Receiving a notice that your U Visa bona fide determination was not granted can be frightening, especially if you have already spent months or years waiting for an update on your immigration case.
You may wonder whether your U Visa application has been denied, whether you can still receive a work permit, or whether you need to start the entire process again.
The most important thing to understand is that not receiving a favorable bona fide determination does not automatically mean your U Visa petition has been denied.
Under the U.S. Citizenship and Immigration Services (USCIS) Bona Fide Determination policy, applicants who do not receive a bona fide determination employment authorization document (BFD EAD) are generally evaluated for placement on the U Visa waiting list.
However, the next steps depend on the circumstances of your petition and any notices USCIS has issued.
Understanding the difference between a bona fide determination, waiting-list placement, and an actual U Visa denial can help you make informed decisions about your immigration case.
What Is a U Visa Bona Fide Determination?
A U Visa bona fide determination (BFD) is a preliminary review conducted by USCIS for certain individuals with pending U nonimmigrant status petitions.
The process was introduced in June 2021 to provide eligible petitioners with an opportunity to receive temporary employment authorization and deferred action while their U Visa petitions remain pending.
This is particularly important because the number of principal U Visas available each fiscal year is limited by federal law.
During the BFD process, USCIS generally examines whether:
- The petitioner has properly filed Form I-918, Petition for U Nonimmigrant Status.
- The petition includes the required initial evidence, including a properly completed law enforcement certification and personal statement.
- Required background and security checks have been completed.
- The petitioner merits a favorable exercise of discretion, considering public safety, national security, and other relevant factors.
A favorable BFD review may result in an employment authorization document and deferred action.
However, a bona fide determination is not an approval of U nonimmigrant status. USCIS must still evaluate eligibility before issuing a final decision on the underlying petition.
For additional background, read our guide on U Visa processing times in 2026, which explains the broader process and the challenges associated with waiting for a final decision.
U Visa Bona Fide Determination Not Granted: Does It Mean Your Case Was Denied?
No. A U Visa bona fide determination not granted is different from a formal denial of Form I-918.
USCIS distinguishes between the preliminary decision concerning BFD-based employment authorization and the final adjudication of a U Visa petition.
If USCIS decides not to issue a BFD EAD, it generally proceeds with a more complete review to determine whether the principal petitioner qualifies for placement on the U Visa waiting list.
This distinction matters because applicants may still have an opportunity to obtain employment authorization and deferred action through the waiting-list process.
Understanding the Different U Visa Decisions
USCIS may issue different decisions throughout the U Visa application process. Understanding what each decision means can help you determine where your case stands and what may happen next.
1. BFD Review Is Still Pending
USCIS has not necessarily decided whether to issue a Bona Fide Determination Employment Authorization Document (BFD EAD). Your case may still be undergoing preliminary review.
2. BFD EAD Not Granted
USCIS has decided not to grant the preliminary employment authorization benefit. However, this does not automatically mean your U Visa petition has been denied. Your petition may still proceed to waiting-list eligibility review.
3. Approved for the U Visa Waiting List
USCIS has determined that you qualify for placement on the U Visa waiting list while a visa number remains unavailable. This is an important step in the process, although it does not mean your U Visa has received final approval.
4. Form I-918 Denied
USCIS has issued an adverse decision on your underlying U Visa petition. This is different from a BFD non-grant and requires a separate review to determine whether any legal options may be available.
Important: If you receive a notice from USCIS, read its exact language carefully. A decision concerning your BFD EAD should not be interpreted as a final U Visa denial without reviewing the underlying notice.
What Happens After USCIS Does Not Grant a Bona Fide Determination?
The next stage generally involves waiting-list adjudication, which is more comprehensive than the initial BFD review.
According to the USCIS Policy Manual, when an officer determines that a principal petitioner will not receive a BFD EAD, USCIS reviews the complete filing for deficiencies or other concerns relevant to waiting-list eligibility.
This review may involve a Request for Evidence (RFE) or Notice of Intent to Deny (NOID).
1. USCIS Reviews the Petition More Thoroughly
Unlike the preliminary BFD process, waiting-list adjudication requires a substantive evaluation of U Visa eligibility.
