Who does the bona fide determination process apply to?Ī2. This policy applies to all Form I-918 petitions and all Form I-918A 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. This will provide victims with stability and better equip them to cooperate with and assist law enforcement. 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 wait for final adjudication of their petition for U nonimmigrant status under the annual statutory cap. What is the bona fide determination process?Ī1. By statute, USCIS has discretion to provide employment authorization to noncitizens with pending, bona fide U nonimmigrant status petitions.
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