All U Visa Applicants with pending U Visas can apply for EAD (Work permit) if their petitions are found bona fide by USCIS:

  1. The principal petitioner properly filed Form I-918, including Form I-918B U Nonimmigrant Status Certification
  2. The principal petitioner properly filed a personal statement from the petitioner describing the facts of the victimization; and 
  3. The result of the principal petitioner’s biometrics has been received.

USCIS will issue employment authorization and deferred action if, after conducting and reviewing background checks, the agency determines, in its discretion, that petitioners merit a favorable exercise of discretion and do not pose a risk to national security or public safety. 

This guidance is effective immediately and applies to all Form I-918 and Form I-918A petitions that are currently pending or filed on or after June 14, 2021. 

This Deferred Action will be granted immediately and Applicants need not wait 4.5 to 5 years, as was the rule until yesterday.

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