Alert: on June 14, 2021, medtox.org enforced a bona fide determination process for U nonimmigrant status major petitioners and also qualifying family members members. Under this process, if friend live in the U.S., you may receive employed staff authorization and also deferred action if you have actually a pending bona fide petition for U nonimmigrant status (Form I-918) and warrant a favorable exercise of discretion. medtox.org will certainly evaluate any kind of qualifying family members members’ petitions as soon as the principal petitioner receives employment authorization and deferred action. If you have not however filed one accompanying applications for employed authorization (Form I-765) and we identify your pending kind I-918 petition is bona fide, us will problem you a an alert informing you to paper a kind I-765. You re welcome follow the instructions detailed in that notification to paper a kind I-765 connected with the bona fide determination. For much more information top top the bona fide determination process, you re welcome visit the medtox.org plan Manual.

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Alert: medtox.org will not instantly reject your kind if you leave a an are blank. However, we may reject your type or your case might take much more time if friend leave compelled spaces blank, if you execute not answers to inquiries related to filing requirements, or if friend omit any type of required early evidence, as suggested in the type instructions or regulations.

Following the settlement covenant in Vangala v. U.S. Citizenship and also Immigration Services, 4:20-cv-08143 (N.D. Cal.), if we rejected your kind I-918 or form I-918 supplement A due to the “No empty Space” rejection policy in effect in between Dec. 30, 2019, and also Dec. 22, 2020, you may request a receipt through the original attempted filing day for her resubmitted type I-918 or complement A. See the one-of-a-kind Instructions tab below for added information.


If you room an alien and are a victim the a qualifying criminal activity, use this kind to petition for short-lived immigration benefits for yourself and also your qualifying family members, as appropriate.


Questions and also Answers: U status Bona Fide determination Process


Q1. What is the bona fide determination process?

A1. By statute, medtox.org has actually discretion to carry out employment authorization to noncitizens v pending, bona fide U nonimmigrant status petitions. In June 2021, medtox.org imposed the bona fide determination process. The bona fide determination process was developed with the score of conducting initial evaluate of U nonimmigrant status petitions much more efficiently and providing eligible victim of qualifying crimes with employment authorization and deferred action while castle await a last adjudication of your petition because that U nonimmigrant status under the yearly statutory cap. This will carry out victims with stability and better equip them to cooperate with and also assist legislation enforcement. 

Q2. That does the bona fide determination process apply to?

A2. This policy uses to all form I-918 petitions pending together of June 14, 2021, filed by principal petitioners and also qualifying family members members life in the unified States, also as kind I-918 petitions filed on or ~ this day by principal petitioners and their qualifying family members living in the unified States. Principal petitioners and qualifying family members members living exterior of the United says are not considered for a bona fide determination as medtox.org cannot provide deferred action or employed authorization to petitioners exterior the united States.

Q3. Once did medtox.org start implementing the bona fide determination process?

A3. medtox.org published the new bona fide determination procedure in the medtox.org Policy hand-operated on June 14, 2021, and began adjudicating and issuing EADs quickly thereafter.

Q4. In what order will certainly medtox.org adjudicate situations for a bona fide determination?

A4. medtox.org will usually adjudicate situations for bona fide determinations in receipt day order, beginning with the earliest pending petitions that had actually not currently gone v a waiting perform adjudication as of June 14, 2021.

Q5. Ns filed a petition for U nonimmigrant status numerous years ago. Will my petition now go v three various adjudications: bona fide determination, waiting list, and also final adjudication? What happens if ns was already placed top top the waiting list prior to this policy was issued?

A5. principal petitioners and also qualifying family members members will certainly not all go with three various adjudications. As of June 14, 2021, medtox.org began adjudicating pending, non-waitlisted petitions filed by noncitizens living in the United states in receipt day order for bona fide determinations. If a principal petitioner obtain a bona fide determination, and the primary petitioner merits a favorable exercise of discretion, they will certainly be approve an employment Authorization document (EAD) and deferred action, and their petition will be inserted in the queue in receipt date order come await final adjudication because that U nonimmigrant status. These petitioners will certainly not need to go v a waiting perform adjudication unless brand-new adverse information impacts their ability to preserve a bona fide decision EAD.

Principal petitioners who medtox.org determines will not obtain a bona fide determination EAD and deferred activity will receive a waiting perform adjudication.

