FAQ: The U Visa and How It Can Protect Immigrant Workers

This resource will provide a general overview of the purpose, benefits, eligibility, and requirements for the U visa and related immigration benefits, specifically as they apply to labor-based crimes. Originally published in September 2010.

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Organization Source:
National Immigration Law Center 

Organization Website:
https://www.nilc.org/ 

Categories:
Civil Rights (CR) | CR – Workers’ Rights

 Date Last Updated: September 1, 2024 

What Is the U Visa’s Purpose?

Congress created the U visa as part of the Victims of Trafficking and Violence Protection Act of 2000 (TVPA). Its purpose was to encourage immigrants to report crimes to law enforcement and to afford protection for those willing to cooperate.3 Congress intended that the law would protect victims of domestic violence and other violent crimes, but it also explicitly expressed its intent that the visa protect against qualifying workplace-related crimes.  Indeed, the U visa’s list of “Qualifying Criminal Activity” includes several work-related crimes, though it is worth noting that many other crimes can occur in the workplace.  Further, the U visas can be obtained for “substantially similar” crimes to those enumerated in the list.

 

What Are the Benefits of the U Visa?

Benefits of U nonimmigrant status include:  

  • Lawful nonimmigrant status for up to four years;  
  • Four years of work authorization; 
  • Derivative benefits for spouses and children under 21; 
  • Eligibility to adjust status to lawful permanent resident after three years. 

How does a Worker become Eligible for a U Visa?

To be eligible for a U visa, a worker must meet the following criteria:

  1. The worker has suffered substantial physical or mental abuse as a result of having been a victim of a qualifying criminal activity;
  2. The worker has information about the criminal activity;
  3. The worker has been helpful, is being helpful, or is likely to be helpful in the investigation or prosecution of the crime; and
  4. The criminal activity violated local, state, or federal law, or occurred in the U.S.  
  5. A law enforcement agency agrees to “certify” the worker’s that the worker is a victim of a qualifying criminal activity and that the worker has been helpful in the investigation and/or prosecution of that crime. 

USCIS will not consider a U visa petition without a completed law enforcement certification. 

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