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If you’ve filed a U visa petition and want to know what year USCIS is processing, USCIS says that when the new fiscal year began on October 1, 2026, it resumed approving eligible principal U-1 petitioners, starting with petitions filed on or before August 31, 2017, prioritizing the oldest petitions.
That is a dated starting point for final approvals, not a universal current cutoff or a prediction for your case. BFD review, formal waitlist placement and final U status approval are different decisions.
There may be options while you wait. Through the Bona Fide Determination (BFD) process, USCIS may grant qualifying petitioners living in the United States a work permit and deferred action, as a matter of discretion. These benefits are revocable and do not grant U status. Our U visa attorneys can check where your case stands and what options you have.
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 is one worldwide total, not divided by country; qualifying derivatives are outside that limit. A formal waitlist is for petitioners found eligible after full review who cannot receive U status solely because of the cap. Pending petitions are a broader group. Here is what the available data and rules tell us:
- Pending petitions: more than 250,000 principal petitions were pending on June 30, 2026, according to USCIS fiscal year 2026 third-quarter statistics. This total is not the formal waitlist.
- Annual cap: the 10,000 limit applies to principal petitioners each fiscal year, rather than to everyone who files a U petition.
- Cases awaiting final review: USCIS prioritizes older filing dates across both BFD EAD recipients and waitlisted petitioners. Fiscal-year approval statistics do not identify a universal receipt-year cutoff.
- Total wait: a processing estimate for an initial review does not tell you when final U status will be approved. The cap and the review of continuing eligibility also matter.
If you file a U visa petition today, do not plan around a promised final approval year. The wait depends on the annual cap, the number of cases ahead of yours and the review of your eligibility. Your actual notices are more useful for identifying your stage than a calendar-year prediction.
How does the Bona Fide Determination (BFD) work?
Before your U visa is formally approved, USCIS may review your petition through the BFD process. This checks required initial evidence, including a complete I-918, a timely signed Supplement B and your personal statement, plus background and security checks. USCIS separately considers public safety, national security and other discretionary factors before granting a BFD EAD and deferred action. What can those benefits mean in practice?
- Work permit (EAD): you may receive employment authorization if USCIS grants a BFD EAD. A pending petition or a BFD notice alone does not authorize you to work.
- Removal concerns: deferred action makes you a lower priority for removal while the grant remains in effect. It is revocable and does not guarantee protection from every enforcement action.
- Deferred action: USCIS grants deferred action for the period of a granted BFD EAD. It does not create lawful immigration status or guarantee U visa approval.
A BFD is not approval of your U visa. Work authorization depends on an EAD actually granted and valid for your situation. Deferred action does not give you lawful immigration status. Filing an I-918 also does not by itself stop execution of an existing removal order.
How long does a BFD take?
A current U visa processing time must be read for the specific decision it measures; it is not a promise for your case. We could not verify a current BFD estimate on October 12, 2026. Petitioners granted BFD EADs and deferred action generally proceed to final adjudication when a cap number is available, without a separate waitlist decision. Petitioners who do not receive those benefits may undergo full review for the formal waitlist.
U visa process stages: a realistic timeline
Knowing which stage you are in helps you plan. These are the main decisions to recognize; BFD EAD and formal waitlist review are different routes, not consecutive steps required in every case: The screen illustration below is not a USCIS source and does not show U visa quotas by country.
| Decision | What happens | Timing |
|---|---|---|
| Filing | Submit I-918, Supplement B signed within the preceding six months, and required evidence | Filing date |
| Initial review | USCIS checks required evidence and background information | Varies |
| BFD review | For petitioners living in the U.S., USCIS may grant a BFD EAD and deferred action after its initial and discretionary review | Varies |
| Waitlist route | Full review finds eligibility, but the cap prevents a grant; this is not an automatic step after BFD | Varies |
| Final review | USCIS checks continuing eligibility and cap availability. U status may be granted for up to four years. Petition approval abroad does not itself grant U status; admission as a U nonimmigrant is required | Varies |
| U adjustment | You may apply after three years of continuous physical presence since U admission, with U status at filing and the other U-specific requirements | Varies |
Planning ahead: an initial benefit and final approval are separate. USCIS reviews full eligibility before granting U status, whether you have a BFD EAD or are on the waitlist. Neither route guarantees approval. Focus on the notices you receive and on keeping any granted employment authorization valid.
