I-918, Petition for U Nonimmigrant Status
Alert: Extended Grace Period for Previous Edition of Form I-918
We extended the grace period for the previous edition of Form I-918, Petition for U Nonimmigrant Status, through Dec. 31, 2022. Starting Jan. 1, 2023, we will accept Form I-918 only if it has edition date 12/06/21. This extension includes Form I-918 Supplement B, U Nonimmigrant Status Certification (Form I-918B).
Form I-918 with edition date 12/06/21 is the current edition available on the USCIS website. You can find the edition date on both the form and instructions at the bottom of the page.
We previously indicated that we would accept only the 12/06/21 edition starting May 1, 2022. Extending this grace period an additional 8 months until Dec. 31, 2022, eases hardships for U petitioners and certifying agencies.
NOTE: If USCIS has previously accepted a Form I-918, petitioners do not need to obtain a new Form I-918B with a new edition date, nor do they need to resubmit a previously filed Form I-918B.
Alert: We encourage you to submit a Form I-765, Application for Employment Authorization, concurrently with your Form I-918 or Form I-918A.
We encourage you to submit a Form I-765, Application for Employment Authorization, concurrently with your Form I-918 or Form I-918A. This will enable USCIS to act efficiently on your case when it is current for consideration under the bona fide determination process. Please note that a fee is not required for an initial Employment Authorization Document (EAD) under the bona fide determination process.
If you have a pending Form I-918 or Form I-918A and have not already submitted a Form I-765, Application for Employment Authorization, please submit a Form I-765 now to the appropriate address in the “Where to File” section.
Note: USCIS will determine whether a qualifying family member’s petition is bona fide only after the principal petitioner is issued an EAD.
If you are an alien and are a victim of a qualifying criminal activity, use this form to petition for temporary immigration benefits for yourself and your qualifying family members, as appropriate.
Questions and Answers: U Status Bona Fide Determination Process
Q1. What is the bona fide determination process?
A1. By statute, USCIS has discretion to provide employment authorization to noncitizens with pending, bona fide U nonimmigrant status petitions. In June 2021, we implemented the bona fide determination process with the goal of conducting initial reviews of U nonimmigrant status petitions more efficiently and providing eligible victims of qualifying crimes with employment authorization and deferred action while they await a final adjudication of their petition for U nonimmigrant status under the annual statutory cap. This will provide victims with stability and better equip them to cooperate with and assist law enforcement.
Q2. Who does the bona fide determination process apply to?
A2. This policy applies to all Form I-918 petitions pending as of June 14, 2021, filed by principal petitioners and qualifying family members living in the United States, as well as Form I-918 petitions filed on or after this date by principal petitioners and their qualifying family members living in the United States. Principal petitioners and qualifying family members living outside of the United States are not considered for a bona fide determination because we cannot provide deferred action or employment authorization to petitioners outside the United States.
Q3. When did USCIS begin implementing the bona fide determination process?
A3. We published the new bona fide determination process in the USCIS Policy Manual on June 14, 2021, and began adjudicating and issuing Employment Authorization Documents shortly thereafter.
Q4. In what order will USCIS adjudicate cases for a bona fide determination?
A4. We will generally adjudicate cases for bona fide determinations in receipt date order, starting with the oldest pending petitions that have not already gone through a waiting list adjudication as of June 14, 2021.
Q5. I filed a petition for U nonimmigrant status several years ago. Will my petition now go through three different adjudications: bona fide determination, waiting list, and final adjudication? What happens if I was already placed on the waiting list before this policy was issued?
A5. Principal petitioners and qualifying family members will not all go through three different adjudications. As of June 14, 2021, we began adjudicating pending, non-waitlisted petitions filed by noncitizens living in the United States in receipt date order for bona fide determinations. If a principal petitioner receives a bona fide determination, and the principal petitioner merits a favorable exercise of discretion, they will be issued an Employment Authorization Document (EAD) and deferred action, and their petition will be placed in the queue in receipt date order to await final adjudication for U nonimmigrant status. These petitioners will not have to go through a waiting list adjudication unless new adverse information impacts their ability to maintain a bona fide determination EAD.
If a principal petitioner receives a bona fide determination and merits a favorable exercise of discretion, we will issue them an Employment Authorization Document (EAD) and deferred action, and their petition will be placed in the queue in receipt date order to await final adjudication for U nonimmigrant status. These petitioners will not have to go through a waiting list adjudication unless new adverse information impacts their ability to maintain a bona fide determination EAD.
