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U Visa BFD EAD Processing Time 2022: An Expert Overview
The U Visa Bona Fide Determination (BFD) process has provided many applicants with an opportunity to receive temporary relief and an Employment Authorization Document (EAD) during the lengthy U Visa application process. Implemented by the United States Citizenship and Immigration Services (USCIS) on June 14, 2021, this new procedure aims to address the growing backlog of pending U Visa applications, offering eligible petitioners increased stability and access to work while they wait.
In 2022, understanding the processing time for U Visa BFD EAD remains crucial for applicants who are eager to obtain work authorization and protection from deportation. However, the exact timeline for this process remains uncertain due to the high number of pending applications and varying processing speeds across different USCIS offices. As a result, applicants must remain patient and informed about their case’s progress and any potential changes to the U Visa BFD EAD processing time in 2022.
U Visa BFD EAD Overview
The U Visa BFD EAD refers to the Bona Fide Determination Employment Authorization Document for U Visa applicants. This process was implemented by the USCIS in June 2021 to grant employment authorization and deferred action to qualifying U Visa petitioners while their applications are pending.
U Visa applicants can benefit from this process by receiving a four-year work authorization and deferred action, which temporarily prevents their removal from the United States. The BFD EAD is available to principal petitioners and eligible family members with pending U Visa petitions, filed using the Form I-918.
To qualify for the BFD EAD, the principal petitioner must have submitted a complete and properly filled out Form I-918 and provided all the required initial evidence. However, the Application for Advance Permission to Enter as a Nonimmigrant (Form I-192) is not mandatory for this process. The USCIS will then assess whether the petition is bona fide.
Employment authorization granted through the BFD EAD process allows U Visa petitioners and their qualifying family members to work legally in the United States. It is important to note that obtaining a BFD EAD does not automatically grant U nonimmigrant status or ensure approval of the U Visa petition.
In conclusion, the new Bona Fide Determination Employment Authorization Document process provides U Visa applicants and their eligible family members with temporary relief and work authorization while waiting for the full adjudication of their petitions. This change in policy aims to alleviate the uncertainty faced by many applicants during the lengthy U Visa processing times.
U Visa and Form I-918
The U Nonimmigrant Status, also known as the U visa, is designed to provide temporary immigration benefits to victims of certain crimes who have suffered substantial mental or physical abuse and have been helpful or are likely to be helpful in the investigation or prosecution of the crime. To apply for U visa, applicants must file Form I-918 to the United States Citizenship and Immigration Services (USCIS).
As of June 14, 2021, USCIS implemented a new Bona Fide Determination (BFD) process for reviewing pending and newly filed I-918 petitions. The BFD process aims to provide applicants with an Employment Authorization Document (EAD) and deferred action to those whose petitions are determined to be bona fide and pending for adjudication.
Due to the significant backlog of U visa applications, processing times can extend to several years. Applicants must wait through the adjudication process before they are granted U nonimmigrant status, which in turn, also affects the issuance of their EADs.
The processing of Form I-918 involves several steps, including the submission of a U Nonimmigrant Status Certification (Form I-918 Supplement B) from a certifying agency, such as law enforcement or other relevant authorities. This certification proves the applicant’s cooperation in the investigation or prosecution of the crime.
While the entire process can be lengthy, the new BFD review aims to speed up the issuance of EADs for eligible U visa applicants. However, there is no fixed timeline for when an individual can expect to receive their EAD based on the BFD process, as it varies depending on the case’s specifics.
In conclusion, the U Nonimmigrant Status, obtained through Form I-918, provides significant benefits to eligible crime victims in the United States. Despite the extended processing times, the new BFD process for U visa applications aims to alleviate some of the waiting period by granting EADs and deferred action to those with bona fide cases pending adjudication.
Bona Fide Determination Process
The Bona Fide Determination Process is a new procedure introduced by the United States Citizenship and Immigration Services (USCIS) on June 14, 2021, specifically for U nonimmigrant visa applicants. This process aims to grant certain petitioners and their family members with pending U visa petitions temporary benefits such as work authorization and deferred action while their applications are being fully adjudicated.
