Bona fide review introduced for work authorization while U petitions are pending

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

Operative dateJune 14, 2021

CategoryHumanitarian and victim protection

Policy toolBona fide review and interim work authorization

Affected groupPrincipal u-status petitioners and qualifying family members meeting bona fide and discretionary standards

Policy effect

From June 14, 2021, USCIS introduced an initial bona fide review process for pending and newly filed Form I-918 petitions, allowing qualifying U-status petitioners and qualifying family members to receive four-year Employment Authorization Documents and deferred action before a full waiting-list adjudication. A bona fide principal petition was followed by national-security and public-safety checks and a decision on favorable discretion. Recipients generally proceeded next to final U-status adjudication when a visa became available; background checks continued during the interim. Petitioners not granted this benefit proceeded to full waiting-list adjudication. The interim benefit was not a grant of U nonimmigrant status.

Conditions and exceptions

Validated condition or limit: From June 14, 2021, USCIS introduced an initial bona fide review process for pending and newly filed Form I-918 petitions, allowing qualifying U-status petitioners and qualifying family members to receive four-year Employment Authorization Documents and deferred action before a full waiting-list adjudication.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… fying Crimes, and Employment Authorization and Deferred Action for Certain Petitioners Page: 2 Due to drastic increases in the volume of U nonimmigrant petitions and a growing backlog awaiting placement on the waiting list or final adjudication, USCIS has decided to exercise its discretion under INA 214(p)(6) to conduct bona fide determinations (BFD) and provide EADs and deferred action to noncitizens with pending, bona fide petitions who meet certain discretionary standards. 7 This guidance, contained in Volume 3 of the Policy Manual, updates and replaces Chapter 39.1(d)(2) and (f) of the Adj … udicator’s Field Manual (AFM), as well as the AFM’s related appendices, and related policy memoranda. USCIS is implementing this guidance immediately and the guidance applies to all Form I-918 petitions that are currently pending, or filed on or after June 14, 2021. 8 The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance. Policy Highlights • Provides that USCIS conducts an initial review of Form I-918 and will issue BFD EADs and deferred action for 4 years to petitioners for U nonimmigrant status and qualifying family members if USCIS deems their … petition “bona fide”, instead of completing a full waiting list adjudication. • Clarifies that, if USCIS determines the principal petition is bona fide, USCIS will then determine whether the principal petitioner poses a risk to national security 9 or public safety, and finally, whether the principal petitioner warrants a favorable exercise of discretion to receive employment authorization under INA 214(p)(6) and deferred action. • Explains that those who do not receive a BFD EAD under this initial review will proceed to the full waiting list adjudication and, if their petitions are approvable, … U.S. Citizenship and Immigration Services Office of the Director Camp Springs, MD 20588-0009 June 14, 2021 PA-2021-13 Policy Alert SUBJECT: Bona Fide Determination Process for Victims of Qualifying Crimes, and Employment Authorization and Deferred Action for Certain Petitioners Purpose U.S. Citizenship and Immigration Services (USCIS) is publishing guidance in the USCIS Policy Manual 1 on employment authorization and deferred action for principal petitioners for U nonimmigrant status and qualifying family members with pending, bona fide petitions. 2 Background U nonimmigrant status is availabl …

U.S. Citizenship and Immigration ServicesPOLICY ALERT - Bona Fide Determination Process for Victims of Qualifying Crimes, and Employment Authorization and Deferred Action for Certain PetitionersOpen official source

Retrieved from https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20210614-VictimsOfCrimes.pdf

Review method

Two separate automated exact-claim source reviews

Automated source validation is not independent human legal review. The finding should not be treated as legal advice. Record fcp-120f094863be207019e2. Something wrong? Flag this record.

Bona fide review introduced for work authorization while U petitions are pending

Policy effect

Conditions and exceptions

Official source excerpt

Review method

Other United States changes operative in 2021