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Notice

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

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Document Details

Document Number2024-24229
TypeNotice
PublishedOct 18, 2024
Effective Date-
RIN1615-ZC10
Docket IDCIS No. 2782-24
Text FetchedYes

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Full Document Text (3,454 words · ~18 min read)

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<NOTICE> DEPARTMENT OF HOMELAND SECURITY <SUBAGY>U.S. Citizenship and Immigration Services</SUBAGY> <DEPDOC>[CIS No. 2782-24; DHS Docket No. USCIS-2024-0013]</DEPDOC> <RIN>RIN 1615-ZC10</RIN> <SUBJECT>Implementation of Employment Authorization for Individuals Covered by Deferred Enforced Departure for Lebanon</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> U.S. Citizenship and Immigration Services (USCIS), Department of Homeland Security (DHS). <HD SOURCE="HED">ACTION:</HD> Notice of Employment Authorization for Individuals Covered by Deferred Enforced Departure (DED). <SUM> <HD SOURCE="HED">SUMMARY:</HD> On July 26, 2024, President Joseph Biden issued a memorandum to the Secretary of State and the Secretary of Homeland Security (Secretary) determining that it was in the foreign policy interest of the United States to defer for 18 months through January 25, 2026, the removal of certain Lebanese nationals present in the United States and to provide them with employment authorization documentation. The memorandum directed the Secretary to make provision for immediate allowance of employment authorization for such individuals. This notice provides information about Deferred Enforced Departure (DED) for Lebanese nationals and provides information on how eligible individuals may apply for DED-based Employment Authorization Documents (EADs) with USCIS, as well as for travel authorization. </SUM> <DATES> <HD SOURCE="HED">DATES:</HD> DED for eligible Lebanese noncitizens covered by this notice began on July 26, 2024 and ends on January 25, 2026. </DATES> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> • You may contact Rená Cutlip-Mason, Chief, Humanitarian Affairs Division, 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 240-721-3000. • For further information on DED, including additional information on eligibility, please visit the USCIS DED web page at <E T="03">https://www.uscis.gov/humanitarian/deferred-enforced-departure.</E> You can find specific information about DED for Lebanon by selecting “DED Covered Country—Lebanon” from the menu on the left of the DED web page. • If you have additional questions about DED, please visit <E T="03">https://www.uscis.gov/tools.</E> 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 Form I-765, Application for Employment Authorization, or Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records, may check Case Status Online, available on the USCIS website at <E T="03">https://www.uscis.gov,</E> or visit the USCIS Contact Center at <E T="03">https://www.uscis.gov/contactcenter.</E> • You can also find more information at local USCIS offices, listed on the USCIS website at <E T="03">https://www.uscis.gov/about-us/find-a-uscis-office,</E> after this notice is published. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">Table of Abbreviations </HD> <EXTRACT> <FP SOURCE="FP-1">CFR—Code of Federal Regulations</FP> <FP SOURCE="FP-1">DED—Deferred Enforced Departure</FP> <FP SOURCE="FP-1">DHS—U.S. Department of Homeland Security</FP> <FP SOURCE="FP-1">DoS—Department of State</FP> <FP SOURCE="FP-1">EAD—Employment Authorization Document</FP> <FP SOURCE="FP-1">FNC—Final Non-confirmation</FP> <FP SOURCE="FP-1">Form I-131—Application for Travel Documents, Parole Documents, and Arrival/Departure Records</FP> <FP SOURCE="FP-1">Form I-765—Application for Employment Authorization</FP> <FP SOURCE="FP-1">Form I-797—Notice of Action</FP> <FP SOURCE="FP-1">Form I-9—Employment Eligibility Verification</FP> <FP SOURCE="FP-1">Form I-912—Request for Fee Waiver</FP> <FP SOURCE="FP-1">Form I-94—Arrival/Departure Record</FP> <FP SOURCE="FP-1">FR—Federal Register</FP> <FP SOURCE="FP-1">Government—U.S. Government</FP> <FP SOURCE="FP-1">IER—U.S. Department of Justice, Civil Rights Division, Immigrant and Employee Rights Section</FP> <FP SOURCE="FP-1">INA—Immigration and Nationality Act</FP> <FP SOURCE="FP-1">SAVE—USCIS Systematic Alien Verification for Entitlements Program</FP> <FP SOURCE="FP-1">Secretary—Secretary of Homeland Security</FP> <FP SOURCE="FP-1">TTY—Text Telephone</FP> <FP SOURCE="FP-1">USCIS—U.S. Citizenship and Immigration Services</FP> <FP SOURCE="FP-1">U.S.C.—United States Code</FP> </EXTRACT> <HD SOURCE="HD1">Purpose of This Action</HD> 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. <SU>1</SU> <FTREF/> 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. <FTNT> <SU>1</SU>   <E T="03">See Memorandum on the Deferred Enforced Departure for Certain Lebanese Nationals,</E> 89 FR 61341, July 26, 2024, <E T="03">https://www.federalregister.gov/documents/2024/07/31/2024-17006/deferred-enforced-departure-for-certain-lebanese-nationals.</E> </FTNT> <HD SOURCE="HD1">What is Deferred Enforced Departure (DED)?</HD> • 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 a <E T="04">Federal Register</E> notice to inform the covered population on how to apply for any benefits provided. <E T="03">See</E> instructions for Form I-765, available on the USCIS website at <E T="03">https://www.uscis.gov/sites/default/files/document/forms/i-765instr.pdf.</E> • 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. <SIG> <NAME>Ur M. Jaddou,</NAME> Director, U.S. Citizenship and Immigration Services. </SIG> <HD SOURCE="HD1">Eligibility and Employment Authorization for DED</HD> <HD SOURCE="HD1">How will I know if I am eligible for employment authorization under the DED presidential memorandum for Lebanon?</HD> Consistent with the President's July 26, 2024, DED memorandum, <SU>2</SU> <FTREF/> 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: <FTNT> <SU>2</SU>   <E T="03">Id.</E> </FTNT> • 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 i ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 25k characters. 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