National Engagement
Pre-submitted and Live Q&As
Overview of T Visas and U Visas for Certifying Officials
March 1, 2023
Q1. What is the processing time for U visa currently?
A1. The current processing times for USCIS are posted online at
https://egov.uscis.gov/processing-times/
.
As of March 29, 2023, the current processing times for U visas are 59-60.5 months. This time
range reflects the time from receipt to issuance of either a Bona Fide Determination notice or a
notice that the petition will be considered for waiting list placement. It does not reflect the
current processing times from initial receipt to the final issuance of U nonimmigrant status.
Processing times should be used as a reference point, not an absolute measure of how long a
particular case will take to be completed.
Q2. If you provided a
Form I-918, Supplement B, U Nonimmigrant Status
Certification for a victim of domestic violence and later, after the domestic
violence case was closed, your office finds out that the victim was also trafficked by
the perpetrator, can you also provide a Form I-914 Supplement B, Declaration of
Law Enforcement Officer for Victim of Trafficking in Persons without filing a
separate criminal complaint? In this case, the statute of limitation had expired at
the time the information was discovered, barring the agency from filing a criminal
complaint for the crime of trafficking.
A2. Whether an agency files a criminal complaint is governed by individual agency procedures.
However, there is no requirement that the trafficking case reach a specific stage of the criminal
process for the certifying agency to sign the Form I-914B. Charges do not have to be filed, nor
does an investigation need to be open at the time a certification is signed. Even if an
investigation occurs or charges are filed, the investigation or charges do not have to relate
directly to the acts of trafficking and may include other criminal activity.
A victim cannot submit a Form I-914B, in support of a U visa petition. As long as an individual
has been identified as a victim of human trafficking and is applying for a T visa, a certifying
official may complete the Form I-914B. Form I-914B, can only be submitted in support of a T
visa application and Form I-918B can only be submitted in support of a U visa petition.
For additional context, an individual may apply for the T visa if they are a victim of a severe
form of trafficking in persons. They may also apply for the U visa if they are a victim of any of
the 28 statutorily listed activities (which includes trafficking), or an offense that is substantially
similar. Victims are the ones who decide whether they should apply for relief and what type of
relief. A victim may file for both a U visa and a T visa at any time if they meet the requirements
for each benefit. Likewise, a certifying agency may sign Form I-1914B or Form I-918B, for the
same victim at any time; there is no prohibition on signing both forms. However, if the victim is
going to file for a U visa, they are also required to submit a Form I-918B.
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Q3. If a police report states that a suspect was arrested for a crime that could be
considered a felonious assault, but the narrative section of the same police report
describes property damage, do we as certifying officials have the right to
determine that the “felonious assault’ does not really apply or does the
investigating officer's original charge take precedence? Do we have to issue the
Form I-918B, or do we have discretion to determine if the facts of the case fit into
one of the qualifying criminal activities?
A3. Your agency has the responsibility to determine if, under your state’s laws, the criminal
activity falls within one of the 28 qualifying criminal activities. See page 4 of the
U Visa Law
Enforcement Resource Guide for information about the 28 qualifying criminal activities—these
are general crime categories, and not specific crimes or citations to a criminal code. A victim
may also qualify based on an attempt, conspiracy, or solicitation to commit any of the 28
qualifying criminal activities.
Q4. In a case where the crime listed in the original police report falls into one of
the qualifying criminal activities, but the report is later amended to a more
appropriate crime that does not fall under one of the qualifying criminal activities,
does the certifying agency issue the certification based on the original police
report or the amended report?
A4. In circumstances where police reports or other agency documentation change, your agency
has the responsibility to determine if the crime detected, investigated, or prosecuted falls within
one of the enumerated qualifying criminal activities under federal law or the laws of your
jurisdiction, whichever is applicable. When determining whether to complete and sign a
certification, a certifying agency should consider all credible information about relevant criminal
activities and the victim’s helpfulness, including any original and amended police reports.
Certifying agencies with questions about how to handle this particular situation may also wish to
consult their agency legal counsel and any relevant agency policies prior to issuing the
certification.
Q5. If the victim cannot provide any information of the perpetrator of the crime
committed against them or they cannot assist in solving the case in any way, is that
considered to not possess specific, credible, and reliable info?
