U-1 to U-5 · Timeline

After you file: bona fide review, waiting list and the annual cap

What happens between filing Form I-918 and a final decision.

◈High confidence The law allows no more than 10,000 people to receive U-1 status or a U-1 visa in a fiscal year; U-2 to U-5 family members are not counted. USCIS decides Form I-918 petitions under this cap in the order it received them, and says it has reached the cap every year since fiscal year 2010.^[1,2]

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   1. Bona fide review

   If you live in the United States, USCIS first checks whether your petition is bona fide: a properly filed Form I-918, a properly completed Supplement B, a personal statement describing the victimization, and the results of your background and security checks. It then decides whether you merit a favorable exercise of discretion, including any national security or public safety risk. Family members are reviewed only after the principal receives a bona fide determination, and petitioners living abroad are not considered for this step.^[2]

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   2. Work permit and deferred action

   If your petition is bona fide, you merit a favorable exercise of discretion, and you have filed Form I-765, USCIS issues both an EAD and deferred action, valid for 4 years; you cannot get one without the other. If USCIS still has not decided your petition when they expire, you can generally apply to renew them. There is no fee for the initial EAD or a renewal; USCIS recommends filing Form I-765 together with Form I-918 and sends a notice asking you to file it if you have not.^[2]

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   3. Waiting list

   ◈High confidence If you do not receive a bona fide determination, or you live abroad, USCIS reviews the petition for the waiting list. Eligible petitioners who are not granted U-1 status only because of the cap are placed on the list by filing date and receive deferred action or parole, and USCIS may authorize them to work. You do not accrue unlawful presence while on the list with deferred action or parole, but USCIS may remove you from the list at its discretion.^[1,2,3]

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   4. Final decision

   ◈High confidence When U visas become available for your place in line, USCIS makes the final decision; you do not have to take any additional step to request it. If you are in the United States and approved, USCIS grants U-1 status at the same time and sends Form I-797 with an I-94 record showing U-1 status; if you are abroad, it forwards the approval to the State Department. If the petition is denied, you can appeal to the Administrative Appeals Office (AAO).^[1,4]