct, find detailed information on how to make corrections or update your immigration record, make an appointment, or submit a written request to correct records on the SAVE website at www.uscis.gov/ save. [FR Doc. 2021–23012 Filed 10–20–21; 8:45 am] BILLING CODE 9111–97–P INTER-AMERICAN FOUNDATION 30-Day Notice for IAF Solicitation Related to Consultation With IAF Indigenous Grantees and Tribal Nations in the United States (PRA) Inter-American Foundation. Notice and request for comment. AGENCY: ACTION: In compliance with the Paperwork Reduction Act (PRA) of 1995, this notice announces that the Inter-American Foundation (IAF), will submit to the Office of Management and Budget (OMB) a solicitation to conduct automated outreach to IAF Indigenous grantees and Tribal Nations in the United States. The solicitation explains the IAF’s reasoning for this request and describes the type of information the agency seeks, along with calculations of possible related costs and burdens to potential participants. jspears on DSK121TN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:35 Oct 20, 2021 Jkt 256001 FOR FURTHER INFORMATION CONTACT: Natalia Mandrus Associate General Counsel, (202) 688–3054 or via email to nmandrus@iaf.gov and Edward Gracia, Congressional Specialist, (202) 803– 6109 or via email to egracia@iaf.gov. DATES: Written comments must be submitted to the office listed in the address section below within 30 days from the date of this publication in the Federal Register. SUPPLEMENTARY INFORMATION: Title of Collection: IAF Solicitation Related to Consultation with Indigenous Grantees and Tribal Nations in the United States. OMB Control Number: Will be assigned upon OMB approval. Type of Review: New Collection (Request for a new OMB control number). Affected Public: IAF Indigenous grantees and Tribal Nations in the United States. Estimated Number of Respondents per year: 30. Estimated Total Annual Burden Hours: 15 hours. Abstract: In accordance with President Biden’s January 26, 2021 memorandum on Tribal Consultation and Strengthening Nation-to-Nation Relationships, and Executive Order 13175, Consultation and Coordination with Tribal Governments (November 6, 2000), the IAF is committed to engaging in meaningful dialogue with Tribal Nations. The information collection would give Indigenous-led or Indigenous-serving organizations in Latin America, the Caribbean, and Tribal Nations in the United States an opportunity to participate in the design and fulfillment of U.S. policies and actions that may impact their interests. Also, the IAF would like to better understand interest on grantee exchanges between Tribal Nations in the United States and IAF Indigenous grantees and Indigenous-serving groups in order to share best practices. Request for Comments: The IAF issued a 60-day Federal Register notice on June 3, 2021 (86 FR 31523). Comments were solicited and continue to be invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 58299 burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Aswathi Zachariah, General Counsel. [FR Doc. 2021–22945 Filed 10–20–21; 8:45 am] BILLING CODE 7025–01–P DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLES960000.L14400000.ET0000.223; MNES–059784] Notice of Application for Withdrawal and Segregation of Federal Lands; Cook, Lake, and Saint Louis Counties, Minnesota Bureau of Land Management, Interior. ACTION: Notice of application. AGENCY: The United States Department of Agriculture, Forest Service (USFS) has filed an application with the Bureau of Land Management (BLM) requesting the Secretary of the Interior to withdraw, for a 20-year term, approximately 225,378 acres of National Forest System lands in the Rainy River Watershed on the Superior National Forest in northeastern Minnesota, from disposition under the United States mineral and geothermal leasing laws, subject to valid existing rights. This notice segregates the lands for up to two years from operation of the United States mineral and geothermal leasing laws, subject to valid existing rights; provides an opportunity for the public to submit written comments on the withdrawal application; and notifies the public that one or more public meetings will be held regarding the application. DATES: Comments regarding this withdrawal application must be received by January 19, 2022. A notice for public meeting(s) regarding the withdrawal application will be announced separately in the Federal Register, in at least one local newspaper, and on agency websites at least 30 days before meeting(s) are held during this 90-day comment period. ADDRESSES: Comments regarding this withdrawal proposal should be sent to SUMMARY: E:\FR\FM\21OCN1.SGM 21OCN1

Agencies

[Federal Register Volume 86, Number 201 (Thursday, October 21, 2021)]
[Notices]
[Pages 58296-58299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23012]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2701-21; DHS Docket No. USCIS-2021-0020]
RIN 1615-ZB90


Implementation of Employment Authorization for Individuals 
Covered by Deferred Enforced Departure for Hong Kong

AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department 
of Homeland Security.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: On August 5, 2021, President Joseph Biden issued a memorandum 
to the Secretary of State and the Secretary of Homeland Security 
(Secretary) directing the Secretary to take appropriate measures to 
defer for 18 months, through February 5, 2023, the removal of certain 
Hong Kong residents present in the United States. This Notice provides 
information about Deferred Enforced Departure (DED) for certain 
eligible Hong Kong residents and provides information on how eligible 
individuals may apply for DED-related Employment Authorization 
Documents (EADs) with USCIS. For the purposes of this Notice, a Hong 
Kong resident is defined as an individual of any nationality, or 
without nationality, who has met the requirements for, and been 
granted, a Hong Kong Special Administrative Region Passport, a British 
National Overseas Passport, a British Overseas Citizen Passport, a Hong 
Kong Permanent Identity card, or a Hong Kong Special Administrative 
Region (HKSAR) Document of Identity for Visa Purposes.

DATES: DED and employment authorization for noncitizens covered under 
DED for Hong Kong is effective from August 5, 2021 through February 5, 
2023. The procedures for employment authorization in this Notice apply 
only to noncitizens who are Hong Kong residents, who are present in the 
United States as of August 5, 2021, and who meet other eligibility 
criteria for DED described below.

FOR FURTHER INFORMATION CONTACT: You may contact Andria Strano, Acting 
Division Chief, Office of Policy and Strategy, U.S. Citizenship and 
Immigration Services, Department of Homeland Security, by mail at 5900 
Capital Gateway Drive, Camp Springs, MD 20746, or by phone at 800-375-
5283.

ADDRESSES: 
     For further information on DED, including additional 
information on eligibility, please visit the USCIS DED web page at 
uscis.gov/humanitarian/deferred-enforced-departure. You can find 
specific information about DED for Hong Kong by selecting ``DED Granted 
Region: Hong Kong'' from the menu on the left of the DED web page.
     If you have additional questions about DED, please visit 
uscis.gov/tools. Our online virtual assistant, Emma, can answer many of 
your questions and point you to additional information on our website. 
If you are unable to find your answers there, you may also call our 
USCIS Contact Center at 800-375-5283 (TTY 800-767-1833).
     Applicants seeking information about the status of their 
individual cases may check Case Status Online, available on the USCIS 
website at uscis.gov, or visit the USCIS Contact Center at uscis.gov/contactcenter.
     Further information will also be available at local USCIS 
offices upon publication of this Notice.

SUPPLEMENTARY INFORMATION:

Table of Abbreviations

CFR--Code of Federal Regulations
DED--Deferred Enforced Departure
DHS--U.S. Department of Homeland Security
EAD--Employment Authorization Document
FNC--Final Non-confirmation
Form I-765--Application for Employment Authorization
Form I-9--Employment Eligibility Verification
Form I-912--Request for Fee Waiver
FR--Federal Register
Government--U.S. Government
IER--U.S. Department of Justice Civil Rights Division, Immigrant and 
Employee Rights Section
SAVE--USCIS Systematic Alien Verification for Entitlements Program
Secretary--Secretary of Homeland Security
TNC--Tentative Non-confirmation
TPS--Temporary Protected Status
TTY--Text Telephone
USCIS--U.S. Citizenship and Immigration Services
U.S.C.--United States Code

Purpose of This Action

    Pursuant to the President's constitutional authority to conduct the 
foreign relations of the United States, President Biden has concluded 
that foreign policy considerations warrant implementing DED for Hong 
Kong through February 5, 2023.\1\ Through this Notice, as directed by 
the President, DHS is establishing procedures for individuals covered 
by DED for Hong Kong to apply for employment authorization through 
February 5, 2023.
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    \1\ See Presidential Memorandum for the Secretary of State and 
the Secretary of Homeland Security on the Deferred Enforced 
Departure for Certain Hong Kong Residents August 5, 2021, available 
at https://www.whitehouse.gov/briefing-room/statements-releases/2021/08/05/memorandum-on-the-deferred-enforced-departure-for-certain-hong-kong-residents/.
---------------------------------------------------------------------------

What is Deferred Enforced Departure (DED)?