A5. Petitioners for U nonimmigrant status must demonstrate that they possess credible and
reliable information concerning the qualifying criminal activity and were, are being, or are likely
to be helpful to the certifying agency in the detection, investigation, prosecution,
conviction, or sentencing of the qualifying crime.
Petitioners who are unable to describe the perpetrator or provide any information about the
perpetrator may, nonetheless, be able to provide other credible and reliable information that is
helpful, e.g., what the perpetrator said during the crime, where it occurred, or other relevant
information. There are many ways a victim can possess specific facts to be helpful to a certifying
agency.
There may be times that this requirement has not been established. If the certifying agency,
within their discretion, decides to issue a certification, they may include information regarding
the victim’s inability to describe the perpetrator in addition to any other information the victim
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was able to provide relevant to this requirement. The certifying agency may also decline to
certify if they determine the baseline helpfulness requirement has not been met for purposes of
the certification requirements.
As stated earlier, there is no requirement that an investigation or prosecution be initiated or
completed after the victim reports the crime and makes themselves available to reasonable
requests for assistance. USCIS recognizes that the initiation or progress of an investigation or
prosecution may be outside a victim’s control.
Q6. When we approve or deny a request submitted to our agency for a Form I-
918B, do we need to provide the facts that support our decision? For example, the
request for the certification was approved, but the domestic battery was mutual or
there was no injury.
A6. Whether an agency is required to provide the basis for the denial of a request for a
certification or the level of detail that should be provided when completing the Form I-918B will
depend on any applicable state laws and agency policies regarding certifications. Under federal
law, certifying agencies are not required to have internal policies or procedures before they sign
a U visa certification. However, USCIS encourages agencies to develop policies pertaining to
certifications and train relevant personnel on these policies to promote consistency and
transparency and improve the quality of certifications. Examples of topics USCIS recommends
being covered in certifying agencies’ internal policies include:
• procedures regarding agency verification of the qualifying criminal activity,
victimization, and the victim’s helpfulness in the detection, investigation, prosecution,
conviction or sentencing related to the qualifying criminal activity,
• procedures to safeguard against fraud, such as centralizing final review of certifications,
especially in agencies where there are multiple certifying officials, to promote
consistency before they are returned to the victim,
• procedures for handling future requests for a new or re-signed Form I-918B establishing
general expectations around anticipated response timeframes, and
• processes for increasing transparency of agency certification policies (if any) to the
public.
It is also important to note that a person is not eligible for a U visa if they are culpable for the
qualifying crime(s) being investigated or prosecuted. If the certifying agency believes the
individual requesting a certification is or may be culpable, the certifying official may still
complete a certification for a victim and note any information they have about potential
culpability on the form for USCIS to consider. USCIS will determine the person’s eligibility for a
U visa.
Victims of domestic violence may be accused of committing domestic violence or other crimes
themselves by their abusers as part of the abuser’s attempts to assert power and control over the
victim. When evidence suggests these allegations were fabricated by the victim’s abuser, they do
not preclude you, the certifying official, from completing a Form I-918B for the victim or
preclude the victim from qualifying for U nonimmigrant status.
Q7. If a qualifying crime occurs outside of the United States, but violates a federal
or state law, can a certifying agency sign the Form I-918B if the victim relocates to
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the jurisdiction of the certifying agency? How does such an agency certify the facts
or circumstances reported?
A7. For a crime to qualify if it has occurred outside the United States, it must violate a U.S.
federal law that provides for extraterritorial jurisdiction to prosecute the offense in
a U.S. federal court. Such criminal activity will have “violated the laws of the United States”
as noted in the 2007 Interim Final Rule.
If the certifying agency determines that qualifying criminal activity violates a U.S. federal law
that provides for extraterritorial jurisdiction to prosecute the offense in a U.S. federal court, the
certifying agency may choose to complete the certification. The victim must have assisted, be
assisting or be likely to assist the certifying agency in the detection, investigation, or prosecution
of the criminal activity, regardless of where the victimization occurred. Victims may choose to
report the crime committed against them outside of the jurisdiction where it occurred for a
variety of reasons, including traumatization, relocation to escape perpetrator, lack of experience
with local law enforcement, or referral from other government agencies.
As noted in the 2007 U visa Interim Rule, a prosecution does not actually have to occur, since
the statute only requires a victim to be helpful in the investigation or the prosecution of the
criminal activity. Prosecution may be impossible due to a number of factors, such as an inability
to extradite the perpetrator of the crime.
