What Year Is USCIS Processing U Visas? The 2026 Waitlist Explained

7 min read

If you’ve filed a U visa petition and you’re wondering what year USCIS is processing U visas now, the short answer is this: in 2026, USCIS is making final decisions on cases filed in 2017 and 2018, meaning cases that have been waiting 7 to 8 years. The wait is long because only 10,000 U visas can be granted each fiscal year, and more than 250,000 petitions are pending.

But here’s the good news: you don’t have to spend all that time without protection. A process called the Bona Fide Determination (BFD) can give you a work permit and protection from deportation while your case moves through the line. Our U visa attorneys can check where your case stands and what options you have while you wait.

Where the U visa waitlist stands today

The U visa has a legal cap of 10,000 visas per fiscal year for principal petitioners. The cap isn’t divided by country; it’s one worldwide total. Because far more than 10,000 eligible petitions are filed every year, a waitlist builds up. Here are the numbers as of July 2026:

• Pending petitions: more than 250,000 cases waiting.
• FY 2025 cap reached: USCIS hit the 10,000 limit on September 9, 2025.
• Cases being decided now: when FY 2026 began (October 2025), USCIS resumed approvals starting with petitions filed before April 30, 2017.
• Total estimated wait: from filing to final approval, most petitioners wait 6 to 10 years or more.

To put that in perspective: if you file a U visa petition today, your case likely won’t get a final decision until sometime in the 2030s, depending on how the backlog develops and whether Congress changes the cap.

How does the Bona Fide Determination (BFD) work?

This is the most important step many people don’t know about. Before your U visa is formally approved, USCIS can issue a Bona Fide Determination, a review that finds your petition has enough merit to keep moving forward. What does a BFD give you in practice?

• Work permit (EAD): you can get employment authorization while your case is still in line.
• Protection from deportation: with a BFD, ICE generally won’t start removal proceedings against you while your case is pending.
• Deferred action: USCIS can grant you deferred action, an added layer of temporary immigration protection.

A BFD is not approval of your U visa. It’s an in-between step that lets you live and work lawfully while you wait for a final decision.

How long does a BFD take?

According to USCIS data, the Bona Fide Determination process takes about 35 months for 80% of cases. After you receive a BFD, your case joins the line for one of the 10,000 annual visas, which can add another 24 to 36 months before final approval.

U visa process stages: a realistic timeline

Knowing which stage you’re in helps you plan. The U visa process has clear phases, each with its own timeline:

Stage	What happens	Estimated time
1. Filing	You submit Form I-918 with the Supplement B law enforcement certification	—
2. Initial review	USCIS confirms your petition is complete	Weeks to months
3. Bona Fide Determination	USCIS finds your case has merit. You can get an EAD and deferred action	~35 months
4. Waitlist	Your case enters the line for the 10,000-per-year cap	24–36 additional months
5. Final approval	You’re granted U nonimmigrant status for 4 years	—
6. Adjustment of status	After 3 years in U status, you can apply for a green card	Depends on the case

Realistic total: 6 to 10 years from filing to final approval. Now that you know what year U visas are on, remember that the BFD (stage 3) is where you get real benefits, so reaching that stage is the immediate priority.

What can you do while you wait?

The wait is long, but it doesn’t have to be wasted time if you prepare the right way:

• Apply for your EAD after the BFD: once your Bona Fide Determination is approved, file for your work permit so you can work legally while your case is in line.
• Keep your address updated with USCIS: if you move and USCIS can’t reach you, your case could be delayed or run into problems.
• Respond to any Request for Evidence (RFE) right away: USCIS can ask for more documents at any time. Missing the deadline can hurt your case.
• Renew your EAD before it expires: your work permit doesn’t renew automatically. Start the process at least 6 months ahead of time.
• Keep track of any changes in your life: if something changes (a new job, a move, marriage or divorce), let your attorney know so they can assess whether it affects your case.

Can the 10,000 U visa cap change?

The annual limit of 10,000 U visas was set by Congress, and only Congress can change it. As of July 2026, no law has been passed to change the cap, although there have been proposals to raise it. What can change without Congress:

• Processing times: USCIS can speed up or slow down case reviews depending on its resources and priorities.
• BFD criteria: USCIS’s internal policies on how it evaluates Bona Fide Determinations can be adjusted administratively.
• Enforcement policies: changes in ICE priorities can indirectly affect U visa petitioners, especially regarding cooperation with law enforcement.

In practice, the biggest factor in wait times is still the gap between 10,000 visas a year and more than 250,000 pending petitions. Without Congress changing the cap, the backlog will keep growing.

How can you tell where your case stands?

To check the status of your U visa petition:

• Check your USCIS receipt: use your receipt number (starting with letters like EAC, WAC, LIN, or SRC) to look up your status on the USCIS website.
• See whether you have a BFD: if you’ve received a Bona Fide Determination notice, you’re already in the waitlist stage for the cap.
• Compare your filing date: if you filed your I-918 after April 2017, your case hasn’t reached final adjudication yet based on current data.

If you’re not sure what stage your case is in or whether you qualify for a BFD, talk to our U visa attorneys for an up-to-date review.

Frequently asked questions about the U visa waitlist