Photo by Ahmad Bader on Unsplash

It seems that every day there is more news of bombings in the middle east, and lately that unrest has been seen in Lebanon. 

In the wake of this turmoil, President Biden released a Memorandum announcing that nationals of Lebanon who meet certain criteria will now join the list of nationals entitled to Deferred Enforced Departure (“DED”) - meaning the U.S. will prevent the removal of certain Lebanese nationals for 18 months (we'll update you if it gets extended), and that those granted DED will also be eligible for employment authorization. The DED is valid July 26, 2024, through Jan. 25, 2026. 

Although reports vary on how many have died in Lebanon in the last year, there is no question that Lebanon is in crisis. In his Memorandum, President Biden said he had decided on DED due to the ‘significantly deteriorated humanitarian conditions in southern Lebanon.' Deferred Enforced Departure is a method used by presidents to delay the removal of a certain population for a specified amount of time. It is authorized through presidential discretion and under a president's constitutional power to conduct foreign relations. 

Do I Qualify for Deferred Enforced Departure?

This current Memo applies to any Lebanese national meeting the following criteria:

• They have not voluntarily returned to Lebanon after July 26, 2024;

• They have continuously resided in the United States since July 26, 2024;

• They are not 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));

• They have not been convicted of any felony or 2 or more misdemeanors committed in the United States, or who meet any of the criteria in section 208(b)(2)(A) of the INA (8 U.S.C. 1158(b)(2)(A));

• They are not subject to extradition.

Additionally, someone will not qualify for DED if the Secretary of Homeland Security has determined that person's presence 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.

The U.S. believes this DED authorization could affect about 11,000 Lebanese nationals in the United States. 

How Can I be Authorized to Work?

Eligibility for employment authorization during the DED period for Lebanese nationals is fairly straightforward. A person is eligible if they are:

• A Lebanese national as described in the criteria cited above;

• Were present in the United States as of July 26, 2024;

• Have continuously resided in the United States since July 26, 2024; and

• Are otherwise eligible for DED.

On Form I-765 for employment authorization, you must indicate that you are covered under DED for Lebanon by putting “(a)(11)” in response to Question 27. 

An Employment Authorization Document (“EAD”) is valid under this DED category until January 25, 2026. 

If you have questions about whether you qualify for Deferred Enforced Departure or can apply for employment authorization under it, please reach out to us at (757) 422-8472, or send us a message on our website. You can also schedule an appointment with one of our attorneys by clicking on this link.