Extension of Protection for Eligible Liberians

liberia, flag, national flag

  • On September 23, 2024, U.S. Citizenship and Immigration Services (USCIS) has announced an extension of the Deferred Enforced Departure (DED) program for Eligible Liberians in the U.S. until June 30, 2025.

Automatic Extension of Continued Employment Authorization

  • There will be an Automatic Extension until June 30, 2026 of the Employment Authorization Documents with expiration dates March 30, 2020, January 10, 2021, June 30, 2022, or June 30, 2024. The extension and expansion of Deferred Enforced Departure (DED) for Liberian nationals in the United States are based on what homeland security determines in legal memos, outlining the criteria and implications for individuals eligible for DED and their right to employment authorization.

Key Dates

DED Extension Period: June 28, 2024 – June 30, 2026.

Automatic EAD Extension: DED-related EADs with expiration dates of March 30, 2020, January 10, 2021, June 30, 2022, or June 30, 2024 are automatically extended until June 30, 2026.

For those not eligible for automatic extension of work authorization, they can can now apply for Employment Authorization Documents (EADs) good through June 30, 2026. This follows a June 28, 2024 memo from President Biden extending DED for eligible Liberians until that date.

Eligibility for DED and EADs

  • For this: Nationals of Liberia or individuals with no nationality who last resided in Liberia must have been in the U.S. since May 20, 2017 and were granted DED under the 2022 memo.
  • Note: There is no application process for DED. Those who are covered are automatically eligible based on the presidential directive.

Ineligible Individuals: This does not apply to:

  • Those excluded under INA 244(c)(2)(B).Those who had their LRIF application denied.Those who have been outside the U.S. for 180 days or more since their initial DED coverage.Those who pose security concerns or potential adverse foreign policy consequences, as determined by the Secretary of Homeland Security or the Secretary of State.

DED for Liberians: Key Points

  • No New DED Application Required: DED for eligible Liberians is automatic based on continuous U.S. presence and eligibility as per the June 2024 memo.USCIS EAD Processing Improvements: USCIS has streamlined the process to reduce EAD wait times. Each application is reviewed on a case by case basis to ensure fair and humane adjudication.

Step-by-Step Application Guide for Employment Authorization

  • 1. DED-Based EADForm: I-765DED Eligibility: On Form I-765, check (a)(11) in Question 27 to indicate DED eligibility.Fee: Pay the fee or submit a Fee Waiver Request (Form I-912) if eligible. See current fees on the USCIS website.Supporting Documents: Follow the instructions on Form I-765 to make sure you provide all required documents. If additional information is needed, USCIS will request it.2. BiometricsIf biometrics are required for EAD processing, you will receive an appointment notice with the time, location and what to bring.

Travel for DED-Covered Individuals

Liberians under DED can apply for travel authorization to travel and reenter the U.S. under certain conditions.

Form: I-131

Travel Authorization: Granted at DHS discretion, this is required if you want to travel without jeopardizing your DED status.

Important:

Travel to Liberia or be outside the U.S. for 180 days or more may terminate your DED.  File this well in advance of any planned travel.

Where to File

Mailing Address: File Form I-765 and Form I-131 (if applying for travel authorization) to:

USPS:

USCIS

Attn: DED Liberia

P.O. Box 805283

Chicago, IL 60680-5283.

Other Couriers (FedEx, UPS, DHL):

USCIS

Attn: DED Liberia

131 S Dearborn Street

3rd Floor, Chicago, IL 60603-5517.

Separate Payments: USCIS recommends filing separate payments for multiple applications to avoid rejection if one form is incomplete or incorrect.

  • ayments for multiple applications to avoid rejection if one form is incomplete or incorrect.interview, business, recruitment

Employers and Employees

Using an EAD as Employment Authorization
Employers must complete Form I-9, Employment Eligibility Verification, to verify identity and employment authorization. A DED-based EAD with (a)(11) is acceptable as proof of both identity and employment authorization for Form I-9.