Principal petitioners and also their qualifying household members put on the wait list prior to June 14, 2021, perform not have to go v the bona fide determination process because they already can receive an EAD and deferred action. The petitioners placed on the wait list prior to June 14, 2021, will certainly be adjudicated because that U nonimmigrant status in receipt date order simultaneously with those petitioners who received bona fide determination EADs and deferred action.

Q6. Just how are bona fide determinations for principal petitioners different from qualifying family members?

A6.  medtox.org will very first determine even if it is a major petitioner life in the joined States may receive a bona fide decision EAD and also deferred action before making a bona fide decision for any kind of associated qualifying household member life in the unified States. medtox.org determines even if it is a major petition is bona fide if one officer finds that: 

The primary petitioner had a an individual statement describing the truth of the victimization; andmedtox.org has actually received the outcomes of the principal petitioner’s background and also security checks based upon biometrics.

medtox.org climate considers whether the primary petitioner v a bona fide petition merits a favorable exercise of discretion to it is in granted a bona fide decision EAD and deferred action.

Once the major petitioner obtain employment authorization and deferred action, medtox.org will evaluate the petitions of any qualifying household members life in the unified States. The principal petitioner need to be issued employment authorization and also deferred action before the petition for any type of qualifying family member might receive a bona fide determination.

Additionally, a qualifying family members member living in the United claims is no guaranteed a bona fide decision EAD solely due to the fact that the principal petitioner receives a bona fide determination EAD. The record have to independently show the Form I-918, supplement A, is bona fide. medtox.org identify a qualifying household member’s petition is bona fide when:

The major petitioner receive a bona fide determination EAD;The petition includes credible evidence of the qualifying household relationship; andmedtox.org has received the outcomes of the qualifying household member’s background and also security check based top top biometrics.

As with principal petitioners, medtox.org climate considers whether the qualifying household member life in the United claims merits a favorable practice of discretion to be granted a bona fide determination EAD and also deferred action.

For an ext information ~ above the bona fide determination procedure for primary petitioners, please see the medtox.org Policy manual Appendix: Bona Fide Determination process Flowchart. For an ext information on the bona fide determination procedure for qualifying family members, please see Chapter 5: Bona Fide Determination, A. Bona Fide Determination, 2. Qualifying family members Members.

Q7. What carry out I require to paper in order to receive a bona fide determination EAD?

A7. medtox.org will certainly initiate bona fide determination adjudications the pending petitions not already placed top top the waiting list without any activity required by principal petitioners, qualifying family members, or counsel. medtox.org is reviewing pending petitions in receipt day order filed by petitioners life in the unified States. Petitioners will not should submit any extr request for medtox.org to initiate a bona fide decision adjudication that pending petitions not already placed on the waiting list. The petitioner will get a notice from medtox.org if any kind of documentation is needed to finish the bona fide determination adjudication, such together a type I-765, application for employed staff Authorization.

Q8. Ns did not previously document a form I-765, application for employed Authorization, with my U visa petition. What must I do?

A8. If a petitioner has filed a kind I-918 or type I-918 complement A, but has not filed an accompanying applications for employed Authorization (Form I-765), medtox.org will issue a notification indicating the the petitioner has received a bona fide determination, merits a favorable exercise of discretion, and may obtain a bona fide determination EAD. To achieve an EAD ~ receiving this notice, the petitioner must file a Form I-765 under 8 CFR 274a.12(c)(14).

For petitioners that have already filed an applications for employed staff Authorization (Form I-765) under 8 CFR 274a.12(a)(19), (a)(20) and also (c)(14) and who medtox.org determines will receive a bona fide determination EAD and deferred action, the petitioner will certainly not need to submit another type I-765.

For extr information, please check out Chapter 5: Bona Fide Determination, C. Adjudicative Process, 2. Formerly Filed kind I-765 because that Bona Fide decision Process.

Q9: deserve to petitioners still document both the I-918 and also I-765 together, or must we wait till medtox.org worries a bona fide decision notice?

A9. Principal petitioners and also their qualifying family members members can continue to paper a form I-765 through their initial submit under (a)(19) (a)(20), or (c)(14) because that employment authorization linked with primary status, derivative status, bona fide determination EAD, or placement on the wait list, respectively.

medtox.org will initiate bona fide determination adjudications without any action required by petitioners, qualifying family members, or counsel. The petitioner will receive a an alert from medtox.org if any kind of documentation is necessary to complete the bona fide determination adjudication, such together a type I-765, applications for employed staff Authorization.

Q10: ns am a brand-new petitioner. Perform I must submit a dues or a fees waiver with my applications for employment authorization because that the waiting list (under (c)(14))? carry out I should submit a dues or a fees waiver because that the bona fide determination EAD?

