The U visa is a nonimmigrant visa for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement in the investigation or prosecution of criminal activity. It provides temporary legal status, work authorization, and a pathway to a green card.
Key Takeaway
The U visa provides up to 4 years of legal status, work authorization, and eligibility for a green card after 3 years. The annual cap is 10,000 visas. Wait times currently exceed 5 years due to massive backlogs, but applicants can receive work permits while waiting.
What Is the U Visa?
The U visa provides immigration protection for victims of certain qualifying crimes who have suffered substantial physical or mental abuse and are willing to assist law enforcement in the investigation or prosecution of the crime. It was created by the Victims of Trafficking and Violence Protection Act to encourage crime victims — regardless of immigration status — to cooperate with police and prosecutors without fear of deportation.
Qualifying Crimes
The U visa covers a wide range of crimes including domestic violence, sexual assault and rape, abusive sexual contact, incest, kidnapping, abduction, trafficking, involuntary servitude, slave trade, torture, manslaughter, murder, witness tampassing, obstruction of justice, perjury, blackmail, extortion, felonious assault, fraud in foreign labor contracting, and being held hostage. Attempt, conspiracy, and solicitation to commit any of these crimes also qualify.
U Visa Requirements
To qualify, you must have suffered substantial physical or mental abuse as a result of a qualifying crime, have information about the criminal activity (or be under 16, in which case a parent or guardian can provide the information), have been helpful, be currently helpful, or be likely to be helpful to law enforcement in the investigation or prosecution, and the crime must have occurred in the United States or violated U.S. law.
Law Enforcement Certification (Form I-918B)
A critical requirement is obtaining a law enforcement certification (Form I-918 Supplement B) from a qualifying agency — police department, prosecutor, judge, or other investigative agency. The certification confirms that you were a victim, that you possess information about the crime, and that you have been, are being, or are likely to be helpful in the investigation. Many jurisdictions now have dedicated U visa certification units, but some agencies are reluctant to certify — an attorney can help navigate this process.
Annual Cap and Wait Times
Congress limits U visas to 10,000 per fiscal year for principal applicants. This cap is regularly reached, creating a waitlist that currently stretches 5+ years. While on the waitlist, you receive deferred action status (protection from removal) and can apply for an EAD work permit. The long wait is one of the most significant challenges of the U visa program.
Benefits of U Visa Status
Once granted U status (after the waitlist), you receive authorization to live and work in the United States for 4 years, eligibility for certain federal and state benefits, the ability to petition for qualifying family members (spouse, children, parents if you are under 21, and siblings under 18 if you are under 21), and a path to permanent residence after 3 years.
U Visa to Green Card
U visa holders can apply for adjustment of status after maintaining U status for at least 3 continuous years, demonstrating continuous physical presence, showing that adjustment is justified based on humanitarian, family unity, or public interest grounds, and demonstrating good moral character. The adjustment filing fee is waived for U visa applicants.
U Visa vs T Visa vs VAWA
The T visa is specifically for trafficking victims. VAWA is for victims of abuse by U.S. citizen or LPR family members and does not require law enforcement cooperation. The U visa covers the broadest range of crimes and requires law enforcement certification. You may qualify for more than one — consult an attorney to determine the strongest path.
Filing Process
File Form I-918 (Petition for U Nonimmigrant Status) with USCIS. There is no filing fee. Include your personal declaration describing the crime and abuse, the law enforcement certification (Form I-918B), evidence of the qualifying crime, evidence of substantial abuse (medical records, psychological evaluations, police reports, photographs, court records), and evidence of helpfulness to law enforcement.
If you are a crime victim: Your immigration status does not matter when reporting a crime. Call 911 for emergencies. Contact the National Domestic Violence Hotline at 1-800-799-7233. Seek legal assistance from nonprofit immigration organizations that handle U visa cases at no cost.
Last verified: April 2026 · Reviewed by USImmigrationLaw.Today editorial team.