USCIS New ‘Bona Fide Determination’ Policy to Offer Quicker Work Permit Access to U-Visa Applicants

When it comes to U-visa cases, transparency plays a key role in providing our clients holistic and top quality legal services. Everytime we begin a U-visa case with a client, we ensure to let them know what they can expect in regards to their individual case. Unfortunately for years now, we have had to give our clients the bad news that they may have to wait many years before receiving any sort of immigration relief. The fear and uncertainty of having to wait echoes throughout the stories of so many of our U-visa case clients. 

U-visas are specifically meant for people who have experienced domestic violence, survived being trafficked for their labor or forced sex, or have survived other violent crimes.

Congress imposed an annual limit of 10,000 U-Visas approvals per year. While this cap does not include spouses and other derivative family members, it has resulted in a massive backlog that has created long waiting times for applicants. In most cases, even if the client is waiting to make the 10,000 cap, U. S. Citizenship & Immigration Services (USCIS) will issue clients work permits and deferred action. However, in recent years, USCIS has been so inefficient that our clients are having to wait five years just to get their work permit. Raising concerns of even longer wait times for U-Visas approval. 

All the while, the wait list  just keeps getting longer. 

It is important to acknowledge the unemployment our clients experience while they await their work permit, and the looming fear lack of protection from deportation creates in their daily lives. During this time, many of our clients are unable to make sufficient money to keep up with their bills. The sense of powerlessness during this wait time also leads to many victims of crimes being hesitant to report any offenses made towards them or others to law enforcement out of fear of being deported or losing financial stability. 

In an attempt to help relieve some of the issues that come with long wait times for work permits and visa approvals, USCIS recently updated their policies to allow for a form of relief named Bona Fide Determination. The hope is that it will help immigrants receive U-Visa-related work permits and deferred action at a faster rate. This policy update also looks to help victims and/or witnesses feel comfortable reporting crimes to law enforcement who otherwise would be hesitant due to lack of financial stability and protection from deportation. 

The hope is that this updated policy is going to help many of our clients at NMILC, a change that is long overdue. Over ten years ago, Congress gave the Department for Homeland Security permission to change this policy, however nothing has been done until this year. Nevertheless, we must continue to pressure Congress to continue making important changes to our country’s immigration laws that will help pave the way to citizenship for all.

Written by Alessandra Silva, NMILC Summer 2021 Intern, Edited by Flaviano Graciano, NMILC Communications Manager