How can a T applicant get a work permit while their application is pending?

As of August 28, 2024, I-914 and I-914A applicants in the U.S. with a pending I-765 may be issued deferred action and employment authorization if USCIS determines that an individual’s I-914/I-914A is bona fide and they merit a favorable exercise of discretion. Key points regarding the T BFD process are as follows:

  • The T BFD process will generally only apply to individuals whose I-914 or I-914A was filed on or after August 28, 2024.
    • I-914 applications filed on or after August 28, 2024 should include a (c)(40) I-765 for issuance of a BFD EAD.
    • I-914A petitions for T derivatives who are in the U.S. should include (c)(40) & (c)(25) I-765s.
  • T derivatives will generally only be considered for a T BFD if the T-1’s I-914 has been deemed bona fide.
  • Individuals with an I-914 or I-914A filed prior to August 28, 2024 will only be considered for a BFD if an RFE is issued after the rule's effective date.
    • Such individuals should not file a category (c)(40) I-765 until invited to do so by USCIS.
  • USCIS will deem an I-914 bona fide if:
    • 1) the application is properly filed and complete (including a signed personal statement); and
    • 2) initial background checks are complete and do not present national security concerns.
  • USCIS will deem an I-914A bona fide if:
    • 1) the T-1 has been granted a BFD;
    • 2) the application is properly filed and complete, including credible evidence of the qualifying family relationship; and
    • 3) initial background checks are complete and do not present national security concerns.

For more guidance on T BFDs, please see the following:

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Last updated January 23, 2025