The U visa (U nonimmigrant status) is a status for victims of certain crimes who suffered physical or psychological harm and are helping law enforcement investigate or prosecute. The basis is INA § 101(a)(15)(U); no more than 10,000 statuses are granted to principal petitioners per year, which has stretched the queue out for years, while interim protection for some petitioners comes through the bona fide determination mechanism.
Status as of July 22, 2026. The bona fide determination mechanism is in effect (USCIS Policy Manual, Volume 3, Part C): for petitions found bona fide, USCIS may grant deferred action and work authorization for 4 years before a final decision. The queue for final decisions runs many years; current processing times are published by USCIS.
Who qualifies for the U visa
The key conditions include the following requirements. First — the person was the victim of qualifying criminal activity from an established list (it includes, among others, domestic violence, sexual assault, kidnapping, extortion, felonious assault, and human trafficking — while for trafficking victims a separate form of protection exists, the T visa, and the applicable basis in a specific case may differ). Second — substantial physical or psychological harm from that crime. Third — the victim has information and is helping (has helped, or is likely to help) law enforcement. The qualifying criminal activity must violate U.S. law or have occurred in the United States, including U.S. territories and possessions. The victim's immigration status at the time of the crime does not matter.
Law enforcement certification — a mandatory element
The I-918 petition is accompanied by a certification, Form I-918, Supplement B — a confirmation signed by a law enforcement agency (police, a prosecutor's office, a judge, and a number of other bodies) that the person was the victim of a qualifying crime and helped the investigation. Under federal law, no agency is obligated to sign a certification — it is discretionary; at the same time, some states have laws of their own imposing duties, presumptions, or deadlines on agencies handling certification requests, and practice varies widely. A valid Form I-918, Supplement B is a required element of the initial evidence for a U petition.
How the wait works: the bona fide determination
Because of the 10,000 annual cap, the final decision comes years after filing. Since June 2021, USCIS has been reviewing queued petitions for a bona fide determination: it checks the completeness of the filing, the presence of the certification and personal statement, and the results of security checks — and, beyond that, USCIS decides in its discretion whether the petitioner merits a favorable exercise of discretion; having the minimally required documents does not by itself guarantee deferred action and an EAD. On a favorable determination, a petitioner in the United States is granted deferred action and an EAD in category (c)(14) for 4 years; renewal is possible but remains discretionary and depends on continued eligibility. This is interim protection, not a status: deferred action is a discretionary DHS decision to temporarily defer removal actions; it does not create lawful status, does not guarantee protection from all enforcement actions, and can be reconsidered. USCIS issues final decisions on petitions later — broadly guided by filing date, but subject to the annual cap, the waiting list, and the circumstances of the specific case.
Confidentiality and family
U visa applicants' information is protected by statute: 8 U.S.C. § 1367 sets special strict limits on disclosing information about such petitions and prohibits adverse determinations based solely on information supplied by the alleged perpetrator and other persons specified in the statute. A petition can include family members (derivatives): for a petitioner 21 or older — a spouse and unmarried children under 21; for a petitioner under 21 — a spouse, children, parents, and unmarried siblings under 18. After three years of continuous presence in U status, a path to permanent residence (a green card) opens — subject to the statute's conditions.
The topic attracts unscrupulous "helpers": promises of a "guaranteed U visa" for money are a classic scheme; how to check a lawyer's license is covered in the piece on verifying an attorney. The broader context of humanitarian protections is in the humanitarian protection section.
Is the police required to sign the certification?
Under federal law — no: signing Form I-918B remains the agency's discretion. Some states, however, impose duties or deadlines of their own on agencies for handling certification requests, so rules and practice vary by state and by agency. One agency's refusal does not always close the question: another agency involved in the case can be the certifier — a prosecutor's office, a court, and a number of other bodies.
Can a person work while the petition is pending?
Work on the U basis becomes possible after USCIS grants deferred action and an EAD — either through the bona fide determination or, for petitions that went through full review without a BFD, through placement on the waiting list; these are two different procedural mechanisms with the same practical result. Before such a decision, work on the U basis is not authorized.
Will the abuser find out about the petition?
The statute (8 U.S.C. § 1367) sets special strict limits on disclosing information about victims' petitions — with narrow exceptions expressly provided by law — and prohibits adverse determinations based solely on information from the alleged perpetrator and other persons specified in the statute; officials face penalties for violations. Case materials are not published for public access.
Does filing a U petition stop deportation?
Not automatically. A filed I-918 does not by itself suspend removal proceedings and does not protect against detention. After a favorable bona fide determination or placement on the waiting list, USCIS may grant deferred action — a discretionary decision to temporarily defer removal actions; it is not full legal protection and not a guarantee. How a U petition interacts with an open immigration court case is a matter for individual assessment with a licensed attorney.
Does the U visa lead to a green card?
Not immediately: after U status is granted, three years of continuous presence in it and the statute's remaining conditions are required, after which an application for permanent residence is filed. Assessing a specific path is a question for a licensed attorney or an accredited representative of a recognized organization.