DED Covered Country – Venezuela
|DED Period:||Jan. 20, 2021 – July 20, 2022|
|Federal Register Notice Citation:||86 FR 13574|
On Jan. 19, 2021, former President Trump issued a memorandum to defer for 18 months the removal of any national of Venezuela, or individual without nationality who last habitually resided in Venezuela, who was present in the United States as of Jan. 20, 2021, except for those:
- Who have voluntarily returned to Venezuela or their country of last habitual residence outside the United States;
- Who have not continuously resided in the United States since Jan. 20, 2021;
- Who are inadmissible under section 212(a)(3) of the Immigration and Nationality Act (INA) (8 U.S.C. 1182(a)(3)) or removable 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 the criteria set forth in section 208(b)(2)(A) of the INA (8 U.S.C. 1158(b)(2)(A));
- Who were deported, excluded, or removed before Jan. 20, 2021;
- 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.
You are eligible for employment authorization under the DED period if you:
- Were present in the United States as of Jan. 20, 2021;
- Have continuously resided in the United States since Jan. 20, 2021; and
- Are eligible for DED.
You must provide evidence of Venezuelan nationality/identity and presence/continuous residence as of Jan. 20, 2021, along with your Form I-765 application.
Examples of documents that you can submit to establish nationality/identity include copies of any of the following:
- Birth certificate accompanied by photo identification; or
- Any national identity document from your country of origin bearing your photo and/or fingerprint.
Examples of documents that you can submit to establish presence/continuous residence include copies of any of the following:
- Form I-94, Arrival-Departure Record;
- Employment records;
- Rent receipts, utility bills (gas, electric, telephone, etc.), receipts, or letters from companies showing dates when you received service;
- Passport entries;
- Bank books with dated transactions;
- Selective Service card;
- Attestations from churches, unions, or other organizations about your residence;
- Money order receipts for money sent in or out of the U.S.;
- Birth certificates of children born in the U.S.;
- Correspondence between the applicant and others; and/or,
- Social Security card.
How to File for an Employment Authorization Document
If you are covered under DED for Venezuelans and you want to obtain a DED-based Employment Authorization Document (EAD) valid through July 20, 2022, then you must file Form I-765, Application for Employment Authorization, and pay the associated fee. You may check general processing times for Form I-765 on our processing times page. Follow instructions for applying for an EAD provided in the Federal Register notice. Generally, this will require you to submit:
- Form I-765, Application for Employment Authorization, indicating that you are covered by DED for Venezuelans on Jan. 20, 2021, by putting “(a)(11)” in response to Question 27; and
- The Form I-765 filing fee (or a fee waiver request).
If we need biometrics to produce a secure EAD, we will notify you of your appointment to appear at a USCIS application support center.
How to Request Authorization to Travel Outside the United States
DHS may provide travel authorization as a discretionary benefit of DED for eligible Venezuelans. You must file for advance parole if you wish to travel outside of the United States temporarily. Advance parole authorizes U.S. Customs and Border Protection (CBP) to allow you to return to the United States during a specified period. A CBP inspector will make the final decision on your reentry. If you leave the United States without first receiving advance parole, you may no longer be eligible for DED and may not be allowed to reenter the United States.
To request advance parole, you must file Form I-131, Application for Travel Document, and pay the associated fee. The filing instructions on Form I-131 include all the documents you will need to send us. You may also find information about acceptable documentation and DED eligibility on our Deferred Enforced Departure page.
You may file Form I-765 and Form I-131 together or separately.
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