A bona fide determination (BFD) is made by the USCIS when assessing an applicant’s eligibility for the U visa. This determination involves a thorough review of the applicant’s petition and evidence to ensure that it is complete and that the applicant merits a favorable exercise of discretion. The exercise of discretion is based on the circumstances of each case and the overall balance of favorable versus unfavorable factors in the applicant’s situation.
If the USCIS grants a noncitizen a Bona Fide Determination Employment Authorization Document (BFD EAD) as a result of the BFD process, the agency also exercises its discretion to grant that noncitizen deferred action for the period of the BFD EAD, which typically lasts for four years. This deferred action protects the applicant from being removed or deported from the United States during that time.
The Bona Fide Determination Process is designed to provide relief to U visa applicants who have been waiting for long periods due to processing backlogs. However, the processing time for BFD EADs under the U visa can still vary and is subject to the USCIS’s workload and other considerations.
In summary, the Bona Fide Determination Process serves as an important step in assisting U visa applicants with pending petitions. This process, which includes a review of the applicant’s case, a favorable exercise of discretion, and the potential granting of work authorization and deferred action, helps to ensure that deserving applicants receive temporary benefits while they await the full adjudication of their U visa applications.
Submitting Personal Statement and Biometrics
When applying for a U Visa BFD EAD in 2022, it is important to include a well-prepared personal statement and complete the required biometrics process.
Your personal statement should be a concise and clear account of the qualifying criminal activity you have been a victim of, your cooperation with law enforcement, and the substantial mental or physical harm you have suffered as a result. Remember to include relevant dates, details of the incident, and your involvement with law enforcement. Write your statement in a confident, knowledgeable, and neutral tone to give USCIS a clear understanding of your situation.
Biometrics are a crucial part of the U Visa BFD EAD application process. They typically include fingerprinting, a photograph, and, in some cases, a signature. USCIS uses biometrics to verify your identity and conduct background checks as part of the bona fide determination process. To complete your biometrics, you will receive a notice from USCIS with an appointment date, time, and location.
It is essential to attend the scheduled biometrics appointment, as failure to do so may result in delays or denial of your application. If you need to reschedule, follow the instructions on your appointment notice. When attending your biometrics appointment, bring a valid form of identification (e.g., passport, driver’s license) and your appointment notice.
In summary, a thorough personal statement and successful completion of biometrics are key components of a U Visa BFD EAD application in 2022. Make sure to provide a well-written statement describing your experience and follow the USCIS guidelines for the biometrics process to improve your chances of a favorable outcome.
Timeline and Processing Time
The U Visa Bona Fide Determination (BFD) Employment Authorization Document (EAD) processing time has seen some changes in recent years. In June 2021, USCIS implemented the bona fide determination process to provide employment authorization to noncitizens with pending, bona fide U nonimmigrant status petitions. This new BFD review applies to all currently pending I-918 petitions and all I-918 petitions filed on or after June 14, 2021.
USCIS provides a case processing times webpage to track the processing time of various forms, including the Form I-918, which is used for the U Visa BFD EAD. However, it is essential to note that the actual processing times may vary depending on the case. To inquire about a specific case outside the normal processing time or update any information, please use the resources provided on the USCIS processing times webpage.
For some insight on the timeline, applicants can refer to the Form I-765 Information on the USCIS website, which outlines the processing times for EAD categories related to the U Visa BFD. Keep in mind that these processing times are subject to change, and the resources at the USCIS website should be checked regularly for updates.
In conclusion, the timeline and processing time of the U Visa BFD EAD can be variable. It is crucial for applicants to monitor the USCIS website’s case processing times and Form I-765 information to stay updated on processing times’ changes and individual case updates. Remember, the processing time may be different for each applicant, so it is essential to remain patient and informed throughout the process.