Q8. Does the certifying agency have to determine the victim’s admissibility to the
United States, or is that handled by USCIS?
A8. USCIS has sole responsibility to determine whether a Form I-918 petitioner is admissible to
the United States per statute and regulation. USCIS does not require certifying agencies to run
background or criminal history checks on victims requesting a certification, or to consider
whether the victim meets admissibility requirements under immigration law. However, prior to
signing Form I-918B, certifying agencies may choose to run background and criminal history
checks on victims requesting a certification, consistent with their legal authority under federal,
state, and local law. It is important to note that the fact that a victim has a criminal history does
not automatically preclude approval of a U or T visa petition. Congress provided USCIS with
broad authority in both the T and U visa programs to waive (or forgive) most grounds of
inadmissibility that were caused by, or incident to, the victimization if it is determined it is in
the national or public interest.
Q9. Does Domestic Violence include familial relationships, or just intimate
partner?
A9. State laws pertaining to domestic violence vary considerably, and for this reason
certifications based on domestic violence vary among different certifying agencies and across
jurisdictions. For example, a domestic violence statute may encompass intimate partner
violence as well as violence between relatives or household members.
USCIS will consider the statutory violation that was detected, investigated, or prosecuted to
determine whether the crime qualifies based on the totality of the evidence or is substantially
similar to a qualifying crime. The certifying agency is responsible for determining if the crime
detected, investigated, or prosecuted falls within one of the enumerated qualifying criminal
activities under the laws of the certifying agency’s jurisdiction. However, USCIS who has the sole
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responsibility for determining whether a crime is, or is substantially similar to, a qualifying
criminal activity for purposes of eligibility for the benefit.
Q10. Is there some sort of directory of agencies that currently offer certifications?
For example, if a request for a certification comes to an agency, but it may be
better handled by a different certifying agency, it would be helpful to know what
other agencies are issuing certifications so that the victim can be referred to them.
A10. USCIS does not maintain any public directory of agencies that certify in either the U or T
context.
Q11. How close (or far) are we from reaching the visa limits for U and T visas per
year?
A11. The annual statutory cap for the T program is 5,000 visas; the visa cap has never been
reached in the history of the T visa program.
The annual statutory cap for the U program is 10,000 visas. We have reached the visa cap for the
U visa program every year since 2010, as the number of U petitions filed has far surpassed the
statutory limit. In response to the growing number of pending U petitions, USCIS implemented
the bona fide determination (BFD) process for U visa petitioners and their qualifying family
members in June 2021. The BFD was created with the goal of conducting initial reviews of U
nonimmigrant status petitions more efficiently while providing eligible victims of qualifying
crimes with employment authorization and deferred action while they await a final adjudication
of their petition for U nonimmigrant status under the annual statutory cap. The BFD process
provides victims with stability and better equips them to cooperate with and assist law
enforcement.
For further information on the number of T and U filings reviewed each year, please visit:
https://www.uscis.gov/tools/reports-and-studies/immigration-and-citizenship-data
. These
publicly available data sets include the numbers of applications and petitions that were received,
approved, denied, or pending.
Q12. What happens if a certifying agency provides the victim the signed U visa
certification without sealing the envelope? Also, if a sealed envelope is only a "best
practice" and is not required, how do you ensure that an attorney or applicant
does not unseal and submit an altered certification?
A12. Currently, Form I-918B the certification will be considered properly filed regardless of
whether it is submitted in a sealed envelope, as this is a recommended a best practice and not a
requirement for certifying agencies. Adjudicators are specifically trained to recognize potentially
altered evidence and to identify discrepancies in fact patterns. If an adjudicator determines
Form I-918B appears to have been altered by someone other than the certifying official, the case
will be referred to the USCIS Center Fraud Detection Office (CFDO) for further review. Any
findings resulting from CFDO’s review will be provided to the adjudicator for consideration.
USCIS may also contact the certifying official directly to confirm the information provided on
the Form I-918B.
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Q13. Under what circumstances should a victim apply for both the T visa and U
visa?
