Migratio United States · Guides · Find legal help · For lawyers

U visa: who it covers, the law enforcement certification, no filing fee, and the annual cap

U nonimmigrant status is for victims of listed crimes who suffered substantial abuse and have been, are or are likely to be helpful to the authorities. The petition (Form I-918) needs a signed certification from a certifying agency, has no filing fee, and principals are capped at 10,000 a year, with a waiting list and deferred action when the cap is reached. Confidential support is available 24/7 from the National Domestic Violence Hotline (1.800.799.7233) and the National Human Trafficking Hotline (1-888-373-7888).

Congress created U nonimmigrant status in the year 2000 for people who have been victims of certain crimes and who help the authorities investigate or prosecute them. The statute is 8 U.S.C. 1101(a)(15)(U), the procedure is 8 CFR 214.14, and the annual limit is in 8 U.S.C. 1184(p)(2). People often call it the "U visa". A person who is in the United States is granted the status here and does not need a visa from a consulate.

This page explains the rules as written: who qualifies, what the certification is, what it costs, what the cap means and what happens after approval. It does not say whether a particular person qualifies, whether an agency will sign, or what a person should do. Those answers turn on the facts and on the agency's own practices.

If you are in danger now: the National Domestic Violence Hotline says "Please contact 911 if you feel like you are in immediate danger or a life-threatening situation." The Hotline is confidential and open 24/7 at 1.800.799.7233, and you can text "START" to 88788. The National Human Trafficking Hotline is 24/7 and confidential at 1-888-373-7888, or text 233733. Neither is a legal service.

What the law requires

Under 8 U.S.C. 1101(a)(15)(U)(i), DHS must determine that all four of these are true:

  1. Substantial abuse. The person "has suffered substantial physical or mental abuse as a result of having been a victim of criminal activity" on the list.
  2. Information. The person (or, for a child under 16, a parent, guardian or next friend) "possesses information concerning criminal activity" on the list.
  3. Helpfulness. The person has "been helpful, is being helpful, or is likely to be helpful" to a federal, state or local law enforcement official, prosecutor, judge, or other authority investigating or prosecuting that criminal activity.
  4. Place. The crime "violated the laws of the United States or occurred in the United States (including in Indian country and military installations) or the territories and possessions of the United States".

The list of crimes. The statute, 1101(a)(15)(U)(iii), names: rape; torture; trafficking; incest; domestic violence; sexual assault; abusive sexual contact; prostitution; sexual exploitation; stalking; female genital mutilation; being held hostage; peonage; involuntary servitude; slave trade; kidnapping; abduction; unlawful criminal restraint; false imprisonment; blackmail; extortion; manslaughter; murder; felonious assault; witness tampering; obstruction of justice; perjury; fraud in foreign labor contracting; and attempt, conspiracy or solicitation to commit any of them. It also covers "any similar activity in violation of Federal, State, or local criminal law".

The regulation's own list, written in 2007, is shorter. It omits stalking and foreign labor contracting fraud, and it says "any similar activity" refers to offences whose "nature and elements" are "substantially similar" to the statutory list (8 CFR 214.14(a)(9)). USCIS's U page lists stalking. Which crimes count in a given state's criminal code is a legal question.

Substantial abuse is judged on factors that include the nature of the injury, the severity of the conduct and harm, the duration, and "the extent to which there is permanent or serious harm to the appearance, health, or physical or mental soundness of the victim". The regulation adds: "No single factor is a prerequisite", and a series of acts can add up (214.14(b)(1)).

Who counts as a victim. Generally the person who "suffered direct and proximate harm". The spouse, children under 21 and, if the direct victim is under 21, the parents and unmarried siblings under 18 can be treated as victims where the direct victim died from murder or manslaughter, or is incompetent or incapacitated (214.14(a)(14)). Someone "culpable for the qualifying criminal activity being investigated or prosecuted" is excluded.

The certification: Form I-918, Supplement B

The petition must contain a certification from a government official. The statute, 8 U.S.C. 1184(p)(1), says it must state that the person "has been helpful, is being helpful, or is likely to be helpful" in the investigation or prosecution. On the form this is Supplement B, "U Nonimmigrant Status Certification".

Who can sign. A "certifying official" is the head of a certifying agency, a person in a supervisory role the head has specifically designated to sign, or a federal, state or local judge (8 CFR 214.14(a)(3)). A "certifying agency" is a "Federal, State, or local law enforcement agency, prosecutor, judge, or other authority" with responsibility for investigating or prosecuting the crime, and the definition expressly includes agencies such as child protective services, the Equal Employment Opportunity Commission and the Department of Labor (214.14(a)(2)).

