U Visa Work Permit Waiting Time 2022: How To Reduce Wait Times

The U visa is a nonimmigrant visa category for victims of certain crimes who have suffered mental or physical abuse and are willing to assist law enforcement in the investigation or prosecution of those crimes. In 2022, applicants for this visa may face longer waiting times for work permit approval. While the government has taken steps to address the backlog, the waiting period can still be extensive due to the high number of applications and limited annual visa cap.

In June 2021, U.S. Citizenship and Immigration Services (USCIS) updated its policy to allow certain U nonimmigrant visa applicants to obtain an employment authorization document, or "work permit." This effort aimed to help alleviate the long wait times faced by applicants while they wait for their U visa adjudication. Nevertheless, applicants should be prepared for multi-year waits for their U visa to be processed and additional delays in obtaining a work permit.

Understanding the current waiting times and keeping informed of any changes in the processing of U visas is crucial for applicants in 2022. They should weigh the pros and cons of applying for a U visa in light of these extended waiting periods and consult with an experienced immigration attorney for guidance on their specific circumstances.

How To Reduce The U Visa Work Permit Waiting Time

If you are waiting for your UVisa, a service is now available that helps to drastically reduce the time you wait to receive your work permit.

Pro Se Pro, a company dedicated to helping immigrants reduce their waiting times, has partnered with Banias Law to create a service to receive your BFD EAD in 60 to 90 days. Recent customers are averaging around 37 days to receive their work permit.

The service provides assistance to help create a Pro Se case to submit to the US Government to demand a response to your U Visa application. The Government legally must respond within 60 days of receipt of the Pro Se complaint, so customers are seeing great success and fast response times.

Banias Law worked to assist Pro Se Pro with this case type because they believe these are high settlement cases that rarely require the involvement of an attorney. Applicants can take action and get faster and better results than waiting on a traditional attorney.

Pro Se Pro does not represent you because they are not a law firm, but they provide assistance to file your case and support you throughout the process.

If you are ready to take action and file a demand for your work authorization, Pro Se Pro is ready to help you get your work authorization.

Understanding U Visa

The U Visa is a nonimmigrant status designed to provide temporary legal residency and work authorization for victims of certain qualifying crimes who have suffered substantial mental or physical abuse. These victims are required to cooperate with law enforcement in the investigation or prosecution of the criminal activity. The primary goal of the U Visa is to strengthen the ability of law enforcement agencies to investigate and prosecute cases, while providing protection and support to the victims involved.

To apply for a U Visa, a victim must first file a Petition for U Nonimmigrant Status, which includes providing a certification from a law enforcement agency that confirms the applicant's cooperation in the criminal investigation or prosecution. It is important to note that obtaining a U Visa is not solely based on being a victim of crime; the applicant must also meet the eligibility requirements and follow the proper application process.

Some of the key factors that determine eligibility for a U Visa include:

• The person must have been a victim of a qualifying crime
• The person must possess credible information about the criminal activity
• The person must have suffered substantial physical or mental abuse as a result of the crime
• The person must be willing to cooperate with law enforcement in the investigation or prosecution of the crime

Upon approval of a U Visa petition, recipients are granted temporary residency in the United States, allowing them to work legally for up to four years. Additionally, after three years of continuous presence in the country, U-visa holders may be eligible to apply for lawful permanent resident status (a green card).

One of the major challenges faced by U Visa applicants in 2022 is the considerable waiting times due to processing backlogs and the statutory cap of 10,000 U Visas issued annually. In an effort to address these delays, the Biden administration has implemented policies to speed up the process for issuing temporary work permits, allowing applicants to remain safely in the U.S. and protecting them from deportation.

U Visa Work Permit Processing Time in 2022

The processing time for U visa work permits has seen significant changes in 2022. USCIS has updated its policy manual in an attempt to address the growing backlog of cases and to provide relief for applicants. This development has brought about varying processing times based on certain factors.

One significant change in 2022 is the introduction of an opportunity for certain U nonimmigrant visa applicants to obtain an employment authorization document, also known as a work permit. This update, which took place on June 14, 2021, aimed to provide some assistance to applicants as they wait for their petitions to be approved.

