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:
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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.
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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.
- Such individuals should not file a category (c)(40) I-765 until invited to do so by USCIS.
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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.
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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, see CAST’s advisory, Overview of the 2024 T Visa Final Rule. CAST notes from USCIS’s August 15, 2024 stakeholder engagement on the T Visa Final Rule, USCIS Policy Manual Part B, Vol. 3, Ch. 6, and CAST’s FAQ, What is a T bona fide determination? [1]
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Last updated September 16, 2024
[1] The BFD section of the USCIS Policy Manual has not been published as of publication of this FAQ but should be soon.