USCIS recently made some errors in handling applications for employment authorization (Form I-765) from folks with U nonimmigrant status. Between June 14 and Sept. 29, 2021, they mistakenly rejected some applications that didn’t have a fee or a fee waiver request. On top of that, they accepted fees from applicants who shouldn’t have needed to pay at all. Don’t worry though, USCIS is on top of it. They’re working to fix this and plan to start issuing refunds by March 22, 2022.
Now, let's break it down a bit more
On June 14, 2021, USCIS started a new process. They allowed those living in the U.S. with a pending, genuine Form I-918 (that’s the Petition for U Nonimmigrant Status) to get employment authorization and deferred action if they meet certain criteria. And guess what? There’s no fee for the initial Form I-765 if filed under 8 CFR 274a.12(c)(14).
Here's the good news
If you filed an initial Form I-765 under the (c)(14) category between June 14 and Sept. 29, 2021, and you paid a fee, you might get that money back. This applies even if you initially filed and then refiled because your application got bounced back for not including a fee. USCIS is working hard to spot all the affected applicants and will get refunds out by March 22, 2022, where possible.
Don’t let a fee rejection discourage you. If your initial bona fide determination-related Form I-765 was thrown out due to lack of fee payment and you haven’t yet refiled, you can send it in again—no fee needed this time.
Need more help or advice?
Our office offers a variety of immigration services and supports foreign nationals and their families in securing status in the U.S. Feel free to call us at 206-566-7211, drop an email at [email protected], or book a consultation to get started.
