U Visa and Withholding of Removal: EADs, I-765, and Renewals

If you have a U visa petition or a grant of withholding of removal, you can get a work permit, but the path is different for each. A U visa work permit arrives automatically once the underlying petition is approved and you are inside the United States; while the petition is pending, you may qualify earlier through a bona fide determination or the U visa waiting list by filing Form I-765 under category (c)(14). A withholding of removal work permit requires filing Form I-765 under category (a)(10) as soon as the immigration judge signs the order. Both routes have real limits on travel, renewal timing, and, as of December 2025, how long the card stays valid.

U Visa Work Authorization at Each Stage of the Case

Work authorization attaches to a U visa case at three different points.

Once your Form I-918 petition is fully approved and you are physically in the United States, USCIS mails you an Employment Authorization Document without a separate Form I-765.¹ The regulation is 8 C.F.R. § 274a.12(a)(19), which treats U-1 nonimmigrants as employment-authorized for the duration of their status.²

Congress caps U visa approvals at 10,000 per fiscal year, and that cap is consistently reached.³ Because the wait can run for years, two forms of interim relief exist. Petitioners whose cases are approvable but held back by the cap are placed on an official waiting list, where they receive deferred action and work authorization.⁴ Earlier in the process, USCIS may issue a Bona Fide Determination (BFD), which triggers deferred action and eligibility for an EAD under category (c)(14).⁵ A BFD is not an approval of the U visa itself; it is a preliminary finding that the petition is legitimate.

What Makes a Petition Bona Fide

USCIS treats a petition as bona fide when all four of these are true:

Form I-918 is properly filed and complete.
A signed Form I-918 Supplement B (the law enforcement certification) is included, confirming you have been, are being, or are likely to be helpful in investigating or prosecuting the crime.
You have submitted a personal statement describing the facts of your victimization.
USCIS has received the results of biometric-based background checks.

Meeting these four does not guarantee a work permit. USCIS still exercises discretion and evaluates whether you pose any risk to public safety or national security.⁶

Criminal History That Can Block a BFD Work Permit

Even a strong petition can be pulled out of the BFD track. USCIS generally will not issue a BFD work permit if the applicant has been convicted of or arrested for offenses involving murder, rape, sexual abuse, firearms or explosives, trafficking in persons, aggravated assault, child pornography, or drug manufacturing and distribution. An arrest alone is enough to raise a red flag, even without a conviction. When these concerns exist, USCIS skips the BFD process and moves the case to a full waiting list adjudication with a more comprehensive discretionary review. A previously issued BFD work permit can also be revoked at any time if new safety concerns surface.⁶

Family Members

Qualifying family members included in a U visa petition (U-2 through U-5 for spouses, children, parents, and siblings) are employment-authorized incident to status once the principal petitioner’s visa is approved. They can use their Form I-94 as proof of work authorization or obtain their own EAD.⁷

Family members can also receive BFD work permits while the principal case is pending, but not automatically. USCIS evaluates each Form I-918 Supplement A on its own. The petition must include credible evidence of the qualifying relationship, and the family member must pass their own background and security checks. A family member can be denied even when the principal receives a BFD. Only family members living in the United States are eligible for BFD work permits.⁶

Withholding of Removal and Category (a)(10)

Withholding of removal protects people who can show that returning to a specific country would more likely than not threaten their life or freedom because of race, religion, nationality, political opinion, or membership in a particular social group. It can also be granted under the Convention Against Torture when someone faces a likelihood of torture on return.

An immigration judge grants this relief. Once the order is signed, the individual falls into category (a)(10) of the employment authorization regulations and is authorized to work for the duration of that status.² You can apply for the EAD as soon as the judge’s order is final.

One boundary matters here: withholding of removal is not asylum. It does not lead to a green card or permanent residency. It blocks deportation to one specific country, and that is all. The protection can be terminated if country conditions change or if new disqualifying factors surface.⁸

New 18-Month Validity for (a)(10) EADs

On December 4, 2025, USCIS reduced the maximum validity period for category (a)(10) EADs from five years to 18 months. The change applies to any application pending or filed on or after December 5, 2025. If you already hold an (a)(10) EAD issued with a five-year validity period, that document stays valid through its printed expiration date.⁹ Going forward, withholding recipients will renew more often.