Employment Authorization Document (EAD) and Form I-765
The Employment Authorization Document (EAD) is a crucial document for non-citizens who are authorized to work in the United States, as it provides evidence of their employment authorization. Form I-765, known as the Application for Employment Authorization, is the form applicants need to file in order to obtain an EAD.
U Visa applicants, specifically those with pending, bona fide U nonimmigrant status petitions, are eligible for employment authorization under the bona fide determination process implemented by USCIS in June 2021. This process significantly impacts U Visa applicants by enabling them to receive the EAD while their U nonimmigrant status is being adjudicated.
To apply for an EAD, applicants must file Form I-765, and submit the appropriate documentation and filing fee. The instructions for Form I-765 detail the specific requirements for those eligible under different immigration categories. Depending on the applicant’s immigration category, the validity period of the issued EAD will generally be between 1 and 2 years.
For U nonimmigrant applicants, obtaining an EAD as part of the bona fide determination process offers a significant advantage, as they can start working legally in the United States while their U nonimmigrant petitions are being processed. However, it is essential to note that processing times for Form I-765 can vary based on an individual’s specific situation and the processing center’s workload.
In conclusion, the Employment Authorization Document and Form I-765 play a vital role in ensuring the legal employment of U nonimmigrant petition applicants under the bona fide determination process. By following the form’s instructions and meeting its requirements, eligible applicants can secure the EAD and be authorized to work in the United States while their petitions are being processed.
Adjudication and Background Checks
The U Visa Bona Fide Determination Employment Authorization Document (BFD EAD) process started on June 14, 2021. This process was introduced to provide relief and work authorization to eligible applicants while they wait for their U visa application to be approved.
During the adjudication process, USCIS thoroughly reviews the applicant’s eligibility to ensure they meet all criteria and requirements. One crucial aspect of this process is the background check, which plays a significant role in both public safety and national security. USCIS has the responsibility of ensuring that individuals seeking U nonimmigrant status do not pose any danger to the United States or its citizens.
Background checks performed for U Visa BFD EAD applicants include fingerprinting, name checks, and security database screenings. These checks verify the applicant’s identity and assess any potential risks related to immigration benefits and national security. It is essential for applicants to cooperate with these checks by providing accurate information and submitting the necessary documents.
It’s important to note that receiving a BFD EAD and deferred action does not guarantee U nonimmigrant status eligibility when a visa becomes available under the statutory cap. Due to this, applicants must be prepared for a potentially lengthy wait for their U Visa application to be fully adjudicated and approved.
In conclusion, the adjudication process for U Visa BFD EAD applications is an essential step to ensure that noncitizens seeking relief through this program do not pose a threat to public safety or national security. Applicants should be aware of the background checks involved in this process and provide accurate information to facilitate this crucial aspect of their application.
Waiting List and BFD EADs
The U nonimmigrant status program has undergone changes, with the introduction of the Bona Fide Determination (BFD) process on June 14, 2021. This process impacts petitioners seeking U visas and Employment Authorization Documents (EADs) based on their U nonimmigrant status petitions.
A Bona Fide Determination provides an initial review of the eligibility for a U visa petitioner and their qualifying family members. BFD EADs, along with deferred action, are granted to eligible petitioners during this phase. Although the exact time frame for the BFD process has not been determined, it is designed to provide relief to petitioners waiting for their U visa adjudication^[1^].
The waiting list for U nonimmigrant status petitions exists due to a statutory cap on the number of U visas granted per fiscal year. Petitioners placed on the waiting list before June 14, 2021, will be adjudicated in receipt date order concurrently with those who recently received BFD EADs and deferred action^[2^].
USCIS typically does not conduct waiting list adjudications for noncitizens granted BFD EADs and deferred action. Instead, these petitioners’ next adjudicative step is final adjudication when space becomes available under the statutory cap^[3^].
In summary, the introduction of the BFD EAD process has created a new pathway for U nonimmigrant status petitioners and their qualifying family members. While it is unclear how long the BFD process will take, it offers some relief to petitioners and their families as they await their final adjudication for U nonimmigrant status.