     DED is an administrative stay of removal ordered by the 
President. The authority to grant DED arises from the President's 
constitutional authority to conduct the foreign relations of the United 
States. The President can authorize DED for any reason related to this 
authority. DED has been authorized in situations where foreign 
nationals or other groups of noncitizens may face danger if required to 
return to countries or any part of such foreign countries experiencing 
political instability, conflict, or other unsafe conditions, or when 
there are other foreign policy reasons for allowing a designated group 
of noncitizens to remain in the United States.
     Although DED is not a specific immigration status, 
individuals covered by DED are not subject to removal from the United 
States, usually for a designated period of time. Furthermore, the 
President may direct that certain benefits, such as employment 
authorization or travel authorization, be available to the noncitizens 
covered by the DED directive.
     If the President provides for employment or travel 
authorization, USCIS administers those benefits. USCIS publishes a 
Federal Register notice to instruct the covered population on how to 
apply for any benefits provided.
     The President issues directives regarding DED and who is 
covered via presidential memorandum. The qualification requirements for 
individuals who are covered under DED are based on the terms of the 
President's directive regarding DED and any relevant implementing 
requirements established by DHS. Since DED is a directive not to remove 
particular individuals, rather than a specific immigration status like 
Temporary Protected Status (TPS), there is no DED application form 
required to obtain DED coverage.

[[Page 58297]]

    The Presidential Memorandum ordering DED for Hong Kong can be found 
at: https://www.whitehouse.gov/briefing-room/statements-releases/2021/08/05/memorandum-on-the-deferred-enforced-departure-for-certain-hong-kong-residents/.

Ur M. Jaddou,
Director, U.S. Citizenship and Immigration Services.

Eligibility and Employment Authorization for DED

How will I know if I am eligible for employment authorization under the 
DED Presidential Memorandum for Hong Kong?

    The procedures for employment authorization in this Notice apply 
only to non-U.S. citizens who are Hong Kong residents (regardless of 
their country of birth), who are present in the United States as of 
August 5, 2021, except for noncitizens:
     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 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));
     who 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));
     who are subject to extradition;
     whose presence in the United States the Secretary has 
determined 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.

What will I need to file if I am covered by DED and would like to 
obtain employment authorization?

    If you are covered under DED for Hong Kong and would like to work 
on a DED-related EAD, you must apply for an EAD by filing an 
Application for Employment Authorization (Form I-765). Please carefully 
follow the Form I-765 instructions when completing the application for 
an EAD. When filing the Form I-765, you must:
     Indicate that you are eligible for DED by entering 
``(a)(11)'' in response to Question 27 on the Form I-765; and
     Submit the fee for the Form I-765 (or request a fee 
waiver).
    The regulations require individuals covered under DED who request 
an EAD to pay the fee prescribed in 8 CFR 103.7 for the Form I-765. See 
also 8 CFR 274a.12(a)(11) (employment authorization for DED-covered 
individuals); and 8 CFR 274a.13(a) (requirement to file EAD application 
if EAD desired). If you are unable to pay the fee, you may request a 
fee waiver by completing a Request for Fee Waiver (Form I-912).

Supporting Documentation

    The filing instructions on Form I-765 list all the documents 
needed. You may also find information on the initial required documents 
on the USCIS website at https://www.uscis.gov/i-765. If USCIS 
determines after reviewing your submission that it needs additional 
information, it will issue you a Request for Evidence (RFE).

How will I know if USCIS will need to obtain biometrics?

    If biometrics are required to produce your EAD, you will be 
notified by USCIS and scheduled for an appointment at a USCIS 
Application Support Center.

Where do I submit my completed DED-based application for employment 
authorization (Form I-765)?

    For DED, mail your completed Form I-765 and supporting 
documentation to the proper address in Table 1 below.

                       Table 1--Mailing Addresses
------------------------------------------------------------------------
                If . . .                          Mail to . . .
------------------------------------------------------------------------
You are applying through the U.S.        USCIS, Attn: DED Hong Kong,
 Postal Service.                          P.O. Box 805283, Chicago, IL
                                          60680-5283.
You are using FedEx, UPS, or DHL.......  USCIS, Attn: DED Hong Kong,
                                          (Box 805283), 131 South
                                          Dearborn--3rd Floor, Chicago,
                                          IL 60603-5517.
------------------------------------------------------------------------

Can I file my DED-based Form I-765 electronically?

    No. Electronic filing is not available when filing Form I-765 based 
on DED.

What happens after February 5, 2023, for purposes of DED-based 
employment authorization?

    This DED authorization is set to end on February 5, 2023. After 
that date, employers can no longer accept EADs with a category code of 
A11 and a February 5, 2023, expiration date, and employees will need to 
present other evidence of continued work authorization.

