The U.S. Citizenship and Immigration Services (USCIS) recently posted a Federal Register notice creating procedures governing Employment Authorization Documents (EADs) for Palestinians covered by Deferred Enforced Departure (DED). These procedures describe how beneficiaries may apply for EADs, which will remain valid through August 13, 2025.

The White House released a memorandum on DED for Palestinians on February 14, 2024. This memorandum deferred the removal of qualifying individuals through August 13, 2025. It includes all Palestinians present in the U.S. at the time of the announcement but excludes all individuals arriving after this date. As such, the Department of Homeland Security must authorize employment for those eligible for DED and ease regulations governing employment for Palestinian F-1 students.

DED does not create an immigration status or require individuals to apply with the USCIS. However, they may have to apply for other benefits, such as employment authorization. When completing the employment eligibility verification (Form I-9) process, individuals must provide eligible supporting documentation as proof of their work authorization. This new Federal Register notice outlines how qualified individuals may acquire such documentation.

Palestinians covered by DED who want an EAD under these regulations must file an Application for Employment Authorization (Form I-765). The form outlines what supporting documents qualify, allowing interested individuals to prepare accordingly. Once filed, the USCIS will evaluate claims for DED-based employment authorization. The agency does so by considering Palestinian Authority Passports, IDs, Birth Certificates, and many others that could establish an individual’s identity as Palestinian.

Anyone submitting Form I-765 based on DED should indicate so on the form. They must specifically express their eligibility under Question 27 by entering (a)(11). If the USCIS approves the application, individuals will receive an EAD with a Category Code of A11 and an expiration date of August 13, 2025. 

EADs with a photograph are a List A document that can prove one’s identity and work authorization for Form I-9. Employers will only need to reverify employment authorization before the employee starts working on August 14, 2025. At this point, individuals must provide other evidence of continued employment authorization.

Maintaining compliance with Form I-9 regulations has proven more challenging every year. These struggles are because the process undergoes frequent changes, leaving many questioning what still applies and what does not. One way to stay updated is to use an electronic I-9 management tool. This tool offers step-by-step guidance, a fully digitized storage space, and convenient reminders of when to take action. Employers using the federal government’s E-Verify may also get the optional E-Verify integration.

When it comes to your employees, automation makes eligibility verification quick and simple. Ensure compliance today with I-9 Compliance.

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