USCIS Announces Its Intent to Certify U Visa Applications
It has been announced by the U.S. Department of Labor (DOL) that it has determined to certify U visa applications in favor of victims of certain crimes. Previously, only the traditional law enforcement offices were authorized to certify U visas for immigrant victims. Thus this transition can be termed as a major change.
The foreign nationals who are victims of certain crimes are encouraged to volunteer themselves and coordinate with the law enforcement forces through U visa. Individuals who are beneficiaries of the U visa are allowed to stay in the Unites States for up to four years. Further, the visa allows the individual to bring some of their family members into the U.S. and also grants automatic work authorization along with possibilities of obtaining the green card.
The immigrant victim is obliged to file USCIS Form I-918 along with the U visa application. A foreign national is eligible to apply for the U visa only if a law enforcement agency approves that the individual has been a victim of a crime and is cooperative while investigating or prosecuting those suspected of committing the crime. The applicant should be victim of physical or mental abuse in any of the criminal activities, including rape, sexual assault, female genital mutilation, witness tampering, blackmail, kidnapping, murder, slave trade, perjury, and other associated crimes.
Prior to applying for U visas, the U.S. Citizenship and Immigration Services (USCIS) Form I-918 Supplement B should be filled by a law enforcement agency with all the documents about the victim. The U.S. Department of Homeland Security has authorized the U.S. DOL as one of the law enforcement agencies.
Foreign nationals who have been traded to work illegally in the United States or ill-treated by the employers will be given U visa protection by the DOL. If the employer threatens an employee of the consequences that he/she would face after cooperating with a government investigation, it would be recognized as witness tampering thus qualifying the individual for U visa certification.