U Visa Work Permit (Bona Fide) Before Final Approval

The wait for a U Visa usually lasts more than five years. Meanwhile, many people live with anxiety, unable to work legally, support their families, or access basic services. It is frustrating: you cooperated with the authorities, you were a victim of a crime, and yet you are trapped in an indefinite pause.

But since 2021, there is a way out: the work permit by “Bona Fide Determination”. This temporary benefit has changed the lives of thousands of applicants, allowing them to obtain work authorization long before their case is formally approved. In this article, we explain what it is, how to get it, and why it is key for those waiting for a U Visa in 2026.

What is the Bona Fide Determination?

Early relief for those who have already done their part.

The Bona Fide Determination (BFD) is an initial assessment USCIS makes to decide if a U Visa application is legitimate and complete. If your petition passes this review, you could receive:

• A work permit valid for 4 years.
• The possibility of remaining in the U.S. temporarily while USCIS makes a decision on your case.

* This benefit does not mean your case has been approved, but it allows you to live and work legally until the final decision arrives.

Why does the Bona Fide Determination exist?

USCIS implemented this policy in 2021 due to the growing backlog in U Visa approvals, which exceeds 5 years in many cases. Given this situation, the agency decided to grant temporary relief to those who:

It is a way of recognizing that applicants should not remain “frozen” for years without any protection.

How do you know if you qualify for this permit?

How long does it take for the permit to arrive?

On average, USCIS is taking between 12 and 18 months to issue the Bona Fide determination from the time the initial application is received. This could vary depending on the workload, the clarity of your case, and the documentation. Although it is still a considerable wait, it is much shorter than the 5+ years for full approval.

What happens if I didn't include Form I-765?

You could still send it. If you did not send the work permit application with your U Visa application, you could send it later, as long as your case is still pending. USCIS will accept the form and consider it if they have already given you the Bona Fide determination or are about to do so.

Could the permit be denied?

Yes, there are situations where USCIS could deny the temporary benefit, for example:

• If they find serious errors or fraud in your application.
• If you have criminal records you did not report.
• If you do not meet the minimum requirements.

That is why it is crucial to prepare your case well from the beginning and keep your data updated.