Also included in that list are federal, state and local agencies that enforce employment and labor laws, such as the U.S. Which Government Entities Have Certifying Authority?Ī number of government entities have the authority to certify U visas, including federal, state, or local law enforcement agencies, prosecutors, judges, or other authorities with responsibility for the investigation or prosecution of qualifying criminal activities. The worker also should submit evidence, including affidavits, doctors’ reports, psychiatric evaluations, therapy session notes, court documents, police reports, or anything else that supports the worker’s claim. The worker must include a personal statement that provides a narrative of the crimes of which the worker is a victim and information about any resulting injuries. That entity must certify that the petitioner is a victim of one of the categories of qualifying criminal activities has knowledge of the activity and has helped, is currently helping, or is likely to help in the investigation or prosecution of the crime. This supplement is a mandatory certification form that must be completed by a government entity with authority to certify U visas. Form I-918, Supplement B, U Nonimmigrant Status Certification.Workers above age 21 cannot petition for their parents or siblings, but may petition for their spouse and children.
If the worker is under age 21, qualifying family members include siblings under 18, the worker’s spouse, parents, and any children. A separate Supplement A must be completed for each qualifying family member the worker wishes to file for. This supplement is optional for petitioners who wish to petition for qualifying family members. Form I-918, Supplement A, Evidence to Establish Derivative U Nonimmigrant Status.This form requests biographical information about the worker, the worker’s family members, and additional questions to determine the worker’s eligibility. Form I-918, Petition for U Nonimmigrant Status.To apply for a U visa, the worker or someone on the worker’s behalf must complete the following: The criminal activity violated local, state, or federal law, or occurred in the U.S.The worker has been helpful, is being helpful, or is likely to be helpful in the investigation or prosecution of the crime and.The worker has information about the criminal activity.
The worker has suffered substantial physical or mental abuse as a result of having been a victim of a qualifying criminal activity.To be eligible for a U visa, a worker must meet the following criteria: Eligibility to adjust status to a lawful permanent resident after three years.Derivative benefits for qualifying family members and.U visa status benefits include the following: Congress intended that the law would protect victims of domestic and other violent crimes, but it also explicitly expressed its intent that the visa protect against qualifying workplace-related crimes. Its purpose was to encourage immigrants to report crimes to law enforcement and also to afford protection for those willing to cooperate. What Is the U Visa’s Purpose?Ĭongress created the U nonimmigrant visa in 2000 when it passed the Victims of Trafficking and Violence Protection Act. With the possibility of protection and relief through a willingness to assist law enforcement, workers are more able to hold employers accountable and can feel empowered to improve their workplace conditions.
This form of immigration status provides important relief and an alternative for workers in abusive environments who fear losing their existing lawful immigration status through employer retaliation or who are targeted for lack of a current lawful status and, as a result, hesitate to report criminal activity to law enforcement. In those situations, depending on the crime and other factors, workers may be eligible for a U nonimmigrant visa. Sometimes, however, employer abuse of workers will rise to the level of criminal activity. Abusive practices may violate collective bargaining agreements, wage and hour laws, equal employment protections, or the right of workers to engage in protected concerted activity. Unions and other worker advocates often witness, first-hand, employer exploitation and abuse of immigrants in the workplace. The U Visa and How It Can Protect Workers