U Visa Employment Authorization Process

Summary

Principal beneficiaries of a U-Visa can apply for employment authorization after receiving a bona fide determination or U-Visa approval. Derivative beneficiaries, such as family members, may also be eligible for employment authorization based on their connection to the principal beneficiarys case. The bona fide determination allows for interim benefits, including potential employment authorization. Category C14 is used for individuals with a bona fide determination to apply for employment authorization. If you have questions about the application process or need specific forms, consider consulting with an immigration attorney for guidance.

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not yet
It sounds like the principal beneficiary's U-Visa has not yet been approved, which is likely why they cannot apply for an employment authorization. Typically, the principal beneficiary can only apply for employment authorization after their U-Visa is approved.
Do you have any more questions or need further clarification on the U-Visa process?
sorry it was approved.
Got it! Here’s some general information that might help:
- U-Visa Employment Authorization: Principal beneficiaries can apply for employment authorization once their U-Visa is approved.
- Derivative Beneficiaries: Family members listed in the U-Visa petition can apply for employment authorization once their status is granted.
Have you checked if any additional paperwork or steps are required post-approval for the principal beneficiary's employment authorization?
bona fide was granted
It sounds like there might be some confusion regarding the "bona fide" status and its implications. Here's some clarification:
- Bona Fide Determination: USCIS issues a bona fide determination for U-Visa applications that appear to be complete and credible. This doesn't mean the final approval but allows for certain interim benefits.
- Employment Authorization: With a bona fide determination, the principal beneficiary may be eligible for employment authorization even before the final U-Visa approval.
Would you like information on how to proceed with employment authorization based on the bona fide determination?
yes
Sure! Here’s what you need to know:
- Bona Fide Determination: Allows for interim benefits, including potential employment authorization.
- Form I-*: File this form for employment authorization based on the bona fide determination.
- Documentation: Include evidence of the bona fide determination and any other required supporting documents.
Do you need help with finding the specific forms or additional steps?
yes
Sure, here’s how you can proceed:
- Form I-*: Download and complete Form I-* for employment authorization based on the bona fide determination.
- Supporting Documents: Include evidence of the bona fide determination and any other required documents.
Would you like a link to the form or guidance on filling it out?
no thanks, so why could i have not filed for employment authorization before this bona fide determination? as principial beneficiary
It seems like the principal beneficiary (you) could not file for employment authorization before the bona fide determination because USCIS requires either a bona fide determination or the final approval of the U-Visa before granting employment authorization. This ensures that only those with credible claims receive such benefits.
Would you like more details on the next steps for your employment authorization?
why was the derivative beneficiary able to?
The derivative beneficiary could apply for employment authorization based on their connection to the principal beneficiary's case. Once the principal beneficiary gets a bona fide determination, the derivative beneficiaries are often granted similar interim benefits.
Would you like more information on the employment authorization process for derivative beneficiaries?
what does based on their connection mean
"Based on their connection" means that derivative beneficiaries (such as family members) are eligible for certain benefits because of their relationship to the principal beneficiary, who has received a bona fide determination or final U-Visa approval.
Do you need any further assistance with the employment authorization process?
what if when i applied we had not received yet a bona fide determination
It sounds like when you initially applied, the bona fide determination had not yet been granted, which is why you couldn't file for employment authorization as the principal beneficiary. Only after receiving the bona fide determination or U-Visa approval can the principal beneficiary apply for employment authorization.
Do you need guidance on any other steps regarding your U-Visa or employment authorization?
WHAT DOES STATUS GRANTED MEAN FOR DERIVATIVE BENEFICIARIES IN THIS CASE
When a derivative beneficiary's status is "granted," it means their U-Visa has been approved, allowing them to receive benefits such as employment authorization and legal status in the U.S.
Do you need more information on the rights and benefits of derivative beneficiaries?
yes
Sure! Here are some rights and benefits of derivative beneficiaries whose status is granted:
- Legal Status: Authorized to live in the U.S. for up to four years.
- Employment Authorization: Eligible to work legally in the U.S.
- Path to Adjust Status: May apply for a Green Card after three years of continuous presence in the U.S.
Do you need further details on any specific benefit?
in this case, the beneficiary applied for an employment authorization and was granted but why was the principal beneficiary not allowed to
It seems like there's been some confusion about the process. The principal beneficiary can apply for employment authorization only after receiving a bona fide determination or U-Visa approval. If the derivative beneficiary was granted employment authorization, it suggests their status was processed based on the principal beneficiary's bona fide determination.
Do you need help with any specific forms or further steps in the process?
what is category c14
Category C14 refers to the eligibility category for employment authorization for individuals who have received a bona fide determination from USCIS regarding their U-Visa application. This category allows them to apply for interim employment authorization while waiting for the final adjudication of their U-Visa.
Do you need assistance with the application process for this category?