![]() ![]() We published the new bona fide determination process in the USCIS Policy Manual on June 14, 2021, and began adjudicating and issuing Employment Authorization Documents shortly thereafter. When did USCIS begin implementing the bona fide determination process?Ī3. Principal petitioners and qualifying family members living outside of the United States are not considered for a bona fide determination because we cannot provide deferred action or employment authorization to petitioners outside the United States. This policy applies to all Form I-918 petitions pending as of June 14, 2021, filed by principal petitioners and qualifying family members living in the United States, as well as Form I-918 petitions filed on or after this date by principal petitioners and their qualifying family members living in the United States. Who does the bona fide determination process apply to?Ī2. This will provide victims with stability and better equip them to cooperate with and assist law enforcement. In June 2021, we implemented the bona fide determination process with the goal of conducting initial reviews of U nonimmigrant status petitions more efficiently and providing eligible victims of qualifying crimes with employment authorization and deferred action while they await a final adjudication of their petition for U nonimmigrant status under the annual statutory cap. By statute, USCIS has discretion to provide employment authorization to noncitizens with pending, bona fide U nonimmigrant status petitions. What is the bona fide determination process?Ī1. If you are an alien and are a victim of a qualifying criminal activity, use this form to petition for temporary immigration benefits for yourself and your qualifying family members, as appropriate. This will make the Form I-765 and U visa bona fide determination process more efficient.įor more information on the bona fide determination process, please visit the USCIS Policy Manual. You should only file Form I-765 after you have received notification from us, or when this page indicates we are reviewing petitions for the fiscal year of your receipt date. We will post which fiscal year we are reviewing for bona fide determinations on our Form I-918 page. You (and your family members) also may file your Form I-765 when we are reviewing petitions from the fiscal year you filed your Form I-918. We will notify you if you must file Form I-765 after we determine your pending Form I-918, Petition for U Nonimmigrant Status, is bona fide. If you need to file Form I-765 to receive a bona fide determination Employment Authorization Document Notice informing you of the bona fide determination decision for your case.29, 2021, and you did not refile, please resubmit your Form I-765 along with the: ![]() If we rejected your Form I-765 filed under the (c)(14) eligibility category from June 14 through Sept.
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