A13. As mentioned above, an individual may apply for the T visa if they are a victim of a severe
form of trafficking in persons. They may also apply for the U visa if they are a victim of any of
the 28 statutorily listed activities (which includes trafficking), or an offense that is substantially
similar. Victims are the ones who decide whether they should apply for relief and what type of
relief(s). For more information on eligibility for T Nonimmigrant Status, please visit:
https://www.uscis.gov/humanitarian/victims-of-human-trafficking-and-other-crimes/victims-
of-human-trafficking-t-nonimmigrant-status. For more information on eligibility for U
Nonimmigrant Status, please visit: https://www.uscis.gov/humanitarian/victims-of-human-
trafficking-and-other-crimes/victims-of-criminal-activity-u-nonimmigrant-status.
Q14. What temporary status is provided for petitioners with pending T or U visa
petitions? Are these temporary statuses automatically applied upon submission of
a petition, or does the certifying agency have to make a separate request?
A14. Individuals with pending requests for T or U visas are not considered “in status.” There is
no separate status available for such individuals. For individuals who are petitioning for a U
visa, they may receive a bona fide determination or be placed on the U waiting list, which would
provide them employment authorization and deferred action while their petitions are pending
final adjudication.
Individuals who are victims of trafficking can also work with law enforcement to request
Continued Presence (CP). CP is a temporary immigration designation provided to individuals
identified by law enforcement as victims of a “severe form of trafficking in persons” who may be
potential witnesses. CP allows trafficking victims to lawfully remain in the U.S. temporarily and
work during the investigation into the human trafficking-related crimes committed against them
and during any civil action under 18 U.S.C. § 1595 filed by the victims against their traffickers.
CP is initially granted for two years and may be renewed in up to two-year increments. CP
recipients also receive federal benefits and services. For more information, see the
Center for
Countering Human Trafficking and Blue Campaign’s Continued Presence pamphlet:
https://www.ice.gov/doclib/human-trafficking/pdf/continued-presence.pdf. For additional
training resources on Continued Presence, visit: https://www.dhs.gov/blue-campaign/law-
enforcement.
Q15. If a certifying agency submits a request to withdraw a U visa I-918B,
certification, does USCIS confirm receipt of the request to withdraw?
A15. If the withdrawal is submitted through the law enforcement email account at
LawEnforcement_UTVAWA.VSC@uscis.dhs.gov
, the certifying agency will either receive an
automatic response from the account, or a case-specific response, if necessary. This account is
monitored daily and information and/or documentation is forwarded to the petitioner’s file in a
timely manner. If the request is received via postal mail, the certifying agency will not receive a
written confirmation.
Q16. If a trafficking victim has drug charges, would they still qualify for T-Visa?
A16. All T visa applicants must either be admissible to the United States or receive a waiver of
inadmissibility. USCIS has broad authority to grant these waivers. Prior to approving or denying
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a T visa application, USCIS evaluates each application on a case-by-case basis. USCIS reviews all
available information concerning arrests, immigration violations, criminal activities, and
security issues before making a final decision. If an applicant is subject to one or more grounds
of inadmissibility (including drug-related grounds of inadmissibility), they may apply for a
discretionary waiver of the ground(s) by filing an Application for Advance Permission to Enter
as a Nonimmigrant (Form I-192).
Q17. What constitutes "substantial" physical or mental abuse? Often injuries are
minor or non-existent. Additionally, police reports often don't document the
existence of mental abuse.
A17. When determining whether a petitioner has suffered substantial physical or mental abuse,
USCIS considers factors such as, the nature of the injury inflicted or suffered; the severity of the
perpetrator's conduct; the severity of the harm suffered; the duration of the infliction of the
harm; and the extent to which there is permanent or serious harm to the appearance, health, or
physical or mental soundness of the victim, including aggravation of pre-existing conditions.
Certifying agencies may have important information regarding physical or mental abuse
suffered by the victim – if this information is available, certifying officials should include it in
Part 3, Question 7 of Form I-918B. USCIS is responsible for making the determination regarding
this eligibility requirement based on the totality of evidence contained in the record, including
information provided by the victim describing the abuse they have suffered during, and
potentially, after the commission of the qualifying crime.
Q18. What government entities are considered “law enforcement” with the
authority to issue certifications?
A18. The definition of certifying agencies in the U and T visa contexts include, but are not
limited to, agencies traditionally considered to be “law enforcement.” Examples are as follows:
in the U visa context, any federal, state, tribal, territorial, or local law enforcement office or
agency, prosecutor, judge, or other authority that has the responsibility to detect, investigate, or
prosecute the qualifying criminal activity, or convict or sentence the perpetrator. Agencies with
criminal investigative jurisdiction, such as child and adult protective services, the Equal
Employment Opportunity Commission, and federal and state Departments of Labor.