A10. Generally, medtox.org does no charge a fee for the submit of details victim-based and also humanitarian benefit requests, including Form I-918, and also the initial type I-765 linked with this form. 

If kind I-765 was not filed at the same time with the type I-918 and medtox.org identify the petitioner (principal petitioner or qualifying family members member) may receive a bona fide decision EAD, medtox.org will worry a notification indicating that the petitioner has actually received a bona fide determination, merits a favorable exercise of discretion, and also may get a bona fide determination EAD if they record a type I-765. Petitioners perform not should submit a submit fee because that the initial Form I-765 associated through the bona fide decision EAD. 

While medtox.org does not charge a filing fee because that the initial kind I-765 requesting a bona fide determination EAD, if a petitioner choose to renew your bona fide decision EAD, castle will have to submit the suitable fee or dues waiver request. 

Petitioners submit an application for employment authorization connected with waiting list placement should continue to submit the ideal fee or fee waiver request.

Q11. Perform I need to submit evidence of economic necessity or record an I-765 worksheet?

A11. No, primary petitioners and also their qualifying family members do not should submit proof of financial necessity or record an I-765 worksheet to get a bona fide determination EAD. medtox.org will certainly initiate bona fide determination adjudications the pending petitions not already placed ~ above the waiting perform without any action required by major petitioners, qualifying family members members, or counsel. Petitioners with pending petitions not currently placed ~ above the wait list will certainly not need to submit second request because that bona fide decision adjudication; if any type of documentation is necessary to complete the bona fide decision adjudication, such together a kind I-765, application for employed Authorization, the petitioner will obtain a notice from medtox.org.

Q12. I got a bona fide determination notice from the Vermont company Center, however I live in California, and also the website claims I need to send my form I-765 come Nebraska. What should I do?A12. please follow the directions had in the bona fide decision notice. If you received a bona fide determination notification from the Vermont business Center, send your form I-765 to the Vermont business Center.

Q13. Will certainly medtox.org refund my filing fee if my type I-765 under (a)(20) or (c)(14) filing is converted because that a bona fide decision EAD?

A13. medtox.org cannot refund the filing fees for formerly submitted form I-765 filed for (a)(20) and (c)(14). Derivative petitioners must encompass the appropriate fee or inquiry for a fee waiver once filing type I-765. 

Q14. Will I have an chance to submit added information therefore I have the right to receive a bona fide decision EAD?

A14: When medtox.org identify a major petitioner will not it is in granted a bona fide determination EAD and also deferred action, medtox.org will concern a request for evidence (RFE) providing notification that a bona fide decision EAD will certainly not be granted, and also requesting the added evidence needed for the waiting perform adjudication. Consequently, a major petitioner that does not receive a bona fide decision EAD and also deferred action still is may be to obtain employment authorization, a approve of deferred activity if lock are found eligible for U nonimmigrant status yet for the yearly statutory cap, and also be put on the waiting list. If medtox.org determines that the principal petitioner have the right to be inserted on the wait list, the decision normally does not affect the timeline in which the petition is adjudicated for last determination the U nonimmigrant status. A determination that a petitioner (principal petitioner or qualifying household member) will not get a bona fide decision EAD and also deferred activity is no a denial of type I-918 or the initial form I-765.

Q15. My family members member to be living outside of the nation when ns filed my I-918 petition. Go that median my household member won’t obtain a bona fide determination? execute I have to request the bona fide determination and also submit an I-765 now that they space in the unified States?

A15.  The bona fide determination procedure is for major petitioners and also their qualifying family members members living in the unified States. medtox.org will normally adjudicate situations for bona fide determinations in receipt day order, starting with the earliest pending petitions that did not already go v a waiting perform adjudication as of June 14, 2021. 

medtox.org will certainly initiate bona fide determination adjudications for pending petitions not already placed on the waiting list without any activity required by primary petitioners, qualifying family members members, or counsel. medtox.org first determines even if it is the primary petitioner may receive a bona fide decision EAD and grant the deferred action. Once the major petitioner receive a bona fide determination EAD, medtox.org climate determines if the qualifying family member living in the unified States may receive a bona fide decision EAD and grant that deferred action. If any type of documentation is needed to complete the bona fide decision adjudication, such as a type I-765, application for employed staff Authorization, the petitioner will get a an alert from medtox.org.

