Can you work in the United States with a pending U visa petition?

Can you work in the United States with a pending U visa petition?

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USCIS is in the process of publishing new guidance in its Policy Manual on employment authorization for individuals with pending, bona fide U Visa petitions as well as their qualifying relatives. Let’s first provide a general description of the U Visa and how it works. 

The U nonimmigrant status, also known as the U visa, is offered to victims of certain crimes who have suffered mental or physical abuse but were helpful to law enforcement or government officials in the United States to investigate or prosecute criminal activity.

Immigrants holding a U visa may stay in the country for up to four years. After three years of continuous presence in the United States, they may adjust their status to become a lawful permanent resident and obtain a Green Card. But, can you apply for a job?

According to the USCIS (United States Citizenship and Immigration Services), a noncitizen granted U-1 nonimmigrant status as a principal petitioner is authorized to work. Therefore, USCIS will automatically issue an Employment Authorization Document, EAD, upon the approval of the U visa.

U visa waiting list

U visas have a limit. Only 10,000 are issued every year, and the cap is often reached before the year ends. If this happens, you are put on a waiting list. However, you can obtain, as a matter of discretion, authorization for employment by USCIS while you are on the waiting list (this authorization can also be extended to qualifying family members) .

Those with pending U Visa petitions can now apply for employment authorization.

USCIS will now begin conducting an initial review of pending U Visa applications. 

This is called bona fide determination (“BFD”), which provides EADs and deferred action to noncitizens with pending bona fide petitions who meet specific discretionary standards, and issue BFD EAD and deferred action to petitioners for U nonimmigrant status and qualifying family members if they deem that the petition is “bona fide,” rather than waiting in the adjudication list.

Also, USCIS will determine whether the petitioner for the U visa poses a risk to national security or public safety after the petition is determined to be bona fide.

If someone does not receive a BFD EAD under this initial review, they will proceed to the full waiting list adjudication for a U visa.

How long will it take for a U Visa holder to obtain a Green Card?

The process for a Green Card to be approved for U visa holders can vary from case to case, but generally, the process takes up to one or two years. Some of the requirements a person must meet are:

• The applicant was lawfully admitted into the United States under U nonimmigrant status;
• The applicant is currently in the United States with valid U nonimmigrant status;
• The applicant has maintained a continuous physical presence in the United States for at least three years since admission into the country as a U nonimmigrant;
• The applicant has not unreasonably refused to assist law enforcement and government officials in the investigation or prosecution of their case;
• The applicant is not considered inadmissible to the United States under INA;
• The applicant’s continued residence in the United States is justifiable;
• The applicant merits a favorable exercise of discretion.

If you have any questions about the U visa or any other type of visa, contact Kannan Law, an immigration attorney. Here, we will be able to answer your questions and guide you through your path to citizenship.