When Will I Get My Work Permit After Submitting My U Visa Application?

The U visa program provides a pathway for victims of certain crimes to obtain legal status in the United States. Along with working with law enforcement to solve crimes and the possibility of eventual permanent residency, one of the key benefits of the U visa is the opportunity to obtain a work permit, officially known as an Employment Authorization Document (EAD).

Here’s a closer look at the U visa, as well as when you can expect to receive your work permit after submitting your U visa application, and certain factors that can affect the process.

The Benefits of a U Visa

The U visa offers several significant benefits to victims of qualifying crimes:

Eligibility for a U Visa Work Permit

To be eligible for a U visa work permit, individuals must demonstrate that they have a genuine U visa petition pending. This involves providing evidence that they meet the legal requirements for a U visa, such as being a victim of a qualifying crime and assisting law enforcement in the investigation or prosecution of the crime.
Obtaining a signed certification from the relevant law enforcement agency confirming the individual’s helpfulness is crucial for eligibility. It’s also common for many U visa applicants to require a waiver of inadmissibility due to past immigration violations, which must be filed on Form I-192 along with supporting documentation.

U Visa Application and Work Permit Process

To apply for a U visa, you must submit Form I-918 and the required supporting documents to establish your eligibility. If you’re petitioning for family members to join you, you must also complete and submit Form I-918 Supplement A. In addition, you must provide a signed Form I-918 Supplement B from the law enforcement agency that demonstrates your victim status and assistance in their investigation. You’ll also be required to submit substantial evidence that supports your claim, such as medical reports, therapy session notes, police reports, court documents, and psychiatric evaluations.

Once you’ve submitted your U visa application, it will undergo initial processing at the USCIS. During this period, the agency will review your application to ensure it’s complete and that you meet the eligibility criteria for a U visa. The USCIS issues a limited number of 10,000 U visas each year; due to a backlog of U visa applications, this process can take several years.

If your application is approved, you’ll be placed on a specific waiting list and granted deferred action status, which will protect you from deportation. You’ll also be eligible to receive a two-year work permit. If a U visa is unavailable for you within two years, your work permit can still be renewed.

Obtaining a Work Permit Once Your Application is Approved

Once your U visa petition is approved, you’ll need to apply for a U visa work permit or EAD separately by submitting Form I-765, Application for Employment Authorization. This form, along with the required supporting documents and fees, will need to be submitted to the USCIS. The USCIS will review your work permit application and conduct a background check before making a decision.

The processing time for the U visa work permit can vary depending on several factors:

Generally, the USCIS strives to process work permit applications within 90 days. However, it’s essential to understand that processing times are subject to change, and the actual timeline can exceed 90 days due to various circumstances.

After the USCIS approves your work permit application, you’ll receive an approval notice and your work permit. The work permit, or EAD, is sent by mail to the address you provided on your application. Again, timeframes can vary, but you’ll typically receive your work permit within a few weeks to a couple of months after your application is approved.

Once you receive your work permit and social security number, you are eligible to work legally in the United States. Keep in mind that as a U visa holder, it’s crucial to maintain your status and comply with the conditions of your visa program, including avoiding criminal activity and continuing to cooperate with law enforcement if necessary. You should be mindful of renewing your work permit on time to ensure continuous work authorization.

Navigating the U Visa & Work Permit Process

Obtaining a work permit through the U visa process can be a crucial step towards rebuilding your life and achieving stability after experiencing crimes in the United States. While the timeline for receiving your work permit may vary based on USCIS processing times and individual case circumstances, it is essential to remain patient and informed throughout the process.

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