Status as of September 14, 2026. The bona fide determination mechanism is in effect (USCIS Policy Manual, Volume 3, Part C): for qualifying petitioners in the United States, a favorable determination may result in deferred action and, on adjudication of Form I-765, employment authorization — generally for an initial four-year period while the petition remains pending. The statutory cap of 10,000 principal grants a year has not changed, and the queue for final decisions runs for years. Current processing times are published by USCIS.
The U visa — U nonimmigrant status — is for victims of certain crimes who suffered substantial physical or mental harm and are helping law enforcement investigate or prosecute. The legal basis is INA § 101(a)(15)(U). Two features shape everything else about it: an authorized certifying official must sign Form I-918, Supplement B, and no more than 10,000 principal petitioners a year can be granted status.
Quick answers
Is the police required to sign the certification? Under federal law, no. Signing Form I-918, Supplement B is discretionary for the agency. Some states impose their own duties or deadlines on agencies handling certification requests.
How long does it take? Years. The wait splits into two stages — a bona fide determination, then a final decision limited by the annual cap — and USCIS publishes current times for its own stages.
Can I work while it is pending? Only after USCIS grants deferred action and an EAD, through the bona fide determination or placement on the waiting list. Filing alone does not authorize work.
Will the abuser find out? 8 U.S.C. § 1367 sets strict limits on disclosing information about these petitions and bars adverse determinations based solely on information from the alleged perpetrator.
Does filing stop deportation? Not automatically. A filed I-918 does not by itself suspend removal proceedings or prevent detention.
Does it lead to a green card? Yes, but not immediately: three years of continuous presence in U status are required first.
Who qualifies for the U visa
Four conditions have to be met together.
The person was the victim of qualifying criminal activity from a list set out in the statute. It includes domestic violence, sexual assault, kidnapping, extortion, felonious assault, witness tampering and human trafficking, among others.
The person suffered substantial physical or mental abuse as a result of that criminal activity. This is assessed on the record as a whole, not by a single document.
The victim has information about the crime and is helping — has helped, is helping, or is likely to help — law enforcement in the investigation or prosecution.
The criminal activity violated U.S. law or occurred in the United States, including its territories and possessions.
The victim's immigration status at the time of the crime does not matter. Where the harm came from trafficking specifically, a separate protection exists — the T visa — and which basis fits a particular case is a question for individual assessment.
The law enforcement certification
The petition is filed on Form I-918 and must be accompanied by Form I-918, Supplement B — a certification signed by a law enforcement agency confirming that the person was the victim of a qualifying crime and has been helpful. Police departments, prosecutors' offices, judges and a number of other bodies can sign it.
This is the narrowest point in the whole process, and it is worth being direct about why. Under federal law, no agency is obliged to sign. It is discretionary, and practice varies enormously between agencies and between states — some states have passed laws imposing duties, presumptions or response deadlines on certifying agencies, and others have not.
Two mechanical requirements matter as much as the willingness to sign. A properly executed Supplement B is required initial evidence and must be submitted together with the principal Form I-918. And the certifying official must sign it within the six months immediately preceding the filing of the petition — a certification obtained earlier and held has to be renewed.
If an agency refuses to certify
A refusal by one agency does not always end the matter. More than one agency can be a certifier when several were involved in the case — a prosecutor's office, a court, or a state or federal agency with investigative authority in the underlying offense. Where a state has a certification statute, it may set a deadline or a presumption that a refusal has to be explained.
Some agencies have written certification policies and a designated contact for requests; others handle them case by case. Legal-aid organizations and victim-services programs in many states help with these requests, and this is the stage where representation makes the most difference.
