USCIS announced on Friday, August 11, that it is updating the USCIS Policy Manual to allow the agency to review Form I-918, Supplement A, Petition for Qualifying Family Member of a U-1 Recipient, and determine whether a qualifying family member is bona fide as soon as the principal petitioner receives a bona fide determination, even if the principal petitioner has not filed Form I-765, Application for Employment Authorization. If the qualifying family member has already filed Form I-765, they also may adjudicate that application.
Under previous policy guidance, USCIS would not consider qualifying family members for a bona fide determination until the principal U nonimmigrant status petitioner received an Employment Authorization Document (EAD) as part of the bona fide determination process.
This updated guidance is effective immediately and applies to all petitions for U nonimmigrant status that are currently pending or filed on or after Aug. 11.
Erickson Insights & Analysis
U nonimmigrant status is available to noncitizens who have been victims of certain crimes and who are, have been, or are likely to be helpful to law enforcement prosecuting or investigating those crimes. U nonimmigrant status is also available to qualifying family members of the principal petitioner.
USCIS encourages principal petitioners and qualifying family members to submit Form I-765 concurrently with their Form I-918 or Form I-918A, to allow USCIS to act efficiently on these cases when they are current for consideration under the bona fide determination process. There is no fee for an initial EAD under the bona fide determination process.
Erickson Immigration Group will continue to share updates as more news is available. If you have questions about anything we’re reporting above or case-specific questions, please contact your employer or EIG attorney.