BFD EAD Delay Case
We are now onboarding for our next BFD Delay, Denial, and Renewal case. The deadline to complete this enrollment will be 10/15/26 at 5 pm Eastern. We will file the lawsuit the following week.
The Lawsuit: This lawsuit will seek to get bona fide determinations (“BFDs”) and employment authorization documents (“EADs”) for three classes of U visa applicants:
1. U visa applicants who have never been issued a BFD;
2. U visa applicants seeking to renew their BFDs and EADs; and
3. U visa applicants who received BFD “denials.”
Because the legal issues are very similar, we will file your cases together in a group case in the United States District Court for the District of Vermont or another Federal District Court if the law requires.
Our goal is to get an agreement with USCIS to make decisions on your pending or denied applications within 4 to 6 months from filing. While we have seen good results in these cases over the past year, we cannot guarantee that USCIS will make such an agreement, but we can guarantee we will fight your case until we get a decision from the court.
To join the case, you need to fit within one of these categories:
1. New U Visa Filers:
The principal applicant filed Form I-918 on or before June 15, 2026;
The principal applicant filed a Form I-765;
You have the receipt numbers for Form I-918 and Form I-765; and
All Plaintiffs are in the United States.
2. BFD Renewals:
You have previously received a BFD and EAD;
You filed to renew your BFD/EAD on or before June 15, 2026;
Your current BFD/EAD has an expiration date of January 15, 2027 or earlier;
You have the receipt numbers for the Forms I-765; and
All Plaintiffs are in the United States.
3. BFD Denials
You have received a notice from USCIS denying your BFD;
You received this notice before August 15, 2026;
Since you received the notice USCIS has taken no action;
You have a copy of the denial; and
All Plaintiffs are in the United States.
PLEASE WATCH THIS BEFORE ENROLLING
Costs and Timing
We will file the lawsuit the week after finalizing the enrollment. USCIS will then have 60 days to file their initial response. All updates to the case will be posted in the Telegram. The link to the telegram will be provided after you submit the Questionnaire
If President Trump ends the bona fide determination process, we will push forward to challenge the ending of the program.
Costs: For one adult, we charge $2,065; For two adults or more, we charge $4,125. We do not charge for any children under the age of 16. But for a child under 16 to join the suit, an adult must also join the case. These are the total costs for the case if you do not do a payment plan.
Payment Plans: For 1 adult, we accept 3 payments of $750 (total $2,250); and for 2+ adults, we accept 4 payments of $1,075 (total of $4,300). Yes, we charge a small administrative fee for payment plans. If you make the first payment for a payment plan but fail to make a second payment, we will remove you from the case.
Join the Case in 3 Steps:
Contract
Payment
Questionnaire
To Complete Onboarding You Will Need:
I918 and/or I918A Receipt Numbers (Click here for an Example of a I-918 Receipt)
I-765 Receipt Number(s) (Click here for an example of an I-765 Receipt)
Frequently Asked Questions:
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No. But if you have not done your fingerprints, the government will require you to give them before it issues you a BFD or EAD.
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No. But we would encourage you to tell your petition attorney. Depending on what address receives your BFD and EAD, you will want to put them on notice that those documents should be arriving soon. Also, if you get a request for evidence, your petition attorney NOT Banias Law, will be responsible for responding to USCIS timely.
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No. I have never seen USCIS retaliate against a U visa applicant for filing a delay suit or being part of a group delay suit. First, it is illegal for them to retaliate against someone for suing them; the U.S. Constitution protects your right to sue the government. Second,
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You have to wait at least 120 days from the ‘Received’ date on your I-918 receipt
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Follow the instructions on the next page.
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No. These cases are typically decided on the papers. And even if the court has a hearing, it will be for the attorneys to answer questions.
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You can still join the lawsuit