The U visa program, designed to offer protection to eligible victims of crimes who are willing to cooperate with law enforcement, has a yearly statutory cap of 10,000 visas. With the number of approved applications exceeding this cap, applicants face a multi-year wait for U visa adjudication and additional waiting time before a visa is issued due to the cap limitation.

Factors that influence U visa work permit processing times include the type of application, the applicant's priority date, and the specific service center handling the petition. While processing times can vary widely, in 2022, the general trend has seen an increase in wait times for both petition approval and work permit issuance.

USCIS maintains an online resource that allows applicants to monitor processing times by inputting their form number and service center. This tool can be helpful for those wishing to check their case status and obtain a more accurate estimate of their processing time.

In conclusion, the processing times for U visa work permits in 2022 have been affected by various factors, including the growing backlog of cases and the updated USCIS policies. It is important for applicants to stay informed about their case progress and to utilize available resources to better understand the current state of their petition and work permit approval.

Work Permit and Employment Authorization

The U visa work permit waiting time has seen some significant changes in 2022. The U.S. Citizenship and Immigration Services (USCIS) updated its Policy Manual in June 2021, allowing certain U visa applicants to obtain an employment authorization document (EAD), commonly known as a work permit. Before this update, individuals had to wait for the approval of their U visa application to be eligible for a work permit.

This new policy enables applicants with bona fide U visa applications and a favorable exercise of discretion to receive work permits early. The term "bona fide" refers to applications made in good faith without any intention of deceit or fraud. This change aims to support applicants during the lengthy adjudication process and allow them to start working sooner.

To obtain work authorization, eligible applicants need to submit Form I-765, Application for Employment Authorization, to USCIS. This form is specifically designed for U visa petitioners who wish to apply for an EAD.

As processing times may vary, it is crucial for applicants to stay informed and regularly check the status of their applications with USCIS. The official processing times website offers helpful insights into the estimated waiting period for initial and renewal EAD applications based on the applicant's category.

In summary, the updated policy for U visa work permit waiting time in 2022 shows significant progress in offering employment authorization to qualifying applicants. By streamlining the work permit process, USCIS aims to better support the needs of U visa petitioners while working toward more efficient immigration processes.

Eligibility and Application Process

The U visa is designed to aid noncitizens who have experienced certain types of criminal activity and have been helpful to law enforcement in the investigation of those crimes. To be eligible for a U visa, the applicant must meet certain criteria, such as being a victim of a qualifying criminal activity, suffering substantial physical or mental abuse as a result, and being helpful to law enforcement in the investigation or prosecution of the crime.

To apply for U nonimmigrant status, an eligible noncitizen should file Form I-918, Petition for U Nonimmigrant Status. This form serves as the primary means for petitioners to demonstrate their eligibility and request the specific immigration benefits associated with the U visa. In addition to the main form, the applicant should also submit a supplementary Form I-918, Supplement B, a certification from a qualifying law enforcement agency validating the petitioner's helpfulness during the investigation.

The U visa application process can be lengthy, with waiting times ranging from 12 to 18 months. However, this process may be prolonged if the application is not filled out correctly or if additional documentation is needed. Due to the statutory cap of 10,000 U visas issued per year, there has been a significant backlog of applicants waiting for a decision on their petitions. In 2022, the waiting times for U visa work permits are still considerable, causing challenges for those relying on the U visa to stabilize their lives in the US.

High volumes of applications have also led to longer wait times for U visa petitioners to receive a determination to be granted work permits or deferred action. As of November 2020, there were 161,708 U visa applications pending with the United States Citizenship and Immigration Services (USCIS).

It is essential for applicants to ensure that their U visa applications are thorough, accurate, and supported by all necessary documentation. This can help minimize any delays in the processing of their petition and increase their chances of securing the immigration benefits associated with U nonimmigrant status.

Bona Fide Determination and Deferment

The Bona Fide Determination process is a significant update in U visa policy, designed to offer quicker work permit access to U visa applicants. This process aims to alleviate long wait times for work permits and visa approvals while ensuring the validity of the applicants' cases 1.

