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.
Eligibility Requirements
To qualify, you must have suffered substantial physical or mental abuse as a result of qualifying criminal activity in the U.S., have information about the criminal activity, have been helpful or be likely to be helpful to law enforcement, and the crime must have violated U.S. laws. Qualifying crimes include domestic violence, sexual assault, trafficking, kidnapping, extortion, and many others.
The Law Enforcement Certification
You need Form I-918, Supplement B signed by a certifying law enforcement agency confirming you were a victim and have been or are likely to be helpful. This is often the most challenging step.
Work Authorization and Wait Times
Due to the massive backlog (over 300,000 pending petitions), USCIS issues bona fide determination notices granting deferred action and work authorization to qualifying petitioners while their U visa is pending. Current wait times from filing to visa approval exceed 5 years.
Path to Green Card
After holding U nonimmigrant status for 3 continuous years, you may apply for adjustment of status to permanent residence. You must demonstrate continuous physical presence, no unreasonable refusal to cooperate with law enforcement, and meet admissibility requirements (or obtain a waiver via Form I-601).