Implementation of Employment Authorization for Individuals Covered by Deferred Enforced Departure for Lebanon

SUPPLEMENTARY INFORMATION:

Table of Abbreviations

CFR—Code of Federal Regulations

DED—Deferred Enforced Departure

DHS—U.S. Department of Homeland Security

DoS—Department of State

EAD—Employment Authorization Document

FNC—Final Non-confirmation

Form I-131—Application for Travel Documents, Parole Documents, and Arrival/Departure Records

Form I-765—Application for Employment Authorization

Form I-797—Notice of Action

Form I-9—Employment Eligibility Verification

Form I-912—Request for Fee Waiver

Form I-94—Arrival/Departure Record

FR—Federal Register

Government—U.S. Government

IER—U.S. Department of Justice, Civil Rights Division, Immigrant and Employee Rights Section

INA—Immigration and Nationality Act

SAVE—USCIS Systematic Alien Verification for Entitlements Program

Secretary—Secretary of Homeland Security

TTY—Text Telephone

USCIS—U.S. Citizenship and Immigration Services

U.S.C.—United States Code

Purpose of This Action

Under the President's constitutional authority to conduct the foreign relations of the United States, President Biden has determined that it is in the foreign policy interest of the United States to defer through January 25, 2026, the removal of certain Lebanese nationals who have resided in the United States since July 26, 2024. Humanitarian conditions in southern Lebanon have significantly deteriorated leaving Lebanese civilians in danger. Through this Notice, as directed by the President, DHS is establishing procedures for certain Lebanese nationals covered by DED to apply for EADs valid through January 25, 2026. Employment authorization and the procedures for obtaining EADs in this notice apply to any of the following individuals who are not subject to any of the ineligibilities described in President Biden's July 26, 2024 memorandum to the secretaries of State and Homeland Security: noncitizens of the United States who are nationals of Lebanon, regardless of country of birth, who have resided in the United States since July 26, 2024. Lebanese nationals must meet all eligibility criteria, including required documentation, for DED described in this notice. Finally, this notice provides instructions for eligible Lebanese nationals in the United States on how to request advance travel authorization.

What is Deferred Enforced Departure (DED)?

• DED is an administrative deferral of removal ordered by the President. The authority to extend DED arises from the President's constitutional authority to conduct the foreign relations of the United States. DED has been authorized in situations where certain groups of noncitizens may face danger if required to return to countries, or any part of such 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 temporarily.
• Although DED is not a specific immigration status and does not require Lebanese nationals to file an application with USCIS, individuals covered by DED are not subject to removal from the United States, usually for a designated period. Furthermore, the President may direct the Secretary to provide certain benefits that are authorized under the immigration laws, such as employment authorization, to noncitizens covered by the DED directive during the designated period.
• USCIS publishes aFederal Register notice to inform the covered population on how to apply for any benefits provided. See instructions for Form I-765, available on the USCIS website at https://www.uscis.gov/sites/default/files/document/forms/i-765instr.pdf.
• The eligibility requirements for individuals who are covered by DED are based on the terms of the President's memorandum regarding DED and any relevant implementing requirements established by DHS. Since DED is a directive to defer removal of an individual, rather than a specific immigration status like Temporary Protected Status, there is no DED application form required for an individual to be covered by DED. If an individual covered by DED wants to apply for an EAD, they must file Form I-765. Similarly, if an individual covered by DED want to apply for advance travel authorization, they must file Form I-131.

Eligibility and Employment Authorization for DED

How will I know if I am eligible for employment authorization under the DED presidential memorandum for Lebanon?

Consistent with the President's July 26, 2024, DED memorandum, the procedures for employment authorization in this notice apply to noncitizens of the United States who are nationals of Lebanon, who were present in the United States on July 26, 2024, except for those:

• who have voluntarily returned to Lebanon after the date of the memorandum;
• who have not continuously resided in the United States since the date of the memorandum;
• 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 any of 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 of Homeland Security 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 an EAD?

If you are a Lebanese national covered by DED and want a DED-based EAD, you must file Form I-765. Please carefully follow the Form I-765 instructions when completing the application for an EAD. When filing Form I-765, you must:

• Indicate that you are eligible for DED by entering “(a)(11)” in response to Question 27 on Form I-765; and
• Submit the fee for Form I-765 (or request a fee waiver, which you may submit on Form I-912, Request for Fee Waiver). See Fee Schedule (Form G-1055).

Supporting Documentation

The filing instructions on Form I-765 list all the documents needed to apply. 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, we will send you a request for evidence.

How will I know if I must submit my biometrics to USCIS?

If USCIS needs biometrics to produce your EAD after you apply, we will send you a biometrics services appointment notice with the time and location of your appointment. You can prepare for your biometrics appointment by visiting the Preparing for Your Biometric Services Appointment web page at https://www.uscis.gov/forms/filing-guidance/preparing-for-your-biometric-services-appointment. Be sure to bring valid photo identification to your appointment.

Where do I find the fees for DED applicants?

You can find the most current filing fees for individuals covered by DED filing Form I-765 and Form I-131 by visiting the Form G-1055, Fee Schedule at https://www.uscis.gov/g-1055. No biometrics fees are required when you file.

Where do I submit my completed DED-based Form I-765?

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