New Bona Fide Determination (BFD) EAD for U Visa


On 06/14/2021, the U.S. Citizenship and Immigration Services is implementing a new process, referred to as Bona Fide Determination, which will give victims of crime in the United States to access to employment authorization sooner, providing them with stability and better equipping them to cooperate with and assist law enforcement investigations and prosecutions.


Through this new process, USCIS will issue employment authorization and grant deferred action to petitioners in the United States with pending U visa petitions that it determines are bona fide (made in good faith and without intention of deceit or fraud) and who merit a favorable exercise of discretion. To be considered bona fide, the petition must include a certification from law enforcement that the petitioner was a victim of a crime and that the victim has been, is being, or is likely to be helpful in the investigation or prosecution of that crime.


The USCIS will deem a U visa petition bona fide if:

  • The principal petitioner properly filed Form I-918, including Form I-918B certified by the authority

  • The principal petitioner properly filed a personal statement from the petitioner describing the facts of the victimization; and

  • The result of the principal petitioner's biometrics has been received.

The USCIS will issue employment authorization and deferred action if, after conducting and reviewing background checks, the agency determines, in its discretion, that petitioners merit a favorable exercise of discretion and do not pose a risk to national security or public safety.


This guidance is effective immediately and applies to all Form I-918 and Form I-918A petitions that are currently pending or filed on or after June 14, 2021.


Questions and Answers for the U Visa BFD EAD:


How long the U Visa BFD EAD is valid for?

  • 4 years

What's the difference of the C14 U Visa Deferred Action EAD and the U Visa BFD EAD?

  • They are from difference source of legal citations. C14 U Visa Deferred Action EAD is from 8 CFR 274a.12(c)(14). U Visa BFD EAD is from INA 214(p)(6).

  • They have different valid periods. C14 U Visa Deferred Action EAD is valid for 2 years. U Visa BFD EAD is valid for 4 years.

  • C14 U Visa Deferred Action EAD requires the USCIS to decide the filed U Visa petition is approvable. U Visa BFD EAD does not requires such judgement from the USCIS. Therefore, we can expect a much shorter adjudication period for U Visa BFD EAD.

Will my family members be qualified for the U Visa BFD EAD?

  • If your family members were included in your U Visa petitions as family members and they filed for I-765 Employment Authorization Application with the U.S. Citizenship and Immigration Services, they are also qualified for the 4-year U Visa BFD EAD.

Here is a copy of the official memo from the USCIS issued on 06/14/2021.

20210614-VictimsOfCrimes
.pdf
Download PDF • 382KB

If you are interested in filing the U Visa BFD EAD, you may email our office at customer@ailegallaw.com. Our office will respond you on the same day.


Disclaimer: The above content is published for the public education instead of providing legal advices. Should you have any specific questions, please schedule an attorney consultation with our office here or email us at customer@ailegallaw.com.




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