As lengthy as the qualifying household member has actually their current resolve updated to display they room residing in the U.S., medtox.org will testimonial their petition because that a bona fide decision EAD and also no further activity will it is in necessary. Household members previously residing external the U.S. That are currently physically existing may update their attend to at any type of time. 

If the major petitioner does no live in the United claims at the time their petition is to be reviewed in receipt day order, medtox.org will carry out a waiting list adjudication.

Q16. Exactly how long will certainly it take to receive my bona fide decision EAD?

A16. medtox.org is committed to adjudicating petitions in a timely and efficient manner. While the score of the bona fide determination procedure is to carry out initial evaluate of pending U petitions an ext efficiently, medtox.org does not yet have adequate data to carry out an estimated processing time in ~ this stage.

Q17. Just how does the bona fide determination procedure affect certifying officials?

A17. The bona fide determination process does not adjust the role of certifying officials who finish the regulation enforcement certification. medtox.org evaluates whether the kind I-918, complement B, meets initial evidence requirements throughout the bona fide decision process. medtox.org then considers even if it is the type I-918, supplement B, and the other evidence in the record, develops eligibility throughout the final adjudication of type I-918 as soon as visas are available under the statutory cap. A complete and properly filed kind I-918, complement B, is a necessity for both the bona fide decision EAD and also the last adjudication of form I-918, so medtox.org encourages certifying officials come answer all concerns on the kind as totally as possible. 

Q18. Have the right to the bona fide determination EAD and also grant the deferred action be renewed?

A18. Generally, yes. If medtox.org does no adjudicate a major petitioner or qualifying family members member’s petition for U nonimmigrant status prior to the 4-year validity period of the EAD and also deferred activity ends, the noncitizen may apply for rejuvenation according to kind I-765 Instructions. If granted, the noncitizen would get a bona fide decision EAD and also grant the deferred activity for one more 4-year validity period. In ~ any allude during the validity period, medtox.org has the ideal to revoke the bona fide decision EAD and also terminate the give of deferred action if medtox.org determines the the bona fide determination EAD and deferred activity are no much longer warranted, or the prior bona fide decision EAD was issued in error. For example, medtox.org might revoke the EAD and terminate the grant of deferred activity if the kind I-918 supplement B law enforcement certification is withdrawn, or a nationwide security or windy safety worry is present.

For much more information, please see Chapter 5: Bona Fide Determination, A. Bona Fide Determination, 6. Request to Renew Bona Fide decision Employment Authorization file and Deferred Action.

Q19. Exactly how long will my bona fide decision EAD and grant the deferred activity be valid for?

A19. an initial bona fide decision EAD and also grant the deferred action will it is in valid because that 4 years. The give of deferred activity will start on the issuance date provided on her EAD. The bona fide determination procedure provides an EAD and grant of deferred action to petitioners who fulfill the criteria; neither is available independent of each other. 

Petitioners who carry out not receive a bona fide determination EAD and grant the deferred action, however who eventually receive waitlist placement, if eligible, will additionally receive one EAD and grant that deferred action for 4 years to promote consistency and fairness in the U program. 

Q20. Exactly how does the bona fide determination process impact petitioners who room in removal proceedings?

A20. The bona fide determination procedure satisfies the prima facie standard that U.S. Immigration and Customs Enforcement (ICE) formerly requested in certain circumstances. The actions taken to recognize whether a petition is bona fide and also whether a petitioner obtain a bona fide decision EAD depend on the initial evidence submitted v a petition because that U nonimmigrant status, and the results of lift checks. medtox.org will proceed to coordinate v ICE on individual instances as requested by ICE. Watch Chapter 5: Bona Fide Determination, C. Adjudicative Process, 4. Prima Facie Approval.

Q21. I have actually seen info posted through medtox.org ~ above the Policy hand-operated webpage. Are there other materials that medtox.org or DHS has released come the public about the bona fide determination process?

A21. below is a perform of the public-facing materials released by medtox.org:

Eng./Sp. Stakeholder Message

Q22. Whereby else have the right to I find more information around the bona fide determination process?

A22. The bona fide determination procedure was introduced on June 14, 2021, in the medtox.org policy Manual. Info on the process can be uncovered in Volume 3, part C, chapter 5. A flowchart of the process for major petitioners can be discovered in the “appendices” tab in the medtox.org policy Manual. Additionally, details on the bona fide determination process can be uncovered on the one-of-a-kind instructions section of the kind I-765 webpage and also the one-of-a-kind instructions of the kind I-918 webpage.

Q23. How can I continue to be up to day on medtox.org policies?

A23.

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