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Petitioners for U Nonimmigrant Status May Receive a Refund

USCIS mistakenly rejected certain applications for employment authorization (Form I-765, Application for Employment Authorization) from petitioners for U nonimmigrant status that were filed without a fee (or request for fee waiver) from June 14 through Sept. 29, 2021. USCIS also mistakenly accepted fees where certain petitioners for U nonimmigrant status unnecessarily submitted a fee with their Form I-765. USCIS is tracking this issue and is committed to correcting errors and expects to issue refunds by March 22, 2022.

On June 14, 2021, USCIS implemented a process allowing individuals living in the United States with a pending bona fide Form I-918, Petition for U Nonimmigrant Status, who warrant a favorable exercise of discretion to receive employment authorization and deferred action. Under this policy, there is no fee for an initial Form I-765 filed under 8 CFR 274a.12(c)(14).

USCIS may provide individuals a refund if they filed an initial bona-fide-determination-related Form I-765 under the (c)(14) eligibility category from June 14 through Sept. 29, 2021 and paid a fee (either when they first filed, or if they refiled after a rejection for lack of fee). USCIS is taking steps to identify affected applicants and establish a process to issue refunds by March 22, 2022, where applicable.

Individuals who filed an initial bona-fide-determination-related Form I-765 under the (c)(14) eligibility category from June 14 through Sept. 29, 2021, whose Form I-765 was rejected for lack of fee, and who have not refiled, may resubmit Form I-765 without a fee.

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