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USCIS Publishes Policy Manual Alert Regarding the Issuance of Work Authorization for Individuals with Pending U Visa Cases

USCIS Publishes Policy Manual Alert Regarding the Issuance of Work Authorization for Individuals with Pending U Visa Cases
June 18, 2021

On June 14, 2021 USCIS announced that it would begin to issue employment authorization documents for individuals who have a bona fide pending U visa application. Work authorization will be issued both for principal and derivative applicants. The policy applies to all U visa applications (Form I-918) that were pending on June 14, 2021 and those that are filed on or after that date. In order to be eligible for work authorization under this policy, the applicant’s filed application must include Form I-918, Form I-918B, and a signed statement by the applicant. USCIS must also have received the biometrics from the principal applicant. USCIS will then review the applicant’s background check to determine if the individual poses a national security or public safety risk, and to analyze any other relevant discretionary factors. If USCIS finds that the U visa petition is bona fide, it will issue a 4-year employment authorization document for the principal and derivative applicants.

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