Examples in the T visa context: any federal, state, tribal, territorial, or local law enforcement
agency, prosecutor, judge, labor agency, children’s protective services agency, or other authority
that has responsibility to detect, investigate, or prosecute acts of trafficking, or convict or
sentence the trafficker.
Q19. If a petitioner has a drug or money laundering arrest or conviction, how likely
are waiver requests granted for those type of crimes? Is approval of these waivers
contingent on the level of cooperation with law enforcement or what factors do the
immigration officers take into consideration for these waivers?
A19. In the U visa context, USCIS looks to two grounds for the basis of waivers of
inadmissibility:
• 8 USC 1182(d)(3)(A)(ii) provides the authority to waive many grounds of inadmissibility
generally for nonimmigrants.
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• 8 USC 1182(d)(14) is a waiver specific to petitioners for U nonimmigrant status which
may be utilized to consider waivers of most grounds of inadmissibility except
212(a)(3)(E) Nazi persecution, genocide, torture, or extrajudicial killing if it considers it
to be in the public or national interest to do so
Although the waivers are broad, if the individual has been convicted of violent or dangerous
crimes or security related grounds apply, USCIS will exercise favorable discretion only in
extraordinary circumstances. 8 CFR 212.17. Denial of a waiver is discretionary, made on case-
by-case basis and is not appealable. On a case-by-case basis, USCIS may also revoke a previously
approved waiver.
Some factors that USCIS considers when determining whether approving a request to waive
admissibility concerns is warranted are:
• Evidence of rehabilitation;
• Reasons for wishing to remain in the U.S.;
• Family ties in the U.S.; contribution and ties to the community;
• Length of residence in the U.S.;
• Financial impact of departure to others;
• Severity of the trauma/abuse suffered as a result of the qualifying criminal
activity;
• Helpfulness to law enforcement; and
• Explanation in noncitizen’s own words of the specific circumstances surrounding
the act or conviction that prompted the need for the waiver request.
Q20. If there was a qualifying crime but no reference in the police report of
physical or mental abuse, can the certifying agency still issue the certification?
A20. Yes. As the certifying official, you should provide information about physical or mental
harm or abuse sustained by the victim, if known or observed. While USCIS encourages you to
provide this information and attach supplemental documentation related to any injuries
sustained (for example, police reports), USCIS is responsible for determining whether a person
meets this eligibility requirement and will evaluate the totality of evidence submitted by the
petitioner in its assessment.
Q21. Who is responsible for all the additional evidence to be submitted in addition
to the Form I-918? Does it have to be submitted by the requesting attorney/victim,
such as police reports?
A21. The victim is responsible for submitting the petition for U visa (Form I-918, Petition for U
Nonimmigrant Status) with the required Form I-918B certification to USCIS. If additional
documentation is provided to the victim by the LEA, the victim is responsible for submitting any
additional evidence directly to USCIS along with their petition. However, while not required,
USCIS encourages certifying agencies to attach any relevant police reports and other
documentation regarding the victimization and the victim to Form I-918B.
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Q22. As a certifying agency, when we sign the certification what are we really
certifying? If we close and seal the envelope to be returned to the victim, do we
also need to notify them of our decision since the envelope is sealed?
A22. The U visa regulations at 8 CFR 214.14(c)(2)(i) outline the requirements for the Form I-
918B, noting that it must state that:
• the person signing the certificate has the required authority to sign on behalf of that
agency or is a Federal, State or local judge;
• law enforcement agency, or prosecutor, judge or other authority, that has responsibility
for the detection, investigation, prosecution, conviction, or sentencing of qualifying
criminal activity;
• the petitioner has been a victim of qualifying criminal activity that the certifying official's
agency is investigating or prosecuting;
• the petitioner possesses information concerning the qualifying criminal activity of which
he or she has been a victim;
• the petitioner has been, is being, or is likely to be helpful to an investigation or
prosecution of that qualifying criminal activity; and
• the qualifying criminal activity violated U.S. law, or occurred in the United States, its
territories, its possessions, Indian country, or at military installations abroad.
