U Visa Deferred Action Processing Time: Key Factors and Expectations

The U visa is a nonimmigrant visa specifically designed for victims of certain crimes who have suffered substantial mental or physical abuse and are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity. A critical aspect of the U visa application process is the Deferred Action, where applicants are granted temporary protection from removal and eligibility for work authorization while their U visa petition is pending.

U visa deferred action processing times can vary, with some cases taking several years to reach a final decision. According to USCIS data, the median processing time in the fourth quarter of FY 2020, from receipt of a U visa petition until placement on the waiting list, was 50.9 months. After being placed on the waitlist, the processing time for final adjudication took an additional 10.0 months. It is essential for applicants to understand these processing times and plan accordingly, as their lives and employment depend on it.

While awaiting deferred action, U visa applicants can receive an Employment Authorization Document (EAD) if they receive a bona fide determination and merit a favorable exercise of discretion. This allows them to legally work in the United States until their U visa application receives its final adjudication.

U Visa Deferred Action Processing Time

The processing time for U visa deferred action can vary depending on several factors. U visa is a nonimmigrant visa for victims of crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. The primary form for applying for a U visa is Form I-918.

Factors Affecting Processing Time

USCIS Workload: Processing times may fluctuate based on the overall workload and staffing at the U.S. Citizenship and Immigration Services (USCIS). As of June 14, 2021, USCIS began adjudicating pending, non-waitlisted petitions filed by noncitizens living in the United States in receipt date order for bona fide determinations.

Petition Complexity: The complexity of the individual petition may also affect the processing time. More complex cases may require additional steps, such as Requests for Evidence or in-person interviews, which can further delay the process.

Deferred action and work authorization: Applicants may receive deferred action and file an I-765 application for work authorization. Processing times for work authorization cards are approximately 6 months from filing the I-765 application, though times may vary in the future. Deferred action status and work cards are traditionally issued for a two-year term.

Waiting List Placement: Applicants may face delays in being placed on the U visa waiting list. In the fourth quarter of FY 2020, the median processing time from receipt of a U visa petition until placement on the waiting list was 50.9 months, and the processing time from waitlist placement until final adjudication was 10.0 months.

Keeping these factors in mind, it’s essential for U visa applicants to diligently prepare and submit all required forms, supporting documents, and evidence to ensure the smoothest possible processing times.

Eligibility and Application Process

Petition for U Nonimmigrant Status

U nonimmigrant status provides temporary immigration benefits to victims of qualifying criminal activities who have suffered substantial mental or physical abuse. To apply for U nonimmigrant status, victims must submit Form I-918. This form seeks to establish the eligibility of the victim, as well as to provide evidence of their cooperation with law enforcement in the investigation or prosecution of the qualifying crime.

Supplement A and B Forms

Supplement A: Along with Form I-918, applicants can also include their qualifying family members in their petition by submitting Form I-918, Supplement A, which requests U nonimmigrant status for the eligible relatives.

Supplement B: An essential component of the U visa application process is obtaining certification from a qualified law enforcement agency. This certification, called Form I-918, Supplement B, verifies that the applicant has been a victim of a qualifying crime and has been helpful, or is likely to be helpful, to law enforcement in the investigation or prosecution of the crime. This form is valid for six months from the certification date.

Qualifying Family Members

When applying for U nonimmigrant status, certain family members may also be eligible to receive immigration benefits. For principal petitioners under 21 years of age, their spouses, children, parents, and unmarried siblings under 18 years of age can be considered as qualifying family members. For principal petitioners 21 years of age or older, only their spouses and children can qualify.

Law Enforcement Certification

A successful U visa application necessitates cooperation with law enforcement agencies. It requires that the victim has provided, or is willing to provide, any relevant information and assistance that is crucial to the investigation or prosecution of the qualifying crime. Law enforcement agencies, such as police departments or district attorney offices, must certify the applicant’s assistance on Form I-918, Supplement B. This certification serves as evidence of the victim’s involvement in the legal process and their eligibility for U nonimmigrant status.

