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Revised USCIS policy tightens protections for crime victims
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Posted on Jun 17 2021
U.S. Citizenship and Immigration Services is updating the USCIS Policy Manual by introducing a new employment authorization process for petitioners for U nonimmigrant status —or U visa—with pending bona fide petitions who meet certain discretionary standards. This new process will allow eligible petitioners access to more timely employment authorization, which will provide these victims of crime more stability as they rebuild their lives, and will better equip them to cooperate with and assist law enforcement in investigating and prosecuting crime.
Currently, U visa petitioners are waiting at least five years before receiving a decision permitting them access to an employment authorization document. During this wait time, they face vulnerabilities, such as financial instability and fear of deportation. Through this policy update, victims will receive, without extensive delay or lengthy wait times, the stability they need while they work with law enforcement. This increase in victim cooperation will further fortify law enforcement’s ability to protect and secure communities throughout the United States.
USCIS will now adjudicate employment authorization for eligible petitioners with pending U visa petitions that USCIS determines are bona fide, or made in good faith and without intention of deceit or fraud. This new process is referred to as the Bona Fide Determination Employment Authorization (BFD EAD) process.
“It is unfortunate for anyone to have suffered or witnessed criminal activity, but even more so when they are not familiar with the country and lacking necessary support in their quest for justice,” said USCIS acting director Tracy Renaud. “This bona fide determination process will allow U visa petitioners to work and remain safely in the United States while they provide valuable support to law enforcement to detect, investigate or prosecute the serious crimes they have survived or witnessed.” (USCIS)