Principal petitioners who we determine will not receive a bona fide determination EAD and deferred action will receive a waiting list adjudication.
Principal petitioners and their qualifying family members placed on the waiting list before June 14, 2021, do not need to go through the bona fide determination process because they already can receive an EAD and deferred action. The petitioners placed on the waiting list before June 14, 2021, will be adjudicated for U nonimmigrant status in receipt date order concurrently with those petitioners who received bona fide determination EADs and deferred action.
Q6. How are bona fide determinations for principal petitioners different from qualifying family members?
A6. We will first determine whether a principal petitioner living in the United States may receive a bona fide determination EAD and deferred action before making a bona fide determination for any associated qualifying family member living in the United States. We determine whether a principal petition is bona fide if:
- The principal petitioner properly filed Form I-918;
- The principal petitioner included a properly completed law enforcement certification (Form I-918 Supplement B, U Nonimmigrant Status Certification);
- The principal petitioner included a personal statement describing the facts of the victimization; and
- We received the results of the principal petitioner’s background and security checks based on biometrics.
We then consider whether the principal petitioner with a bona fide petition merits a favorable exercise of discretion to be granted a bona fide determination EAD and deferred action.
Once the principal petitioner receives employment authorization and deferred action, we will evaluate the petitions of any qualifying family members living in the United States to determine if they are eligible to receive a bona fide determination.
A qualifying family member living in the United States is not guaranteed to receive a bona fide determination EAD solely because the principal petitioner received one. The record must independently demonstrate their Form I-918, Supplement A, Petition for Qualifying Family Member of U-1 Recipient, is bona fide. We determine a qualifying family member’s petition is bona fide when:
- The principal petitioner receives a bona fide determination EAD;
- The petitioner has properly filed Form I-918, Supplement A;
- The petition includes credible evidence of the qualifying family relationship; and
- We received the results of the qualifying family member’s background and security checks based upon biometrics.
As with principal petitioners, we then consider whether the qualifying family member living in the United States merits a favorable exercise of discretion to be granted a bona fide determination EAD and deferred action.
For more information on the bona fide determination process for principal petitioners, please see the USCIS Policy Manual Appendix: Bona Fide Determination Process Flowchart (PDF, 95.1 KB). For more information on the bona fide determination process for qualifying family members, please see Chapter 5: Bona Fide Determination, A. Bona Fide Determination, 2. Qualifying Family Members.
Q7. What do I need to file to receive a bona fide determination EAD?
A7. We will initiate bona fide determination adjudications of pending petitions not already placed on the waiting list without any action required by principal petitioners, qualifying family members, or counsel.
We are reviewing pending petitions filed by petitioners living in the United States in receipt date order. Petitioners will not need to submit any additional request. We will send the petitioner a notice if we need any documentation to complete the bona fide determination adjudication, such as a Form I-765, Application for Employment Authorization.
Q8. I did not previously file Form I-765, Application for Employment Authorization, with my U visa petition. What should I do?
A8. If a petitioner has filed a Form I-918 or Form I-918 Supplement A but has not filed an accompanying Form I-765, we will issue a notice indicating that the petitioner has received a bona fide determination, merits a favorable exercise of discretion, and may receive a bona fide determination EAD. To obtain an EAD after receiving this notice, the petitioner must file Form I-765 under 8 CFR 274a.12(c)(14).
Petitioners should only file Form I-765 after they have received notification from us, or when this page indicates we are reviewing petitions for the fiscal year of your receipt date. This will make the Form I-765 and U visa bona fide determination process more efficient.
If a petitioner has already filed Form I-765 under 8 CFR 274a.12(a)(19), (a)(20) and (c)(14) and we determined they will receive a bona fide determination EAD and deferred action, the petitioner will not need to submit another Form I-765.
For additional information, please see Chapter 5: Bona Fide Determination, C. Adjudicative Process, 2. Previously Filed Form I-765 for Bona Fide Determination Process.
Q9: Can petitioners still file Forms I-918 and I-765 together, or should we wait until USCIS issues a bona fide determination notice?
A9. Principal petitioners and their qualifying family members can continue to file Form I-765 with their initial filing under 8 CFR (a)(19) (a)(20), or (c)(14) for employment authorization associated with principal status, derivative status, bona fide determination EAD, or placement on the waiting list, respectively.
We will initiate bona fide determination adjudications without any action required by petitioners, qualifying family members, or counsel. We will send the petitioner a notice if we need any documentation to complete the bona fide determination adjudication, such as Form I-765.