Travel

    In its discretion, DHS may provide travel authorization as a 
benefit of DED for eligible Hong Kong residents. You must file for 
advance parole if you wish to travel outside the United States. Advance 
parole gives you permission to leave the United States and return 
during a specified period. To request advance parole, you must file 
Form I-131, Application for Travel Document, available at 
www.uscis.gov/i-131. You may file Form I-131 with Form I-765 or 
separately. When filing the Form I-131, you must:
     Select Item Number 1.d. in Part 2 on the Form I-131; and
     Submit the fee for the Form I-131.
    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. Please also be advised that if you return 
to Hong Kong or the PRC, you may not be permitted to resume DED in the 
United States since the presidential memorandum providing for DED for 
certain Hong Kong residents excludes individuals who have voluntarily 
returned to Hong Kong or the PRC after August 5, 2021.\2\
---------------------------------------------------------------------------

    \2\ Ibid.
---------------------------------------------------------------------------

Mailing Information

    Mail your application for Form I-131 to the proper address in Table 
1.

Supporting Documentation

    The filing instructions on Form I-131 list all the documents 
needed. You may also find information on the acceptable documentation 
and DED eligibility on the USCIS website at www.uscis.gov/humanitarian/deferred-enforced-departure. If USCIS needs additional evidence, it 
will issue you an RFE.

General Employment-Related Information for Individuals With DED-Based 
Employment Authorization and Their Employers

How can I obtain information on the status of my EAD request?

    To get case status information about your DED-based EAD request, 
you can check Case Status Online at uscis.gov, or visit the USCIS 
Contact Center at uscis.gov/contactcenter. If your Form I-765 has been 
pending for more than 90 days, and you still need assistance, you may 
ask a question about your case online at egov.uscis.gov/e-request/

[[Page 58298]]

Intro.do or call the USCIS Contact Center at 800-375-5283 (TTY 800-767-
1833).

When hired, what documentation may I show to my employer as evidence of 
identity and employment authorization when completing Form I-9?

    You can find the Lists of Acceptable Documents on the third page of 
Form I-9, Employment Eligibility Verification, as well as the 
Acceptable Documents web page at uscis.gov/i-9-central/acceptable-documents. Employers must complete Form I-9 to verify the identity and 
employment authorization of all new employees hired after November 6, 
1986. Within three business days of hire, employees must present 
acceptable document(s) to their employers as evidence of identity and 
employment authorization to satisfy Form I-9 requirements and employers 
must complete Section 2 of the Form I-9. For employment that will last 
less than three days, Section 2 of the Form I-9 must be completed no 
later than the first day of work for pay.
    You may present any documentation from List A (which provides 
evidence of both identity and employment authorization) or 
documentation from List B (which provides evidence of your identity) 
together with documentation from List C (which provides evidence of 
employment authorization), or where applicable you may present an 
acceptable receipt. Receipts may not be accepted if employment will 
last less than three days. Additional information on receipts is 
available at www.uscis.gov/i-9-central/form-i-9-acceptable-documents/receipts. Employers may not reject a document based on a future 
expiration date. You can find additional information about Form I-9 on 
the I-9 Central web page at uscis.gov/I-9Central. An EAD is an 
acceptable document under List A.

If I have an EAD based on another immigration status, can I obtain a 
new DED-based EAD?

    Yes, if you are eligible for DED, you can obtain a new EAD, 
regardless of whether you have an EAD based on another immigration 
status. If you want to obtain a DED-based EAD valid through February 5, 
2023, then you must file Form I-765 and pay the associated fee.

Can my employer require that I provide any other documentation to prove 
my status, such as proof of my Hong Kong residency?

    No. When completing Form I-9, employers must accept any 
documentation that appears on the Form I-9 Lists of Acceptable 
Documents that reasonably appears to be genuine and that relates to 
you, or an acceptable List A, List B, or List C receipt. Employers need 
not reverify List B identity documents. Therefore, employers may not 
request proof of Hong Kong residency when completing Form I-9 for new 
hires or reverifying the employment authorization of current employees. 
Refer to the ``Note to Employees'' section of this Federal Register 
notice for important information about your rights if your employer 
rejects lawful documentation, requires additional documentation, or 
otherwise discriminates against you based on your citizenship or 
immigration status, or your national origin.

