U Visa Work Permit Processing Time: An Insightful Overview

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. One of the major benefits of obtaining a U visa is the accompanying work permit, allowing the victim and their qualifying family members to legally work in the United States.

The processing time for U visa work permits can be lengthy and varies due to several factors, such as the number of applications received and the individual circumstances of each case. As of 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. It’s important for applicants to remain informed and prepared throughout the process to ensure a smooth journey toward obtaining work authorization and U nonimmigrant status.

U Visa Work Permit Overview

The U Visa is a nonimmigrant visa designed for victims of certain crimes committed in the United States. This visa provides temporary legal status, work authorization, and a pathway to permanent residency for eligible individuals. On June 14, 2021, a new policy was introduced that allows U Visa applicants to obtain work permits earlier in the application process.

Under this new policy, U Visa applicants whose petitions have been determined to be bona fide and demonstrated that a favorable exercise of discretion is warranted can receive work permits. In this context, “bona fide” is defined as “in good faith and without intention of deceit or fraud.”

The bona fide determination (BFD) review process began on June 14, 2021 and applies to all currently pending I-918 petitions as well as those filed on or after this date. USCIS has started adjudicating pending non-waitlisted petitions for bona fide determinations in receipt date order, according to the USCIS records.

It is essential to note that U Visa processing times can vary significantly, with a median processing time of 50.9 months from receipt of a U Visa petition until placement on the waiting list, and another 10.0 months for a final adjudication, as reported in the fourth quarter of FY 2020. However, the new policy allowing early access to work permits can make a significant difference for applicants and their families as they navigate the lengthy process.

U Visa Work Permit Processing Time Factors

U.S. Citizenship and Immigration Services (USCIS) Workload

The processing time for U visa work permits can be influenced by the workload of the U.S. Citizenship and Immigration Services (USCIS). As the demand for U visas increases, the processing time may be affected due to the limited resources and staff available at USCIS. It is essential to keep in mind that processing times can vary, and it is crucial to regularly check the USCIS Processing Times for the most accurate information.

Pending Applications

Another factor that can impact the processing time for U visa work permits is the number of pending applications. High volumes of pending applications can create a backlog, leading to longer wait times for applicants. According to a USCIS report, 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.

Individual Case Complexities

Each U visa application is unique, and the complexity of an individual case can impact the processing time. Cases requiring additional documentation, interviews, or background checks may take longer to process than more straightforward applications. Applicants who are proactive in providing accurate and complete information can help expedite the process by reducing the likelihood of delays caused by requests for additional information or clarifications.

In summary, the processing time for U visa work permits can be influenced by factors such as USCIS workload, pending applications, and individual case complexities. While there is no guaranteed timeline for approval, being aware of these factors and staying informed about the current processing times can help applicants better manage their expectations and prepare for the application process.

Applying for a U Visa Work Permit

Eligibility Requirements

To be eligible for a U Visa work permit, applicants must meet certain criteria. They must be a victim of a qualifying criminal activity and have suffered substantial physical or mental abuse due to the crime. Additionally, the applicant must have useful information about the crime they experienced and be willing to assist law enforcement in investigating or prosecuting the case. Applicants must also be admissible to the United States or obtain a waiver for any grounds of inadmissibility.

Required Documents and Forms

Applying for a U Visa work permit involves submitting several important documents and forms. Firstly, the applicant must complete Form I-918, Petition for U Nonimmigrant Status. This form establishes the applicant’s eligibility for a U Visa. The applicant should also submit Form I-918, Supplement B, which is a certification from a qualifying agency, proving their helpfulness in the investigation or prosecution of the criminal activity.

In addition to these forms, applicants should also submit a personal statement describing their experience with the crime and its impact on their life. They must also provide evidence to support their claim of substantial physical or mental abuse, such as medical records, police reports, or court documents.

To apply for a work permit concurrently with the U Visa application, applicants should file Form I-765, Application for Employment Authorization. The employment authorization will be granted automatically upon approval of the U Visa (source).

Under the new policy, eligible U Visa applicants can receive a work permit valid for four years without an extensive wait time (source). However, USCIS does not have sufficient data to provide a concrete processing time estimation for the new procedures (source).

U Visa Work Permit Renewals

The U visa work permit renewal process involves filing the I-765 form and submitting the necessary supporting documents. The processing time for U visa work permit renewals may vary depending on several factors, including the workload of the United States Citizenship and Immigration Services (USCIS) and the specific details of the application. You can refer to the USCIS processing times website to get an idea of the processing time for similar applications.

Under a new policy update that took effect on June 14, 2021, U visa applicants who have been deemed to have a bona fide application and demonstrate that a favorable exercise of discretion is warranted can now get work permits earlier in the process. “Bona Fide” means “in good faith and without intention of deceit or fraud.” You can learn more about this policy update from a blog post on Lee Immigration Law Group’s website.

To renew a U visa work permit, applicants will need to:

• File the I-765 form, which is an application for employment authorization,
• Submit any required supporting documents to prove eligibility for renewal of the work permit,
• Pay the applicable I-765 filing fee or apply for a fee waiver if eligible.

It is important to file your renewal application well before the expiration date of your current work permit. In some cases, there might be a temporary automatic extension available for the employment authorization document (EAD) in 2023. Details about this temporary extension can be found on the immi-usa.com website.

Remember to keep all submitted documents, forms, and payment information organized and up-to-date to ensure smoother processing times. The USCIS may request additional evidence or interviews as needed, making it crucial to respond promptly and accurately to all requests.

Possible Delays in Work Permit Processing

The processing times for U visa work permits have experienced significant delays in recent years. The estimated wait time for a work permit has risen to eight to 12 months, up from about three months in 2020.

One reason for these delays is the increase in the number of applicants for U visas, which offer a pathway to permanent residency for victims of qualifying crimes. As a result, U.S. Citizenship and Immigration Services (USCIS) has struggled to keep up with demand. 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 to final adjudication was 10.0 months.

To help alleviate some of the burden on applicants, USCIS implemented a policy change on June 14, 2021, to allow eligible U visa applicants to obtain an employment authorization document or work permit while they wait for their U visa petition to be processed. This change aims to provide relief to applicants facing prolonged wait times.

Despite these efforts, USCIS has not yet provided an estimated processing time for the bona fide determination process, which is currently being employed to expedite the initial review of pending U petitions. According to USCIS, there is insufficient data available at this stage to offer an accurate estimate.

As USCIS continues to adapt to the challenges posed by increased U visa demand and work permit processing, applicants should be prepared for possible further delays in obtaining their work permits.

Conclusion

The U visa work permit processing time has been a significant concern for applicants. However, a new policy implemented on June 14, 2021, allows U visa applicants to obtain work permits earlier. The government now grants work permits to petitioners whose U visa applications are determined to be bona fide and who demonstrate that favorable exercise of discretion is warranted.

This updated policy aims to address the unprecedented wait times that U visa applicants have faced over the last few years. On average, the median processing time from receipt of a U visa principal petition until placement on the waiting list was 10.0 months, while the median processing time from waitlist placement until final adjudication was 17.3 months.

Offering work permits to eligible applicants not only eases the burden on applicants but also benefits the U.S. economy. By granting employment authorization to skilled and capable individuals, the country can utilize the talents and skills of these workers, contributing to overall economic growth.

In conclusion, the updated policy for U visa work permit processing times is a positive development for applicants and the U.S. economy. It not only helps to alleviate the long wait times faced by applicants but also taps into a valuable resource – contributing to the country’s economic development.