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:
- Check your I-765: USCIS can use an employment authorization application already filed in an applicable category for a BFD EAD. If you have not filed one, follow the BFD notice inviting you to file. Do not assume you must submit a duplicate; you may work only when actually authorized.
- Keep your address updated with USCIS: if you move and USCIS cannot reach you, your case could be delayed. Follow the special change-of-address procedures for protected U cases, linked from USCIS U visa guidance, and use a safe mailing address if needed.
- Respond to any Request for Evidence (RFE): USCIS may ask for more documents. Follow the specific deadline and instructions in the notice; missing the deadline can hurt your case.
- Plan your EAD renewal early: check the current filing window and requirements for your category before the card expires. Renewal requires a new decision; a renewal application is not itself a new grant. Whether an automatic extension applies depends on the category, filing date and current rules.
- 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 for principal petitioners is set by statute; changing that limit requires Congress. USCIS guidance consulted on October 12, 2026 still identifies this cap. Administrative decisions can affect other parts of the process within the law, including:
- 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 affect petitioners. This is separate from the requirement to cooperate with law enforcement and does not make a pending U petition a guarantee against removal.
The cap contributes to the long wait for final approval, alongside filing volumes, adjudication resources and the review of individual eligibility. The pending total is not the number of already eligible people on the formal waitlist. A large backlog does not establish your approval date or prove that the backlog must always grow.
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, which may start with letters such as EAC, WAC, LIN or SRC, to look up the USCIS case status on the USCIS website. A status update does not predict a final approval date.
- Read the exact notice: a BFD notice, a BFD EAD grant and a formal waitlist notice mean different things. A BFD notice alone does not prove waitlist placement or employment authorization.
- Compare your filing date carefully: older petitions have priority for final cap review, but your filing year alone does not tell you whether USCIS has adjudicated your case. Review your notices and continuing eligibility.
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
Is the U visa waitlist organized by country?
No. The U visa has one worldwide cap of 10,000 principal petitioners per fiscal year. USCIS prioritizes older filings across BFD EAD recipients and the formal waitlist, rather than assigning U visa limits by country. The Visa Bulletin used for numerically limited family and employment categories does not provide U visa dates. Your nationality does not create a separate U queue.
Can I work legally while I wait for my U visa?
You may work if you have valid employment authorization. USCIS may grant qualifying petitioners living in the United States a BFD EAD and deferred action after its initial and discretionary reviews. BFD alone is not authorization. USCIS uses an applicable I-765 already filed; if none was filed, follow its notice inviting you to file. Work authorization may also arise through waitlist placement or another qualifying basis. Plan any renewal within the permitted filing window.
What happens if my law enforcement certification (Supplement B) expires while I wait?
Supplement B must generally be signed within the six months before you file I-918. Its age alone does not make a properly filed petition expire during the wait. Generally, USCIS can decide the petition without a new certification if it was valid at filing. Withdrawal of the certification or new information can affect the review, and USCIS may request additional evidence. Have any new notice or certification concern reviewed.
Can I get a green card through a U visa?
You may apply under the U-specific adjustment requirements after at least three years of continuous physical presence since admission in U status, continuing through the decision, with U status when you file. Absences must be reviewed under the rule; extended absences require certification from the investigating or prosecuting agency that they were necessary to assist the case or otherwise justified. You must not have unreasonably refused assistance after receiving U status and must show humanitarian grounds, family unity or public interest warranting favorable discretion.
You cannot be inadmissible under INA 212(a)(3)(E). U adjustment does not use a general admissibility-and-waiver requirement, although other adverse conduct can weigh against favorable discretion. Approval is not automatic. Plan this step with an attorney before your U status expires.
What is a mandamus lawsuit, and when does it apply to a U visa?
A mandamus action asks a federal court to compel an official or agency to perform a duty owed to the plaintiff. Whether delayed action can be compelled depends on jurisdiction and the legally required act. It does not guarantee U visa approval or remove the annual cap. It is not right for every case and comes with costs and risks. An attorney can evaluate whether your situation justifies this option.
Can my family members get benefits through my U visa?
Certain family members may qualify as derivatives: your spouse (U-2) and unmarried children (U-3), generally under 21 subject to applicable age protections. If you were under 21 when your I-918 was filed, your parents (U-4) and unmarried siblings under 18 (U-5) may also qualify. Filing dates and age protections must be reviewed for each relationship. Each derivative needs an individual eligibility review; a principal’s BFD does not automatically grant family members an EAD or U status.