What it must say. That the signer has the authority; that the agency has responsibility for detection, investigation, prosecution, conviction or sentencing of the crime; that the person "has been a victim of qualifying criminal activity that the certifying official's agency is investigating or prosecuting"; that the person has information about it; that the person has been, is being or is likely to be helpful; and that the crime violated U.S. law or occurred in the United States, its territories or possessions, Indian country or on a military installation abroad (214.14(c)(2)(i)).

Timing. The certification must be "signed by a certifying official within the six months immediately preceding the filing" of Form I-918.

What the certification does not do. The regulation says USCIS "will determine, in its sole discretion, the evidentiary value of previously or concurrently submitted evidence, including Form I-918, Supplement B" (214.14(c)(4)). A signed certification is required evidence, but it is not an approval. The regulation describes what the certification must contain and who may sign; it sets no deadline for an agency to respond and does not describe a right to have one signed. Agencies have their own policies, and USCIS publishes a law enforcement resource guide. A person who has been refused a signature, or has not yet asked, should take that fact to a representative rather than assume anything about it.

Other required evidence. A signed statement by the petitioner describing the facts of the victimization; any additional evidence of the eligibility elements; biometrics; and, if the person is inadmissible, a Form I-192 waiver request (214.14(c)(2)-(3)). USCIS may grant the waiver "if it determines that it is in the public or national interest" (8 CFR 212.17(b)(1); 8 U.S.C. 1182(d)(14)); it cannot waive the ground in section 212(a)(3)(E), and for violent or dangerous crimes or security grounds "USCIS will only exercise favorable discretion in extraordinary circumstances" (212.17(b)(2)).

Fees, filing and confidentiality

No filing fee. 8 CFR 106.2(a)(62) lists the Form I-918 (and Supplements A and B) at "No fee", and 106.2(a)(63) the Form I-929 at "No fee". Section 106.2(b)(5) also exempts U applicants and holders from fees for related forms: travel documents (I-131), the I-192 waiver, the I-290B appeal or motion, the I-485 adjustment application, the I-539 extension, the I-601 waiver, the I-765 work permit and the I-824. USCIS's U page puts it this way: "U nonimmigrants are fee exempt for all forms through adjustment of status." Check Form G-1055 on uscis.gov for the current schedule.

The government filing fee is zero, so a request for a "filing fee" for this petition does not match the fee rules. An attorney or accredited representative may charge for their own work; the point is that the fee to USCIS is $0. Scams target this group. See our page on immigration scams.

Where to file. USCIS has sole jurisdiction over U petitions (8 CFR 214.14(c)(1)). USCIS's U page says all petitions and related forms go to its Vermont Service Center. A person in removal proceedings files with USCIS, and ICE counsel "may agree, as a matter of discretion" to a joint motion to terminate proceedings without prejudice while the petition is adjudicated. A person with a final order may still file, but filing "has no effect on ICE's authority to execute a final order", although a stay of removal may be requested (214.14(c)(1)).

Confidentiality. Information about U petitioners is protected. Under 8 CFR 214.14(e) disclosure is prohibited except in listed cases, agencies receiving information are bound by 8 U.S.C. 1367, and DHS officials "are prohibited from making adverse determinations of admissibility or deportability based on information obtained solely from the perpetrator". USCIS's page adds that a petitioner can put a safe address in the mailing address field: "You do not have to be living at the safe address for USCIS to send mail to it."

The cap, the waiting list and deferred action

The cap. No more than 10,000 principal petitioners can be granted U status in a fiscal year (8 U.S.C. 1184(p)(2)(A); 8 CFR 214.14(d)(1)). The limit "shall only apply to principal aliens", not to spouses, children or the parents of child petitioners.

The waiting list. Eligible petitioners who, "due solely to the cap", are not granted status "must be placed on a waiting list and receive written notice of such placement". Priority is by the date the petition was filed, oldest first. In the next fiscal year, USCIS issues numbers "in the order of highest priority", provided the person "remains admissible and eligible" (214.14(d)(2)).

Protection while waiting. USCIS "will grant deferred action or parole to U-1 petitioners and qualifying family members" while the principals are on the list, and "may authorize employment". During that time there is no accrual of unlawful presence, though a person may be removed from the list and deferred action may be terminated in USCIS's discretion (214.14(d)(2)-(3)).

USCIS's U page describes the practice in more detail. It says that "Principal petitioners and derivative family members living in the United States may receive employment authorization and deferred action if the underlying pending petition is bona fide, and they meet certain discretionary standards", and separately that employment authorization for principals and derivatives "can only be issued after the underlying U nonimmigrant status petition is approved, regardless of when the Form I-765" is filed. How those two statements fit together in a given case is something to read on the current page. It also says petitioners on the list "do not have to take any additional steps to request the U visa".

