What’s the Difference Between a Bona Fide Determination and a Waiting List Decision for U Visa Applicants?

If you're applying for a U Visa, you probably already know the wait can be long—and the process, confusing. One of the most common questions we hear from applicants is:

“What’s the difference between a Bona Fide Determination and the U Visa waiting list?”

These two terms might sound similar, but they represent very different milestones in your immigration journey. Let’s break them down so you can understand where you stand—and what’s next.

What Is a Bona Fide Determination (BFD)?

The Bona Fide Determination (BFD) is a process introduced by USCIS in June 2021 to provide early protections for U Visa applicants.

A BFD happens before your case is fully reviewed or approved. It’s an early screening step to determine whether your application is “good enough” to move forward and give you certain benefits while you wait for a final decision.

To qualify for a BFD, USCIS checks that:

• You submitted a complete U Visa application (Form I-918).
• Your application includes a valid law enforcement certification (Form I-918 Supplement B, signed within the last 6 months).
• You included a personal statement describing the crime and your victimization.
• You passed a background check and don’t pose a risk to public safety or national security.

If all of that checks out, you’ll receive a BFD Notice, and USCIS may grant:

• A work permit (Employment Authorization Document, or EAD) valid for 4 years.
• Deferred Action, meaning protection from deportation during this waiting period.

Important: A BFD is not an approval of your U Visa. It just means your application is complete, you’ve passed initial security screenings, and you can get early relief while waiting for your full case review.

What Is a U Visa Waiting List Decision?

A Waiting List Decision comes much later—after USCIS has fully reviewed your application and determined that you qualify for a U Visa.

But there’s a catch.

USCIS can only grant 10,000 U Visas per year for principal applicants (not including family members). If that limit has been reached—and it almost always has—USCIS puts you on the official waiting list.

If you’re placed on the waiting list, it means:

• Your application has been fully reviewed and approved.
• You’re just waiting for your turn to receive your U Visa once a visa number becomes available.

While you wait, USCIS will grant:

• A work permit (EAD).
• Deferred Action (protection from removal).

This means you’ll receive the same benefits as someone with a BFD, but your case is further along—you’ve been approved; you’re just waiting for your place in line.

Quick Comparison Table

Why This Matters

For U Visa applicants, both outcomes are good—they mean your case is progressing. But the two differ significantly in timing and implications.

• A BFD gives you faster access to work authorization and deportation protection, which can be life-changing if you’re stuck in limbo.
• A Waiting List Decision confirms you’ve passed all the requirements for a U Visa, but you still have to wait for one of the limited visa slots to open.

Understanding where you are in this process helps you plan your life, apply for jobs, and stay informed.

Who Gets a Bona Fide Determination?

According to USCIS, BFDs are generally issued to:

• Applicants inside the United States: If you live abroad, you won’t be eligible for a BFD, though your case can still go to the waiting list.
• Applicants with no serious criminal record: Certain arrests or charges can delay or disqualify you from receiving a BFD, though you may still qualify later.
• Cases that are complete and properly filed: Incomplete applications are not eligible.

BFD is discretionary—meaning USCIS isn’t required to give you one, even if you technically qualify. They weigh security concerns and may ask for additional evidence.

What Happens If You Don’t Get a BFD?

If USCIS decides not to issue you a BFD, your case still moves forward. It may be evaluated for:

• Waiting List placement, if your application meets all U Visa criteria.
• A possible Request for Evidence (RFE) or Notice of Intent to Deny (NOID) if there are missing elements or concerns.

Not getting a BFD does not mean your U Visa has been denied.

What About Family Members?

Your spouse, children, or parents (depending on your age) may also qualify for a BFD and get their own EADs and Deferred Action—if:

• Their own application (Form I-918A) is complete.
• They pass a background check.
• Your principal application receives a BFD.

Each family member’s case is reviewed individually. A BFD for you doesn’t automatically guarantee one for them.

How Long Does It Take to Get a BFD?

Unfortunately, USCIS does not publish official processing times for BFDs. Based on community data and experience:

• Many applicants wait more than 35 months after filing to hear back.
• Factors like your service center, filing date, and background check can impact your timeline.

To help bring clarity, we created a free tool that estimates your BFD timeline based on real data from hundreds of U Visa applicants.

👉 Try the BFD Estimator Tool Here

It's fast, free, and made just for U Visa applicants.

Final Thoughts

Here’s what to remember:

✅ A Bona Fide Determination means your case is on the right track—you’re eligible for early benefits while you wait.

✅ A Waiting List Decision means you’ve already been approved but are in line for your visa.

Both can bring:

• Work authorization
• Protection from deportation
• Peace of mind

Still, they are not the same—and knowing the difference helps you understand what to expect and how to prepare.

At Pro Se Pro, we’re here to guide you through every step. From tools to estimate your BFD arrival to educational resources and community support, we’ve got your back.

If you’ve been waiting for more than 90 days since your U Visa filing date, check out our mandamus lawsuit service to get your BFD quicker.