USCIS issued a policy update for U-Visa Petitioners. The policy better protects victims of crime. The new update introduces a new employment authorization process for qualifying U-visa holders as well. This new update will allow U visa petitioners to work and provide for their family and themselves while they remain safely in the United States. It also provides valuable support to law enforcement to detect, investigate, or prosecute the serious crimes individuals have survived or witnessed.

Congress created the U nonimmigrant visa with the passage of the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women’s Protection Act) in October 2000. The goal of the legislation is to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sex assault, trafficking, and other qualifying crimes. Additionally, Congress’ aim is to protect and encourage victims of crimes who have suffered substantial mental or physical abuse to cooperate and aid in the investigation and prosecution of the criminal activity.

U nonimmigrant status is available to individuals who have been victims of certain crimes, including domestic violence and sexual assault, and who are or have been helpful to law enforcement in the prosecution or investigation of those crimes. An individual who is granted U-1 nonimmigrant status as a principal petitioner is authorized to work based on that status. Congress has capped the number of principal U visas available each fiscal year at 10,000.  However, since 2010 USCIS has received more than 10,000 U visa petitions each year. As a result of this high case volume, U visa petitioners now wait approximately five years before receiving a determination that allows them access to an employment authorization document and deferred action. Through this new update, USCIS will start issuing employment authorization and grant deferred action for those individuals who have pending U visas.

USCIS will now adjudicate employment authorization for eligible petitioners with pending U visa petitions that USCIS determines are bona fide or made in good faith and without intention of deceit or fraud.  This new process is referred to as the Bona Fide Determination Employment Authorization (BFD EAD) process. USCIS will deem a petition bona fide if:

  • The principal petitioner properly filed Form I-918, Form I-918B U Nonimmigrant Status Certification, and a personal statement from the petitioner describing the facts of the victimization; and
  • The result of the principal petitioner’s biometrics has been received.

USCIS will issue employment authorization and deferred action if, after conducting and reviewing background checks, the agency determines, at their discretion, that they do not pose a risk to national security or the public.

This guidance is effective immediately and applies to all Form I-918 and Form I-918A petitions that are currently pending, or filed on, or after June 14, 2021. For those individuals and their qualified family members that have their petition pending, USCIS will make the determination if they qualify for BFD EAD and if the petitioner had filed I-765 with an accompanying application for employment authorization, then USCIS will issue BFD EAD. If the petitioner or qualifying family member did not file for employment authorization with Form I-918, then USCIS will issue a notice indicating that the petitioner may receive a BFD EAD at which point the petitioner must file Form I-765. The BFD EAD will be valid for four years.

If you have questions regarding this or other immigration policies, please contact an attorney at ILBSG. Our experience and dedication to your case will ensure you get the right advice.

Bona Fide Determination Employment Authorization Form I-918 Form I-918A U Visa