USCIS considers whether the evidence establishes the applicable requirements, including qualifying criminal activity, substantial physical or mental abuse, and the petitioner’s helpfulness to law enforcement.
The agency may also evaluate inadmissibility issues and whether a waiver is available and warranted.
A petitioner who does not receive a BFD EAD may therefore still qualify for waiting-list placement after this review.
2. USCIS May Request Additional Evidence
An RFE requests additional documentation or clarification needed to evaluate a case.
Depending on the circumstances, USCIS may request information related to:
- The qualifying criminal activity.
- The harm suffered by the petitioner.
- The petitioner’s cooperation with law enforcement.
- The law enforcement certification.
- Criminal or immigration history.
- Other eligibility or discretionary concerns.
A Notice of Intent to Deny is different. It generally explains why USCIS is considering an adverse decision and gives the petitioner an opportunity to respond as specified in the notice.
An RFE or NOID should never be ignored. The notice identifies a response deadline, and failing to respond appropriately can have serious consequences.
If you receive either notice, consider having a qualified immigration attorney review it before preparing your response.
3. USCIS Determines Waiting-List Eligibility
If USCIS determines that the principal petitioner is eligible for U nonimmigrant status but a visa number is unavailable because of the annual cap, USCIS may place the petitioner on the waiting list.
Waiting-list placement can provide access to deferred action and potential employment authorization while the petitioner awaits final adjudication.
However, if USCIS determines that the petitioner does not qualify for waiting-list placement, the agency may deny the underlying petition.
The National Immigrant Justice Center’s explanation of U Visa bona fide determinations also addresses this distinction between the BFD process and the waiting list.
Why Might USCIS Decide Not to Grant a BFD EAD?
There is no single explanation that applies to every case.
USCIS makes preliminary BFD decisions based on filing requirements, background and security checks, and the exercise of discretion.
Some circumstances that can affect the review include the following.
Incomplete Initial Filing Requirements
USCIS considers whether the petition meets the requirements for a bona fide filing.
For a principal petitioner, important initial documents include Form I-918, a properly completed Form I-918 Supplement B law enforcement certification, and a personal statement describing the victimization.
Missing or deficient initial evidence can raise concerns that require further examination.
However, applicants should not assume that every BFD non-grant results from missing documents.
Criminal History or Public Safety Concerns
USCIS reviews background and security information before determining whether to issue BFD-based employment authorization.
Certain arrests, convictions, or other adverse information may lead USCIS to conduct a more comprehensive review rather than grant the preliminary benefit.
This does not mean every criminal record automatically disqualifies a person from U nonimmigrant status.
The nature of the offense, available documentation, inadmissibility considerations, and other circumstances can be legally significant.
An attorney may need to examine court dispositions, prior immigration records, and other evidence to assess the situation properly.
Other Discretionary Factors
The BFD process also requires USCIS to decide whether the petitioner warrants a favorable exercise of discretion.
An otherwise bona fide petition does not automatically guarantee a BFD EAD.
Likewise, a decision not to issue interim employment authorization does not by itself establish that the person is ineligible for a U Visa.
Living Outside the United States
BFD-based employment authorization and deferred action are intended for eligible petitioners living in the United States.
A U Visa petitioner residing outside the United States generally cannot receive those particular interim benefits through the BFD process.
However, residence outside the country does not automatically make the underlying U Visa petition invalid.
USCIS may instead proceed with waiting-list review.
This distinction is particularly important for individuals whose U Visa cases involve travel, prior removal, or periods spent outside the United States.
What Should You Do If Your U Visa BFD Was Denied or Not Granted?
The appropriate next step depends on what USCIS actually decided.
Before assuming your immigration case is over, take the following precautions.
Step 1: Identify the Exact USCIS Notice
Locate the most recent notice and read its title, explanation, and instructions.
Determine whether USCIS has:
- Declined to issue a BFD EAD.
- Requested additional evidence.
- Issued a Notice of Intent to Deny.
- Placed the case on the U Visa waiting list.
- Issued a formal denial of Form I-918.