The U visa application process aims to protect and aid victims of qualifying crimes while also facilitating their cooperation with law enforcement agencies. By adhering to the application requirements and providing the necessary documentation, eligible victims can access temporary immigration benefits and ensure their personal safety.

Deferred Action and Employment Authorization

Obtaining Employment Authorization Document (EAD)

U visa petitioners who are granted deferred action are eligible to apply for an Employment Authorization Document (EAD). With the implementation of the bona fide determination process in June 2021, USCIS is now able to issue EADs and deferred action for 4 years to qualifying U visa petitioners and their family members who meet certain discretionary standards source.

This policy change enables eligible petitioners to obtain work authorization during the pendency of their U visa application, providing financial stability and support as they navigate the immigration process.

Form I-765

To apply for an EAD, U visa petitioners will need to complete and submit Form I-765, Application for Employment Authorization, along with the required supporting documentation. It is important to note that the processing timeframes for Form I-765 may vary based on the category under which it is filed.

Applicants should carefully review the form instructions and submit all necessary supporting documents to avoid delays in obtaining the EAD.

Fee Waiver

In some cases, U visa petitioners experiencing financial hardship may be eligible for a fee waiver for the Form I-765 application. To request a fee waiver, applicants must complete and submit Form I-912, Request for Fee Waiver. It’s essential to provide documentation demonstrating financial hardship, such as evidence of income, assets, and expenses, to support the fee waiver request.

USCIS will review the submitted Form I-912 along with the relevant supporting documents to determine if the applicant qualifies for the fee waiver. If the fee waiver is granted, the applicant won’t be required to pay the filing fee for Form I-765.

By following these steps, U visa petitioners with deferred action can obtain their EAD, securing work authorization and improving their financial situation while they await a decision on their U nonimmigrant status application.

Bona Fide Determination Process and Waiting List Adjudication

Adverse Information and Security Checks

The bona fide determination process is a procedure carried out by USCIS to assess whether a U visa petitioner’s case is genuine and warrants a favorable exercise of discretion. Adverse information is crucial, as it may influence the decision. During this process, USCIS checks for any adverse information about the petitioner, such as criminal records, immigration violations, or other security concerns, to ensure the validity of their claims¹.

Credible evidence also plays a role in the process, as it helps to reinforce the petitioner’s case. Petitioners must provide adequate documentation supporting their eligibility for the U visa, and any evidence against them may result in further scrutiny or denial of their application¹.

Biometrics and Background Checks

Along with the assessment of adverse information and security checks, the bona fide determination process also involves biometric data collection and background checks. USCIS requires petitioners for U visas to undergo background checks to ensure they are not a threat to public safety or national security².

During this process, petitioners and any qualifying family members submit their biometric information, such as fingerprints and photographs, to USCIS. These biometrics are then used to perform comprehensive background checks, which include checking criminal records, immigration violations, and other relevant records².

Waiting List Adjudication

After completing the bona fide determination process, petitioners who do not receive employment authorization and deferred action are placed in the waiting list adjudication³. This is a process where the receipt date order is considered, and petitioners are granted U nonimmigrant status based on their position in the waiting list⁴.

While waiting for their turn, petitioners on the waiting list must continue to satisfy all the U visa requirements³. Once their application is finally adjudicated, USCIS decides whether to grant the U visa, defer action, or deny the application based on all the available information, including evidence from the background checks and security checks⁴.

U Visa Cap and Effects on Processing Time

Statutory Cap

The U visa program has a statutory cap of 10,000 visas per fiscal year for noncitizens who are victims of certain crimes and have been helpful in the investigation or prosecution of those crimes. This cap, however, does not apply to derivative family members, such as spouses or children, who may also qualify for U nonimmigrant status based on their relationship to the principal U visa petitioner. Additionally, qualifying applicants may eventually become eligible for lawful permanent resident status.

Due to the limited number of U visas available each year, a significant backlog has developed, causing lengthy processing delays for applicants. In response, USCIS has implemented the bona fide determination process to provide some relief to applicants.

Backlog

The backlog in U nonimmigrant status petitions has resulted in many applicants waiting years for their cases to be adjudicated. To help address this issue, the bona fide determination process allows certain eligible individuals to receive employment authorization and deferred action while they wait for further adjudication of their U visa petitions.