Q10: I am a new petitioner. Do I need to submit a fee or a fee waiver with my Form I-765 for the waiting list (under 8 CFR (c)(14))? Do I need to submit a fee or a fee waiver for the bona fide determination EAD?
A10. Generally, we do not charge a fee to file certain victim-based and humanitarian benefit requests, including Form I-918, and the initial Form I-765 associated with this form.
If a petitioner (principal petitioner or qualifying family member) does not file their Form I-765 concurrently with their Form I-918 and we determine they may receive a bona fide determination EAD, we will issue a notice indicating that they have received a bona fide determination, merit a favorable exercise of discretion, and may receive a bona fide determination EAD if they file Form I-765.
Petitioners do not need to submit a filing fee for the initial Form I-765 associated with the bona fide determination EAD. While we do not charge a filing fee for the initial Form I-765 requesting a bona fide determination EAD, a petitioner will need to submit the appropriate fee or fee waiver request if they choose to renew their bona fide determination EAD.
Petitioners filing Form I-765 associated with waiting list placement should continue to submit the appropriate fee or fee waiver request.
Q11. Do I need to submit proof of economic necessity or file an I-765 worksheet?
A11. No, principal petitioners and their qualifying family members do not need to submit proof of economic necessity or file Form I-765 worksheet to receive a bona fide determination EAD. We will initiate bona fide determination adjudications of pending petitions not already placed on the waiting list without any action required by principal petitioners, qualifying family members, or counsel.
Petitioners with pending petitions not already placed on the waiting list will not need to submit an additional request for bona fide determination adjudication; if we need any documentation to complete the bona fide determination adjudication, such as Form I-765, we will send the petitioner a notice.
Q12. I received a bona fide determination notice from the Vermont Service Center, but I live in California and the website says I should send my Form I-765 to Nebraska. What should I do?
A12. Please follow the directions included in the bona fide determination notice. If you received a bona fide determination notice from the Vermont Service Center, send your Form I-765 to the Vermont Service Center.
Q13. Will USCIS refund my filing fee if my Form I-765 under 8 CFR (a)(20) or (c)(14) is converted to a bona fide determination EAD?
A13. We cannot refund the filing fee for a previously submitted Form I-765 filed under 8 CFR (a)(20) and (c)(14). Derivative petitioners must include the appropriate fee or request for a fee waiver when filing Form I-765.
Q14. Will I have an opportunity to submit additional information so I can receive a bona fide determination EAD?
A14: When we determine a principal petitioner will not be granted a bona fide determination EAD and deferred action, we will issue a Request for Evidence (RFE) stating that we will not grant a bona fide determination EAD and requesting the additional evidence we need for the waiting list adjudication.
Consequently, a principal petitioner who does not receive a bona fide determination EAD and deferred action still is able to obtain employment authorization, a grant of deferred action if they are found eligible for U nonimmigrant status but for the annual statutory cap, and be placed on the waiting list. If we determine that the principal petitioner can be placed on the waiting list, that decision generally does not affect the timeline in which we adjudicate the petition for final determination of U nonimmigrant status. A determination that a petitioner (principal petitioner or qualifying family member) will not receive a bona fide determination EAD and deferred action is not a denial of Form I-918 or the initial Form I-765.
Q15. My family member was living outside of the country when I filed my Form I-918. Does that mean my family member won’t receive a bona fide determination? Do I need to request the bona fide determination and submit Form I-765 now that they are in the United States?
A15. The bona fide determination process is for principal petitioners and their qualifying family members living in the United States. We will generally adjudicate cases for bona fide determinations in receipt date order, starting with the oldest pending petitions that did not already go through a waiting list adjudication as of June 14, 2021.
We will initiate bona fide determination adjudications for pending petitions not already placed on the waiting list without any action required by principal petitioners, qualifying family members, or counsel. We first determine whether the principal petitioner may receive a bona fide determination EAD and grant of deferred action. Once the principal petitioner receives a bona fide determination EAD, we then determine if the qualifying family member living in the United States may receive a bona fide determination EAD and grant of deferred action. If we need any documentation to complete the bona fide determination adjudication, such as Form I-765, we will send the petitioner a notice.
As long as the qualifying family member has their current address updated to show they are residing in the U.S., we will review their petition for a bona fide determination EAD and no further action will be necessary. Family members previously residing outside the U.S. who are now physically present may update their address at any time.
If the principal petitioner does not live in the United States when we review their petition, we will perform a waiting list adjudication.
Q16. How long will it take to receive my bona fide determination EAD?