Involvement of Law Enforcement
U visa applicants are required to be involved with law enforcement in order to assist with the investigation or prosecution of criminal activities. To achieve this, the applicant must acquire a law enforcement certification, which can be provided by various entities such as federal, state, or local law enforcement agencies, prosecutors, judges, and other authorities involved in the detection, investigation, or prosecution of crimes.
The purpose of this requirement is to ensure that individuals who have been victims of crimes and are willing to cooperate with law enforcement can receive temporary immigration relief. This, in turn, encourages victims to report crimes and contribute to a safer community by helping apprehend criminals.
Law enforcement agencies play a critical role in the U visa application process, as they are responsible for verifying the applicant’s cooperation in a criminal case. This is done by completing Form I-918, Supplement B, which is a certification that confirms the applicant has been helpful, is currently being helpful, or is likely to be helpful in the ongoing investigation or prosecution of the criminal activity they have suffered.
It is important to note that receiving a law enforcement certification does not guarantee approval of the U visa application, as USCIS still has the ultimate discretion in reviewing the application and making a final decision. However, this certification is a crucial component of the application and can significantly impact the outcome.
The involvement of law enforcement in the U visa process serves to foster a healthy relationship between crime victims and authorities, allowing for better communication and cooperation in addressing criminal activities. By providing temporary immigration benefits to victims who contribute to the investigation and the prosecution of violent criminals, the U visa program strengthens overall public safety and the rule of law.
Impact on Family Members
The U Visa Bona Fide Determination (BFD) process has a notable effect on the principal petitioners and their qualifying family members. To better understand its impact, we need to look into the changes brought by the BFD process, particularly concerning the Employment Authorization Document (EAD) and deferred action for U visa applicants. On June 14, 2021, USCIS announced its new policy to grant certain U visa petitioners a four-year Employment Authorization along with deferred action.
This policy change means that qualifying family members placed on the waiting list before this date do not need to go through the BFD process. They can already receive an EAD and deferred action. However, for petitions filed on or after June 14, 2021, the new BFD process applies to both principal petitioners and their family members.
The U visa provides various advantages such as temporary lawful status, employment authorization, and protection from removal. Not only do the principal petitioners benefit, but their family members also have the opportunity to obtain immigration status. This is especially significant for those residing in the United States without legal documentation or facing potential deportation.
One of the main goals of the new BFD policy is to provide EADs and deferred action to qualifying U nonimmigrant status petitioners who meet certain discretionary standards. This allows them to work legally and live without fear of removal while their petitions are pending. Consequently, this policy change is expected to positively impact the lives of qualifying family members by providing them with increased stability, enhanced self-sufficiency, and greater access to essential resources.
In conclusion, the U Visa BFD process plays a crucial role in enhancing the lives of principal petitioners and their eligible family members. It helps them access rightful work opportunities, lawful residency, and the security of being protected from deportation.
Security and Stability
The U visa Bona Fide Determination (BFD) process was designed to assist noncitizens who have been victims of significant crimes and to encourage their cooperation with law enforcement. In 2021, the United States Citizenship and Immigration Services (USCIS) implemented the bona fide determination process to potentially grant employment authorization to such individuals.
Employment authorization is a vital aspect for noncitizens as it offers a sense of security for their daily lives. It enables them to legally work in the United States, which not only helps facilitate their integration into society but also alleviates financial concerns. In addition to being allowed to work, noncitizens who receive a BFD approval may also be eligible for a four-year Employment Authorization Document (EAD).
For many noncitizens, obtaining an EAD is a crucial step towards establishing stability in their lives, particularly if they have faced traumatic experiences or crimes. The opportunity to legally work can empower them to rebuild their lives while they await the adjudication of their U visa petitions.
One of the crucial factors to consider is the processing time for the U visa BFD EAD. In 2022, the processing times for these applications can be found on the USCIS website. However, it’s essential to keep in mind that these processing times may vary depending on various factors, including USCIS workload and resource allocation. As such, there isn’t a one-size-fits-all answer to the exact processing time for each individual case.
