U-Visa petitioners have faced an extensive backlog in the Adjudication of their U-1 Applications. Due to such a backlog, USCIS has decided to exercise its discretion and provide EAD and Deferred action to non-citizens with pending, bona fide u-visa petitions.
How will this work?
- USCIS will conduct an initial review of Form I0918 and will issue BFD EADs and deferred action for 4 years to petitioners of U-visa and qualifying family members (if USCIS deems their petition bona fide).
This means that if this discretion is granted the principal applicant, and qualifying family members will receive a 4-year EAD (work authorization). However, they will have to wait on the waiting list for the final adjudication for u-visa status under the final statutory cap.
