USCIS Issues Policy Providing Further Protections for Victims of Crime

On June 14, 2021, the U.S. Citizenship and Immigration Services (USCIS) issued a News Release, advising that it would begin exercising its discretion to issue Employment Authorization Documents (EADs) to victims of crimes applying for U visas (U nonimmigrant classification).   The new process, referred to as a “Bona Fide Determination” will allow USCIS to issue discretionary EADs for valid for up to 4 years.  Previously, U applicants had to wait 5 years or longer for a determination on their applications to receive work authorization.   As a result, many applicants have been forced to work without authorization to support themselves while their applications.

Under the new policy USCIS will issue employment authorization and grant deferred action to petitioners in the United States with pending U visa petitions where it determines the claim is bona fide (made in good faith and without intention of deceit or fraud) and the applicant is deemed to be an individual who merits a favorable exercise of discretion. To be considered bona fide, the petition must include a certification from law enforcement that the petitioner was a victim of a crime and that the victim has been, is being, or is likely to be helpful in the investigation or prosecution of that crime. 

For more information and to review the complete policy, please visit the USCIS website.