U Nonimmigrant Status (U-Visa)
Legal protection and Green Card pathway for victims of qualifying crimes who assist law enforcement. Overview of law enforcement certifications, Bona Fide Determinations (BFD), and broad inadmissibility waivers.
U Nonimmigrant Status (U-Visa) Overview
INA § 101(a)(15)(U) • 8 C.F.R. § 214.14 • Protection for Crime Victims Assisting Law Enforcement
Protection and Permanent Residence for Victims
The U Nonimmigrant Status classification was established under the Victims of Trafficking and Violence Protection Act (VTVPA) to protect immigrant victims of qualifying violent or exploitative crimes who assist law enforcement in investigating or prosecuting criminal activity.
U-Visa status provides lawful status in the United States for up to 4 years, work authorization, derivative status for qualifying family members, and a direct statutory bridge to Lawful Permanent Residence (Green Card) after 3 years of continuous physical presence under INA § 245(m).
U-Visa applicants have access to one of the most expansive discretionary waivers in immigration law (Form I-192). Almost all criminal and immigration grounds of inadmissibility (except participants in Nazi persecution or genocide) can be waived in the national or public interest.
4 Core Requirements
- Form I-918 Supplement B: Signed certification from certifying agency (police, DA, judge).
- Substantial Harm: Suffered substantial physical or mental abuse as a result of the crime.
- Helpfulness: Was helpful, is being helpful, or is likely to be helpful in investigation.
Statutory Qualifying Crimes
INA § 101(a)(15)(U)(iii) • Including Any Similar Activity Violating Federal, State, or Local Law
Bona Fide Determination (BFD) & Work Permits
USCIS Policy Providing Interim Relief and 4-Year EADs During Statutory Waitlist
Due to the annual statutory cap of 10,000 principal U-visas, wait times for final approval exceed several years. To protect victims, USCIS conducts an initial Bona Fide Determination (BFD).
USCIS verifies that Form I-918, proper Supplement B, and personal statement have been properly filed without facial defects.
FBI and DHS biometric screenings are conducted to ensure petitioner does not pose a risk to national security or public safety.
Upon affirmative BFD finding, USCIS grants Deferred Action and issues a 4-year renewable work permit (EAD code (c)(14) or (a)(19)/(a)(20)).
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