If you were a victim of a qualifying crime in the United States, the U visa may provide legal status, work authorization, and a path to permanent residence.
The U nonimmigrant visa was created by Congress in 2000 under the Victims of Trafficking and Violence Protection Act to encourage undocumented and nonimmigrant crime victims to cooperate with law enforcement without fear of deportation. It provides temporary legal status, work authorization, and eventually a path to a green card for qualifying victims.
To qualify for a U visa, you must meet four core requirements: (1) you were a victim of a qualifying criminal activity that violated U.S. law or occurred in the U.S.; (2) you suffered substantial physical or mental abuse as a result; (3) you have credible and reliable information about the crime; and (4) you have been, are being, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime.
Qualifying crimes include a broad list: domestic violence, sexual assault, rape, sexual exploitation, trafficking, kidnapping, felonious assault, blackmail, extortion, witness tampering, obstruction of justice, perjury, abusive sexual contact, false imprisonment, female genital mutilation, hostage-taking, involuntary servitude, manslaughter, murder, stalking, torture, and other similar crimes or attempts to commit these crimes.
You do not need to be a witness to a crime, being a victim is sufficient. You also do not need to be undocumented; lawful nonimmigrant visa holders who are crime victims can also apply for U visas. The status is separate from your immigration history and prior visa status.
The most important and often most difficult step in the U visa process is obtaining law enforcement certification on Form I-918 Supplement B. A certifying official at a law enforcement agency, prosecutor's office, judge, or other government authority must certify that you were helpful, are being helpful, or are likely to be helpful in the investigation or prosecution of the qualifying crime.
Law enforcement agencies are not required to provide certifications, it is discretionary. Some agencies have policies against certifying for certain crime types or circumstances. If one agency declines to certify, you may be able to seek certification from a different certifying authority (prosecutor's office, court, or another agency that had involvement in the case).
The certification must be signed by an authorized official and should be obtained before filing the U visa petition. The certification is valid for 6 months from the date of signing. If your certification expires before USCIS processes your petition, you may need to obtain a new one.
Victims who were helpful in the past but whose active assistance has ended may still qualify if they were helpful at some point. Similarly, victims who are willing to be helpful in the future, but whose case is not yet under active investigation, can sometimes obtain a certification based on the anticipated need for their assistance.
Congress set an annual numerical cap of 10,000 U visas per fiscal year. This cap has been reached every year for over a decade, creating a substantial backlog. As of 2026, wait times for U visa approval can exceed 5–8 years from the date of filing due to this cap.
To address the backlog, USCIS implemented a 'bona fide determination' process in 2021. Once USCIS determines that a U visa petition is bona fide (appears approvable and complete), the petitioner is placed on a waiting list and receives deferred action status plus a work authorization (EAD) while waiting for a visa number to become available. This allows victims to work and live without fear of removal during the wait.
Bona fide determination typically takes 18–36 months after filing, though times vary. Once you receive a bona fide determination and deferred action, you can apply for an EAD and obtain lawful employment authorization while waiting for your U visa number. This is a major improvement over the prior system where victims waited years with no work authorization.
Derivative U visa status is available for qualifying family members: spouses, children, parents (if the principal applicant is under 21), and unmarried siblings under 18. Family members must file derivative petitions and, once approved, receive their own work authorization and deferred action if in bona fide status.
Once USCIS makes a bona fide determination on your U visa petition, you receive deferred action and become eligible to apply for an Employment Authorization Document (EAD). The EAD is filed on Form I-765 with the category (c)(14). This work authorization allows you to work legally in any job for any employer in the United States.
Deferred action means that USCIS will not initiate removal proceedings against you during the period of deferred action. It does not provide immigration status per se, it is an exercise of prosecutorial discretion. However, for practical purposes, it provides protection from deportation and enables lawful employment.
Some states provide access to public benefits for U visa holders and those with deferred action, including driver's licenses, state-funded health programs, and social services. Benefit eligibility varies significantly by state, California, New York, Illinois, and Washington are among the most generous; other states restrict benefits to lawful status holders.
If you have an outstanding removal order from immigration court, obtaining deferred action as part of the U visa bona fide determination process does not automatically stay the removal order. You or your attorney should file a separate motion with the immigration court to administratively close the case or otherwise address the prior order.
After receiving U nonimmigrant status (not just bona fide determination, but actual U visa approval when a number becomes available), you must accumulate 3 years of continuous physical presence in the U.S. in U status before applying for a green card under INA §245(m).
To qualify for the green card, you must: have been continuously present in the U.S. for 3 years in U status; not have unreasonably refused to cooperate with law enforcement since your U visa approval; show that your presence in the U.S. is justified on humanitarian grounds, to ensure family unity, or is otherwise in the public interest; and be admissible (or receive a waiver of inadmissibility grounds).
USCIS will evaluate whether you have continued to cooperate with law enforcement. If you withdrew from cooperation without reasonable cause after receiving U status, this could bar green card eligibility. Reasonable refusals, such as declining to testify when doing so would endanger your safety, are not counted against you.
The green card process under the U visa path files Form I-485 Adjustment of Status once the 3-year continuous presence is met. The filing fee includes the biometrics fee and medical examination. Once the green card is approved, you are an LPR and can pursue naturalization after meeting the 5-year residence requirement.
H1B Visa Jobs Editorial Team
Senior Immigration Attorney
15+ years specializing in employment-based immigration. Has helped thousands of professionals navigate U.S. visa processes.