The U.S. government has issued new guidance on Deferred Enforced Departure (DED work authorization for Hong Kong residents). This update affects how employers verify work authorization through E-Verify and Form I-9. Businesses must follow these changes to remain compliant with employment laws and avoid penalties.
What Is DED and Who Qualifies?
Deferred Enforced Departure (DED) is a temporary immigration status granted at the president’s discretion. It allows certain non-U.S. citizens to stay in the United States. The U.S. government provides DED protection for humanitarian or political reasons.
In August 2021, the Biden administration granted DED to certain Hong Kong residents due to political concerns. This protection was extended in 2023, allowing eligible individuals to stay and work longer in the U.S.
How This Affects Employee Verification.
Employers must use Form I-9 and E-Verify to confirm work authorization. The updated guidance clarifies how businesses should verify eligibility for Deferred Enforced Departure (DED work authorization for Hong Kong residents)
Employees under DED can present an Employment Authorization Document (EAD) as proof of work eligibility. Expired EADs may still be valid under the automatic extension policy. Employers must follow USCIS guidelines when verifying documents.
Steps Employers Should Take.
To stay compliant with the new DED guidance, employers should take these steps:
- Review USCIS Guidelines – Check official sources for the latest DED work authorization policies.
- Verify Employee Documents – Accept EADs and automatically extended documents as valid proof of employment.
- Update I-9 Forms Properly – Record work authorization dates accurately to avoid compliance issues.
- Monitor Expiration Dates – Track document expiration and remind employees to renew work permits.
- Train HR Teams – Educate staff on immigration policies to ensure correct verification procedures.
Why Compliance Matters.
Failing to follow employee verification laws can lead to legal and financial penalties. Employers who wrongly reject valid documents may face discrimination claims. Staying informed helps businesses avoid compliance risks and support legal hiring practices.
Looking Ahead
Immigration policies continue to evolve with political changes. Employers should monitor E-Verify updates and follow USCIS announcements. Taking proactive steps will help businesses stay compliant and ensure fair employment practices.
