U.S. to expand work permits for immigrants who are crime victims under the U Visa program
A new U.S. immigration policy announced on Monday will expand access to work permits and deportation relief to some immigrants who are crime victims while their visa cases are pending. There are currently 269,000 pending U visa applications pending with USCIS so this new process could allow tens of thousands of U visa applicants access to more timely employment authorization. This will provide these victims of crime more stability as they rebuild their lives, and will better equip them to cooperate with and assist law enforcement in investigating and prosecuting crime.
Under the previous administration, immigration authorities made it easier to deport U visa applicants and did not grant work authorization until final adjudication of the case. Currently, U visa petitioners are waiting at least five years before receiving a decision permitting them access to an employment authorization document. During this wait time, they face vulnerabilities, such as financial instability and fear of deportation. Through this policy update, victims will receive, without extensive delay or lengthy wait times, the stability they need while they work with law enforcement. This increase in victim cooperation will further fortify law enforcement’s ability to protect and secure communities throughout the United States.
USCIS will now adjudicate employment authorization for eligible petitioners with pending U visa petitions that USCIS determines are bona fide, or made in good faith and without intention of deceit or fraud. This new process is referred to as the Bona Fide Determination Employment Authorization (BFD EAD) process.
USCIS will deem a petition bona fide if:
The principal petitioner properly filed Form I-918, Form I-918B U Nonimmigrant Status Certification and 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 their discretion, that they do not pose a risk to national security or public.
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.
Congress created the U nonimmigrant visa with the passage of the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women’s Protection Act) in October 2000. The legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking and other qualifying crimes, while also protecting victims of crimes who have suffered substantial mental or physical abuse due to the crime and cooperate with law enforcement authorities during the investigation or prosecution of the criminal activity. The U nonimmigrant visa program also helps law enforcement agencies to better serve victims of crimes.
For more information on the U Visa and see if you qualify, call the Law Office of Troy & Neils at (415) 399-9490.