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Q : Is there a cap on the number of U Nonimmigrant status grants?

USCIS may grant no more than 10,000 principal aliens U nonimmigrant status in any given fiscal year (October 1 through September 30). This does not apply to spouses, children or other qualifying family members who are accompanying or following to join the principal alien victim.

If the cap is reached in any fiscal year before all petitions are adjudicated, USCIS will create a waiting list that the agency believes will provide a stable mechanism by which victims cooperating with law enforcement agencies can stablize their immigration status. Further, petitioners assigned to the wating list will be given deferred action – that is, they will be eligible to apply for employment authorization or travel – until their petitions can be adjudicated after the start of the following fiscal year.

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