U-visa policy alert (EAD)

USCIS Issues Policy Providing Further Protections for Victims of Crime
Release Date
06/14/2021
The policy update will help provide stability to U Visa Petitioners supporting law enforcement efforts to investigate and prosecute crimes

WASHINGTON—U.S. Citizenship and Immigration Services is updating the USCIS Policy Manual to implement a new process, referred to as Bona Fide Determination, which will give victims of crime in the United States access to employment authorization sooner, providing them with stability and better equipping them to cooperate with and assist law enforcement investigations and prosecutions.

“Today we are taking steps to help victims of crime and promote public safety,” said Secretary of Homeland Security Alejandro N. Mayorkas. “These are individuals who have come forward to help law enforcement keep us all safe, but who are in need of a measure of protection for themselves as well. The Bona Fide Determination process is consistent with the Department’s statutory authorities and will ensure these individuals receive the support they need.”

“Victims of crime need a way to support themselves as they heal and continue their pursuit of justice,” said USCIS Acting Director Tracy Renaud. “This Bona Fide Determination process will allow U visa petitioners to work while they remain safely in the United States, providing valuable support to law enforcement to detect, investigate, or prosecute the serious crimes they have survived or witnessed.”

Through this new process, USCIS will issue employment authorization and grant deferred action to petitioners in the United States with pending U visa petitions that it determines are bona fide (made in good faith and without intention of deceit or fraud) and who merit a favorable exercise of discretion. To be considered bona fide, the petition must include a certification from law enforcement that the petitioner was a victim of a crime and that the victim has been, is being, or is likely to be helpful in the investigation or prosecution of that crime.

Congress has capped the number of principal U visas available each fiscal year at 10,000, but 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. This wait time not only leaves these individuals vulnerable to financial instability and fear of deportation, but it also can disincentivize victims from coming forward and cooperating with law enforcement. Through this policy update, victims with pending bona fide petitions will receive the stability they need as they rebuild their lives while working with law enforcement to investigate and prosecute criminal activity. This increase in victim cooperation will further fortify law enforcement’s ability to protect communities throughout the United States.  


USCIS will deem a petition bona fide if:

The principal petitioner properly filed Form I-918, including Form I-918B U Nonimmigrant Status Certification;

The principal petitioner properly filed 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, in its discretion, that petitioners merit a favorable exercise of discretion and do not pose a risk to national security or public safety.

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.

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I have a pending application, does anyone know if I have to file to request for EAD with this new policy update?

yes, you must file I-765 with (c)14 (DACA is (c)33)

Thank you! And bummer I just filed for my DACA renewal June 1.

I just read up more on this. More details

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Note to U Petitioners: If you are a principal U nonimmigrant petitioner, you are authorized to work based on your status. After we approve the underlying petition for U nonimmigrant status, we will issue you an EAD. This means you will not to file Form I-765.

If you are a derivative family member residing inside the United States, you are also authorized to work based on your status. After we approve the underlying petition for derivative U nonimmigrant status, we will not issue you an EAD. This means you will need to file Form I-765.

We can only issue EADs for principals and derivatives after we approve the underlying U nonimmigrant status petition, regardless of when you file Form I-765.

If you live in the U.S., you may receive employment authorization and deferred action if you have a pending bona fide petition and meet certain discretionary standards. We will issue a notice if you need to file a Form I-765 for employment authorization associated with a bona fide determination.

If the statutory cap is reached in a fiscal year and we use the waiting list process described at 8 CFR 214.14(d)(2), petitioners for U nonimmigrant status and derivatives in the United States can apply for employment authorization using Form I-765 based on deferred action. We can only approve an application for employment authorization based on deferred action after DHS has deferred action in your case, regardless of when you file Form I-765.

Notice the words After we approve

It means people who are approved U visa doesn't need to file I-765. That's not us yet.

10,000 cap is reached every fiscal year so we must use the Form I-765.

In ur case, u might want to cancel ur $495 DACA check and make them send back ur DACA packet for insufficient payment because u can get 4 year EAD for free (filing I-765 for U visa candidates are free).

I really don't see much of a difference from the old policy where your I-918 would be kept open until a visa number becomes available, but before that they'd place you into deferred action and let you get an EAD that way.

You should a letter to the service center handling your case requesting a bona fide determination and include a I-765 under category (c)(14), I-765WS, and the check for the fee.