These outcomes are not interchangeable.
If you have only received a receipt notice or completed biometrics, that does not necessarily mean USCIS has made a BFD decision.
Step 2: Review Your Original Immigration Filing
Keep an organized copy of your U Visa petition and supporting evidence.
Useful records may include:
- Form I-918 and its receipt notice.
- Form I-918 Supplement B, the law enforcement certification.
- Your personal statement.
- Police reports or other relevant evidence.
- Medical, counseling, or psychological documentation, where applicable.
- Criminal court records and immigration records, if relevant.
- Previous USCIS notices and correspondence.
Not every case requires the same documents.
The purpose of reviewing the file is to identify the relevant facts and determine whether any issue needs to be addressed—not to submit unnecessary documents without a clear reason.
Step 3: Respond Properly to Any RFE or NOID
If USCIS issues an RFE or NOID, follow the instructions and deadline in that notice.
Prepare a response addressing the specific concerns identified by USCIS, retain copies of the materials submitted, and preserve proof of delivery when applicable.
A response involving criminal history, a previous removal order, inadmissibility, or disputed eligibility may require careful legal analysis.
Submitting documents without understanding their legal significance could complicate an already sensitive case.
Step 4: Keep Your Contact Information Current
Immigration cases can remain pending for extended periods.
Make sure USCIS has your current address and that you receive important correspondence.
Because U Visa petitions involve special confidentiality considerations, applicants should follow the address-change instructions applicable to their case type rather than assume that a general online update is sufficient.
If an attorney represents you, confirm how the attorney and USCIS will communicate notices.
Step 5: Seek Legal Advice When Your Circumstances Require It
You do not necessarily need to start a new petition because a BFD EAD was not granted.
However, professional review can be particularly valuable if your case involves an RFE, NOID, criminal history, prior removal, an approaching deadline, or uncertainty about eligibility.
J Kelley Law Group assists individuals with U Visa eligibility, certification, supporting evidence, and questions about pending petitions.
Learn more about our U Visa legal services and how our immigration team may be able to assist.
Can You Still Get a U Visa Work Permit Without a Favorable BFD?
Potentially, yes.
One of the most common concerns after a BFD non-grant is whether the applicant will ever be able to obtain employment authorization.
The U Visa process provides more than one possible route to an employment authorization document (EAD).
A qualifying petitioner may receive work authorization through the BFD process. If that does not happen, an eligible principal petitioner may still receive deferred action and potentially employment authorization through placement on the U Visa waiting list.
However, filing Form I-918 or Form I-765 does not, by itself, authorize someone to work in the United States.
The applicant must have a valid legal basis for employment authorization.
Some individuals may have a separate employment authorization category unrelated to their U Visa petition. Whether that applies must be assessed individually.
For a more detailed discussion of processing delays, read our existing article about U Visa processing times and employment authorization in 2026.
Does a Pending U Visa Petition Protect You From Deportation?
A pending U Visa petition does not automatically provide lawful immigration status or guarantee protection from removal.
Deferred action, when granted, is a discretionary decision to defer removal for a particular period. It is not the same as lawful U nonimmigrant status and can be terminated under applicable policies.
This distinction matters especially for applicants with existing removal orders, immigration court proceedings, or other enforcement concerns.
If you are facing an immediate immigration enforcement issue, obtaining individualized legal advice is more important than relying on general information about BFD processing.
J Kelley Law Group provides immigration legal guidance to eligible clients nationwide through its Maryland and North Carolina offices.
Can You Appeal a U Visa Bona Fide Determination Denial?
USCIS generally does not accept a separate administrative appeal, motion to reopen or reconsider, or a new application for a BFD EAD simply because it declined to issue that preliminary benefit.
This is because non-issuance of a BFD EAD is not considered a final agency decision on the underlying petition.
Instead, the petition ordinarily proceeds through the applicable waiting-list review process.
A formal denial of Form I-918 is a different matter. Any available appeal, motion, or other legal option must be evaluated based on the actual written decision, applicable rules, and deadlines.
Do not assume that procedures for challenging a formal petition denial apply to a preliminary BFD non-grant.