How long this takes varies by year, by service center workload and by the number of petitions ahead in the queue. This page gives no waiting figure. Use the USCIS processing-times tool for the Vermont Service Center, and note its date, rather than relying on a figure quoted elsewhere.

After approval: status, family and the green card

Status. U status can be approved for up to 4 years in total (214.14(g)(1)). Extensions beyond that are available where a certifying official attests that the person's presence "continues to be necessary to assist in the investigation or prosecution", and in some other cases (214.14(g)(2); 8 U.S.C. 1184(p)(6)). Principals are "employment authorized incident to status", and USCIS issues the first work permit automatically to those in the United States (214.14(c)(7)).

Family. A principal can petition on Form I-918 Supplement A for derivative status: spouse (U-2), child (U-3), and, if the principal is under 21, parent (U-4) and unmarried siblings under 18 (U-5) (214.14(a)(10), (f)). Derivatives "are not subject to an annual numerical limit". The relationship must exist when the principal's petition is filed and when the supplement is decided. Derivatives in the United States may file a work permit application (I-765) with the fee exemption noted above.

Travel and admission. A person inside the United States is granted status on approval. A person outside it must go through a consulate or port of entry after approval (214.14(c)(5)(i)(B)).

The green card. Under 8 U.S.C. 1255(m) and 8 CFR 245.24, a U nonimmigrant may be granted permanent residence if they have "been physically present in the United States for a continuous period of at least 3 years since the date of admission", have not "unreasonably refused to provide assistance" in the investigation or prosecution, and their continued presence is justified "on humanitarian grounds, to ensure family unity, or is otherwise in the public interest". Absences over 90 days at a time, or 180 days in total, break continuity unless the absence helped the investigation or the agency that signed the certification confirms it was otherwise justified. A family member who never held U status can seek adjustment through Form I-929, which has no fee.

Revocation and denial. USCIS can revoke approval after notice for reasons that include the certifying official withdrawing the certification, error, or fraud, with 30 days to rebut (214.14(h)). A denied petition can be appealed to the Administrative Appeals Office under 8 CFR 103.3. Denial does not by itself prevent applying for other relief; if a person had been in removal proceedings that were terminated for the petition, DHS may file a new Notice to Appear after a final denial (214.14(c)(5)(ii)).

Legal help, hotlines, and what a representative does

Only an attorney or a DOJ-accredited representative of a recognized organization can legally represent someone before USCIS or the immigration courts (8 CFR 292.1, 1292.1). The USCIS "Find Legal Services" page lists the official ways to find an attorney or accredited representative, and EOIR publishes a List of Pro Bono Legal Service Providers for people in immigration proceedings, updated each January, April, July and October. Our pages on free immigration legal help and DOJ-accredited representatives explain who is on those lists. For immediate support from advocates, call the National Domestic Violence Hotline (1.800.799.7233; text "START" to 88788) or the National Human Trafficking Hotline (1-888-373-7888; text 233733).

Work on a U petition typically involves:

  1. identifying whether the facts fit a listed crime and the statute's four elements;
  2. identifying the agency that investigated or prosecuted, and the person authorised to sign Supplement B, and preparing the request for a certification;
  3. writing the petitioner's statement and gathering evidence of substantial abuse, such as medical, counselling, police and court records;
  4. screening for inadmissibility and preparing the I-192 waiver where needed;
  5. deciding which family members to include on Supplement A; and
  6. preparing for the waiting list: safe address, address changes and keeping the filing receipt.

That list describes the work. It does not tell anyone whether they should file or whether they qualify.

For T visas, which have no certification requirement, see our page on the T visa. For abused spouses, children and parents of U.S. citizens and permanent residents, see the VAWA self-petition.

Finding a licensed attorney or accredited representative

Migratio's directory lists immigration attorneys and DOJ-accredited representatives. Listings are shown in a neutral order with factual filters (state, language, attorney or accredited representative). Migratio does not recommend, rank or match any lawyer, and it is not a lawyer referral service. Check any listing yourself against the state bar or the EOIR roster before you sign anything.

See attorneys and accredited representatives in the directory.

Notaries public, notarios and immigration consultants are not lawyers and cannot give immigration legal advice. Only a licensed attorney or a DOJ-accredited representative can.

Migratio is not a law firm and does not give legal advice. Only a licensed attorney or a DOJ-accredited representative can advise you.

Questions people ask

How much does a U visa cost?

There is no filing fee for Form I-918, its supplements or Form I-929 (8 CFR 106.2(a)(62)-(63)), and 106.2(b)(5) exempts related forms such as the work permit and the adjustment application. Check Form G-1055 for the current list, and treat any request for payment to file the petition with suspicion.