A16. We are committed to adjudicating petitions in a timely and efficient manner. While the goal of the bona fide determination process is to provide initial reviews of pending U petitions more efficiently, we do not yet have sufficient data to provide an estimated processing time at this stage.
Q17. How does the bona fide determination process affect certifying officials?
A17. The bona fide determination process does not change the role of certifying officials who complete the law enforcement certification. We evaluate whether their Form I-918, Supplement B, meets initial evidence requirements during the bona fide determination process. We then consider whether their Form I-918, Supplement B, as well as the other evidence in the record, establishes eligibility during the final adjudication of Form I-918 when visas are available under the statutory cap. A complete and properly filed Form I-918, Supplement B, is a requirement for both the bona fide determination EAD and the final adjudication of Form I-918, so we encourage certifying officials to answer all questions on the form as fully as possible.
Q18. Can the bona fide determination EAD and grant of deferred action be renewed?
A18. Generally, yes. If we do not adjudicate a principal petitioner or qualifying family member’s petition for U nonimmigrant status before the four-year validity period of the EAD and deferred action ends, the noncitizen may apply for renewal according to the Form I-765 Instructions. If granted, the noncitizen would receive a bona fide determination EAD and grant of deferred action for another four-year validity period.
At any point during the validity period, we have the right to revoke the bona fide determination EAD and terminate the grant of deferred action if we determine that the bona fide determination EAD and deferred action are no longer warranted, or if we issued the prior bona fide determination EAD in error. For example, we may revoke the EAD and terminate the grant of deferred action if the Form I-918 Supplement B is withdrawn, or a national security or public safety concern is present.
For more information, please see Chapter 5: Bona Fide Determination, A. Bona Fide Determination, 6. Request to Renew Bona Fide Determination Employment Authorization Document and Deferred Action.
Q19. How long will my bona fide determination EAD and grant of deferred action be valid for?
A19. An initial bona fide determination EAD and grant of deferred action will be valid for four years. The grant of deferred action will begin on the issuance date listed on your EAD. The bona fide determination process provides an EAD and grant of deferred action to petitioners who meet the criteria; neither is available independent of each other.
Petitioners who do not receive a bona fide determination EAD and grant of deferred action, but who eventually receive waitlist placement, if eligible, will also receive an EAD and grant of deferred action for four years to promote consistency and fairness in the U program.
Q20. How does the bona fide determination process impact petitioners who are in removal proceedings?
A20. The bona fide determination process satisfies the prima facie standard that U.S. Immigration and Customs Enforcement (ICE) previously requested in specific circumstances. The steps taken to determine whether a petition is bona fide and whether a petitioner receives a bona fide determination EAD rely on the initial evidence submitted with a petition for U nonimmigrant status, as well as the results of background checks. We will continue to coordinate with ICE on individual cases as requested by ICE. See Chapter 5: Bona Fide Determination, C. Adjudicative Process, 4. Prima Facie Approval.
Q21. I have seen information posted by USCIS on the Policy Manual webpage. Are there other materials that USCIS or DHS has released to the public about the bona fide determination process?
A21. We have released the following materials:
- PM-V3-Part C: Bona Fide Determination Process
- PM-V3-Part C Appendix: Bona Fide Determination Process Flowchart (PDF, 95.1 KB)
- Victims of Criminal Activity: U Nonimmigrant Status
- USCIS Issues Policy Providing Further Protections for Victims of Crime News Release
- Twitter/Twitter-Spanish
- Facebook /Facebook-Spanish
- English/Spanish Stakeholder Message
Q22. Where else can I find more information about the bona fide determination process?
A22. We introduced The bona fide determination process in the USCIS Policy Manual on June 14, 2021. Information on the process can be found in Volume 3, Part C, Chapter 5, as well as the Special Instructions sections of our Form I-765 and Form I-918 pages. A flowchart of the process for principal petitioners can be found in the “appendices” tab in the USCIS Policy Manual.
Q23. How can I stay up to date on USCIS policies?
A23. You can sign up to receive notifications of new alerts from USCIS by entering your email here.
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Please do not submit this checklist with your Form I-918. It is an optional tool to use as you prepare your form, but does not replace statutory, regulatory, and form instruction requirements. We recommend that you review these requirements before completing and submitting your form. Do not send original documents unless specifically requested in the form instructions or applicable regulations.
If you submit any documents (copies or original documents, if requested) in a foreign language, you must include a full English translation along with a certification from the translator verifying that the translation is complete and accurate, and that they are competent to translate from the foreign language to English.
Did you provide the following?
