The United States offers 10,000 U visas annually to immigrants who are victims of certain crimes and who aid law enforcement investigations or prosecutions. Under the current policy, approved U visas provide access to a work permit and the ability to apply for permanent residence after three years. USCIS automatically issues an Employment Authorization Document (EAD) to principal petitioners upon the approval of the Petition for U Nonimmigrant Status. However, high demand for U visas means applicants currently wait at least five years until they can receive work authorization, according to USCIS.

On Monday, June 14, USCIS provided updated guidance in its Policy Manual on employment authorization and deferred action for principal petitioners for U nonimmigrant status and qualifying family members with pending, bona fide petitioners. The guidance has been immediately implemented and applies to all Form I-918 petitions that are currently pending, or filed on or after June 14, 2021. USCIS stated that due to drastic increases in the volume of U nonimmigrant petitions and a growing backlog awaiting placement on the waiting list for final adjudication, the agency has decided to exercise its discretion under INA 214(p)(6) to conduct bona fide determinations (BFD) and provide EADs and deferred action to noncitizens with pending, bona fide petitions who meet certain discretionary standards. The new policy guidance provides that USCIS will conduct an initial review of Form I-918 and will issue Bona Fide Determination EADs and deferred action for four years to petitioners for U nonimmigrant status and qualifying family members if USCIS deems their petition “bona fide”, instead of completing a full waiting list adjudication.

For more information about this policy update, please schedule a consultation with one of the attorneys at Curray York & Associates!