USCIS has acknowledged the mistaken rejection of certain applications for work authorization (Form I-765) from some U visa applicants who filed their applications between June 14, 2021, and September 29, 2021. Some applications were mistakenly rejected for having been filed without a fee, or request for fee waiver. In certain cases, USCIS accepted fees for some cases where a fee had not been necessary. USCIS is aware of the issue and is expected to issue refunds by March 22, 2022.
U visa applicants who submitted their applications for employment authorization under the new bona fide determination category between June 14, 2021, and September 29, 2021, and had their work authorization applications rejected due to lack of funds may be able to resubmit their Form I-765 without a fee.
If you or someone you know has filed an I-765 application for employment authorization based on having a pending U visa or with a U petition during that time frame and believe you may have been affected by this, please contact Knudson & Associates to schedule a consultation with one of our experienced attorneys.