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Bona Fide Determination Processing Time: Essential Facts and Tips
The processing time for bona fide determination has garnered attention, especially with the implementation of a new process by the United States Citizenship and Immigration Services (USCIS) in June 2021. The purpose of the bona fide determination process is to evaluate certain petitioners and their family members, who are waiting for full adjudication, for temporary work authorization and deferred action. This process is applicable to those with pending U nonimmigrant status, also known as U visa petitions, which provide temporary immigration benefits to victims of certain crimes.
Understanding the processing time for bona fide determination is crucial for petitioners and immigration practitioners, as it can greatly impact the applicants’ lives and work opportunities. USCIS considers a principal petition bona fide if the principal petitioner has properly filed a complete Petition for U Nonimmigrant Status (Form I-918) along with all required initial evidence, except for the Application for Advance Permission to Enter as a Nonimmigrant (Form I-192). As the demand for U visas remains high and the number of available visas each year is limited, the processing times can be lengthy, and this has led to increased interest in the bona fide determination process and the time it takes for petitions to be approved.
Overview of Bona Fide Determination
The Bona Fide Determination (BFD) process is a recently implemented measure by the United States Citizenship and Immigration Services (USCIS) to efficiently handle U nonimmigrant status petitions. This initiative aims to provide eligible victims of qualifying crimes with employment authorization and deferred action while they await the final adjudication of their petition for U nonimmigrant status.
The BFD process was introduced by USCIS on June 14, 2021, and it allows certain petitioners and their family members with pending U petitions to receive four-year work authorization and deferred action while waiting for full adjudication. This new measure is significant, as it offers a more organized approach to managing U nonimmigrant status petition applications.
Under the BFD process, USCIS exercises discretion in granting employment authorization to noncitizens with pending, bona fide U nonimmigrant status petitions. The implementation of this process is crucial as it aims to conduct initial reviews of U nonimmigrant status petitions more efficiently, thereby reducing processing times and delays for applicants.
In order to qualify for the BFD, petitioners must meet eligibility requirements, including having a pending, bona fide U nonimmigrant petition with USCIS. The BFD process takes into account both principal petitioners and qualifying family members who are determined to merit a favorable exercise of discretion.
Although the BFD process has been implemented as a means to streamline and improve efficiency, concerns have been raised about processing times for U-Visa Bona Fide Determination. It is important for petitioners to monitor updates on the USCIS website for current processing times, as they may be subject to change.
In summary, the Bona Fide Determination process is a crucial development in the field of U nonimmigrant status applications. It is designed to provide a more efficient approach by offering employment authorization and deferred action to eligible victims of qualifying crimes, while they await the final adjudication of their petition.
The Bona Fide Determination Process
Filing and Receipt Date Order
The bona fide determination process for U nonimmigrant status starts with the filing of a complete Petition for U Nonimmigrant Status (Form I-918) and, if applicable, Form I-918, Supplement A for qualifying family members. These petitions are processed by the USCIS in the order of their receipt date, ensuring fairness in the system.
Initial Review and Evidence Requirements
Upon receiving a petition, USCIS conducts an Initial Review to assess its validity. The petitioner must provide all required initial evidence, including Form I-918, Supplement B, a certification from a qualified authority proving that the petitioner is indeed a victim of a qualifying criminal activity. Required initial evidence not only helps expedite the adjudication process but also ensures proper examination of the petitioner’s eligibility.
Background and Security Checks
Once the initial review is complete, USCIS carries out rigorous background and security checks on the petitioners. These checks verify the information provided in the petition and determine any potentially disqualifying factors. Background checks are a crucial step in maintaining the integrity of the U nonimmigrant status process and are essential for national security reasons.
By following the bona fide determination process, USCIS ensures the efficient and fair processing of U nonimmigrant petitions, helping those eligible for U nonimmigrant status to receive the protection and support they deserve.
Case-by-Case Discretion in Bona Fide Determinations
Exercise of Discretion
U.S. Citizenship and Immigration Services (USCIS) evaluates each U nonimmigrant status petition on a case-by-case basis, exercising discretion during the bona fide determination process. A favorable exercise of discretion is granted when the petition is determined to be bona fide, meaning the applicant is eligible for employment authorization and deferred action while awaiting final adjudication of their petition. The process aims to conduct initial reviews more efficiently and provide relief to eligible victims of qualifying crimes 1.