Do I need a police report or a law enforcement certification for a U visa?

The petition must contain a certification on Form I-918 Supplement B signed by a certifying official within six months before filing (8 CFR 214.14(c)(2)(i); 8 U.S.C. 1184(p)(1)). It is required evidence, and USCIS decides what weight it carries. Other evidence, such as police and medical records, supports the other elements.

Which crimes qualify for a U visa?

Section 1101(a)(15)(U)(iii) lists rape, torture, trafficking, incest, domestic violence, sexual assault, abusive sexual contact, prostitution, sexual exploitation, stalking, female genital mutilation, being held hostage, peonage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, blackmail, extortion, manslaughter, murder, felonious assault, witness tampering, obstruction of justice, perjury and fraud in foreign labor contracting, plus attempts, conspiracy, solicitation and similar activity.

How many U visas are issued each year?

The statutory limit is 10,000 for principal petitioners in each fiscal year, with no limit for derivative family members (8 U.S.C. 1184(p)(2)). Petitioners who qualify but cannot be granted status because of the cap go on a waiting list and are eligible for deferred action or parole (8 CFR 214.14(d)).

Can I work while my U visa petition is pending?

Work authorization is tied to approval or to a deferred action grant while on the waiting list. USCIS says it may authorize employment for waiting-list petitioners and family members (8 CFR 214.14(d)(2)), and its U page describes how a bona fide determination can lead to a work permit. Read the current page for the steps.

When can a U visa holder apply for a green card?

After 3 years of continuous physical presence since admission as a U nonimmigrant, if other requirements are met, including not unreasonably refusing to help the investigation or prosecution and humanitarian, family-unity or public-interest grounds (8 U.S.C. 1255(m); 8 CFR 245.24).

Sources

Last checked 2026-10-10.

Related guides

  • T visa for trafficking survivors: the requirements, how it differs from the U visa, and what happens after approval — T nonimmigrant status is for victims of a severe form of trafficking in persons who are in the United States because of it, who have complied with reasonable law enforcement requests (unless under 18 or unable because of trauma), and who would suffer extreme hardship involving unusual and severe harm if removed. There is no filing fee, and principals are capped at 5,000 a year. The National Human Trafficking Hotline is 24/7 and confidential: 1-888-373-7888.
  • VAWA self-petition (Form I-360): who can file, what must be shown, and what an approval does — A VAWA self-petition lets certain spouses, children and parents of abusive U.S. citizens or permanent residents ask for immigrant classification without the abuser's involvement or knowledge. The statute is 8 U.S.C. 1154(a)(1); the form is I-360, and there is no filing fee. An approval gives classification, not status: a green card comes through a separate step. The National Domestic Violence Hotline is confidential and open 24/7 at 1.800.799.7233.
  • Free ($0) and low-cost immigration legal help: where it comes from — Legal help at $0 or low cost comes mainly from three official sources: EOIR's List of Pro Bono Legal Service Providers (for people in immigration court), DOJ-recognized non-profits with accredited representatives, and supervised law school clinics. Government filing fees usually still apply.
  • What is a DOJ accredited representative? — An accredited representative is a non-attorney the Department of Justice has approved to represent people in immigration matters, working only through a DOJ-recognized non-profit. 'Full' accreditation covers USCIS, immigration court and the BIA; 'DHS only' covers USCIS and the rest of DHS.
  • Immigration scams: warning signs and where to report them — Only attorneys and DOJ-accredited representatives may give immigration legal advice, USCIS forms are available at no cost on its website, and USCIS does not take payment by gift card or by apps such as Venmo. If you have paid a scammer, report to the FTC and your state consumer protection office.
  • Notario vs. immigration lawyer: what a notary can't do — In the United States a notary public (notario público) is not a lawyer and may not give immigration legal advice or represent you. Federal rules limit representation to attorneys, DOJ-accredited representatives and a few narrow categories.
  • Form I-765 fee 2026: $520, $260, $570 or no fee — The standard paper fee for Form I-765 is $520 (8 CFR 106.2(a)(44)). It is $260 with a pending I-485 filed with a fee after 1 April 2024, some groups pay nothing, and a statutory fee applies to initial asylum, parole and TPS work permits, rising from $560 to $570 on 16 October 2026.
  • USCIS fee waiver (Form I-912): which forms qualify and how it works — Only the fees listed in 8 CFR 106.3(a)(3) can be waived, and the green card petition for a relative (I-130) and advance parole are not on the main list. Inability to pay is shown by a means-tested benefit, household income at or below 150% of the poverty guidelines, or extreme financial hardship. A denial cannot be appealed.