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.[1]
    • 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.[2]
  • 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:

 

[1] USCIS may also conduct a T bona fide review if ICE submits an expedite request to USCIS. See CAST notes from August 2024 USCIS stakeholder engagement on the T visa final rule.

[2] Note that USCIS Policy Manual and T visa regulation references to review of “initial background checks” results do not specify that biometrics must be completed prior to USCIS’s bona fide determination. Biometrics are only required, where applicable, for USCIS to exercise discretion favorably and issue deferred action and work authorization. See 8 CFR § 214.205; 3 USCIS-PM B.6.

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Last updated February 28, 2025

The Comprehensive Training and Technical Assistance Project by the Coalition to Abolish Slavery and Trafficking is funded under 15POVC-23-GK-00929-HT, awarded by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. Some material was created previously under 2018-VT-BX-K014, awarded by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice and Grant No. 2018-TA-AX-K009 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, and conclusions or recommendations expressed in this document are those of the contributors and do not necessarily represent the official position or policies of the U.S. Department of Justice. The material from this website may not be copied or duplicated in whole or part by any means without express prior agreement from CAST, Office for Victims of Crime, or the Office for Violence Against Women.

 

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