Factors Influencing Discretion
USCIS considers several factors when exercising discretion in the bona fide determination process. Some of the key factors include:
- National security and public safety risks: USCIS prioritizes evaluating potential risks to public safety and national security 2.
- Relevant considerations: Other factors that may influence the case-by-case determination are taken into account during the adjudication process.
The decision to grant or deny a petition is based on a combination of these factors and the unique circumstances of each case. By approaching each petition individually, USCIS ensures a fair and thorough evaluation for all petitioners.
Bona Fide Determination and Employment Authorization
EADs and Processing Time
The Bona Fide Determination (BFD) process affects the issuance of Employment Authorization Documents (EADs) for noncitizens with pending U nonimmigrant status petitions. EADs serve as proof of an individual’s eligibility to work in the United States. USCIS has discretion to provide employment authorization for these applicants, and the BFD process helps to streamline the process. However, it is important to note that a BFD EAD, along with a grant of deferred action, does not guarantee eligibility for U nonimmigrant status when a visa becomes available during a given fiscal year under the statutory cap ^source^.
Processing times for EADs under the BFD process can vary, and there is no specific time frame provided by USCIS. The BFD process aims to reduce the amount of time that U visa petitioners, who are living, wait to receive employment authorization ^source^.
Policy Updates and BFD EAD
USCIS implemented the Bona Fide Determination process on June 14, 2021, with the aim of issuing EADs and deferred action for four years to petitioners for U nonimmigrant status, including qualifying family members ^source^.
This change in policy seeks to address the backlog of cases by offering employment authorization and deferred action for applicants with pending, bona fide petitions. As a result, eligible individuals can gain employment authorization while awaiting their formal U nonimmigrant status decision. The new process also provides greater consistency and efficiency in adjudicating these cases ^source^.
In conclusion, the BFD process and the issuance of EADs play a critical role in allowing noncitizens with pending U nonimmigrant status petitions to work legally in the United States. It is crucial to remain informed about policy updates and understand that the BFD process is subject to change.
Impact on Petitioners and Family Members
Principal Petitioners and Derivatives
The new bona fide determination process announced on June 14, 2021 aims at providing principal petitioners for U nonimmigrant status and their derivative family members with employment authorization and deferred action while they wait for their petitions to be adjudicated. This process expedites the issuance of work permits and deferred action to those whose petitions have been pending for a long time, reducing the potential financial and emotional strains on petitioners and their families.
Principal petitioners are deemed bona fide if they have properly filed a complete Petition for U Nonimmigrant Status (Form I-918) with all the initial evidence – except for the Application for Advance Permission to Enter as a Nonimmigrant (Form I-192). This favorable determination enables the petitioner to receive a work permit, which lasts for four years, and deferred action during the waiting period.
Qualifying Family Members
Principal petitioners with a qualifying family relationship may extend their pending bona fide U nonimmigrant petitions to their family members. These family members are called qualifying family members, encompassing spouses, unmarried children under the age of 21, and, in some instances, dependents such as parents or siblings. A qualifying family member may benefit from employment authorization and deferred action as a derivative of the principal petitioner if they are also found to have a bona fide petition.
This measure is significant for family unity, as it allows family members to be included in the bona fide determination process. It alleviates the burden of waiting for separate approvals and permits families to stay together while waiting for their U nonimmigrant status petitions to be adjudicated.
Bona Fide Determination and U Nonimmigrant Status
Application and Waiting List
The Bona Fide Determination (BFD) process is designed to provide greater efficiency in the initial review of U nonimmigrant status petitions. By implementing the BFD process, eligible victims of qualifying crimes can receive employment authorization and deferred action while awaiting the final adjudication of their U nonimmigrant status.
Applicants seeking U nonimmigrant status must submit Form I-918, Petition for U Nonimmigrant Status. Upon submission, USCIS first determines if the pending petition is bona fide. If deemed bona fide, the applicants and their eligible family members may receive a four-year work authorization and deferred action while they wait for full adjudication of their U nonimmigrant status.
The waiting list for adjudication is split into two processing times:
- The time it takes from filing with USCIS to being placed on the waiting list.
- The time taken from being placed on the waiting list to receiving an adjudication.