Similarly, the Certification section of the Form I-918, Supplement B, outlines that certifiers are
attesting that they have the authority to sign, based upon the investigation of facts, that the
individual was a victim of a qualifying crime. By signing the form, you are certifying that the
victim has been, is being, or is likely to be helpful in the detection, investigation, or prosecution
of the qualifying criminal activity of which they were a victim. A certifying official is not
certifying whether an individual qualifies for U nonimmigrant status. If you decide to issue a
certification, you should provide a victim of with a copy for their records as noted in the U visa
Law Enforcement Resource Guide.
If your agency declines to sign a certification, procedures should be in place for the appropriate
agency official to notify the requestor of the agency’s decision. Please also refer to any laws in
your state governing U visa certification processes for certifying agencies.
Q23. Can we submit certifications electronically as opposed to being in a sealed
envelope?
A23. USCIS does not currently permit electronic submission of certifications.
Q24. In cases where the applicant made an initial report, but cannot offer any
assistance beyond alleging that a crime occurred, what purpose would a U Visa
approval serve? For example, if the suspect is unknown to them, and it appears
that the applicant cannot substantially assist law enforcement in the investigation
or prosecution of the alleged crime. What about if their assistance will not be
needed beyond the initial report because the case is suspended?
A24. Petitioners for U nonimmigrant status must demonstrate that they possess credible and
reliable information concerning the qualifying criminal activity and are helpful to a certifying
agency in the investigation or prosecution of it. Although petitioners may submit relevant,
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credible evidence for the agency to consider, USCIS determines, in its sole discretion, the
credibility and weight given to all the evidence, including the Supplement B.
Noncitizen victims of human trafficking and qualifying criminal activity may not
have immigration status in the United States and may therefore be fearful of working with law
enforcement. Traffickers and abusers often use a lack of immigration status to exploit and
control victims. In addition, language and cultural barriers may make it difficult for victims to
reach out for help after experiencing victimization. Immigration relief, like the U and T visa,
provides a path for victims to stabilize their status in the United States and build a sense of
safety and security. The U visa was designed to promote cooperation between law enforcement
and victims by encouraging victims to report crimes, even if they lack immigration status. The U
visa not only strengthens law enforcement’s ability to detect, investigate, and prosecute serious
crimes, but it also bolsters relationships between law enforcement and noncitizens, which leads
to safer communities as a whole. Hence, there are many ways a victim can possess specific facts
to be helpful to a certifying agency. Petitioners who can’t describe the offender or provide any
suspect information may be able to provide other credible and reliable information that is
helpful, for example, what an offender said during the crime, where it occurred, or other
information relevant to the crime. If the law enforcement agency determines that the petitioner
has not been, is not being or, is not likely to be helpful, then it is in their discretion to decline to
make such a certification.
Certification practices are established by the individual law enforcement agency. As stated
earlier, there is no requirement that an investigation or prosecution be initiated or completed
after the victim reports the crime and makes themselves available to reasonable requests for
assistance. USCIS recognizes that the initiation or progress of an investigation or prosecution
may be outside a victim’s control. The law enforcement agency may determine that a victim has
been, is being, or is likely to be helpful in the detection or investigation of a qualifying crime
or criminal activity, as well as to the prosecution, conviction, or sentencing of the
perpetrator of the qualifying crime or criminal activity.
Q25. We see requests for recertification that are for cases that under our current
internal standards would not have been initially approved because of similar
circumstances in that the applicant cannot offer assistance outside of alleging a
crime occurred or the statute of limitations has run out. We lean towards only
approving requests for certifications where a victim is actively assisting an
investigation and prosecution is moving forward. Is it common to keep
recertifying applications where the applicant did not offer essential assistance past
just alleging a crime occurred with no further help?
A25. Federal U visa regulations and statutes do not set a specific statute of limitations for
signing the Form I-918B. The key is the victim’s helpfulness, not the timing of the helpfulness.
Your agency can certify a Form I-918B based on past helpfulness, present helpfulness, or the
likelihood of a victim’s future helpfulness. Helpfulness means the victim was, is, or is likely to be
assisting law enforcement in the detection, investigation, or prosecution of the qualifying
criminal activity of which they were a victim. This includes being helpful and providing
assistance when reasonably requested, along with an ongoing responsibility on the part of the
victim to be helpful. Those who unreasonably refuse to assist after reporting a crime will not be
eligible for a U visa.
