USCIS Error Results in Accidental Rejections and Unnecessary Fees for Certain U Visa Applicants

By: Navdeep Meamber

United States Citizenship and Immigration Services (USCIS) has incorrectly denied certain Form I-765, Application for Employment Authorization petitioners of U nonimmigrant status. Certain applicants that did not require a fee and filed without one between June 14 and September 29, 2021 may have had their application mistakenly denied. USCIS also accepted fees for submissions that did not require one. Forms submitted on or after September 30, 2021 were processed correctly.

 

USCIS is monitoring the issue and will correct the inaccuracies. The agency is expected to issue refunds by March 22, 2022.

Background

Since June 14, 2021, under the new Bona Fide Determination (BFD) policy, people living in the US with a pending Form I-918, Petition for U Nonimmigrant Status may qualify for a determination employment authorization document and deferred action if:

• They properly filed a Form I-918 and I-918 Supplement B,
• They warrant a favorable exercise of discretion on biometrics, and
• Their application was complete and made in good faith.

If an applicant is qualified under this policy, no fee is required for an initial Form I-765 filed under 8 CFR 274a.12(c)(14).

Form I-765 Refund

If an applicant filed an initial Bona Fide Determination-related Form I-765 under the (c)(14) eligibility category and paid a fee between June 14 and September 29, 2021, they may qualify for a refund. USCIS will properly identify qualified applicants and issue necessary refunds by March 22, 2022. The agency will likely release more information on the process soon.

next steps for applicants

Qualified applicants should automatically receive a refund. If an applicant believes they qualify and they do not receive a payment by March 22, 2022, they may reach out to USCIS for more information:

• Vermont Service Center: HotlineFollowupI918I914.vsc@uscis.dhs.gov
• Nebraska Service Center: NSC765C14inquiries@uscis.dhs.gov

Applicants who submitted the initial paperwork without a fee and were incorrectly rejected may refile their application without a fee.

Additional Information

Applicants can visit the official USCIS website to access Forms I-765 and I-918 and additional information or instructions, or they can consult the USCIS Policy Manual.

conclusion

For questions regarding Form I-765 or Form I-918 refunds and resubmissions, contact your experienced Chugh LLP, immigration specialist.