In conclusion, the U visa BFD EAD process is designed to provide noncitizens with an opportunity to gain a sense of security and stability in their lives. By potentially granting employment authorization, individuals can rebuild their lives, contributing positively to their communities and fostering a safer environment for everyone. While processing times may differ, the benefits it brings to noncitizens and society at large are invaluable.
Supplements A and B
The U visa is a nonimmigrant status for victims of certain crimes who have suffered substantial mental or physical abuse and are willing to assist law enforcement in the investigation or prosecution of the criminal activity. Applicants for U nonimmigrant status must file Form I-918, Petition for U Nonimmigrant Status, along with Supplement A if they are applying for a qualifying family member (Form I-918, Supplement A) or Supplement B if they are applying for certification from a qualifying agency.
Supplement A focuses on establishing a qualifying family relationship for purposes of U nonimmigrant status. This includes relationships such as spouses, children, or other qualifying family members, depending on the applicant’s age and marital status. Applicants must provide credible evidence that demonstrates the familial relationship, including birth certificates or marriage certificates.
Supplement B is required to obtain a certification from a qualifying agency, which attests to the applicant’s helpfulness in the investigation or prosecution of the crime. The certifying agency may be a law enforcement agency, prosecutor’s office, or federal or state judge. This document serves as a key piece of evidence in the U visa petition to show that the applicant has assisted, is assisting, or is likely to be helpful in the investigation or prosecution of the crime.
The bona fide determination process for U visa applicants went into effect on June 14, 2021. It applies to all pending I-918 petitions and all I-918 petitions filed on or after June 14, 2021. The process aims to provide timely employment authorization and deferred action to eligible noncitizens with pending, bona fide U nonimmigrant status petitions.
In order to determine the bona fide determination, USCIS considers various factors, including but not limited to, the applicant’s credible evidence of victimization, the applicant’s helpfulness provided in the Supplement B certification, and the applicant’s eligibility for a waiver of inadmissibility if necessary.
While processing times for U visa applications, including the bona fide determination process and I-765 employment authorization, vary and are subject to factors like application volume and case complexity, it is essential for applicants to remain confident, knowledgeable, and proactive in gathering the necessary documentation and evidence for their case.
Case Tracking and Receipt Date
The U Visa Bona Fide Determination (BFD) process aims to provide a quicker path for obtaining Employment Authorization Documents (EAD) and deferred action for eligible applicants. This process applies to all pending I-918 petitions and those filed on or after June 14, 2021.
Applicants can track the processing times for their case through the USCIS Case Status Online portal. To do so, they will need to select their form, form category, and the service center processing their case. This information can be found on the receipt notice sent by USCIS.
Keep in mind that the actual processing times may vary depending on several factors, including the service center’s workload, the complexity of each case, and the availability of required information or evidence. It’s important to regularly check the processing times to get an accurate estimate of when your case might be adjudicated.
For U Visa BFD EADs, processing times can be influenced by the adjudication of Form I-765 categories (c14) and (c)(31) which are filed alongside the Form I-360 petition for an abused spouse or child of a U.S. citizen or lawful permanent resident. The adjudication of Form I-765 does not begin until USCIS has made a final decision on the Form I-360 petition.
The receipt date serves as a reference point for the order in which cases are being processed. Petitioners placed on the waiting list before June 14, 2021, will be adjudicated concurrently with those who received BFD EADs and deferred action, in the order of their receipt dates.
In conclusion, tracking your case and staying informed about the receipt date will help you get a better understanding of the U Visa BFD EAD processing times in 2022. Remember to maintain a patient and proactive approach during this process, as each case may have its unique circumstances that could impact the processing time.
U Visa Petitions and Victims of Crime
The U visa is a nonimmigrant status granted to 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. The U visa provides eligible victims with employment authorization and deferred action for a period of four years.
