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U Visa Backlog 2025 Explained: Timelines, Work Authorization & Next Steps

U Visa

The U visa backlog 2025 continues to be one of the most pressing issues for immigrant crime victims seeking protection and work authorization in the United States. Created under the Trafficking Victims Protection Act of 2000, the U visa offers lawful status and employment eligibility to victims who assist law enforcement. However, demand has far exceeded the annual cap of 10,000 principal U visas for over a decade.

According to USCIS data, more than 191,642 principal petitions were pending by early 2023, and wait times now stretch beyond six years on average, with some estimates reaching 15–20 years for new applicants. Understanding these delays, how the Bona Fide Determination process works, and your work permit options is crucial to staying protected and prepared.

In this article, you’ll learn the latest updates on the U visa backlog, processing times, and practical steps to take while you wait.

Why the U Visa Backlog Keeps Growing

The U visa backlog exists because each year, far more petitions are filed than the U.S. Citizenship and Immigration Services (USCIS) can approve. The law limits approvals to 10,000 principal U-1 visas annually, but filings have surged well beyond this cap. For instance, in FY2024, USCIS received 41,556 principal U-1 petitions but could approve only 10,000, while 3,639 were denied, and the rest rolled into the pending inventory. Over time, these rollovers have created a steadily growing backlog of unprocessed cases.

Fiscal Year Pending Principal U-1 Cases
2010 ~7,500
2012 ~19,800
2015 ~63,800
2019 ~152,000
2021 ~171,000
2022 ~189,381
Early 2023 ~191,642

Data from USCIS annual reports and backlog updates.

This table shows how the backlog ballooned from just a few thousand cases in 2010 to over 190,000 pending U-1 petitions by early FY2023. These figures don’t include derivative family members, who add significantly to the total number of people waiting, even though the 10,000-visa cap applies only to principals.

U Visa Processing Times and Wait Times

Because of the 10,000-visa cap and years of filings exceeding approvals, U visa processing now takes several years. USCIS breaks the process into two main phases:

  1. From filing (receipt) to Bona Fide Determination (BFD) or waiting list placement
  2. From BFD/waitlist to final approval when a visa number becomes available

According to the USCIS FY2024 report, principal U petitioners whose cases were completed that year experienced the following average and median timelines:

Phase Average Time Median Time
Filing → BFD / Waiting List 44.4 months 53.2 months
BFD / Waiting List → Final Approval 24.5 months 28.1 months
Total (Filing → Final Approval) 68.9 mo (~5.7 yrs) 81 mo (~6.7 yrs)

⚠️ These statistics only include cases completed in FY2024, many of which were filed years earlier.

In practical terms, by early 2025, USCIS was still working on petitions filed in late 2017–2018, roughly 51 months old at the BFD stage. USCIS has acknowledged that the backlog leaves many victims waiting more than 10 years to receive final U-1 approval.

While applicants wait, most gain some protection:

This means nearly all qualifying petitioners can work legally while waiting for a visa number, even if final approval is years away.

Processing Centers and USCIS Policy

All Form I-918 petitions filed by principals in the United States go to USCIS’s Humanitarian units, formerly at the Vermont Service Center, now mostly at the Nebraska Service Center. USCIS processes cases by receipt date order under the cap. Public information from USCIS indicates VSC/NSC gave the highest priority to the oldest filings. As of this writing, USCIS policy is to continue issuing BFDs and deferred action even after a petition is sent to the waiting list. A person who gets a BFD and EAD does not need to go through a separate “waiting list adjudication” if they have already received an EAD and deferment; their petition simply remains in line for final approval.

In June 2021, USCIS officially implemented the Bona Fide Determination (BFD) process. Under this policy, USCIS reviews pending petitions more efficiently: if a petition clearly qualifies properly filed I-918 with a valid Supplement B (no adverse issues), the applicant receives a BFD approval with a work permit and deferred action. If a petition cannot be granted under the current cap (or needs more review), it is put on a waiting list with deferred action. USCIS adjudicates BFD cases roughly in filing-date order. Some petitions are selected for streamlined review (older, simpler cases), while more complex ones, e.g. national security issues, criminal history or incomplete evidence, may go through the normal process.

USCIS alerts make clear that the annual cap of 10,000 refers only to principal U-1 beneficiaries. Qualifying family members (the U-2 through U-5 derivatives) can still get status after a principal gets one, even if the cap is exhausted. In practice, USCIS spends each year’s U-1 visa numbers on the oldest backlog cases; any remaining petitioners stay on the waiting list for the next year’s cap.

