U Visa Outside the U.S.

The following guide is intended as a general overview of the types of special immigrant status visas.

Generally

The U visa is for immigrants who have been victims of a crime and assist or are willing to assist U.S. authorities in investigating and/or prosecuting that crime.

Eligibility

To be eligible to apply for a U visa, a person must: Have suffered substantial physical or mental abuse as a result of being a victim of certain types of crimes; Possess information about that criminal activity; Provide a certification from a law enforcement official, prosecutor, or judge that the person has been, is being helpful, or is likely to be helpful in the investigation or prosecution of the criminal activity; and Show that the criminal activity violated the laws of the United States.

Application Process

If eligible, applicants should submit the following documents and applications: Form I-918, Petition for U Nonimmigrant Status Form I-918, Supplement B, U Nonimmigrant Status Certification. The Form I-918, Supplement B, must be signed by and authorized official of the certifying law enforcement agency (PDF)and the official must confirm that you were helpful, and currently being helpful, or will likely be helpful in the investigation or prosecution of the case. A personal statement describing the criminal activity of which you were a victim.

Applying from outside the U.S.

You may also apply (petition) for U nonimmigrant status if you are outside the United States. To do this, you must: File all the necessary forms for U nonimmigrant status with the Vermont Service Center. Follow all instructions that are sent from the Vermont Service Center, which will include having your fingerprints taken at the nearest U.S. Embassy or Consulate. If your petition is approved, you must consular process to enter the United States, which will include an interview with a consular officer at the nearest U.S. Embassy or Consulate.

U Visa Resources

The following guide is intended as a general overview of the types of special immigrant status visas.

Generally

The U visa is for immigrants who have been victims of a crime and assist or are willing to assist U.S. authorities in investigating and/or prosecuting that crime.

Eligibility

To be eligible to apply for a U visa, a person must: Have suffered substantial physical or mental abuse as a result of being a victim of certain types of crimes; Possess information about that criminal activity; Provide a certification from a law enforcement official, prosecutor, or judge that the person has been, is being helpful, or is likely to be helpful in the investigation or prosecution of the criminal activity; and Show that the criminal activity violated the laws of the United States.

U Visa Application

If eligible, applicants should submit the following documents and applications: Form I-918, Petition for U Nonimmigrant Status Form I-918, Supplement B, U Nonimmigrant Status Certification. The Form I-918, Supplement B, must be signed by and authorized official of the certifying law enforcement agency (PDF)and the official must confirm that you were helpful, and currently being helpful, or will likely be helpful in the investigation or prosecution of the case. A personal statement describing the criminal activity of which you were a victim.

Resources

USCIS offers resources for victims of human trafficking and other crimes and the organizations that serve them. If you or your family has any questions about obtaining U nonimmigrant status, please see the resources at USCIS webpage here: https://www.uscis.gov/tools/humanitarian-benefits-based-resources/resources-victims-human-trafficking-other-crimes

U Visa Fees

The following guide is intended as a general overview of the types of special immigrant status visas.

Generally

The U visa is for immigrants who have been victims of a crime and assist or are willing to assist U.S. authorities in investigating and/or prosecuting that crime.

Eligibility

To be eligible to apply for a U visa, a person must: Have suffered substantial physical or mental abuse as a result of being a victim of certain types of crimes; Possess information about that criminal activity; Provide a certification from a law enforcement official, prosecutor, or judge that the person has been, is being helpful, or is likely to be helpful in the investigation or prosecution of the criminal activity; and Show that the criminal activity violated the laws of the United States.

Application Process

If eligible, applicants should submit the following documents and applications: Form I-918, Petition for U Nonimmigrant Status Form I-918, Supplement B, U Nonimmigrant Status Certification. The Form I-918, Supplement B, must be signed by and authorized official of the certifying law enforcement agency (PDF)and the official must confirm that you were helpful, and currently being helpful, or will likely be helpful in the investigation or prosecution of the case. A personal statement describing the criminal activity of which you were a victim.

U Visa Fees

All U nonimmigrant status applications and other forms related to the U petition are filed with the USCIS Vermont Service Center. All U nonimmigrant status applications (petitions) are free. You may request a fee waiver for any other form that is necessary for your U nonimmigrant status application by filing a Form I-912, Request for Fee Waiver, or by including your own written request for a fee waiver with your application.