Bona fide determination involves an analysis of the applicant's background checks and petition details. This comprehensive assessment ensures that genuine U visa applicants are prioritized, while cases with discrepancies or concerns undergo closer scrutiny 2. Upon successful completion of the bona fide determination, applicants become eligible for deferred action.

Deferred action is a temporary protection from deportation proceedings, granted to individuals with pending U visa applications. Accompanying this deferred action status is the authorization for employment, allowing applicants to work legally in the United States 3. This provides much-needed relief for those who have been waiting for years to receive their work permits and visa approvals 4.

The Bona Fide Determination process typically follows a receipt date order, beginning with the oldest pending petitions that had not already gone through a waiting list adjudication as of June 14, 2021 5. It is crucial to note that although this process aims to expedite work permit access, extended wait times may still be encountered due to ongoing case backlogs at USCIS.

Overall, the Bona Fide Determination and Deferment play critical roles in ensuring a fair and timely process for U visa applicants. With improved efficiency and protection measures for genuine applicants, the U visa system will continue to evolve and cater more effectively to those in need 6.

Crimes and Prosecution

The U visa program serves as a valuable resource for noncitizens who have experienced certain crimes and are cooperating with law enforcement in the investigation or prosecution of these criminal activities. Applicants who qualify for a U visa can benefit from temporary immigration status and work authorization in the United States. However, in 2022, individuals seeking U visa work permits continue to encounter lengthy waiting times due to processing backlogs and the capped annual limit of 10,000 U visas.

Victims of qualifying crimes must show substantial mental or physical abuse and assist in the investigation or prosecution of the criminal activity. Eligible crimes include, but are not limited to, domestic violence, sexual assault, kidnapping, slave trade, and human trafficking. Cooperation with law enforcement and prosecutors is essential for U visa eligibility. This cooperation helps bolster the efficiency of the legal system in addressing severe crimes and increases the effectiveness of investigations and prosecutions.

It's important to note that not all crimes qualify for U visa eligibility. Only certain crimes specified by the USCIS will permit noncitizen victims to apply for U visa protection. It's also crucial to understand that obtaining a U visa does not guarantee a path to permanent residency. While it can provide temporary relief and work authorization, applicants must still pursue a separate process for adjusting their immigration status if they desire permanent residency.

During this time, applicants face significant waiting times for their U visa work permits. With the current backlog, some applicants need to wait 5-6 years before receiving authorization to work. To alleviate some of this waiting time, the White House recently announced a change in policy: those with pending U visa applications will have their cases preliminarily reviewed, and if deemed "bona fide," they may receive work permits at an earlier stage.

Form I-765 and Renewal Process

The Form I-765, also known as the Application for Employment Authorization, is used by U visa applicants to request employment authorization while waiting for their U visa petition to be approved. This allows noncitizens living in the United States to work legally during the processing period.

When it comes to the renewal of the employment authorization, applicants should pay attention to the deadlines and requirements to ensure timely submission and continued eligibility for work authorization. To renew the employment authorization, applicants must submit a new Form I-765, along with the required supporting documents and fees, if applicable, before the expiration of their current Employment Authorization Document (EAD).

Timing of renewal filings is crucial for maintaining continuous work authorization. Applicants should file their renewal applications as early as possible, preferably around 180 days before the expiration of their current EAD. Failure to timely file the renewal application may result in a lapse of work authorization, which could hinder applicants' ability to secure or maintain employment in the United States.

It is worth noting that certain renewal applications may be eligible for an Automatic Employment Authorization Document (EAD) Extension. This extension applies to individuals who file their Form I-765 renewal application between May 4, 2022, and Oct. 26, 2023. If the renewal application is filed after Oct. 26, 2023, the normal 180-day automatic extension period will apply. Proper understanding of these nuances is key to ensuring a seamless renewal process.

In conclusion, U visa applicants seeking work authorization must file Form I-765 and follow the appropriate renewal processes to maintain their eligibility to work while awaiting their visa approval. Timely submission of renewal applications and attention to important filing deadlines are critical aspects of a successful work authorization process.

Disclaimer: The above is a sponsored post, the views expressed are those of the sponsor/author and do not represent the stand and views of Outlook Editorial.