Filing Form I-765

You file Form I-765 if you received a Bona Fide Determination, are on the U visa waiting list with deferred action, or have been granted withholding of removal. If your U-1 visa has been fully approved and you are inside the United States, USCIS sends the EAD to you automatically and no Form I-765 is required.¹⁰

Enter the correct eligibility category code in Part 2, Item 27. U visa BFD applicants and waiting list petitioners use (c)(14). Withholding of removal recipients use (a)(10). The wrong code can trigger a rejection.¹

You will need two identical color passport-style photographs plus supporting documents that depend on your category:

For (c)(14): a copy of the receipt notice or approval notice for your Form I-918, linking the work permit request to your U visa case.
For (a)(10): a copy of the immigration judge’s signed order granting withholding of deportation or removal.

A copy of a government-issued photo ID, such as a passport or a prior EAD, supports either package. Always download the current version of Form I-765 from the USCIS website, since outdated versions are rejected.¹

Neither (c)(14) nor (a)(10) is currently eligible for online filing of Form I-765.¹¹ Mail the package to the appropriate USCIS lockbox or service center using certified mail or a private courier with tracking.

A filing fee applies. Check the current amount on the USCIS fee schedule (Form G-1055) because it changes periodically. Many humanitarian applicants qualify for a fee waiver by submitting Form I-912, supported by proof of income below 150% of the federal poverty guidelines, receipt of means-tested benefits, or a description of financial hardship.¹²

Requesting a Social Security Number

Form I-765 has a section for requesting a Social Security Number at the same time. If you complete it, USCIS transmits your information to the Social Security Administration, which mails the card separately, typically about two weeks after your EAD arrives, with no separate SSA office visit.¹³

Renewals and the Gap Between (a)(10) and (c)(14)

USCIS recommends filing a renewal Form I-765 no earlier than 180 days before your current EAD expires and no later than the expiration date.¹⁰ With the (a)(10) validity now capped at 18 months, withholding recipients will file more often than they used to.

Category (a)(10) qualifies for an automatic extension of employment authorization while a timely-filed renewal is pending, so a slow adjudication does not automatically leave you unauthorized to work.¹⁴

U visa categories are not on the list that qualifies for automatic extensions. If you hold a (c)(14) BFD work permit, a gap in authorization is possible when the renewal is not processed before the current EAD expires. Filing as early as the 180-day window allows is the best way to reduce that risk.

Travel Restrictions

Travel is where these two forms of relief diverge most sharply, and where a mistake can be irreversible.

Withholding of Removal

If you have been granted withholding of removal, you cannot leave the United States. A grant of withholding includes a removal order, and departing effectively executes that order. There is no advance parole option and no way to travel temporarily and come back. Leaving means you have been removed, and you would then face the legal bars to reentry that come with a removal order. This restriction lasts as long as withholding is your only form of relief.

U Visa Applicants

Travel risks for U visa applicants are less absolute but still severe. There is no advance parole for pending U visa cases. If you leave before your case is decided, you will be stuck abroad until USCIS finishes the adjudication, and if the petition is denied you may not be able to return at all. Even after U-1 status is approved, travel requires obtaining an actual U entry visa from a U.S. embassy or consulate; the approval notice and EAD alone do not authorize reentry.

Leaving the country can also trigger grounds of inadmissibility, particularly related to unlawful presence, that were not addressed in the original application. A new waiver of inadmissibility (Form I-192) may then be required. And when you eventually apply for a green card, you will need to show continuous physical presence in the United States for three years. Absences longer than 90 consecutive days, or more than 180 days in total, can disqualify you from meeting that requirement.

1
U.S. Citizenship and Immigration Services. Form I-765 Instructions for Application for Employment Authorization
2
eCFR. 8 CFR 274a.12 – Classes of Aliens Authorized to Accept Employment
3
U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 3 Part C Chapter 2 – Eligibility Requirements for U Nonimmigrant Status
4
U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 3 Part C Chapter 6 – Waiting List
5
U.S. Citizenship and Immigration Services. Petition for U Nonimmigrant Status
6
U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 3 Part C Chapter 5 – Bona Fide Determination Process
7
U.S. Citizenship and Immigration Services. 7.8 T and U Nonimmigrant Status
8
eCFR. 8 CFR Part 208 Subpart A – Asylum and Withholding of Removal
9
U.S. Citizenship and Immigration Services. Reduced Validity Periods for Newly Issued Employment Authorization Documents
10
U.S. Citizenship and Immigration Services. I-765 Application for Employment Authorization
11
U.S. Citizenship and Immigration Services. Forms Available to File Online
12
U.S. Citizenship and Immigration Services. I-912 Request for Fee Waiver
13
Social Security Administration. Apply for Your Social Security Card While Applying for Your Work Permit, Lawful Permanent Residency, or U.S. Naturalization
14
U.S. Citizenship and Immigration Services. 5.1 Automatic Extensions Based on a Timely Filed Application to Renew Employment Authorization