Adjudication

The U nonimmigrant status program now involves three distinct adjudicative processes:

- Bona Fide Determination (BFD) process for principal petitioners and qualifying family members with pending, bona fide U nonimmigrant petitions, who USCIS determines merit a favorable exercise of discretion; [1]

- Waiting list adjudication for petitions USCIS determines are eligible for U nonimmigrant status but cannot be approved due to the annual statutory cap; and

- Final adjudication of eligible petitions for U nonimmigrant status, where the approval of a principal petition results in the issuance of a visa drawn from the statutory cap of 10,000 visas allotted per fiscal year.

BFD

(Interim Benefit)

- Does not make a final determination of eligibility.

- Determines whether a pending petition is bona fide by meeting initial filing requirements and whether background checks are completed.

- Determines whether background checks indicate a risk to national security or public safety, and otherwise merits a favorable exercise of discretion.

- Initiates waiting list adjudication for principal petitioners who do not receive a Bona Fide Determination Employment Authorization Document (BFD EAD).

- Places BFD EAD recipients in line with U waiting list petitioners for U nonimmigrant status adjudication in receipt date order

- Principal petitioners and qualifying family members living in the United States receive a BFD EAD and deferred action valid for 4 years.

Waiting List

(Interim Benefit)

- Determines eligibility for U nonimmigrant status at the time of adjudication.

- Places eligible petitioners not granted U nonimmigrant status “due solely to the (statutory) cap” on the waiting list. [2]

- Denies ineligible petitioners.

- Places U waiting list petitioners in line with BFD EAD recipients for U nonimmigrant status adjudication in receipt date order.

- Principal petitioners and qualifying family members living in the United States are eligible for employment authorization and deferred action for 4 years.

immigrant status “due solely to the (statutory) cap” on the waiting list. [2]

- Denies ineligible petitioners.

- Places U waiting list petitioners in line with BFD EAD recipients for U nonimmigrant status adjudication in receipt date order.

- Principal petitioners and qualifying family members living in the United States are eligible for employment authorization and deferred action for 4 years.

- USCIS may grant principal petitioners and qualifying family members living outside of the United States parole in limited circumstances.

Final Adjudication

(Full Benefit)

- Makes a final determination of eligibility for U nonimmigrant status.

- Grants U nonimmigrant status to eligible petitioners.

- Denies ineligible petitioners.

- Principal petitioners and qualifying family members in the United States receive U nonimmigrant status and employment authorization for up to 4 years.

Footnotes

[1] See Appendix: Bona Fide Determination Process Flowchart [ 3 USCIS-PM C.4, Appendices Tab ].

[2] See 8 CFR 214.14(d)(2) .