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Completing another certification for the same victim is always at the discretion of the certifying
agency. However, if the victim’s U visa petition does not include a completed Form I-918B, the
victim will be ineligible for U nonimmigrant status. There are a few circumstances where USCIS
will request an updated or new certification from the victim that prompt additional requests to
certifying agencies. Victims applying for a U visa must submit Form I-918B within six months
after it is signed by a certifying official. If the Form I-918B expired before the victim was able to
file a petition or application with USCIS, they would require a new form. Victims may also
request another Form I-918B if the original form was incomplete or when significant additional
information regarding the detection, investigation, or prosecution, the victimization, and/or the
victim’s helpfulness becomes available. Additionally, if a victim applies for lawful permanent
residence (also known as a Green Card), they must demonstrate they did not unreasonably
refuse to comply with requests for assistance since receiving a U visa. As evidence of this, the
victim may request a newly signed Form I-918B or another signed document from your agency.
Q26. During the training, USCIS received several questions that relate to internal
certification procedures, including:
• Can we issue U-Visa certs for cases that are sealed?
• Is there a required records retention period for maintaining signed forms?
• Are law enforcement agencies required to submit a written response to the
attorneys submitting the request explaining the decision, especially if the
request is denied?
A26. These questions are specific to certifying agency procedures. Pages 15-16 of the U Visa Law
Enforcement Guide list best practices for certifying agencies and officials. USCIS encourages
certifying agencies to establish internal guidelines that include procedures for handling new or
re-signed Forms I-918B, procedures to safeguard against fraud, and processes for increasing
transparency of the agency’s certification policies to the public, among other best practices.
Pre-submitted Questions
Q1. If a child is sexually abused, their parent would be considered an indirect
victim. Is there any stipulations or time limit for them to apply? Can they apply 20
years later?
Per Federal U visa regulations, the investigation or prosecution refers to the detection or
investigation of a qualifying crime or criminal activity, as well as to the prosecution,
conviction, or sentencing of the perpetrator of the qualifying crime or criminal activity.
The U visa regulations do not set a specific statute of limitations for a victim to apply for U
nonimmigrant status or for a certifying agency to sign the Form I-918B, U Nonimmigrant Status
Certification. As a result, there may be instances when a victim comes forward with information
about a qualifying criminal activity and asks a certifying official to complete a certification years
after the qualifying criminal activity occurred. From a victim centered approach, a certifying
official should consider the victim’s helpfulness, and not the timing of the helpfulness.
Additionally, a certifying agency can certify a Form I-918B based on past helpfulness, present
helpfulness, or the likelihood of a victim’s future helpfulness. Helpfulness means the victim
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(direct victim, indirect victim, or bystander) was, is, or is likely to be assisting law enforcement
in the investigation or prosecution of the qualifying criminal activity of which they were a victim.
In determining whether the victim is, has been, or will be helpful, USCIS considers the facts of
each case, including:
• The level of assistance that law enforcement requests of the victim;
• The victim’s responsiveness to requests from law enforcement for assistance;
and
• The victim’s individual circumstances (such as age/maturity, trauma, etc.).
Q2. I was once told that once the actual victim turns 21, that the parents are no
longer eligible. Is this true?
Here, it is important to distinguish between two aspects of the U visa program:
1) a parent's potential eligibility as an indirect victim, and
2) a parent’s eligibility as a qualifying family member of a principal petitioner.
Certain family members may be indirect victims of a qualifying criminal activity and may file as
principal petitioners if the direct victim is unable to assist LE because they are deceased due to
murder or manslaughter, or incompetent or incapacitated:
• For a direct victim who is 21 or older at time of the qualifying crime, the direct
victim’s spouse or unmarried children under 21 may apply as indirect victims.
• For a direct victim who is under 21 at the time of the qualifying crime, the direct
victim’s spouse, unmarried children under 21, parents, or unmarried siblings under
18 may apply as indirect victims.
The indirect victim must meet all other eligibility requirements for the U visa (including harm,
helpfulness, etc.).
Certain qualifying family members may also be eligible for a U visa based upon their
relationship to the principal petitioner who is filing for the U visa. The principal petitioner must
have their petition for a U visa approved before qualifying family members can be eligible for
their own U visa; however, the principal petitioner can file a petition for family members at the
same time as their petition, or after they are granted the U visa.
A principal petitioner can petition for the following qualifying family members:
A. If they are under 21 years of age on the date their petition is received by USCIS, their:
(1) Spouse;
(2) Unmarried children under 21 years of age;
(3) Parents; or
(4) Unmarried siblings under 18 years of age.
