U Visa I-765 Category

As of March 17, 2015, the Vermont Service Center, the primary hub for all U visa applications, embarked on a policy of granting a 24-month work permit to any qualifying U visa applicant who appends an I-765 form (the official Application for Employment Authorization) to their U visa petition.

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*If you're a U Visa Applicant Filling out your I-765 for the First time, this tool can help generate your I-765 for free. (Note: Only for U Visa applicants waiting on their approval)

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Understanding the revamped work permit rules

Individuals who have been the unfortunate victims of specific criminal activities may be eligible to seek U nonimmigrant status, more commonly referred to as a U visa.

A U visa is provisioned for victims of certain felonies who have endured mental or physical harm and have been of assistance to law enforcement or government authorities in the investigation or prosecution of illicit deeds.

Regrettably, procuring a U visa can be an exceedingly protracted process, and applicants often face financial difficulties while awaiting approval. However, a recent pronouncement by USCIS promises a more efficient route to obtain work authorization.

U visas are capped annually at 10,000. Despite this limit being reached each year, The United States Citizenship and Immigration Services (USCIS) maintains a waiting list for any eligible U visa applicants or derivative petitioners.

Those relegated to the waiting list are granted deferred action status and are permitted to apply for work authorization whilst waiting for additional U visas to become accessible.

Under the newly established directive, USCIS recommends that applicants append two I-765 forms to any U visa petition.

The initial application would grant the U visa petitioner work authorization for a biennial period under the deferred action status.

A secondary application would bestow work authorization to the U visa petitioner for the entire duration of the U visa, upon its availability.

Despite an associated fee with the I-765 application under deferred action status, applicants also have the option to submit form I-912 (Request for Fee Waiver) to seek a waiver for the fee.

Navigating the application process under the revised rules

In the wake of USCIS’s announcement of the new U-Visa work authorization rules, several applicants have been left baffled on how to navigate the application process.

One reason is that the I-765 work authorization application necessitates you to specify the legal ground for your application.

Here’s what USCIS suggests:

Primary Petitioners

A primary petitioner is the U-Visa claimant who was the crime victim. They should file a single I-765 application, citing the (c)(14) category (deferred action) as the ground.

Derivative Petitioners

A derivative petitioner is a family member of the crime victim. Derivative petitioners should submit two I-765 applications.

One I-765 application should like the (c)(14) (deferred action) and one should list the (a)(20) category (which is for approved U-Visa derivatives.

The procedures are distinct for primary and derivative petitioners due to the differing legal authority for their work authorizations. For temporary work authorization, both qualify under the deferred action category, (c)(14).

However, once the U-Visa is approved, the authorization diverges. Primary petitioners automatically receive work authorization, whereas derivatives need to apply under category (a)(20).

I submitted my I-765… should I submit another?

What if you submitted your I-765 prior to March 2015, and didn’t list category (c)(14) (deferred action)?

If you are a primary petitioner, you should not need to file a new I-765. USCIS has stated that if you already submitted an I-765 with your U-Visa petition, then they will convert that application into a request for the new temporary work authorization. If you didn’t file any I-765, then you should submit a I-765, citing category (c)(14).

For derivative petitioners, the situation might differ. USCIS has clarified that if a derivative petitioner has already submitted an I-765, it will be interpreted as an application for the new, provisional work authorization under the deferred action category.

However, due to USCIS’s specific procedure of assigning work authorization, you would be required to file a second I-765 application following receipt of your temporary work authorization. This secondary application should cite (a)(20) as its category.

Are there any associated fees for filing an I-765?

Indeed, there is a requisite fee for I-765 applications based on category (c)(14), deferred action.

Nevertheless, applicants can seek a fee waiver using the designated form. USCIS has indicated that it is inclined to approve such requests generously.

Hence, the newly established guidelines around U-visa work authorization are intended to expedite the process and alleviate the financial burden on victims waiting for their application’s approval.

Understanding these rules can be crucial in navigating the intricate landscape of U-visa applications and securing a legitimate pathway to work authorization.