U Visa Green Card Process

The following guide is intended as a general overview of the types of special immigrant status visas.

Generally

The U visa is for immigrants who have been victims of a crime and assist or are willing to assist U.S. authorities in investigating and/or prosecuting that crime.

Eligibility

To be eligible to apply for a U visa, a person must: Have suffered substantial physical or mental abuse as a result of being a victim of certain types of crimes; Possess information about that criminal activity; Provide a certification from a law enforcement official, prosecutor, or judge that the person has been, is being helpful, or is likely to be helpful in the investigation or prosecution of the criminal activity; and Show that the criminal activity violated the laws of the United States.

U Visa Application

If eligible, applicants should submit the following documents and applications: Form I-918, Petition for U Nonimmigrant Status Form I-918, Supplement B, U Nonimmigrant Status Certification. The Form I-918, Supplement B, must be signed by and authorized official of the certifying law enforcement agency (PDF)and the official must confirm that you were helpful, and currently being helpful, or will likely be helpful in the investigation or prosecution of the case. A personal statement describing the criminal activity of which you were a victim.

Green Card Process

The following information should be submitted along with your Form I-485: Two passport-style photos Form G-325A, Biographic Information, if you are between 14 and 79 years of age Copy of birth certificate Form I-693, Report of Medical Exam and Vaccination Record Copy of Form I-94, Entry/Exit Record Copies of all pages in your passport. If you do not have a passport, you should submit an explanation of why you do not have a passport. A list showing the dates of all arrivals and departures from the United States while you were in U nonimmigrant status with an explanation for each departure of why you left the United States.

U Visa Work Permit

The following guide is intended as a general overview of the types of special immigrant status visas.

Generally

The U visa is for immigrants who have been victims of a crime and assist or are willing to assist U.S. authorities in investigating and/or prosecuting that crime.

Eligibility

To be eligible to apply for a U visa, a person must: Have suffered substantial physical or mental abuse as a result of being a victim of certain types of crimes; Possess information about that criminal activity; Provide a certification from a law enforcement official, prosecutor, or judge that the person has been, is being helpful, or is likely to be helpful in the investigation or prosecution of the criminal activity; and Show that the criminal activity violated the laws of the United States

Application Process

If eligible, applicants should submit the following documents and applications: Form I-918, Petition for U Nonimmigrant Status Form I-918, Supplement B, U Nonimmigrant Status Certification. The Form I-918, Supplement B, must be signed by and authorized official of the certifying law enforcement agency (PDF)and the official must confirm that you were helpful, and currently being helpful, or will likely be helpful in the investigation or prosecution of the case. A personal statement describing the criminal activity of which you were a victim.

Work Permit

When USCIS grants U nonimmigrant status, an Employment Authorization Document (EAD) is granted at the same time. The information for the EAD is generated from the Form I-918. You must file a Form I-765, Application for Employment Authorization, along with the application for a U nonimmigrant status.

U Visa Dependents

The following guide is intended as a general overview of the types of special immigrant status visas.

Generally

The U visa is for immigrants who have been victims of a crime and assist or are willing to assist U.S. authorities in investigating and/or prosecuting that crime.

Eligibility

To be eligible to apply for a U visa, a person must: Have suffered substantial physical or mental abuse as a result of being a victim of certain types of crimes; Possess information about that criminal activity; Provide a certification from a law enforcement official, prosecutor, or judge that the person has been, is being helpful, or is likely to be helpful in the investigation or prosecution of the criminal activity; and Show that the criminal activity violated the laws of the United States

Application Process

If eligible, applicants should submit the following documents and applications: Form I-918, Petition for U Nonimmigrant Status Form I-918, Supplement B, U Nonimmigrant Status Certification. The Form I-918, Supplement B, must be signed by and authorized official of the certifying law enforcement agency (PDF)and the official must confirm that you were helpful, and currently being helpful, or will likely be helpful in the investigation or prosecution of the case. A personal statement describing the criminal activity of which you were a victim.

Dependents

Certain qualifying family members are eligible for a derivative U visa. If you are under 21 years of age, you may apply on behalf of your spouse, children, parents and unmarried siblings under age 18. If you are over 21 years of age, you may apply on behalf of your spouse and children. To apply for a qualified family member, you must file a Form I-918, Supplement A, Application for Immediate Family Member of U-1 Recipient at the same time as your application or at a later time.

