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U Visa Work Permit

What is a U Visa Work Permit?

June 7, 2022 Philip Levin

The U visa work permit was created by Congress in October 2000, as part of the Victims of Trafficking and Violence Protection Act, the U visa work permit allowed undocumented immigrants to come forward and report crimes committed against them without fear of deportation. This made it easier for law enforcement to crack down on crimes like trafficking and domestic abuse. This translates to less crime and more support for victims. A successful petitioner is granted Employment Authorization Documents and can apply, after three years, for a green card. Eventually, a U visa work permit holder can even become a naturalized citizen, if they meet all the citizenship requirements. 

Who qualifies for a U Visa work permit?

You can qualify for a U Visa work permit for multiple reasons, one of which is if you are the victim of qualifying criminal activity. Such activity includes felonious assault (robbery), domestic violence, sexual assault, rape, trafficking, and more. If you have information regarding criminal activity or can be helpful to law enforcement in the prosecution of a crime, you may be eligible. The crime should have occurred in the United States or violated U.S. laws. To qualify for a U Visa work permit, you should also be admissible into the United States.

What is the U Visa work permit waiting time?

The USCIS posts up-to-date processing times for applications including U Visa work permits. Currently, the estimated wait time is 5+ years due to the annual statutory limit of 10,000 new U visas, resulting in a wait-list. This is how long it may take them to complete 80% of their cases. On average, 5+ years is the time until notification of BFD or wait-list placement, not the issuance of U nonimmigrant status. This means that it may take even longer for U nonimmigrant status to be granted. Bonafide determination (BFD) is granted to allow U Visa work permit applicants the ability to work in the U.S. while waiting for full adjudication. 

When do I get a U Visa work permit?

You will get your U Visa work permit after completing all parts of your application and waiting for the USCIS to complete processing it. This means completing and submitting form I-918, Petition for U Nonimmigrant Status. This includes Supplement B, which must be signed by a law enforcement agency confirming that you will be helpful to them. You must also include a personal statement about the criminal activity. Applicants who are not admissible to the U.S. should file an I-192 form to waive inadmissibility. U Visa work permit applicants must also submit evidence to establish each eligibility requirement. 

Picking the right U Visa Lawyer

When applying for a U Visa work permit, it’s important to pick a lawyer who can help you through every step of the process. A great option for a Bay Area immigration lawyer, Philip Levin & Associates has focused exclusively on immigration law since 1991. Our experienced team helps families, foreign nationals, and businesses through all parts of the immigration process, including U Visa applications. If you are planning on applying, we are happy to help. Reach out today to set up a consultation to talk about your U Visa work permit.

Filed Under: Visa Tagged With: u visa, work permit

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R-1
TN

The TN nonimmigrant classification allows qualified Canadian and Mexican citizens to enter the U.S. and engage in professional business activities. PL&A will help you navigate through the TN application process by evaluating your eligibility, preparing supporting documentation for your application, and ultimately filing your application. 

B-1

PL&A will guide you through the consular process to receive a B-1 visa for specific short-term business purposes ranging from contract negotiations to seminars and conferences.

O-1

O-1 visas are for persons of extraordinary ability in the sciences, arts, education, business or sports. 

J-1

Administered by the Department of State, the J-1 visa is for students, trainees, academics, researchers, professionals or experts participating in an approved Exchange Visitor program. PL&A will assist you and your sponsor with preparing the necessary paperwork and the consular process so you can begin your program at ease. 

E-1 & E-2

E-1 visas and E-2 visas are for nationals of countries with which the United States has a treaty of friendship, commerce and navigation (FCN) or bilateral investment treaty (BIT). If you are a nonimmigrant trader or investor seeking to conduct business operations or develop a new enterprise in the U.S., we will help you file for the appropriate visa. As a recognized expert in this area, Mr. Levin will provide experienced and dependable assistance with E-1 or E-2 visa applications. 

  • E-1: If you are a national of a country that conducts a significant volume of trade with the U.S. (or if you intend to develop trade between the U.S. and your home country) you might be eligible for entry under an E-1 visa. 
  • E-2: The E-2 visa allows investors from treaty countries to enter the U.S. for purposes of directing and developing a business, with all the commitments and risks implicit in entrepreneurial activity. 
L-1

The L-1 visa category is for executives, managers or professionals employed by foreign affiliates of U.S companies. The L-1 visa is divided into two classifications:

  • L-1A Intracompany Transferee Executive or Manager
  • L-1B Intracompany Transferee Specialized Knowledge
H-1B

Many companies in the United States find themselves increasingly dependent on the talent, experience and energy of foreign national workers in professional, technical or specialized occupational fields. These employees typically enter the U.S. on nonimmigrant H-1B visas for “specialty occupations.” 

With extensive experience in business immigration, you can count on PL&A to guide your company or Human Resources department in preparing and filing an H-1B visa petition.

Green Card

Family preservation and reunification is a priority for our firm. Our attorneys have advised and assisted families from all over the world with entry visas, adjustment of status, and other immigration problems. 

  • Immediate Relatives: If you are the spouse, child, or parent of a U.S. citizen, we can help you obtain a green card through an Immediate Relative petition. 
  • Family-Based Preference: If your relative is a U.S. citizen or lawful permanent resident, we can assist you with your green card application through one of the family based preference categories.
Fiances

If you are a U.S. citizen and your fiancé/fiancée or spouse is overseas, our office will assist you to navigate the CIS requirements and regulations to have the case approved and then prepare you and your spouse for the interview at the U.S. Embassy. PL&A will also help you find the best ways to resolve any problems you encounter if a waiver is required in your case.

Marriage

Immigration through marriage is a common means of obtaining permanent residence in the U.S.  Since 1991, Philip Levin & Associates has helped hundreds of couples immigrate to the U.S. and build their lives together. 

  • I-130 Petition and Adjustment of Status: If you are married to a U.S. citizen, present in the U.S. and eligible to do so, our attorneys will assist you in preparing and filing the necessary I-130 petition and I-485 adjustment of status application in the U.S.
  • Immigrant Visa Consular Processing: If you are married to a U.S. citizen and reside abroad, we will assist you in preparing and filing the IV petition with an Embassy or Consulate-General in your native country. 
  • I-751, Remove Conditions on Residence: If you have been married less than two years at the time your green card was initially approved, our office will help you in the joint petition process to become a permanent resident.