U Visa Qualifying Crimes and Form I-918B

A U visa is available to a victim of a specific list of serious crimes, including domestic violence, sexual assault, rape, stalking, felonious assault, kidnapping, extortion, trafficking, and witness tampering, who suffered substantial physical or mental abuse and has been helpful to police or prosecutors. To apply, the victim usually needs a signed law enforcement certification on Form I-918, Supplement B, from an agency such as a police department, prosecutor’s office, or judge. The crime has to be on the list (or substantially similar to a crime on the list), and the certification has to be current when the petition is filed. Below we walk through each requirement and the places where survivors most often get stuck.

Key Takeaways

• The qualifying crimes are set by statute, but the list also covers attempts, conspiracies, solicitations, and "any similar activity" whose elements are substantially similar to a listed crime.
• The I-918 Supplement B must be signed by a certifying official within the six months immediately before you file. An expired certification is one of the most avoidable problems in these cases.
• Certification is discretionary. If one agency will not sign, there may be another agency with authority over the same crime, so the strategy matters.

Which crimes qualify for a U visa?

The list of qualifying crimes is written into the immigration statute at INA § 101(a)(15)(U)(iii). It includes:

• Violent and sexual crimes: rape, sexual assault, abusive sexual contact, incest, domestic violence, felonious assault, torture, female genital mutilation, manslaughter, and murder.
• Crimes of control and confinement: kidnapping, abduction, being held hostage, unlawful criminal restraint, false imprisonment, peonage, involuntary servitude, slave trade, and trafficking.
• Exploitation crimes: prostitution, sexual exploitation, and fraud in foreign labor contracting.
• Threat and pressure crimes: stalking, blackmail, and extortion.
• Crimes against the justice system: witness tampering, obstruction of justice, and perjury.

The statute also covers an attempt, conspiracy, or solicitation to commit any of these crimes, and "any similar activity." That last phrase matters because state criminal codes rarely use the same names as the federal list. Under 8 CFR § 214.14(a)(9), "any similar activity" means criminal activity whose nature and elements are substantially similar to a listed crime. USCIS looks at the elements of the offense, not just its label.

In practice, this means a Florida charge like aggravated battery, aggravated stalking, or battery by strangulation is analyzed by comparing its elements to the listed crimes, such as felonious assault, domestic violence, or stalking. The DHS U and T Visa Law Enforcement Resource Guide explains to agencies how USCIS approaches this comparison. A crime that is not on the list, such as a simple theft or a burglary with no violence or threat, generally will not support a U visa on its own, even if the experience was frightening. Sometimes, though, the same incident involved more than one crime, and the facts in the police report show something the charging document does not. Reading the full record carefully is part of every case we take.

What are the four eligibility requirements?

Having been the victim of a qualifying crime is only the starting point. The regulation at 8 CFR § 214.14(b) sets out four requirements, and USCIS summarizes them on its U nonimmigrant status page:

1. Substantial physical or mental abuse. You must have suffered substantial physical or mental abuse as a result of the crime. USCIS considers factors like the nature of the injury, the severity of the conduct, how long the harm lasted, and whether the abuse aggravated a preexisting condition. A series of acts can add up to substantial abuse even if no single act would.
2. Information about the crime. You must possess credible and reliable information about the criminal activity. If you were under 16 or incapacitated when the crime happened, a parent, guardian, or next friend can provide that information on your behalf.
3. Helpfulness. You must have been helpful, be helpful, or be likely to be helpful to law enforcement in investigating or prosecuting the crime. This is not a one-time requirement; a survivor who unreasonably refuses to help after filing can lose eligibility.
4. A U.S. connection. The crime must have occurred in the United States (including its territories) or violated U.S. law, which can cover some crimes committed abroad.

Some family members can also qualify as "indirect victims." When the direct victim was murdered or killed in a manslaughter, or is incompetent or incapacitated, certain relatives can file as victims themselves under the definitions in 8 CFR § 214.14(a)(14). The relationships that count depend on the direct victim’s age, so this is a question to review with counsel.

A conviction is not required. The case does not have to go to trial, the perpetrator does not have to be found guilty, and in some cases nobody was ever arrested. What matters is that a qualifying crime was detected, investigated, or prosecuted and that you helped.

What is Form I-918 Supplement B, and who can sign it?

Supplement B, the U Nonimmigrant Status Certification, is the document in which a law enforcement official confirms that you were a victim of a qualifying crime and that you have been, are being, or are likely to be helpful. It is required evidence; USCIS will not approve a U visa petition without it.

Under 8 CFR § 214.14(a)(2), a "certifying agency" is a federal, state, or local law enforcement agency, prosecutor, judge, or other authority responsible for investigating or prosecuting the crime. That definition is broader than many people expect. Depending on the facts, it can include:

• Police departments and sheriff’s offices.
• State attorney’s offices and other prosecutors.
• Judges, including family court and criminal court judges.
• Agencies with criminal investigative jurisdiction in their own areas, such as child protective services or certain labor and employment agencies.

The certification must be signed by a "certifying official," defined in 8 CFR § 214.14(a)(3) as the head of the agency, a supervisory official the head has specifically designated, or a judge. A detective who worked your case may be helpful, but unless that person has been designated, the form usually has to go through the agency’s U visa point of contact.

Why does the six-month signing rule matter so much?

The regulation at 8 CFR § 214.14(c)(2)(i) requires that Supplement B be signed within the six months immediately preceding the filing of Form I-918. If the certification is older than that when USCIS receives the petition, it does not meet the requirement.

