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who are likely to be helpful in the investigation or prosecution of criminal activity. The U visa
provides eligible victims with nonimmigrant status in order to temporarily remain in the United States
(U.S.) while assisting law enforcement. If certain conditions are met, an individual with U
nonimmigrant status may adjust to lawful permanent resident status. Congress capped the number of
available U visas to 10,000 per fiscal year.
Immigrants, especially women and children, can be particularly vulnerable to crimes like human
trafficking, domestic violence, sexual assault, and other abuse due to a variety of factors. These
include, but are not limited to, language barriers, separation from family and friends, lack of
understanding of U.S. laws, fear of deportation, and cultural differences. Congress recognized that
victims who do not have legal status may be reluctant to help in the investigation or prosecution of
criminal activity for fear of removal from the United States. The VTVPA was enacted to strengthen the
ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual
assault, trafficking of persons and other crimes while offering protection to victims of such crimes
without the immediate risk of being removed from the country. Congress also sought to encourage
law enforcement officials to serve immigrant crime victims.
2
If an individual believes he or she may qualify for a U visa, then that individual or his or her
representative will complete the USCIS Form I-918, Petition for U Nonimmigrant Status (Form I-
918), and submit it to U.S. Citizenship and Immigration Services (USCIS) with all relevant
documentation, including Form I-918B, the U visa law enforcement certification. Given the
complexity of U visa petitions, petitioners often work with a legal representative or victim advocate.
What Is a U Visa Certification and Which Agencies Can Certify?
USCIS Form I-918, Supplement B is the U visa certification document that a law enforcement agency
can complete for a victim who is petitioning USCIS for a U visa. USCIS is the federal component of
DHS with the responsibility to determine whether immigration benefits and immigration status
should be granted or denied. Form I-918B is a required piece of evidence to confirm to USCIS that a
qualifying crime has occurred and that the victim was helpful, is being helpful, or is likely to be
helpful in the investigation or prosecution of criminal activity.
Form I-918B and its instructions are available on the USCIS website at www.uscis.gov with the Form
I-918 for the U visa. In order to be eligible for a U visa, the victim must submit a law enforcement
certification completed by a certifying agency. Certifying agencies include all authorities responsible
for the investigation, prosecution, conviction or sentencing of the qualifying criminal activity,
including but not limited to:
Federal, State and Local law enforcement agencies;
Federal, State and Local prosecutors’ offices;
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VTVPA, Pub.L. No. 106-386, § 1513(a)(2)(A), 114 Stat. 1464, 1533-34 (2000). See also New Classification for Victims of Criminal
Activity; Eligibility for ‘‘U’’ Nonimmigrant Status, 72 Fed. Reg. 53014 (Sept. 17, 2007) (amending 8 C.F.R. §§ 103, 212, 214, 248,
274a and 299).