U nonimmigrant status (commonly called the U visa) is a humanitarian immigration option for certain victims of qualifying criminal activity in the United States who meet specific legal requirements, including a required certification of helpfulness. This guide explains U visa eligibility, the Form I‑918 petition and Supplement B certification, what to expect with the annual cap and backlog, and practical considerations like family members, work authorization pathways tied to USCIS processes, and travel.
This article is for general informational purposes and does not constitute legal advice; eligibility and strategy depend on the facts of each case.
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U visa eligibility (quick checklist):
- Qualifying criminal activity with substantial physical or mental abuse.
- Information about the crime.
- A certifying official who can confirm your helpfulness.
- A U.S. law / U.S. location connection, plus admissibility or an applicable waiver strategy.
What is a U visa? (U nonimmigrant status)
The U visa is shorthand for U nonimmigrant status, a humanitarian category for certain victims of qualifying criminal activity connected to the United States. If you want U nonimmigrant status, the starting point is filing Form I‑918 (Petition for U Nonimmigrant Status) with USCIS.
Official source: USCIS Form I‑918 (Petition for U Nonimmigrant Status) (includes USCIS guidance on filing Form I‑765 together with Form I‑918 or Form I‑918A for more efficient consideration under the bona fide determination process).
If you are outside the U.S., U.S. embassies and consulates cannot accept U-status petitions; you must file Form I‑918 directly with USCIS first.
Who may be eligible for a U visa?
To be eligible, you generally must show you are a victim of qualifying criminal activity and that you suffered substantial mental or physical abuse. You must also show you have specific, credible, and reliable information about the criminal activity and that a certifying official can confirm you have been, are being, or are likely to be helpful in the detection, investigation, or prosecution (and related stages such as conviction or sentencing).
The criminal activity must have occurred in the United States or violated U.S. law. You must also demonstrate you are admissible to the United States or eligible for a waiver.
If you’re not sure whether your facts meet these requirements, contact Tondini Law to request a case-specific eligibility and documentation plan.
The certification requirement (Form I‑918 Supplement B)
A U visa petition must include Form I‑918 Supplement B (U Nonimmigrant Status Certification) submitted at the same time as Form I‑918. This certification is the document where a law enforcement (or other certifying) official confirms your helpfulness in the qualifying criminal activity matter.
What “helpfulness” usually means
The certifying official must certify that the victim has been, is being, or is likely to be helpful in the detection, investigation, or prosecution, conviction, or sentencing of the qualifying criminal activity. Because “helpful” is evaluated through the record, it’s important that your timeline, statement, and supporting documents are consistent and easy for the agency (and later USCIS) to follow.
If the Supplement B certification is your biggest bottleneck, contact our team to discuss a certification strategy and what evidence to prepare.
U visa qualifying crimes: how to evaluate your incident
“Qualifying criminal activity” is a legal term in the U visa context, and eligibility depends on the specific facts and documentation of what happened. In practice, the certification process often relies on what the certifying agency can verify from reports and records, so it helps to gather and organize any available documentation early.
If you’re not sure your situation fits, avoid self-disqualifying based on a generic list; the safer approach is a fact-based evaluation using the documents you can obtain (for example, police reports, court records, medical records, or victim advocate records).
How to apply for U visa
The U visa process has two tracks that must align: (1) certification and (2) the USCIS petition. Practically, that means you plan for the certification request first (because it can take time), while preparing the I‑918 petition packet in parallel.
Step-by-step overview
- Identify the certifying agency and prepare a clear certification request with supporting documents.
- File Form I‑918 with USCIS and include Form I‑918 Supplement B at the same time.
- Include a personal statement describing the facts of the victimization (USCIS lists this as part of what makes a principal petition “bona fide”).
- Complete biometrics and background/security checks as required; USCIS considers these results when determining whether a petition is bona fide.
- If you are in the U.S., USCIS recommends submitting Form I‑765 at the same time as Form I‑918 (or Form I‑918A) to enable more efficient consideration under the bona fide determination process.
If you may be inadmissible, USCIS lists Form I‑192 as the waiver application to include (with the appropriate fee or a fee-waiver request), depending on your case.
What to gather (documents checklist)
- Police report (or incident/case number) and any records from the investigating agency, if available.
- Court records (charges, restraining orders, case outcomes, or related filings), if applicable.
- Medical or counseling records that help document physical or mental harm, when available.
- Proof of family relationship for derivatives (for example, marriage certificate or birth certificates) if you plan to file Form I‑918A.
- A clear timeline of events (dates, locations, agencies involved, and how you were helpful), to keep your statement and supporting documents consistent.
Before you file, contact Tondini Law to review your U visa roadmap (forms, evidence, certification timing, and risk).