Prohibited Practices
Employers cannot request additional documentation beyond what is required for Form I-9 or discriminate based on citizenship or national origin. Employees can contact the Immigrant and Employee Rights Section (IER) for questions or to report discrimination.

For E-Verify Employers: E-Verify employers must follow guidelines for tentative nonconfirmation (mismatch) results and allow employees to resolve any mismatches before terminating employment based on verification status.

Note for Federal, State and Local Government Benefit Applications. If applying for government benefits, individuals with DED-based EADs may need to provide additional documentation to prove eligibility. Many agencies use the SAVE program to check DED status.

  • For Questions about DED Eligibility and More Information Visit the USCIS DED for Liberia webpage for DED eligibility and benefits information.

June 28, 2024 Memo by President Biden

Deferred Enforced Departure (DED) for Liberians

Background and Legislation

The U.S. has protected Liberians since 1991 through temporary protected status (TPS) and Deferred Enforced Departure (DED), allowing eligible Liberians to stay and work in the U.S. During this time, legislation like the Liberian Refugee Immigration Fairness (LRIF) provision of the National Defense Authorization Act for Fiscal Year 2020 allowed many Liberians and their families to apply for lawful permanent resident (LPR) status if they had been continuously present in the U.S. since November 20, 2014.

  • The LRIF application process had initial issues so the deadline was extended under the Consolidated Appropriations Act, 2021. To maintain eligibility and employment authorization, previous DED extensions were issued, including one in 2022 which expanded DED to Liberians who had been continuously present in the U.S. since May 20, 2017.

Current Extension and Employment Authorization

  • This 2024 memo extends DED and work authorization for Liberians covered under the 2022 memo until June 30, 2026.

Eligibility for DED extension

  • To be eligible under this memo, individuals must:Be a national of Liberia or a person without nationality who last habitually resided in Liberia.Have been continuously present in the U.S. since May 20, 2017.

Exclusions

  • DED and employment authorization under this memo does not apply to:Individuals not eligible for TPS under section 244(c)(2)(B) of the Immigration and Nationality Act.Individuals denied LPR status under the LRIF provision.Individuals deemed a threat to U.S. interests by the Secretary of Homeland Security.Individuals who pose foreign policy risks according to the Secretary of State.Individuals who have been outside the U.S. to Liberia (or habitual residence) for 180 days or more.Individuals who are subject to extradition.
  • This is in line with U.S. foreign policy by continuing to support Liberians who need stability and security.Deferred Enforced Departure (DED) for Liberians, Lebanese, Palestinians, and Hong Kong Residents

What is Deferred Enforced Departure (DED)

  • Deferred Enforced Departure (DED) is a discretionary policy used by the President to delay the removal of certain groups based on foreign policy reasons. Official communications and memoranda issued by President Biden direct the secretaries of state and homeland security to implement policies that defer removal for eligible individuals and provide them with employment authorization. It does not grant a specific immigration status but allows designated individuals to stay in the U.S. without fear of removal for a certain period of time as determined by presidential memos.

Current DED Authorizations and Eligibility

  • Lebanon

Date: July 26, 2024

Until: January 25, 2026

Employment Authorization: Apply; no automatic extension

  • Liberia

Date: October 1, 2007

Until: June 30, 2026

EAD: Automatic extension until June 30, 2026

  • Hong Kong

Date: August 5, 2021

Until: February 5, 2025

EAD: Automatic extension until February 5, 2025

  • Palestinian NationalsDate: February 14, 2024Until: August 13, 2025EAD: Automatic extension until August 13, 2025

Eligibility for DED

  • Eligibility for DED varies by presidential memo. Each memo defines who is eligible for DED and lists exceptions such as individuals who are not eligible due to criminal records or specific security concerns.
  • Working in the U.S. under DEDEmployment Authorization: If employment authorization is part of the DED benefits for a country, eligible individuals can apply for an Employment Authorization Document (EAD) by filing Form I-765. This will allow them to work in the U.S. during the DED period.
  • Automatic EAD Extensions:
    In some cases, the Department of Homeland Security (DHS) will automatically extend expiring EADs to give time to process new EADs. DHS will publish a notice in the Federal Register announcing automatic EAD extensions including the expiration dates. Employees can show their expired DED-related EAD along with the Federal Register notice to the employer as proof of work eligibility.