This sounds simple, but it causes real problems. Some agencies take months to process a request. Survivors sometimes receive a signed certification and then wait to gather the rest of the packet, the personal statement, or the waiver evidence, and the clock runs out. When that happens, you have to go back to the agency and ask for a new one, and there is no guarantee the second request is handled as quickly as the first. We plan the whole petition around the certification date so that everything is ready to file once it is signed.

What if the police or prosecutor will not sign?

Signing a certification is discretionary. No law requires an agency to sign Supplement B, and a court generally cannot order an agency to do so. The agency is not deciding whether you get a U visa; only USCIS makes that decision. Supplement B simply confirms the facts of the crime and your helpfulness, and the DHS resource guide for law enforcement makes that point to agencies directly.

When a request is denied or ignored, there are often options worth exploring:

• A different certifying agency. The police department that took the report, the prosecutor who handled the case, and the judge who presided over a related proceeding may each have authority to certify.
• A better request. Many denials come from incomplete requests or a misunderstanding about what the form does. A clear cover letter that identifies the qualifying crime, attaches the police report, and explains the victim’s cooperation can change the outcome.
• Reconsideration. Some agencies have internal review procedures or will revisit a request when new information comes out.

Florida agencies differ widely in how they handle these requests, and some have changed their practices in recent years. Because federal enforcement priorities have also shifted, some survivors worry that reporting a crime or asking for certification will expose them to immigration enforcement. That concern is real and deserves an honest conversation before you contact any agency. Our post on the court ruling on ICE’s 2025 policy affecting VAWA, U visa, and T visa survivors explains where that litigation stands.

Is there a limit on how many U visas are issued?

Yes. Under INA § 214(p)(2), no more than 10,000 principal petitioners can receive U nonimmigrant status in a fiscal year. Qualifying family members (derivatives) do not count toward that limit. Demand has exceeded the cap for years, which is why so many cases now wait a long time for a final decision.

To manage the backlog, USCIS uses two tools. The first is the bona fide determination process, in which USCIS reviews whether a pending petition is complete and bona fide and, if so, may grant deferred action and work authorization while the petition waits. The second is the waiting list described in 8 CFR § 214.14(d)(2), for petitions that are approvable but cannot be granted because the annual cap has been reached. We explain both in more detail in our posts on the U visa bona fide determination and work permit and on U visa processing time in 2026.

USCIS also issued a Policy Manual update on deferred action in May 2026. Deferred action is a discretionary benefit, and agency guidance on it can change. If you are counting on deferred action during the wait, confirm how current guidance applies to your specific case before making plans around it.

What if I have a criminal record or immigration violations?

Many U visa petitioners are inadmissible for some reason, such as entering without inspection, a prior removal, or certain criminal history. The U visa has one of the most flexible waivers in immigration law. Using Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, a petitioner can ask USCIS to waive most grounds of inadmissibility if doing so is in the public or national interest. That is a different standard from the extreme hardship waivers we discuss in our post on Form I-601.

The waiver is discretionary, though. Serious criminal history weighs heavily, and the explanation and evidence you submit can make the difference. We review every arrest, charge, and immigration encounter before filing, because surprises in the background check are much harder to fix after the fact.

How do I know whether the U visa is the right path?

Sometimes the U visa is the only option. Other times, a survivor qualifies for more than one form of protection, and the choice affects timing, work authorization, and the route to a green card. A survivor of abuse by a U.S. citizen or permanent resident spouse or parent may also be able to self-petition under VAWA, which does not require law enforcement certification. Our comparison of VAWA and the U visa lays out the differences. A survivor of labor or sex trafficking may be better served by a T visa, which we cover in our guide to the T visa for trafficking survivors.

A U visa holder can generally apply for a green card after three years of continuous physical presence in U nonimmigrant status, under INA § 245(m), if the other requirements are met. That long-term path is one more reason to choose the right first filing.

Frequently Asked Questions

Does the person who hurt me have to be convicted?

No. A conviction is not required, and the case does not have to go to trial. What matters is that a qualifying crime occurred, that you suffered substantial physical or mental abuse, and that you have been, are being, or are likely to be helpful to the investigation or prosecution.

How old can the crime be?

There is no deadline in the statute measured from the date of the crime. Older crimes can still qualify, but the certifying agency has to be willing and able to certify based on its records, and the Supplement B itself must be signed within the six months before you file.

Can I apply if I am in removal proceedings?

Generally, yes. People in removal proceedings or with prior removal orders can file a U visa petition with USCIS, although the immigration court case and any detention issues have to be managed alongside the petition. This situation requires careful coordination, so speak with counsel before taking any step.

Can my children be included?

Often, yes. Certain family members can be included as derivatives on Form I-918, Supplement A. If you are under 21, that can include your spouse, children, parents, and unmarried siblings under 18. If you are 21 or older, it includes your spouse and children. Derivatives do not count toward the annual cap.

How We Can Help

U visa cases are personal, and they are technical. We start by reviewing the police report, any court records, and your account of what happened to identify the qualifying crime and the strongest certifying agency. We prepare the certification request, track the six-month signing window, build the evidence of substantial abuse with care for your privacy and well-being, and address any inadmissibility issues with a well-supported I-192 waiver. If you have family members to include, we plan for them from the beginning.

Our founding attorney Denisse Ilabaca is Board Certified in Immigration and Nationality Law by The Florida Bar, a distinction held by fewer than two percent of Florida attorneys. The first step is a free pre-evaluation, where we review the facts and tell you whether we can help. If it is a fit, we invite you to a paid consultation with a full case review and a written flat-fee quote. Call us at (407) 917-2087 or start your immigration intake online.

This article is for general information and is not legal advice. Immigration law and agency practices change, and every case depends on its own facts. Reading this post does not create an attorney-client relationship with Ilabaca Law, PLLC. To discuss your situation, call (407) 917-2087.