On June 14, 2021, the United States Citizenship and Immigration Services (USCIS) implemented a new policy to provide four-year Employment Authorization Documents (EADs) and deferred action status to certain U visa applicants and qualifying family members. This policy change was introduced to streamline the processing of U visa petitions and provide relief to victims awaiting their application approvals.
The Bona Fide Determination (BFD) process is employed to conduct initial reviews of U nonimmigrant status petitions more efficiently. This process allows USCIS to issue four-year EADs and deferred action to petitioners and qualifying family members whose petitions are deemed “bona fide,” instead of completing a full waiting list adjudication.
The most recent fiscal year data provides valuable insights into the processing time of U visa petitions and outcomes of the BFD review. By efficiently evaluating and processing these cases, USCIS aims to offer protection and support to the victims of qualifying crimes while they await their final adjudications.
In conclusion, the U visa program plays a crucial role in providing assistance and protection to victims of crime while helping law enforcement prosecutes those who commit such crimes. The recently introduced BFD process and policy updates aim to make the application process more efficient, enabling eligible victims to obtain necessary employment authorization and deferred action sooner.
Policy Manual and Prima Facie Approval
The U.S. Citizenship and Immigration Services (USCIS) Policy Manual contains guidance on the Bona Fide Determination (BFD) process for employment authorization for U Visa petitioners, which was introduced on June 14, 2021. The primary objective of the BFD process is to provide U Visa petitioners and qualifying family members with Employment Authorization Documents (EAD) and deferred action for four years, pending the final U nonimmigrant status adjudication.
USCIS conducts an initial review of Form I-918 to determine if the petitioner has established a prima facie case for approval, meaning the petition appears sufficient at first glance. This prima facie approval is granted when a BFD EAD is issued, indicating the petitioner has made a strong enough case for further consideration.
BFD applies to both currently pending I-918 petitions and those filed on or after June 14, 2021, when the new process was announced. While there is no specific timeline for receiving an EAD based on this process, the BFD review process has been underway since its introduction in 2021.
Throughout the four-year validity period of BFD EADs, petitioners and qualifying family members are required to maintain their eligibility for U nonimmigrant status until final adjudication. To ensure continued eligibility, USCIS reviews and updates background and security checks at regular intervals as of June 14, 2021.
During the waiting list adjudication process, USCIS may issue Requests for Evidence (RFE) if additional information is needed to establish the petitioner’s eligibility for the U Visa or to determine whether the petition is bona fide. It is important to respond to such requests promptly, as failure to do so may result in the denial of the petition and the loss of employment authorization privileges.
In summary, the Policy Manual provides guidance on USCIS’s Bona Fide Determination process and prima facie approval for U Visa petitioners. The process aims to facilitate employment authorization and deferred action while waiting for final adjudication on U nonimmigrant status, with ongoing eligibility maintenance and regular checkups.
Fees and Immigration Enforcement
The U visa Bona Fide Determination (BFD) process allows certain petitioners and their family members with pending U petitions to receive delayed action and work authorization while they await full adjudication1. In 2022, the processing time for Employment Authorization Document (EAD) for BFD applicants may have variations depending on several factors.
Regarding fees, USCIS does not charge any additional or separate fees for applicants who qualify for work authorization under the BFD process. However, the standard fees associated with filing a U visa petition and applying for an Employment Authorization Document must be considered. It is worth mentioning that applicants may be eligible for fee waivers if they can demonstrate financial hardship2.
In relation to Immigration and Customs Enforcement (ICE), it is essential for individuals eligible for a U visa to understand that being granted BFD status and an EAD does not guarantee complete protection from ICE enforcement actions. Nevertheless, deferred action as part of the BFD process typically reduces the likelihood of detention or deportation as long as the applicant maintains compliance with USCIS regulations3.
In conclusion, understanding the fees related to the U visa BFD EAD process, as well as the potential implications on immigration enforcement, is essential for applicants. Always seek professional guidance when navigating the complexities of the U visa application process.