U Visa Application Process

The following guide is intended as a general overview of the types of special immigrant status visas.

Generally

The U visa is for immigrants who have been victims of a crime and assist or are willing to assist U.S. authorities in investigating and/or prosecuting that crime.

Eligibility

To be eligible to apply for a U visa, a person must: Have suffered substantial physical or mental abuse as a result of being a victim of certain types of crimes; Possess information about that criminal activity; Provide a certification from a law enforcement official, prosecutor, or judge that the person has been, is being helpful, or is likely to be helpful in the investigation or prosecution of the criminal activity; and Show that the criminal activity violated the laws of the United States

Application Process

If eligible, applicants should submit the following documents and applications: Form I-918, Petition for U Nonimmigrant Status Form I-918, Supplement B, U Nonimmigrant Status Certification. The Form I-918, Supplement B, must be signed by and authorized official of the certifying law enforcement agency and the official must confirm that you were helpful, and currently being helpful, or will likely be helpful in the investigation or prosecution of the case. A personal statement describing the criminal activity of which you were a victim.

U Visa – Victims of Crime

The following guide is intended as a general overview of the types of special immigrant status visas.

Generally

The U visa is for immigrants who have been victims of a crime and assist or are willing to assist U.S. authorities in investigating and/or prosecuting that crime.

Eligibility

To be eligible to apply for a U visa, a person must: Have suffered substantial physical or mental abuse as a result of being a victim of certain types of crimes; Possess information about that criminal activity; Provide a certification from a law enforcement official, prosecutor, or judge that the person has been, is being helpful, or is likely to be helpful in the investigation or prosecution of the criminal activity; and Show that the criminal activity violated the laws of the United States

Qualifying Criminal Activities

Abduction Abusive Sexual Contact Blackmail Domestic Violence Extortion False Imprisonment Female Genital Mutilation Felonious Assault Fraud in Foreign Labor Contracting Hostage Incest Involuntary Servitude Kidnapping Manslaughter Murder Obstruction of Justice Peonage Perjury Prostitution Rape Sexual Assault Sexual Exploitation Slave Trade Stalking Torture Trafficking Witness Tampering Unlawful Criminal Restraint Other Related Crimes*+ *Includes any similar activity where the elements of the crime are substantially similar. +Also includes attempt, conspiracy, or solicitation to commit any of the above and other related crimes.

Visa Bulletin January 2018

The Visa Bulletin provides updated priority date information for family-based and employment-based green cards.

Immigrants to the US are classified into two categories – those requiring placement on a waiting list and those not through their relationship to a US immediate relative. Further, there are numerical quotas on the green cards that require a priority date. If the number of applicants in a year is over the available visa numbers, those applicants are placed on a waiting list and are given a priority date, which estimates when an applicant would get a visa based on the number of previous applicants on the waiting list.

Below are preference category information and visa allocations.

FAMILY-SPONSORED PREFERENCES

First: (F1) Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

A. (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.

Third: (F3) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.

EMPLOYMENT-BASED PREFERENCES

First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to “*Other Workers”

Fourth: Certain Special Immigrants: 7.1% of the worldwide level.

Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of Pub. L. 102-395.

Below is the link for the Visa Bulletin for January 2018.

https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2018/visa-bulletin-for-January-2018.html

For more information, contact ALO at 978-905-9992.

USCIS Reaches H2B Cap for 1st Half FY2018

USCIS has released the following press release about the H2B Cap:

USCIS has reached the congressionally mandated H-2B cap for the first half of fiscal year 2018.

Dec. 15, 2017, was the final receipt date for new H-2B worker petitions requesting an employment start date before April 1, 2018. USCIS will reject new cap-subject H-2B petitions received after Dec. 15 that request an employment start date before April 1, 2018.

USCIS continues to accept H-2B petitions that are exempt from the congressionally mandated cap. This includes the following types of petitions:

  • Current H-2B workers in the United States petitioning to extend their stay and, if applicable, change the terms of their employment or change their employers;
  • Fish roe processors, fish roe technicians, and/or supervisors of fish roe processing; and,
  • Workers performing labor or services in the Commonwealth of Northern Mariana Islands and/or Guam from Nov. 28, 2009, until Dec. 31, 2019.

USCIS is currently accepting cap-subject petitions for the second half of FY 2018 for employment start dates on or after April 1, 2018.