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You can get a U visa work permit while your case is pending by qualifying for a Bona Fide Determination or being placed on the official waitlist. This authorization is not automatic upon filing; it requires a USCIS determination and an active Form I-765.
USCIS created this Bona Fide Determination process on June 14, 2021, and it can lead to a 4-year U visa work permit before your full visa is granted. It is the fastest path we see, and it is where our U visa attorneys focus first.
Qualifying for employment through the Bona Fide Determination process
Since 2021, USCIS has used a specific screening process to help victims more quickly. Under the policy implemented on June 14, 2021, the agency conducts an initial review of the pending case to decide if it is made in good faith and contains all required documents, such as the law enforcement certification.
We often see confusion when applicants receive a Bona Fide Determination notice but do not realize they still need a filed Form I-765 to actually receive the physical card. Without the formal application, the agency will not mail the actual U visa work permit even if the case is preliminarily approved.
A successful screening grants the applicant a U visa work permit valid for 4 years. This timeframe gives victims a legal way to earn a living while the case waits for a final visa number.
You can find more detail on how USCIS reviews pending U visas in our guide to the U visa bona fide determination, which confirms whether your initial filing meets the standards for this expedited review.
Filing Form I-765 with your U visa petition
The physical work permit card is only issued if USCIS has a formal application for employment authorization on file. While most applicants file this form with their primary U visa petition, it is possible to file it later if the original packet did not include it.
Most cases we handle involve several forms submitted together to avoid delays. Our guide on how to get a work permit with Form I-765 covers the general process, while this article focuses on the steps specific to U visa applicants.
Once filed, the timing of your work permit depends on which stage of the process you reach first. This often relies on whether your petition meets the requirements for a BFD review or if it must wait for the full waitlist placement. To ensure your application is processed correctly, include the following items:
- Form I-765: submit the Application for Employment Authorization.
- Category code: use (c)(14) if you are seeking the permit based on a Bona Fide Determination.
- Filing fee: there is no fee to file this initial I-765 under the (c)(14) category, so no fee waiver request is needed.
- Photographs: provide two identical passport-style photographs.
Receiving a work permit after reaching the U visa waitlist
While the BFD is the first check, the waitlist is the traditional secondary path for pending cases. If a case does not meet the BFD criteria for any reason, USCIS continues to process it toward the official U visa waitlist.
This path exists because the law only allows 10,000 U-1 visas each year, which creates a large queue of pending cases.
Deferred action status
When you are placed on the waitlist, you are granted deferred action. This means the government acknowledges your presence and decides not to pursue deportation while you wait for your visa number.
Some victims qualify for other humanitarian protections instead, and the work permit process is different for each one. If your case involves VAWA, our guide on how to get a work permit and EAD after filing your VAWA case explains that separate process.
Category codes for the waitlist
Unlike the BFD work permit, a permit granted through the waitlist may use different category codes depending on your specific situation. Obtaining the U visa work permit through this path still provides a 4-year validity period, which can be renewed until the final visa is available. Regardless of the path, understanding the timeline is essential for planning your employment.
How long the work permit process takes for crime victims
The speed of your work permit often depends on how quickly your biometrics are processed and reviewed. After filing your petition, USCIS will schedule an appointment at an Application Support Center to collect your fingerprints and photograph. This step is a prerequisite for any U visa work permit because the agency must complete a background check before issuing any benefit.
The current backlog of pending I-918 petitions means that even the preliminary BFD review can take many months or even years. Many applicants are surprised to learn that a card does not arrive right after the biometrics appointment.
While the BFD policy was created to speed up the process, the volume of cases remains high. USCIS reviews petitions in the order they were received, so the wait can still be long.
What to do if your work permit is expiring before your U visa is approved
The 4-year validity of a BFD permit is generous, but the U visa backlog is often longer, so many applicants must renew before their case is finally approved. Filing for a renewal before your current card expires extends your deferred action and keeps you eligible for the other U visa benefits tied to your pending case.
You should look at your expiration date at least six months in advance and file the renewal on time to avoid any gap.
Once your U visa is finally approved, work authorization for the principal applicant is issued automatically under category (a)(19) and you will not need to file another I-765. Derivative family members apply separately through Form I-918 Supplement A.
If you are unsure about whether you used the correct category code on your Form I-765, why you received a Bona Fide Determination notice but no physical card, or how to add qualifying family members to your pending petition, contact our team and we will look at it with you. We help victims of crime resolve these specific procedural hurdles to secure their right to work.
Frequently asked questions about U visa work permits
Can my family members also get a work permit while the U visa is pending?
Qualifying family members are petitioned using Form I-918 Supplement A, and once USCIS determines their inclusion is bona fide, they can also apply for a work permit under the (c)(14) category. This allows a spouse or children to work legally in the U.S. while the entire family waits for a final visa number.
Does receiving a work permit mean the U visa is guaranteed to be approved?
Obtaining a work permit through the Bona Fide Determination process indicates a preliminary review of the case was successful. However, it is not a final approval of the U visa. USCIS performs a more in-depth background check later in the process, which could still lead to a denial if new issues or inadmissibility grounds arise.
Can I travel outside the United States after I receive my work permit?
Having a work permit based on a pending U visa does not automatically grant the right to re-enter the country. Traveling abroad without a specific document called Advance Parole generally results in the abandonment of the petition. It is often risky for victims to leave the U.S. because returning depends on very specific legal exceptions.
Do I need to apply for a social security number separately from my permit?
You can request a Social Security Number directly on Form I-765 by checking the appropriate boxes. If you select this option, the Social Security Administration typically mails the card within a few weeks of the work permit approval. If those boxes are not checked, a separate visit to a local Social Security office is required.
Can I use my U visa work permit to work for any employer?
The work permit issued under the (c)(14) or (a)(19) categories is considered open market authorization. This means the holder is not tied to a specific employer or sponsor. You generally have the freedom to change jobs, work for multiple companies, or be self-employed, provided the permit remains valid and you continue to comply with immigration requirements.
What happens if I forgot to file the work permit form with my initial petition?
You can file Form I-765 later by including a copy of your Form I-918 receipt notice. While concurrent filing is generally faster, submitting it afterward still allows for consideration under a Bona Fide Determination. Keep in mind that a permit cannot be issued until the form is received and processed by the immigration agency.