Note to All Employers

    Employers are reminded that the laws requiring proper employment 
eligibility verification and prohibiting unfair immigration-related 
employment practices remain in full force. This Federal Register notice 
does not supersede or in any way limit applicable employment 
verification rules and policy guidance, including those rules setting 
forth reverification requirements. For general questions about the 
employment eligibility verification process, employers may call USCIS 
at 888-464-4218 (TTY 877-875-6028) or email USCIS at [email protected]. USCIS accepts calls and emails in English and many 
other languages. For questions about avoiding discrimination during the 
employment eligibility verification process (Form I-9 and E-Verify), 
employers may call the U.S. Department of Justice, Civil Rights 
Division, Immigrant and Employee Rights Section (IER) Employer Hotline 
at 800-255-8155 (TTY 800-237-2515). IER offers language interpretation 
in numerous languages. Employers may also email IER at [email protected].

Note to Employees

    For general questions about the employment eligibility verification 
process, employees may call USCIS at 888-897-7781 (TTY 877-875-6028) or 
email USCIS at [email protected]. USCIS accepts calls in English, 
Spanish and many other languages. Employees or applicants may also call 
the IER Worker Hotline at 800-255-7688 (TTY 800-237-2515) for 
information regarding employment discrimination based upon citizenship, 
immigration status, or national origin, including discrimination 
related to Form I-9 and E-Verify. The IER Worker Hotline provides 
language interpretation in numerous languages.
    To comply with the law, employers must accept any document or 
combination of documents from the Lists of Acceptable Documents if the 
documentation reasonably appears to be genuine and to relate to the 
employee, or an acceptable List A, List B, or List C receipt. Employers 
may not require extra or additional documentation beyond what is 
required for Form I-9 completion. Further, employers participating in 
E-Verify who receive an E-Verify case result of Tentative Non-
confirmation (TNC) must promptly inform employees of the TNC and give 
such employees an opportunity to contest the TNC. A TNC case result 
means that the information entered into E-Verify from Form I-9 differs 
from records available to DHS.
    Employers may not terminate, suspend, delay training, withhold or 
lower pay, or take any adverse action against an employee because of 
the TNC while the case is still pending with E-Verify. A Final Non-
confirmation (FNC) case result is received when E-Verify cannot confirm 
an employee's employment eligibility. An employer may terminate 
employment based on a case result of FNC. Work-authorized employees who 
receive an FNC may call USCIS for assistance at 888-897-7781 (TTY 877-
875-6028). For more information about E-Verify-related discrimination 
or to report an employer for discrimination in the E-Verify process 
based on citizenship, immigration status, or national origin, contact 
IER's Worker Hotline at 800-255-7688 (TTY 800-237-2515). Additional 
information about proper nondiscriminatory Form I-9 and E-Verify 
procedures is available on the IER website at justice.gov/ier and the 
USCIS and E-Verify websites at uscis.gov/i-9-central and e-verify.gov.

Note Regarding Federal, State, and Local Government Agencies (Such as 
Departments of Motor Vehicles)

    For Federal purposes, individuals may present their A11 EAD to show 
they are covered by DED. However, while Federal Government agencies 
must follow the guidelines laid out by the Federal Government, state 
and local government agencies establish their own rules and guidelines 
when granting certain benefits. Each state may have different laws, 
requirements, and determinations about what documents you need to 
provide to prove eligibility for certain benefits. Whether you are 
applying for a Federal, state, or local government benefit, you may 
need to provide the government agency your A11 EAD or other DHS-issued 
documentation showing you are covered

[[Page 58299]]

under DED and/or showing you are authorized to work based on DED. Check 
with the government agency regarding which documentation the agency 
will accept.
    Some benefit-granting agencies use the Systematic Alien 
Verification for Entitlements (SAVE) program to confirm the current 
immigration status of applicants for public benefits. SAVE can verify 
when an individual has DED based on the documentation above. In most 
cases, SAVE provides an automated electronic response to benefit-
granting agencies within seconds, but occasionally verification can be 
delayed. You can check the status of your SAVE verification by using 
CaseCheck at uscis.gov/save/save-casecheck, then by clicking the 
``Check Your Case'' button. CaseCheck is a free service that lets you 
follow the progress of your SAVE verification using your date of birth 
and SAVE verification case number or an immigration identifier number 
that you provided to the benefit-granting agency. If an agency has 
denied your application based solely or in part on a SAVE response, the 
agency must offer you the opportunity to appeal the decision in 
accordance with the agency's procedures. If the agency has received and 
acted on or will act on a SAVE verification and you do not believe the 
response is correct, find detailed information on how to make 
corrections or update your immigration record, make an appointment, or 
submit a written request to correct records on the SAVE website at 
www.uscis.gov/save.

[FR Doc. 2021-23012 Filed 10-20-21; 8:45 am]
BILLING CODE 9111-97-P
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