How the wait is structured
Because of the 10,000 annual cap, a final decision comes years after filing. Two separate mechanisms can provide protection during that wait, and confusing them with the final decision is the most common source of misunderstanding.
| Stage | What happens | What it gives |
|---|---|---|
| Bona fide determination | A preliminary review: initial evidence, biometrics, background checks, then discretion | For petitioners in the United States — deferred action and, on adjudication of Form I-765, an EAD in category (c)(14) |
| Waiting-list placement | A fuller eligibility review where no BFD was made: the petition is found approvable but no U-1 number is available under the cap | Deferred action or parole, and employment authorization |
| Final adjudication | Happens when a U-1 number becomes available under the annual cap | U nonimmigrant status, from which the three-year clock to a green card starts |
The first two rows are alternative routes to interim protection, not consecutive steps: a petition that does not receive a bona fide determination is not simply parked, and may instead be reviewed for waiting-list placement. Two things follow from that. First, both are interim protection, not status: deferred action is a discretionary decision to defer removal action, it creates no lawful status, guarantees nothing against every enforcement action, and can be reconsidered. Second, the processing time USCIS publishes measures its own adjudication stages — it is not the elapsed time from filing to status, which is driven by the cap.
The cap of 10,000 principal grants has been reached year after year, producing a substantial backlog for final adjudications. For the current picture, the USCIS processing times page and the agency's published data are the sources that matter; figures circulating on law firm blogs vary widely and are often measuring different stages.
Confidentiality and the abuser
Information about U petitions is protected by statute. 8 U.S.C. § 1367 sets strict limits on disclosing information about such petitions, with narrow exceptions written into the law, and prohibits adverse determinations based solely on information supplied by the alleged perpetrator or other persons named in the statute. Officials face penalties for violations, and case materials are not published for public access.
Family members
A petition can include derivatives, and which relatives qualify depends on the principal's age.
Principal aged 21 or older: a spouse and unmarried children under 21.
Principal under 21: a spouse, children, parents, and unmarried siblings under 18.
Derivatives are counted separately from the 10,000 cap on principals, but their cases move with the principal's.
What a pending petition does not do
A filed I-918 does not suspend removal proceedings, does not prevent detention and does not authorize work. Those protections come later, and only with a favorable determination. How a U petition interacts with an open immigration court case — and whether anything should be filed there — is a question for individual assessment with a licensed attorney.
Practical points that come up often: keep the address on file current with USCIS, because correspondence and requests for evidence go to it; a move to another state does not require the petition to be refiled.
From U status to a green card
After U status is granted, three years of continuous physical presence in that status are required, along with the statute's remaining conditions, before an application for permanent residence can be filed. The clock starts at the grant of status — not at filing, and not at a bona fide determination.
Scams
The topic attracts unscrupulous intermediaries, and the promise of a "guaranteed U visa" for money is the classic marker. No one can guarantee a certification, accelerate the cap, or influence the queue. How to check whether a representative is actually licensed is covered in the piece on verifying an attorney. The broader context of humanitarian protections is in the humanitarian protection section.
Frequently asked questions
Is a police department required to sign Form I-918, Supplement B?
Under federal law, no: signing remains the agency's discretion. Some states impose duties or deadlines of their own on agencies handling certification requests, so rules and practice vary by state and by agency. A refusal by one agency does not always close the question — another body involved in the case, such as a prosecutor's office or a court, can be the certifier.
Can a person work while the petition is pending?
Work on the U basis becomes possible only after USCIS grants deferred action and an EAD, either through the bona fide determination or through placement on the waiting list. Before such a decision, filing alone does not authorize employment.
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 action, not full legal protection.
How long is the wait?
Years. It breaks into a bona fide determination stage and a final decision limited by the cap of 10,000 principal grants a year. USCIS publishes current processing times for its own stages; those figures do not measure the full elapsed time from filing to status.
Official sources
| Resource | What it covers |
|---|---|
| Form I-918 at uscis.gov | The petition, Supplement B, instructions and filing addresses |
| USCIS processing times | Current times for the agency's own adjudication stages |
| USCIS Policy Manual, Volume 3, Part C | The bona fide determination process and what it grants |
| 8 U.S.C. § 1367 | Confidentiality protections and the bar on using the perpetrator's information |
| INA § 101(a)(15)(U); 8 CFR 214.14 | The statutory basis, the list of qualifying crimes and the regulations |