Employers and Employees

  • For DED employment authorization questions:USCIS Form I-9 Support: 888-464-4218U.S. Department of Justice, Immigrant and Employee Rights (IER) Section Employer Hotline: 800-255-8155IER Worker Hotline (for employees): 800-255-7688

Travel Authorization for DED Beneficiaries

  • If DHS grants travel authorization as part of DED, eligible individuals must apply for advance parole before traveling outside the U.S. Advance parole allows temporary reentry during a specific period and is required for DED holders who want to travel.Travel Guidelines:Application for Advance Parole: File Form I-131 (Application for Travel Document).What if I Exit Without Advance Parole: Exiting the U.S. without advance parole will result in loss of DED eligibility and denial of reentry.

Understanding Deferred Enforced Departure (DED)

  • Deferred Enforced Departure (DED) is a program that allows certain individuals to remain in the United States for a designated period of time, despite being subject to removal. Authorized by the President of the United States, DED is typically granted to individuals from countries experiencing conflict, civil unrest, or other extraordinary and temporary conditions.
  • For Liberian nationals, DED has been extended and expanded to provide protection and employment authorization, ensuring they can continue to live and work in the U.S. without fear of removal. This extension underscores the U.S. commitment to supporting eligible Liberian nationals during times of instability in their home country.

Application and Renewal Process

  • To apply for DED, eligible Liberian nationals must file Form I-765, Application for Employment Authorization, with U.S. Citizenship and Immigration Services (USCIS). This application must be accompanied by supporting documentation, including proof of identity and employment authorization.
  • The filing fee for Form I-765 is $410, although a fee waiver may be requested using Form I-912 if eligible. USCIS will review the application and make a determination on eligibility for DED. If approved, the individual will receive an Employment Authorization Document (EAD) that is valid for a specified period, allowing them to work legally in the United States.important, polaroid, imprintImportant Dates and Deadlines

June 30, 2026: DED protection is available through this date for eligible Liberian nationals.

June 30, 2024: The validity of DED-related EADs bearing a Category Code of A-11 and a “Card Expires” date of March 30, 2020, January 10, 2021, or June 30, 2022, is automatically extended through this date.

May 20, 2017: Eligible Liberian nationals must have been continuously physically present in the United States since this date to be eligible for DED.

These dates are crucial for maintaining eligibility and ensuring continued employment authorization under the DED program.

Resources and Assistance for Liberians with Enforced Departure

Eligible Liberian nationals may seek assistance from various resources, including:

U.S. Citizenship and Immigration Services (USCIS): Provides information and guidance on the DED application and renewal process.

Department of Homeland Security (DHS): Responsible for implementing DED and providing employment authorization to eligible individuals.

National Immigration Law Center (NILC): Offers free or low-cost legal services to eligible Liberian nationals.

African Communities Together (ACT): Provides assistance and resources to eligible Liberian nationals, including help with the DED application process.

USCIS Contact Center: 800-375-5283 (TTY 800-767-1833).

Case Status: Check case status online.

E-Verify Support: Employers with E-Verify questions or concerns about Form I-9 discrimination can contact USCIS or IER.

EAD Fees: For DED-based EAD fees go to the USCIS website.

For more information on DED coverage, EAD application requirements and updates visit uscis.gov.

Follow USCIS on X (formerly Twitter), Instagram, YouTube, Facebook and LinkedIn.

These organizations offer valuable support to ensure that eligible Liberian nationals can navigate the DED process effectively and maintain their employment authorization. For more detailed information, individuals are encouraged to visit the respective websites or contact these organizations directly.

Conclusion

This DED is for Liberians, work authorization and travel for eligible individuals. This period of deferred removal allows Liberians and employers to continue to work until June 30, 2026 as per President Biden’s memo.For more information or to review the specific requirements and application process, see the Federal Register notices or the USCIS website.

By following these steps, DED beneficiaries can work in the U.S. and—where applicable—travel.

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