U Visa BFD EAD Processing Time 2023: Quick Overview and Expectations

The U visa is a nonimmigrant status designed to protect victims of certain crime who have suffered mental or physical abuse and are willing to help law enforcement in the investigation or prosecution of the criminal activity. As part of the U visa application process, petitioners may be eligible for a Bona Fide Determination (BFD) Employment Authorization Document (EAD), which allows them to work legally in the United States while awaiting a decision on their U visa application. In 2021, the United States Citizenship and Immigration Services (USCIS) implemented a new process to issue BFD EADs for U visa petitioners and qualifying family members.

The BFD process, which went into effect on June 14, 2021, is an initial review of the U visa application to determine its bona fides. If USCIS deems the application to be bona fide, the agency will issue a BFD EAD and grant deferred action for four years to the petitioner as well as qualifying family members. However, it is crucial to note that processing times for U visa and BFD EAD applications can vary depending on multiple factors, and it remains uncertain in 2023 how long the BFD process will take on average.

Despite this uncertainty, understanding the U visa BFD EAD process can help petitioners and their families anticipate potential timelines and prepare accordingly. By keeping an eye on USCIS processing time updates and knowing the factors that may influence these times, applicants can better navigate the U visa and BFD EAD process in the coming years.

U Visa BFD EAD Processing Time 2023

Background and Significance

The U Visa Bona Fide Determination Employment Authorization Document (BFD EAD) is a crucial aspect of the U visa application process for qualified noncitizens who experience temporary relief and employment authorization while waiting for final approval of their U visa application. The United States Citizenship and Immigration Services (USCIS) introduced the bona fide determination process in June 2021, aiming to provide this form of assistance to individuals with pending, bona fide U nonimmigrant status petitions.

Timeline and Processing Time Estimates

As of 2023, it remains difficult to provide an exact timeframe for the BFD EAD processing time. Since its implementation in June 14, 2021, the BFD EAD review process has not established a consistent, predictable timeline for applicants. Factors that may affect processing times include the number of pending applications and the available resources at USCIS.

Given these uncertainties, it is crucial for applicants to frequently check the processing times on the USCIS website and inquire about their case status if it falls outside the normal processing time range.

Some key points to remember about the U Visa BFD EAD process include:

• USCIS has discretion to grant employment authorization and deferred action to noncitizens with pending, bona fide U nonimmigrant status petitions.
• The processing time for BFD EAD applications is not clearly established, and applicants should monitor their case status regularly.
• BFD EAD recipients are granted deferred action for the period of their BFD EAD.

In conclusion, understanding and staying informed about the U Visa BFD EAD processing times in 2023 is essential for applicants and their families. While the process does not guarantee a specific timeline, it is crucial for those affected to stay up to date, follow any developments, and utilize all available resources to navigate this complex process.

Filing and Application Process

Form I-918 and Supplement B

To begin the U visa application process, applicants must submit Form I-918, Petition for U Nonimmigrant Status. Along with Form I-918, a crucial part of the application is Form I-918 Supplement B, which is a certification provided by a designated law enforcement agency confirming the applicant’s helpfulness in the investigation or prosecution of certain criminal activities.

Personal Statement and Initial Evidence Requirements

Apart from Form I-918 and Supplement B, further documentation is required to be submitted for a successful U visa application. These include:

• A personal statement from the applicant describing the criminal activity they were a victim of and their cooperation with law enforcement.
• Initial evidence supporting the claims made in the personal statement, such as police reports, court documents, and affidavits from witnesses or experts.

It is essential to provide as much accurate and relevant information as possible to strengthen the application and increase the chances of a favorable exercise of discretion.

Form I-765 and Employment Authorization

Applicants seeking employment authorization while their U visa application is pending can submit a Form I-765, Application for Employment Authorization. This form can be filed along with the U visa petition or at a later time. Upon receiving a bona fide determination, applicants may be granted deferred action and a temporary EAD (Employment Authorization Document) while waiting for the full adjudication of their U nonimmigrant status petition.

The estimated processing time for Form I-765 varies, and it’s essential to keep track of the processing times for the most accurate information. USCIS processes applications in receipt date order.