Once an applicant is added to the U visa waitlist, they receive deferred action, which provides temporary protection from removal, and they become eligible to apply for work authorization. This work authorization can be renewed while the applicant waits for final adjudication of their U visa application.

Although the wait time for U visa adjudication remains lengthy due to the statutory cap and backlog, the implementation of the bona fide determination process and the availability of deferred action and work authorization provide some support and stability for applicants during the lengthy waiting process.

Legal Aspects of U Visa Processing

Victims of Trafficking and Violence Protection Act

The Victims of Trafficking and Violence Protection Act (VTVPA) of 2000 introduced the U visa to provide temporary immigration benefits to eligible noncitizens who are victims of certain qualifying crimes and assist law enforcement in the investigation or prosecution of those crimes. The U visa seeks to support victims of crime, including domestic violence, trafficking, and fraud, by offering them protection and a path towards a green card.

Immigration and Nationality Act

Under the Immigration and Nationality Act (INA), there is a statutory cap of 10,000 U visas granted each fiscal year. Once a person is added to the U visa waitlist, they receive deferred action, protection from removal, and are eligible to apply for work authorization. They can then renew their work authorization while waiting for the final adjudication of their U visa application. However, due to the annual cap, there is a significant backlog of applicants, leading to longer wait times.

Federal Courts and Litigation

The processing time for U visa petitions has been a subject of concern and litigation. In the fourth quarter of FY 2020, the median processing time from receipt of a U visa petition until placement on the waiting list was 50.9 months, and the processing time from waitlist placement until final adjudication was 10.0 months. Federal courts have weighed in on cases, such as a 6th Circuit decision that revived claims that U.S. Citizenship and Immigration Services had unreasonably delayed placing certain U visa applicants on the waiting list.

In response to the lengthy processing times, USCIS implemented the bona fide determination process in June 2021, providing discretionary standards for granting employment authorization and deferred action to noncitizens with pending, bona fide U visa petitions. This ensures that eligible applicants have additional support while waiting for their cases to be adjudicated.

Frequently Asked Questions

What is U visa deferred action time?

U visa deferred action time refers to the period during which an individual who has submitted a U visa application is awaiting a decision from the U.S. Citizenship and Immigration Services (USCIS). During this time, the person may be granted deferred action and provided with an Employment Authorization Document (EAD), depending on certain discretionary standards.

U visa processing after biometrics?

After completing the biometrics appointment as part of the U visa application process, USCIS will continue to review the applicant’s information and supporting documents. The total processing time may vary, and it is essential to check the USCIS processing times for an estimate on the processing time for their specific case.

U visa work permit wait in 2023?

The wait time for a U visa work permit, also known as an Employment Authorization Document (EAD), depends on several factors, including the applicant’s eligibility and USCIS processing times. As of June 2023, it is not possible to project wait times accurately for U visa work permits. Applicants should keep track of the USCIS case processing times for a current estimate on waiting times.

U visa EAD category?

The EAD categories for U visa applicants include the (a)(19) or (c)(14) filed with Form I-918, and the (a)(20) or (c)(14) filed with Form I-918, Supplement A. The USCIS I-765 Information page provides additional details about these EAD categories.

U visa work permit process time?

The USCIS processing times for U visa work permits (EADs) are subject to changes, and applicants should review the USCIS case processing times for an estimate. These processing times may vary based on the workload, available resources, and other factors.

Bona fide determination process?

The bona fide determination process is used by USCIS to assess the legitimacy of a U nonimmigrant status petition. In this process, USCIS evaluates the pending petition and exercises its discretion to provide employment authorization if it determines the petitioner has a valid, bona fide claim for U nonimmigrant status.

Footnotes

1. National Engagement – U Visa and Bona Fide Determination Process ↩ ↩²
2. USCIS Policy Manual – Volume 3, Part C, Chapter 6 ↩ ↩²
3. USCIS Updates Policy Manual on the Bona Fide Determination Process ↩ ↩²
4. ASISTA – Bona Fide Determination Process Overview ↩ ↩²