U Nonimmigrant Status (U Visas)

Qualifying criminal activity

U nonimmigrant status was created for victims of a defined list of serious crimes, including offenses such as domestic violence, sexual assault, trafficking, felonious assault, extortion, kidnapping and other qualifying activity set out by statute. The activity must have occurred in the United States or violated U.S. law, and the applicant must have suffered substantial physical or mental abuse as a result.

A central requirement is helpfulness: the applicant must have been helpful, be helpful, or be likely to be helpful to law enforcement, prosecutors, judges, or other authorities investigating or prosecuting the qualifying activity.

Law enforcement certification

A required element of every U visa petition is Form I-918, Supplement B, a certification signed by a qualifying law enforcement agency, prosecutor, judge, or other authority confirming the applicant's helpfulness. Agencies are not required to sign a certification, and practices for requesting one vary by jurisdiction and agency.

Because the certification is discretionary on the agency's part, requests are typically framed around the specific case file, the officer or prosecutor involved and documentation of the applicant's actual cooperation, rather than a generic request.

The waitlist and bona fide determination process

Congress caps the number of U visas issued annually, which has created a substantial backlog. USCIS addresses this through a bona fide determination process: petitions that pass an initial screening for having a facially valid certification, sufficient evidence and no apparent bars can receive work authorization and a form of protection from removal while they wait for a visa number to become available, without waiting for a final decision on the underlying petition.

This means many U visa cases now proceed in two practical phases: reaching the bona fide determination and its accompanying benefits, and later reaching final adjudication once a visa number is available.

Evidence commonly submitted

• The signed law enforcement certification (Form I-918, Supplement B).
• A personal statement describing the criminal activity, the harm suffered and the applicant's cooperation.
• Medical or mental health records documenting the substantial harm suffered.
• Police reports, court records, or other documentation of the underlying criminal activity.
• Evidence supporting derivative family members, such as marriage or birth records.

Process and family members

1. 1

   Confirm qualifying activity and harm

   Review the underlying facts against the statutory list of qualifying crimes and the substantial harm requirement.

2. 2

   Request certification

   Approach the relevant law enforcement agency or prosecutor's office with a tailored request for Form I-918, Supplement B.

3. 3

   File the petition

   Submit Form I-918 with the certification, personal statement and supporting evidence, including any derivative petitions for eligible family members.

4. 4

   Await bona fide determination and final decision

   Track interim benefits available after a bona fide determination and monitor the case toward eventual final adjudication once a visa number is available.

Risks and complications

Some applicants face difficulty obtaining a certification even where the underlying facts appear to qualify, since certification is discretionary. Certain criminal history on the applicant's own record can also complicate eligibility and may require its own waiver analysis. The current backlog means U visa cases often take years to reach final adjudication, which should be discussed candidly as part of planning.