- Your completed Supplement B Certification;
- Evidence you are the victim of qualifying criminal activity;
- Evidence you have suffered substantial physical or mental abuse;
- Evidence you possess information concerning criminal activity, and that the criminal activity is qualifying and violated United States law or occurred in the United States;
- Evidence you have been, are being, or are likely to be helpful to a certifying official in the investigation or prosecution of qualifying criminal activity;
- A personal statement;
- If you are inadmissible, an application for a waiver of inadmissibility on Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, with the appropriate fee or a request for a fee waiver; and
- If you are filing Form I-918, Supplement A, for a qualifying family member:
- Credible documentation of the claimed relationship;
- An explanation of why required documents are not available (if applicable); and
- If your qualifying family member is inadmissible, Form I-192 with the appropriate fee or a request for a fee waiver.
Filing Tips: Go to our Tips for Filing Forms by Mail page for information on how to help ensure we will accept your application.
Don’t forget to sign your form. We will reject and return any unsigned form.
Principal U Nonimmigrants: You are authorized to work once we have approved your underlying petitions for U nonimmigrant status. We will automatically issue an Employment Authorization Document (EAD) when we approve your petition. You do not need to file a separate Form I-765, Application for Employment Authorization, to receive an EAD related to the approval of your petition for nonimmigrant status.
Derivative U Nonimmigrants: If you reside inside the U.S., you are authorized to work once we approve the derivative petition for U nonimmigrant status. However, you will not automatically receive an EAD. You must file Form I-765 to request an EAD related to the approval of your derivative petition.
We can only issue employment authorization for principal and derivative petitioners after we approve the underlying U nonimmigrant status petition, regardless of when you file Form I-765.
Statutory Cap: If the statutory cap is reached in a fiscal year, we will use the bona fide determination process and waiting list process as described below.
Bona Fide Determination: If you live in the U.S., you may receive employment authorization and deferred action if you have a pending bona fide petition and warrant a favorable exercise of discretion. If you have not yet filed Form I-918, you may submit your Form I-765 with your I-918 petition. If you have a pending Form I-918 petition, you (and your family members) may also file your Form I-765 when we are reviewing petitions from the fiscal year when you filed your Form I-918. We will post which fiscal year we are reviewing for bona fide determinations on our Form I-918 page. You should only file Form I-765 after you have received notification from us, or when this page indicates we are reviewing petitions for the fiscal year of your receipt date. This will make the Form I-765 and U visa bona fide determination process more efficient.
Waiting List: If you do not receive employment authorization and deferred action through the bona fide determination process, we will review your petition for the waiting list under 8 CFR 214.14(d)(2). Petitioners for U nonimmigrant status and derivatives in the U.S. who are granted deferred action under this provision can apply for an EAD based on deferred action. We will only approve these EADs after DHS has deferred action in your case, regardless of when you file Form I-765.
Vangala v. U.S. Citizenship and Immigration Services, 4:20-cv-08143 (N.D. Cal.): If we rejected your Form I-918 or Form I-918, Supplement A, due to the “No Blank Space” rejection policy in effect between Dec. 30, 2019, and Dec. 22, 2020, you may request a receipt with the original attempted filing date for your resubmitted Form I-918 or Supplement A. See below for additional information on how to obtain the original receipt date for your Form I-918 or Supplement A.
If you have not already resubmitted your Form I-918 or Supplement A:
- Submit Form I-918 or Supplement A on or before July 20, 2022, using the original form or a new form on the current version, and include one of the following supporting documents:
- A copy of your rejection notice;
- Other proof of the original rejected filing; or
- A sworn statement from someone familiar with the original attempted filing describing how you meet the requirements of the settlement agreement.
Mail your completed form(s) and supporting documents to the applicable filing address in the “Where to File” tab above. Write “Vangala Request” in the address block.
If you already resubmitted your Form I-918 or Supplement A:
- Send a written request to us on or before July 20, 2022, that includes the receipt number for the resubmitted Form I-918 or Supplement A and one of the following:
- A copy of your rejection notice;
- Other proof of the original rejected filing; or
- A sworn statement from someone familiar with the original filing that describes how you meet the requirements of the settlement agreement.
Mail your request and supporting documents to the applicable filing address in the “Where to File” tab above. Write “Vangala Request” in the address block.
If you properly submit a request, we will issue a receipt notice reflecting the date we received your original attempted filing. If you submit a secondary request following your new receipt date, such as Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, or Form I-765, Application for Employment Authorization, submit a copy of your new receipt notice with the benefit request.