For a detailed legal explanation of this distinction, see the Immigrant Legal Resource Center’s practice advisory on U Visa bona fide determinations.
What About Family Members Included in a U Visa Petition?
Qualifying family members may be included through Form I-918 Supplement A.
However, their access to BFD-related benefits depends in part on the principal petitioner’s BFD decision and their own eligibility requirements.
USCIS also reviews relevant background and security information for qualifying family members.
When the principal petitioner does not receive BFD-based interim relief, USCIS generally proceeds with the applicable adjudication process for the principal and qualifying family members.
Family-member petitions can involve separate evidence requirements and legal considerations. A decision concerning one family member should not be interpreted without reviewing the other related notices.
When Should You Contact a U Visa Immigration Lawyer?
Not every delay or lack of a BFD decision requires immediate legal intervention.
However, there are circumstances where speaking with an immigration attorney may be especially important.
Consider seeking guidance if:
- You received a USCIS RFE or Notice of Intent to Deny.
- Your case involves criminal charges, convictions, or prior immigration violations.
- You have a previous removal order or an active immigration court matter.
- USCIS has questioned your supporting evidence or eligibility.
- You are uncertain whether your petition remains pending or has been formally denied.
- A dependent family member’s immigration situation has become complicated.
- You need to understand your employment authorization options.
An immigration attorney can review the documents, explain the relevant procedures, and help assess potential legal options.
No attorney can guarantee a favorable bona fide determination, faster processing, or approval of a U Visa.
Questions About Your U Visa Case? Contact J Kelley Law Group
Receiving an unfavorable BFD decision can create uncertainty, but it does not necessarily mean the end of your immigration case.
Understanding the specific USCIS notice, the evidence already submitted, and the waiting-list process is an important part of deciding what to do next.
J Kelley Law Group assists clients with U Visa eligibility, law enforcement certification, preparation of supporting evidence, and questions about pending U Visa petitions.
Our immigration team provides assistance in English and Spanish, with offices in Montgomery Village, Maryland, and Raleigh, North Carolina, serving eligible immigration clients nationwide.
Explore Our U Visa Legal Services
You can also contact J Kelley Law Group to request a consultation about your individual circumstances.
Frequently Asked Questions About U Visa Bona Fide Determinations
Is a U Visa BFD denial the same as a U Visa denial?
No. Not receiving a BFD EAD is not the same as a formal denial of Form I-918. USCIS generally evaluates the underlying petition for waiting-list eligibility before making a final decision.
What happens if my U Visa bona fide determination was not granted?
USCIS generally proceeds with waiting-list adjudication. The agency may request additional evidence or issue a Notice of Intent to Deny if it identifies concerns that require further review.
Can I get a work permit after a BFD denial?
Potentially. Applicants who qualify for U Visa waiting-list placement may receive deferred action and may be eligible for employment authorization. The outcome depends on USCIS’s decision and the individual’s circumstances.
Can I request another bona fide determination?
USCIS generally does not accept a new BFD EAD application or a separate appeal solely to challenge its decision not to issue that preliminary benefit. The petition ordinarily proceeds to the appropriate next adjudication stage.
How long does U Visa waiting-list review take?
There is no single guaranteed timeline. Processing depends on USCIS workload, the petition’s filing history, required evidence, and case-specific circumstances. Published processing estimates should not be treated as promises about an individual petition.
Does a biometrics appointment mean my U Visa BFD was approved?
No. Completing biometrics is part of the review process. A biometrics appointment or completion notice does not establish that USCIS approved a BFD EAD or the underlying U Visa petition.
Will my U Visa still be approved if I did not receive a BFD EAD?
Approval remains possible, but it is not guaranteed. USCIS must evaluate the relevant U Visa eligibility requirements and any applicable discretionary or inadmissibility issues before making a final decision.
Should I submit additional evidence if USCIS did not grant my BFD?
Follow the instructions in any USCIS notice and consider the circumstances of your case. If USCIS issues an RFE or NOID, respond appropriately within the stated deadline. Avoid sending unnecessary or potentially inconsistent documents without understanding their significance.
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