Archive -OVERVIEW OF THE NEW U NONIMMIGRANT (“U VISA”) BONA FIDE DETERMINATION

7/2021 On June 14, 2021, USCIS announced a new “bona fide determination” process whereby certain U petitioners and their family members with pending U petitions can receive four-year work authorization and deferred action while they wait for full adjudication. This process could be very good for many of the 270,000 folks who have filed for a U visa and are waiting – but there are many folks left out, and of course, much of this depends on how the process will be implemented. This practice advisory explains the process as we understand it based on current information and draws heavily on the new guidance published in the USCIS Policy Manual on the U
Nonimmigrant Bona Fide Determination at Volume 3, Part C, Chapter 5, 1 which should be consulted for more details and further legal citations.