U Visa

Asked almost 3 years ago - Anaheim, CA

Hi Today the USCIS updated the processing timimngs fpr the U visa and now they are taking about 7 months to handle and make a decision on u visas . last month it was 5.7 months .
Can any one tell if you can get the work permit while they are processing the application.
because it takes 3 months as per uscis to process EAD for any kind of application.
i have been waiting for 5 months and have not received anything . also my application is accurate and properly filed . Biometrics are done 4.5 month ago . please advise

Attorney answers (3)

  1. Jennifer Doerrie

    Contributor Level 14

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    Answered . Hello,

    I am afraid you have gotten some inaccurate information about EAD processing being for "any kind of application". There is not a single rule covering every kind of case in immigration, which is part of what makes it quite complex. It very much depends on the kind of application filed as to whether an applicant is eligible for employment authorization while the application is pending or must wait until its approval.

    Although I have heard some rumors of a proposal to change the process to grant employment authorization to U visa applicants while their applications are pending, I am not aware of any final changes in the process so far. My U visa clients continue to receive their work permits once their cases are approved, although the work permits do usually arrive a couple weeks before the U visa approval notices. Thus, I would anticipate that your U visa work permit will not issue unless/until your application is approved as well.

    Also, keep in mind that processing times do change frequently and are an "average" time rather than the actual time for every case. Even applications that are "accurate and properly filed" may generate requests for additional evidence or require extra time on security clearances. In my experience, the average U visa case filed within the last year seems to be taking between 7 and 10 months for processing, but some take even more time. I hope yours is among the quicker ones.

    Best wishes,
    Jennifer

    Ms. Doerrie's answer to your question is general in nature, as not all facts and circumstances relating to the... more
  2. Kyndra L. Mulder

    Pro

    Contributor Level 20

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    Answered . You are not eligible for an EAD unless the U visa is granted.

  3. Eugene J. Glicksman

    Contributor Level 17

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    Answered . Employment authorization is part of the approval of the U visa; it cannot be applied for separately.

    Good luck!

    This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. A... more

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