1/8/2024 0 Comments U visa processing time![]() Derivative family members would need to submit a separate petition to receive an EAD. However, where USCIS automatically issues the principal an EAD upon approval of U nonimmigrant status, USCIS does not automatically issue derivative family members an EAD upon their U visa approval. Principals who are younger than 21 can apply on behalf of their spouse (U-2), children (U-3), parents (U-4), and unmarried siblings under 18 (U-5), while principals who are 21 and over can only apply on behalf of their spouse and children.ĭerivative family members who live in the United States are also employment authorized incident to status. In this context, these family members are referred to as derivative petitioners or beneficiaries. ![]() In most cases, U-1 principals can petition for a U visa on behalf of immediate family members. ![]() Work Permits for Derivative U Visa Petitioners Currently, USCIS automatically issues a two-year employment authorization to principals who submit a work permit application concurrently with their U visa application. That means U-1 principals only need to apply for a work permit while they are under deferred action status. U-1 visa petitioners are employment authorized incident to status, so USCIS will automatically issue an EAD when the underlying application for U nonimmigrant status is approved. Once the application is approved, the principal will receive a U-1 visa that is valid for up to four years. Under U nonimmigrant status regulations, the victim of the qualifying crime is referred to as the principal (principal applicant, principal petitioner, etc.). Work Permits for the Principal U Visa Petitioner After establishing a physical presence in the United States for at least three years, a U visa-holder can apply for a green card.Once a U visa is available, the applicant’s status will switch from deferred action to U nonimmigrant.Assuming USCIS approves the application, the applicant will be placed in deferred action on a waiting list until a U visa becomes available (USCIS only issues 10,000 U-1 visas each year).The victim files an application for U nonimmigrant status ( Form I-918) with the USCIS Vermont Service Station.The victim of a qualifying crime helps law enforcement officials (or agrees to help them) and receives a certificate (Form I-918 Supplement B).Generally speaking, the U visa application process is as follows: The U Visa Application ProcessĪ discussion about U visa work permits requires an understanding of the U visa application process, as the process is quite long and may require multiple work permits. Whether you need employment authorization, an EAD, or both, you can apply with Form I-765, Application for Employment Authorization. ![]() In either case, the visa-holder will need an Employment Authorization Document (EAD) to prove their work status to prospective employers. Some visas naturally include employment authorization, while others require a separate work permit. Work Permitsįoreign nationals who wish to work in the United States must have express authorization from USCIS before starting a job. Currently, the estimated waiting time for a work permit is approximately 2.5 – 5 months. US Citizenship and Immigration Services (USCIS) maintains an online portal with up-to-date estimates of application processing times for most immigration petitions. During that time, the applicant can live and work in the United States with a valid work permit under deferred action status. Processing a U visa application can unfortunately take a very long time (up to four years in some cases), but the good news is that qualifying applicants can be placed in deferred action status while on the waiting list. After three years of continuous physical presence in the United States, eligible U visa-holders can apply for permanent residency with a green card. With approved U nonimmigrant status, the victim and their immediate family members (under derivative U visas) may temporarily reside in the United States for up to four years. Victims of qualifying crimes who assist law enforcement and government officials in the investigation and prosecution of criminal activity may travel to the United States under a U visa.
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