Please note that background checks and fees might apply during the application process. Providing complete and accurate information, along with necessary supporting documents, is essential to ensure a smooth filing and application process. The U visa application process is designed to provide protection and assistance to victims of qualifying crimes who have cooperated with law enforcement. By understanding and adhering to the requirements, applicants can increase their chances of success in obtaining U nonimmigrant status and employment authorization.

Bona Fide Determination Process

Eligibility and Criteria

The Bona Fide Determination Process was introduced by USCIS on June 14, 2021 for U nonimmigrant status applicants, allowing eligible petitioners and their family members to receive deferred action and employment authorization while their U visa petitions are pending. To qualify for a Bona Fide Determination Employment Authorization Document (BFD EAD), applicants must have:

• A pending U nonimmigrant petition filed in good faith
• Provided required biometrics
• Received a favorable background and security check result
• An exercise of discretion granted by USCIS

Steps Involved in the Process

1. Filing the U visa petition: Applicants must file Form I-918 for U nonimmigrant status, accompanied by required evidence and information.
2. Biometrics: Once the petition is received, USCIS will schedule the applicant for biometrics collection, which are then used for background and security checks.
3. Bona Fide Determination: After the background and security checks, USCIS adjudicates the U visa petition, determining whether it was filed in good faith and meets the bona fide petition criteria.
4. BFD EAD issuance: If granted, the petitioner and qualifying family members receive a BFD EAD valid for four years, along with deferred action.

Impact of BFD on U Visa Petitioners

The Bona Fide Determination Process benefits U visa petitioners and their families in several ways:

• Employment authorization: It provides a temporary employment authorization for eligible petitioners and their qualifying family members during the extensive backlog of U visa petitions.
• Deferred action: Applicants with BFD EADs are granted deferred action, protecting them from removal during the validity period of their EAD.
• Reduced uncertainty and financial hardship: With the BFD EAD, petitioners can work legally, address basic needs, and support their families while waiting for a final decision on their U visa applications.

It is important to note that Bona Fide Determination and the issuance of a BFD EAD do not guarantee approval of U nonimmigrant status or prima facie approval. They are independent of the final adjudication of the U visa petition.

Waiting List and Adjudication

Placement on the Waiting List

The U.S. Citizenship and Immigration Services (USCIS) maintains a waiting list for U nonimmigrant visas, also known as U visas, due to the statutory cap of 10,000 visas per fiscal year. After reaching this cap, eligible U visa petitioners are placed on the waiting list and granted deferred action. This process includes both principal petitioners and their qualifying family members.

Placement on the waiting list is determined based on the receipt date order of pending U visa cases at the Vermont Service Center. Petitioners on the waiting list are considered for adjudication alongside those who receive bona fide determination EADs and deferred action.

Adjudication After Bona Fide Determination

The Bona Fide Determination (BFD) process for U visa applicants consists of assessing principal petitioners and their qualifying family members with pending, bona fide U nonimmigrant petitions, at the discretion of the USCIS. The BFD process is crucial for ensuring that U visa petitioners receive a fair adjudication.

Once a petitioner receives a positive bona fide determination, they may be granted an Employment Authorization Document (EAD) and deferred action. This allows them to legally work and reside in the United States while they await further processing of their U visa application.

The adjudication process ensures that individuals on the U visa waiting list and those with BFD-approved U visa applications are assessed concurrently. This helps maintain a more equitable system for all involved parties.

In conclusion, the U visa waiting list and adjudication process aim to provide a fair and consistent approach for petitioners and their qualifying family members seeking relief and protection under the U nonimmigrant visa program. The BFD process, combined with the application of receipt date order and waiting list placement, ensures that eligible applicants have the opportunity to obtain a U visa and work authorization in a timely manner.

Security and Background Checks

Significance and Benefits

Security and background checks play a vital role in the U Visa Bona Fide Determination (BFD) and Employment Authorization Document (EAD) application processes. Ensuring that applicants comply with the rules and regulations that pertain to U nonimmigrant status is of paramount importance for protecting national security and public safety. Performing these checks helps identify noncitizens who may pose a risk to national security or have a criminal history, including involvement in serious crimes such as murder, rape, sexual abuse, human trafficking, or drug-related offenses.

Thorough background checks can benefit both applicants and the larger community. For individuals granted U nonimmigrant status, it ensures that they have met the criteria outlined in the Immigration and Nationality Act (INA) for being a victim of a qualifying crime and cooperating with law enforcement. Furthermore, it allows eligible applicants to gain work authorization and, in some cases, a path to citizenship while minimizing potential threats to society.