Annual cap, backlog, and “what year are they on?”
Congress limited the number of principal U‑1 approvals to 10,000 per fiscal year, which contributes to long waits. USCIS states it adjudicates petitions to meet the cap based on filing date priority, generally prioritizing the oldest petitions.
Bona fide determination (BFD), deferred action, and interim work authorization
USCIS implemented the bona fide determination process to more efficiently conduct initial reviews and, for eligible victims, provide employment authorization and deferred action while they wait for final adjudication under the annual cap. USCIS explains a principal petition is “bona fide” when it is properly filed and includes a properly completed Supplement B, a personal statement, and completed background/security checks (biometrics).
A bona fide determination can provide interim stability, but it does not equal final U status approval.
Family members (Form I‑918A / Supplement A)
You may be able to petition for qualifying family members using Form I‑918 Supplement A (I‑918A), and you must file a separate I‑918A for each qualifying family member you want to include. The Department of State notes that qualifying family members are not subject to the same 10,000 annual cap that applies to principal victims.
If a qualifying family member is outside the U.S., they generally need the USCIS approval notice (Form I‑797) for the I‑918A before they can apply for the visa at a U.S. embassy or consulate.
Travel and re-entry (can you travel with u visa?)
If you are outside the U.S. and want U‑1 status, you must file Form I‑918 with USCIS first; embassies/consulates cannot accept the petition. If you have U nonimmigrant status and travel outside the U.S., the Department of State explains you must obtain a U visa at a U.S. embassy or consulate to re-enter the United States.
Official source: Travel.State.gov: U visa and re-entry after travel (explains that after traveling outside the United States, you must obtain a U visa at a U.S. embassy or consulate to re-enter the United States).
Because travel can create serious immigration consequences depending on your history, it’s smart to get individualized guidance before leaving the U.S. while anything is pending.
Can a U visa be denied?
Yes—petitions can be denied when required elements are not supported, when the certification is missing/withdrawn, or when discretionary issues apply. Strong filings typically reduce risk by making the case easy to verify: organized evidence, clean timelines, and no contradictions across forms and statements.
When it makes sense to talk to a U visa lawyer (u visa lawyer / u visa attorneys)
U visa cases often become difficult at the Supplement B certification stage or when the evidence doesn’t clearly match each legal requirement. A consultation is most valuable when it helps you confirm eligibility, identify missing evidence, and plan a certification and filing timeline before you submit anything.
U Visa FAQs
What is a U visa in the U.S.?
The U visa is shorthand for U nonimmigrant status, a humanitarian category for certain victims of qualifying criminal activity connected to the United States who meet the legal requirements and petition USCIS.
What is the U visa for?
U nonimmigrant status can provide a lawful framework for eligible victims and, under USCIS processes, may support deferred action and work authorization through the bona fide determination process while a case waits under the annual cap.
What forms are required?
The petition is filed on Form I‑918, and it must include Form I‑918 Supplement B (certification) submitted with the petition.
What is the Supplement B certification?
Supplement B is the certification completed by a certifying official to confirm the petitioner’s helpfulness in the detection, investigation, prosecution, conviction, or sentencing of the qualifying criminal activity.
How many U visas are available each year?
There is a statutory cap of 10,000 per fiscal year for principal petitioners (U‑1), and USCIS states it generally prioritizes adjudication to meet the cap by filing-date priority (oldest first).
What year are they processing?
Because of the annual cap and high demand, timelines can be long; “what year they are on” can change, so it’s best to compare your filing date to official USCIS updates and your case posture.
Can I travel while my U visa is pending?
Travel is fact-specific and can be risky; if you travel outside the U.S., the Department of State explains you generally must obtain a U visa at a U.S. embassy or consulate to re-enter the United States.
Can a U visa be denied?
Yes—denials can happen if required elements are not met, the certification is missing/withdrawn, or discretionary concerns apply, so documentation and consistency across forms and evidence matter.
Can my family be included in my U visa?
Qualifying family members may be petitioned through Form I‑918 Supplement A (I‑918A), and the Department of State notes they are not subject to the same 10,000 annual cap that applies to principal victims.
Does the U visa forgive immigration issues?
Some cases require addressing inadmissibility through a waiver; USCIS lists Form I‑192 as the waiver filing used in U visa contexts when applicable.
Next steps
If you think U nonimmigrant status may apply, the most efficient next step is a plan for certification + evidence + risk management before you file.
Contact Tondini Law about a U visa matter to get a clear next-step plan for certification, evidence, and risk—before you file.
If you’re reaching out for intake questions, mention “U visa” and whether you already have (or are requesting) a Supplement B certification.
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