Work Authorization for U Visa Applicants
The following guide will provide information for U Visa applicants and the process for applying for a work permit.
GenerallyCurrently, the Vermont Servicd Center, which processes U visa cases, has begun issuing 2 year work authorization for any applicant who submits Form I765 with the U visa application.
Deferred StatusThere are currently 10,000 U visas that are issued per fiscal year. While an applicant is approved for a U visa and is in line for a visa, s/he is eligible to apply for a work permit. Under the new guidance, USCIS advises that applicants submit two Applications for Employment Authorization (I-765) with any U visa petition. The first application would give the U visa petitioner work authorization for two years under the deferred action status. The second application would give work authorization to the U visa petitioner for the duration of the U visa, once a U visa becomes available.
Filing FeeWhile there is a filing fee for a work permit, eligible applicants can submit Form I912, Application for fee waived to waive these fees.
Filing ProcedurePrincipal Applicant: a principal applicant should submit one application for employment authorization with the underlying petition, indicating C14 as the basis for the filing.
Derivative Beneficary: a derivative beneficiary should submit two applications for employment authorization, indicating C14 as one basis and A20 (for an approved U visa) as another.