U-1 Recipient and Stability
A U nonimmigrant status, commonly referred to as a U visa, provides temporary immigration benefits to victims of certain crimes who have suffered substantial mental or physical abuse and are willing to assist law enforcement in the investigation or prosecution.
For family members of U-1 recipients, they can seek U nonimmigrant visas by submitting Form I-918A, Petition for Qualifying Family Member of U-1 Recipient. This form allows the eligible family members of U nonimmigrant visa recipients to obtain their own derivative U visas.
The Bona Fide Determination process aids in providing stability to U nonimmigrant status petitioners and their families during the waiting list period. By granting deferred action and work authorization, petitioners are allowed to contribute to the community and support themselves while awaiting the final adjudication of their cases, ensuring a sense of security and stability during this time.
Public Safety and National Security Concerns
Law Enforcement and USCIS Discretion
When considering bona fide determinations, USCIS prioritizes public safety and national security concerns. USCIS works closely with law enforcement to ensure that only individuals who do not pose a risk to public safety or national security are granted benefits. The discretion of USCIS in these matters is crucial. Factors such as credible evidence, personal statements, and law enforcement certification play an essential role in determining the legitimacy of the principal petitioner’s claims.
Statutory Cap and Removal Issues
The U visa program has a statutory cap, which limits the number of visas granted in a given fiscal year. As a result, noncitizens who receive a Bona Fide Determination Employment Authorization Document (BFD EAD) and deferred action might still face removal issues if they are not granted U nonimmigrant status when a visa becomes available.
Risk Assessment and Relevant Qualifying Crimes
USCIS evaluates a range of qualifying crimes when determining whether it’s appropriate to grant a U visa. These crimes can include murder, rape, sexual abuse, firearms and explosive materials offenses, destructive devices, peonage, slavery, involuntary servitude, trafficking in persons, aggravated assault, child pornography, and manufacturing, distributing, or selling drugs and narcotics. The evaluation process for these qualifying crimes considers the severity of the crime, evidence, and potential public safety risks.
In conclusion, public safety and national security concerns are of utmost importance when considering bona fide determinations. Law enforcement plays a crucial role in assisting USCIS, and various factors are assessed to determine the legitimacy of claims and risks associated with granting U visas.
Legal Perspectives and Assistance
Role of Immigration Attorney
An immigration attorney plays a crucial role in assisting clients with the U visa bona fide determination process. They possess a deep understanding of the eligibility criteria, required documentation, and USCIS procedures. With their expertise, they can help navigate complex cases and address possible challenges, such as responding to a request for evidence or providing representation before the Vermont Service Center.
Policy Manual and Alerts
The USCIS Policy Manual serves as a comprehensive guide for the adjudication of U visa petitions and the bona fide determination process. Updated on June 14, 2021, it explains the criteria for bona fide determinations and offers guidance for adjudicating officers. Staying informed about the latest policy updates and alerts helps to ensure proper understanding of current regulations and USCIS procedures for both applicants and legal professionals.
USCIS Services and Fees
USCIS provides various services to assist petitioners throughout the U visa application process, like the National Engagement U Visa and Bona Fide Determination Process FAQ. However, it’s important to be aware that certain fees may be associated with the U visa petition. This can include fees for filing the petition itself or submitting requests for evidence. It’s advisable to consult with an immigration attorney to gain a clear understanding of the specific services and fees involved in the bona fide determination process for U visas.
Conclusion
The Bona Fide Determination (BFD) process was implemented by USCIS to provide employment authorization to noncitizens with pending U nonimmigrant status petitions. This process aims to efficiently review these petitions and offer eligible victims of qualifying crimes the opportunity to work while they wait for a final decision on their U nonimmigrant status.
In June of 2021, USCIS introduced a new element to the BFD process, allowing certain petitioners and their family members with pending U petitions to receive four-year work authorization and deferred action while they wait for the full adjudication.
Although receiving a Bona Fide Determination Employment Authorization Document (BFD EAD) and grant of deferred action can be a significant benefit for individuals during the processing time, it is important to note that it does not guarantee eligibility for U nonimmigrant status once a visa becomes available under the statutory cap.
While the BFD process aims to streamline the review of U nonimmigrant status petitions, it is crucial for applicants to be mindful of the processing times and the potential challenges that they may face. Engaging with knowledgeable and experienced immigration professionals can be helpful in navigating this process and ensuring that all necessary documentation is submitted to increase the chances of a successful outcome.