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B. If they are over 21 years of age on the date their petition is received by USCIS, their:
(1) Spouse; or
(2) Unmarried children under 21 years of age.
Q3. Can USCIS provide more information on and/or samples indicating how much
detail USCIS would like to see in the Supp. B form and accompanying narrative?
Also, does it require more detail from civil law enforcement agencies? We have
gotten feedback that our certifications are more detailed than necessary (though
we do sometimes see RFEs as well).
USCIS does not have samples indicating how much detail is sufficient; however, USCIS
encourages those filling out the Supplement B to be as specific and detailed as possible when
answering the form questions. The level of detail does not vary depending on the type of agency
filling out the form. Any details included by the certifying official help adjudicators determine
whether petitioners have met the burden of proof to establish eligibility for a T or U
nonimmigrant status. Please include all relevant details you have.
Q4. Are we allowed to release a copy of the Letter of Certifiers in our agency when
private counsel request a copy?
As this question relates to certifying agency policy, and we defer to agencies to create their own
internal policies. Sharing information about who is designated to sign certifications in your
agency is at your discretion.
Q5. Is it proper for an applicant (or his/her attorney) to complete the I-918
Supplement B for certification by an agency if the signing authority verifies the
accuracy and truthfulness of the submitted information?
The certifying agency – not the victim, nor their attorney or representative – should complete
Form I-918B. The questions included in the Form I-918B are posed directly to the certifying
agency and the form used in support of other evidence submitted by the petitioner.
USCIS strongly recommends that law enforcement agencies develop policies regarding how a
victim can submit a certification request. Some certifying agencies have policies that indicate
that victims send a letter with a certification request that outlines the qualifying crime, the
victim’s assistance, as well as other relevant information. Certifiers may also request
information they deem relevant for their completion of the Supplement B from the victim or
their attorney or representative.
Ultimately, given that the certifying agency is attesting to the veracity and completeness of the
certification, the certifying agency – not the victim, nor their attorney or representative – should
complete Form I-918B.
Q6. Victims of domestic violence can choose to proceed with the matters
criminally, civilly (family court restraining order) or both. If a victim reports an
act of domestic violence to a law enforcement agency but chooses to only pursue a
restraining order only, can a law enforcement agency issue a certification or
should that only be signed by the judge who heard the testimony of the purported
victim?
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The U visa regulations define a certifying agency as a Federal, State, or local law enforcement
agency, prosecutor, judge, or other authority, that has responsibility for the investigation or
prosecution of a qualifying crime or criminal activity. Given the scope of that definition, a victim
may meet the helpfulness requirement for their cooperation with multiple certifying agencies
depending on the QCA, as different agencies may have different responsibilities. Certifying
agencies may also detect the QCA in the course of carrying out their responsibilities.
As stated earlier, there is no requirement that an investigation or prosecution be initiated or
completed after the victim reports the crime and makes themselves available to reasonable
requests for assistance, and USCIS recognizes that the initiation or progress of an investigation
or prosecution may be outside a victim’s control. That being said, certification practices vary
among law enforcement and certifying agencies.
Therefore, a victim may be able to request and receive a certification from different agencies
investigating or prosecuting the same criminal activity.
Q7. If a law enforcement agency declines to issue a certification, can another law
enforcement agency issue one if such submission is true and correct to the best of
the certifier’s knowledge and belief. (Since the certification is voluntary, some
agencies have personal objections to signing such applications whereas other
agencies are satisfied with such a task.)
Each certifying agency determines, within the certifying agency’s discretion, whether to
complete and sign a certification, in accordance with the agency’s procedures. Therefore, a
decision by one certifying agency to not certify is discretionary and does not preclude another
agency from issuing a certification. However, pursuant to U visa regulations, a certifying agency
must demonstrate they have responsibility for the detection or investigation of a qualifying
crime or criminal activity, or for the prosecution, conviction, or sentencing of the perpetrator of
the qualifying crime or criminal activity. Additionally, the certification must state that the
applicant has been a victim of qualifying criminal activity that the certifying official's agency has
detected or is investigating or prosecuting; the petitioner possesses information concerning the
qualifying criminal activity of which he or she has been a victim; and that the petitioner has
been, is being, or is likely to be helpful to an investigation or prosecution of that qualifying
criminal activity, among other requirements.
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