Required Steps

During the U Visa BFD and EAD application processes, several components of the security and background checks are mandatory:

1. Biometric Information Collection: Applicants for U nonimmigrant status must submit their biometric information, which includes fingerprints, photographs, and signatures, to the United States Citizenship and Immigration Services (USCIS). This data helps verify their identity and is used for conducting background checks.
2. Supplement B Form: A key requirement in the U Visa application process is obtaining a completed and signed Supplement B Form from a qualifying law enforcement agency. This form confirms the applicant’s status as a victim of a qualifying crime and their cooperation with law enforcement in the investigation or prosecution of the crime.
3. Background and Security Checks: All U Visa applicants and their qualifying family members undergo thorough background checks, which involve searches in multiple databases to identify any criminal history or potential security threats. Some of the areas scrutinized include involvement in firearms or explosives trafficking, peonage, slavery, involuntary servitude, trafficking in persons, aggravated assault, child pornography, and narcotics.
4. INA 214(p)(6) Admissibility: Applicants for U nonimmigrant status must meet the admissibility criteria set forth by INA 214(p)(6). This provision prohibits granting U nonimmigrant status to individuals who pose a risk to national security, public safety or have a disqualifying criminal history.

In conclusion, the security and background checks carried out during the U Visa BFD and EAD application processes serve to protect both applicants and the community at large. Ensuring that applicants meet the eligibility requirements for U nonimmigrant status and do not pose a danger to national security or public safety is a critical component of this process.

Additional Information and Resources

How to Check Case Processing Times

To check the processing times for U Visa BFD EAD applications in 2023, you can visit the U.S. Citizenship and Immigration Services (USCIS) Case Processing Times webpage. On this page, you’ll need to select the appropriate form from the dropdown menu (Form I-918 for U Visa Petitions and Form I-765 for Employment Authorization). Keep in mind that processing times may fluctuate, so it’s essential to check this resource frequently for the most up-to-date information.

USCIS implemented the Bona Fide Determination (BFD) process to handle pending, bona fide U nonimmigrant status petitions. This includes the review and issuance of Employment Authorization Documents (EADs) for those who meet specific discretionary criteria.

Contact Information for USCIS

If you have questions about your U Visa BFD EAD application or any dependent applications, you can contact USCIS in several ways:

• USCIS Contact Center: You can call the USCIS Contact Center at 1-800-375-5283 for general inquiries or to speak with a representative about your case.
• Online Account: If you’ve created an online account for your Form I-918 or Form I-765 application, you can log in to your account to send a secure message to USCIS regarding your application.
• In-Person Assistance: You can schedule an appointment at a USCIS office for in-person assistance. Visit the USCIS website’s appointment scheduling page to set up a meeting.

For additional information about U Visa BFD EAD applications and their processing times, refer to the USCIS website or consult with an immigration attorney who specializes in this area of law. Staying informed about the latest updates and resources is crucial to ensure a smooth application process for both petitioner and dependents.

Frequently Asked Questions

U visa EAD approval time 2023

The U visa Employment Authorization Document (EAD) approval time for 2023 is not explicitly stated. However, USCIS states that they have discretion to provide employment authorization to noncitizens with pending, bona fide U nonimmigrant status petitions.

Processing time post biometrics

Processing time post biometrics varies depending on the applicant’s individual case. You can check the USCIS processing times and enter your receipt date to determine whether you can contact them with questions about your case.

BFD EAD for U visa

A Bona Fide Determination (BFD) EAD is granted based on the statutory authority to provide employment authorization to noncitizens with a pending bona fide petition for U Nonimmigrant Status.

U visa work permit news

For updated news and information on U visa work permits, it’s recommended to keep an eye on the USCIS website as well as reputable news sources.

U visa update 2023

For the latest updates on U visas in 2023, you can consult the USCIS website for information on employment-based adjustment of status and frequently asked questions.

I-765 processing time 2023

The I-765 processing time for 2023 may not be explicitly mentioned. However, you can estimate your processing time by checking the USCIS processing times page and entering your receipt date to assess if your case falls within the normal processing times or if you should contact them with questions about your case.