Fast-Track Your U Visa Work Authorization: Data Insights & Legal Solutions

Are you waiting for your U visa Bona Fide Determination (BFD) to be processed? If so, you're not alone. Thousands of applicants face extensive delays yearly, with the average applicant now waiting about 5 years before receiving anything. However, new insights from our recently acquired USCIS data show the importance of taking proactive steps. 

Understanding how the system works and how to navigate it is more important than ever. Especially with the potential policy shifts under the newly re-elected Trump administration.

In this article, we explore what the latest USCIS data reveals about BFD decisions, why acting now is critical, and how we can help you take control of your U visa journey. Whether you're just starting or have been waiting for years, this is your chance to fast-track your application and secure the future you deserve.

What Is the Bona Fide Determination Process?

The BFD process was designed to ensure that U visa applicants receive timely decisions, particularly those who meet the basic eligibility criteria. Once a BFD is made, applicants may gain temporary work authorization while awaiting their final U visa approval. However, delays in this process have caused significant frustration for applicants.

Key Benefits of the Bona Fide Determination (BFD) Process

Work Authorization: Approved applicants can obtain temporary work permits, allowing them to work legally and support their families during the waiting period.

Deferred Action: This status protects applicants from deportation while their U visa application is under review, offering peace of mind and security.

The BFD process is a vital lifeline for U visa applicants, providing critical stability during long and uncertain processing times, and helping them maintain financial and emotional well-being.

What the Data Tells Us

Thanks to a Freedom of Information Act (FOIA) request and a subsequent lawsuit, we now have access to vital data regarding BFD decisions. This includes over 200,000 lines of data detailing approvals and denials for Forms I-918 and I-918A, along with filing and decision dates. This data reveals patterns that contradict USCIS's claims of fair and efficient processing:

No clear order in processing times

Although the USCIS asserts that cases are processed in a "first in, first out" manner, the data shows otherwise. Filing dates and decision dates are scattered, with no apparent correlation. Some applicants have received decisions in as little as 60 days, while others have waited over 1,000 days.

Inconsistent decision-making pace

On average, USCIS processes about 300 BFD decisions per week. However, there was a significant spike in productivity one week in December 2023 when 26,459 decisions were issued. During that week, the USCIS could process other cases in normal volumes. This shows that the resources are there to process a reasonable number of BFD cases, avoiding delays. But this doesn’t happen.

Why Acting Now Is Crucial

With Donald Trump returning to office, immigration policies are expected to tighten based on his previous administration’s approach. While it's impossible to predict exact changes, historical patterns indicate that stricter regulations could impact the BFD process, potentially limiting access to temporary work authorizations and slowing down the overall application process.

‍

We’re committed to empowering U visa applicants with tools and resources to navigate their cases. One of our most powerful innovations is our U-visa processing time tool. By inputting your filing date, you can see how many applicants who filed after you have already received decisions.

Litigation as a Path to Progress

For those who have been waiting over 90 days without a decision, litigation may be the most effective route. Filing a lawsuit can put pressure on USCIS to process your case more quickly. We provide resources for self-filing lawsuits, which could lead to resolutions in as little as 60 days. Here is the process:

Check Your Eligibility Today

The first step to fast-tracking your U visa application is understanding if you're eligible to take legal action. We offer a simple, effective way to find out. Take our eligibility quiz.

Stay Informed and Empowered

Navigating the U visa process can be challenging, but with the right tools, resources, and support, you can take control of your future. Stay informed about policy changes, track your case progress, and explore all available options. We are here to guide you every step of the way.

‍

Your future starts now—let’s move forward together.

‍