On March 17, 2015, the VSC began issuing two-year work permits under 8 C.F.R. sec, 274a.12(c)(14) to U applicants granted Deferred Action under the conditional grant program. If there is an I-765 application based on 274a.12 (a)(19) or on (a)(20) submitted with the U visa application then it may be changed to a (c)(14) to issue an EAD without delay for the applicant.
A principal applicant should include an I-765 based on (c)(14) with their U visa application. It is still a best practice for U visa derivatives to include two I-765 applications, one based on (c)(14) and one based on (a)(20). The (c)(14) basis provides work authorization while the derivative is in Deferred Action status with conditional approval; the (a)(20) basis applies when the U visa becomes available.
If only one I- 765 is submitted with the VSC during the conditional grant period, VSC will assign (c)(14) as the basis for work authorization, regardless of what is designated on the form. A new I-765 will need to be filed once the U visas become available based on (a)(20).
