Over the past several months, practitioners have been asking us the same question: what is happening with bona fide determinations? BFD decisions have felt arbitrary. Some applications receive BFDs and others do not, often with little or no explanation in the notice. To see whether there are trends behind these decisions, CAST has created a survey to collect information from the field.
How the survey works
The survey takes about 10 minutes to complete. Each response covers one principal (T-1) application. We designed it this way because tracking cases individually lets us identify patterns that are hard to see when cases are reported as a group. Because SurveyMonkey can’t take more than one case per response, please submit a new response for each case you report.
We know many of you have multiple clients with BFD decisions, and we know entering several cases takes time you may not have. You may submit as many cases as you can. Every case you report helps strengthen the data.
Before you start
The survey asks about filing dates, notice dates, and how certain items on the I-914 were answered. Please have the filed I-914, receipt notices, and any BFD notices in front of you. Do not include names, A-numbers, receipt numbers, or other identifying information.
What the survey asks about
The survey covers filing details, including the filing date and whether a (c)(40) I-765 was filed, and how certain Part 3 items on the I-914 were answered. It also asks about the type of trafficking, including any smuggling, cartel or organized criminal group involvement, or forced criminality, along with potential inadmissibility grounds. The last sections cover the BFD decision itself, deferred action and the (c)(40) EAD, and whether a Notice to Appear was issued after filing. Sharing your contact information at the end is optional and only used if we’d like to follow up.
What we’ll do with the data
We plan to share what we learn with the field, as we have with processing times and other trends, so you can see whether there are patterns in BFD decisions. We will share all data in aggregate. We will not identify individual attorneys, representatives, or organizations who submit responses. The survey has no close date. We’ll keep it open so we can continue tracking the data and report back as trends develop.
Take the BFD Field Survey →
Questions about BFDs? CAST has resources on what a T visa bona fide determination is and how T visa applicants can get a work permit while their application is pending.
For case-specific questions, request individual technical assistance.