Work Authorization While Waiting

One of the most important benefits of the U visa is the ability to work legally while your petition is pending. Once USCIS issues a Bona Fide Determination (BFD) or places you on the waiting list, you receive:

  • Deferred action (protection from removal)
  • An Employment Authorization Document (EAD) valid for up to 4 years

Since a 2021 policy update, both principal petitioners and qualifying family members (U-2, U-3, U-4, U-5) can get this work permit even before final U-1 approval.

How to apply or renew:

  • File Form I-765 under category (c)(14) (deferred action).
  • You’ll need your I-918 receipt and your BFD or waitlist notice.
  • The filing fee is usually waived for pending U petitions.
  • EADs are typically issued soon after BFD and can be renewed if your case is still pending when they expire.

Practical tips:

  • Submit Form I-765 as soon as you’re eligible. There’s no 150-day waiting period for this category.
  • Keep your address updated with USCIS to avoid card delivery issues.
  • If you received a BFD letter but no EAD, you can request issuance.
  • Family members must wait until the principal petitioner is granted deferred action to apply.

A pending U visa petition with BFD or waitlist status should let you work legally for four years at a time while waiting for a visa number.

Checking Case Status and Priority

You can track your U visa petition through the Case Status Online tool using your I-918 receipt number. For estimated wait times, check the Processing Times page for Form I-918. It shows the receipt date USCIS is currently reviewing for the Bona Fide Determination (BFD) or waiting list stage. For example, if it says “We are processing petitions received on or before April 30, 2017,” filings after that date are still waiting.

U visas do not use a formal priority date system; your receipt date is your place in line. As of late 2025, USCIS is working on petitions filed in 2017–2018. If your case is past the posted date, you may submit an e-request, but this rarely speeds up processing. Keep your address updated and maintain your EAD while waiting.

What to Do While on the Waitlist

Being on the U visa backlog means a long wait, but there are practical steps you can take:

  • Keep your work permit current: Renew your EAD about six months before it expires so you can keep working and maintain your Social Security number benefits.
  • Stay informed: Check USCIS processing times regularly, sign up for USCIS email alerts, and follow immigration news for updates on policy or backlog changes.
  • Keep your case complete: Make sure USCIS has a valid Form I-918 Supplement B signed by a certifying official. Respond quickly if you receive a Request for Evidence (RFE).
  • Maintain any other lawful status: If you hold DACA, student status, or another visa, try to keep it valid. While deferred action offers protection, it is not full immunity from enforcement.
  • Prepare for final approval: Keep copies of police reports, court documents, and proof of cooperation. You’ll need them when adjusting to a green card after three years in U status.

U Visa and Deportation Proceedings

For applicants in removal (deportation) proceedings, a pending or approved U petition can offer protection. Under the law, a U petition that is pending more than 150 days (and not yet denied) entitles the applicant to a prima facie eligibility letter for deferred action. In practice, USCIS’s BFD process essentially satisfies this: if your petition is bona fide, you get deferred action and work authorization, which means ICE should generally not remove you. However, current policy allows ICE to deport applicants who have been denied a U status.

In fact, a recent DHS policy memo instructs ICE not to automatically check for pending U or T cases during arrests, a change that has raised concerns. Congressional bills have been introduced to explicitly bar the deportation of pending U/T applicants, e.g. the Protect Immigrant Witness and Victim Protection Act would make pending U petitions a direct bar to removal. For now, if you are in deportation proceedings, work closely with your attorney: your pending U petition can be a strong argument for termination of removal.

How Long Until My U Visa?

There is no quick answer, but most new U visa petitions filed in 2025 can expect a very long wait, often close to a decade for full approval. However, you may receive deferred action and a work permit (EAD) after a few years once USCIS issues a Bona Fide Determination (BFD) or places you on the waiting list.

To understand where you stand, compare your receipt date with the processing date posted by USCIS. Each October 1, a new batch of 10,000 U-1 visas is released and assigned to the oldest cases first under a first-in, first-out system. Expedited processing is rarely approved.

Overcome the U Visa Backlog & Move Forward

Long waits and complex rules don’t have to stop you from living and working safely in the U.S. Our team helps you file correctly, track your place in the backlog, secure work authorization, and plan your next immigration steps with confidence.

If this feels overwhelming, you’re not alone. The Chidolue Law Firm provides clear strategy, strong representation, and step-by-step support while your U visa is pending.

📞 Call The Chidolue Law Firm today at:
407-995-6567
678-325-1037

💬 For WhatsApp inquiries, contact us at:
404-333-8751

Let us help you navigate the backlog and move closer to lawful permanent residence.

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