U Visa Certification Process: Form I-918 Supplement B (2026)

The U visa is one of the most powerful protections available to immigrant survivors of serious crime in the United States. Created by the Victims of Trafficking and Violence Protection Act of 2000, it allows victims who report and cooperate with law enforcement to receive temporary lawful status, work authorization, and a path to permanent residence. It also encourages reporting by survivors who would otherwise stay silent for fear of immigration consequences.

USCIS adjudicates the U visa itself, but every case turns on a single piece of evidence: the certification on Form I-918 Supplement B, signed by a qualifying law enforcement agency or other authorized certifier. This guide walks through every part of the certification process. It is part of Claxton Law’s U & T Visas pillar.

What is the U visa?

The U visa is a nonimmigrant visa created by section 1513 of the Battered Immigrant Women Protection Act, part of the Victims of Trafficking and Violence Protection Act of 2000 (Pub. L. 106-386). It is codified at INA section 101(a)(15)(U). The U visa offers four protections to qualifying victims of crime:

• Four years of lawful nonimmigrant status in the United States.
• Employment authorization (EAD) for the same period.
• Permission to bring qualifying family members as derivatives.
• A path to lawful permanent residence after 3 years in U status.

The visa is decided by the USCIS Vermont Service Center under 8 CFR 214.14. The principal U-visa cap is 10,000 per fiscal year, set by Congress and unchanged since the program began. Derivative U visas are not capped.

Who qualifies for a U visa?

Four core requirements decide U-visa eligibility:

1. Qualifying criminal activity. The applicant must have been the victim of one of the 28 qualifying crimes (or any substantially similar criminal activity) that occurred in the United States or violated U.S. law.
2. Substantial physical or mental abuse. The applicant must have suffered substantial physical or mental abuse as a result of the criminal activity.
3. Possession of information. The applicant must have information about the criminal activity.
4. Helpfulness. The applicant must have been, currently be, or be likely to be helpful to law enforcement in detecting, investigating, prosecuting, convicting, or sentencing the criminal activity.

The applicant must also be admissible to the United States or qualify for a waiver of inadmissibility under Form I-192. Many U applicants have past unlawful presence, prior removals, or criminal convictions that require an I-192 waiver; USCIS grants U-context waivers generously where the public interest favors it.

The 28 qualifying crimes

The qualifying crimes are listed in INA section 101(a)(15)(U)(iii). They cover serious violent and exploitative offenses, plus several catchall categories. Any substantially similar criminal activity also qualifies, which allows state and federal crimes with different names to satisfy the standard if the conduct matches a listed offense.

The substantial harm requirement

The applicant must show substantial physical or mental abuse from the criminal activity. USCIS evaluates this on a case-by-case basis under 8 CFR 214.14(b)(1). Factors USCIS considers:

• Nature of the injury inflicted.
• Severity of the perpetrator’s conduct.
• Severity of the harm suffered.
• Duration of the infliction of harm.
• Permanent or serious harm to the victim’s appearance, health, or physical or mental soundness.

Documenting harm typically includes medical records, psychological evaluations, photographs of injuries, a detailed personal statement from the applicant, declarations from family or counselors, and police or hospital records. A single event causing serious injury can satisfy the standard. Repeated lower-level harm (long-term domestic violence) can also meet the standard.

The helpfulness requirement

Helpfulness is the second pillar of U eligibility and the standard the certifying agency evaluates. The applicant must have been, currently be, or be likely to be helpful to the detection, investigation, prosecution, conviction, or sentencing of the qualifying criminal activity.

Forms of helpfulness include:

• Reporting the crime to law enforcement.
• Providing a statement about what happened.
• Identifying suspects in photo arrays or line-ups.
• Cooperating with investigators and prosecutors.
• Attending interviews, depositions, or grand jury proceedings.
• Testifying at trial if called.
• Otherwise assisting the case through to disposition.

Helpfulness is ongoing. The applicant must remain available to assist the agency throughout the case. Refusing to cooperate at a later stage can result in the agency withdrawing the certification, which USCIS will treat as a U-visa eligibility problem.

Quick answer. The U visa requires four things: the applicant was the victim of one of 28 qualifying crimes, suffered substantial physical or mental abuse, has information about the crime, and was, is, or is likely to be helpful to law enforcement. The certification on Form I-918 Supplement B by a qualifying agency confirms the helpfulness element and is the gatekeeper of every U case.

Form I-918 Supplement B: the certification

Form I-918 Supplement B is the U Nonimmigrant Status Certification. It is the signed statement by a qualifying law enforcement agency or other certifier that confirms the applicant qualifies for the U visa on the certifying agency’s side of the eligibility test. USCIS will not approve a U petition without it.

What Supplement B captures

• Identifying information of the certifying agency and the certifying official.
• Identifying information of the victim (the U applicant).
• Description of the criminal activity, including statute violated, date, and location.
• Description of the harm to the victim.
• Description of the victim’s helpfulness in the case.
• Current status of the criminal case (under investigation, charged, prosecuted, convicted, closed).
• Signature and certification by the agency head or designated certifier under penalty of perjury.

Validity of Supplement B

A signed Supplement B is valid for 6 months. The U-visa petition must be filed within that 6-month window. If the petition is not filed in time, the agency must sign a new Supplement B. USCIS will accept an older Supplement B if accompanied by a current re-affirmation letter from the agency.

Who can sign Supplement B

The certifier must be a qualifying agency under 8 CFR 214.14(a)(2). The category is broader than most applicants assume:

• Federal law enforcement: FBI, ICE-HSI, U.S. Marshals, ATF, DEA, Secret Service, Postal Inspection Service, IRS Criminal Investigation, OIG, Border Patrol.
• State law enforcement: state police, state highway patrol, state attorneys general, state bureaus of investigation.
• Local law enforcement: city police, county sheriff, transit police, school district police.
• Prosecutors at any level: U.S. Attorneys, state district attorneys, county or city prosecutors, military prosecutors.
• Judges at any level handling the criminal case (federal, state, or local).
• Other agencies with investigative or prosecutorial authority: EEOC, Department of Labor Wage and Hour Division, Department of Justice Civil Rights Division, OSHA in workplace violence cases.
• Child Protective Services and Adult Protective Services in states where state law gives those agencies investigative authority over qualifying conduct.

The actual signer must be the head of the certifying agency, or a designated certifier (often the head of a unit, captain, lieutenant, supervising prosecutor, or a designated U-visa coordinator). The signer is making a sworn statement under penalty of perjury, so most agencies have internal review before sign-off.

How to request certification

The certification process varies by agency but typically follows a similar workflow:

Step 1: Identify the right agency and official

For most cases, the police agency that responded to the crime is the right starting point. For complex cases that moved to a prosecutor or to a specialized investigative unit, the prosecutor or unit head may be the better certifier. Federal agencies handle cases that touch federal law (trafficking, foreign labor contracting, federal workplace violence).

Step 2: Prepare the certification request package

A strong certification request includes:

• Cover letter explaining the U-visa program and what the certifier is being asked to do.
• Pre-filled Form I-918 Supplement B (with the agency’s information left blank for the certifier to confirm).
• Police reports, incident reports, and case file documents available to the applicant.
• Personal statement from the applicant describing the crime, the harm, and the cooperation provided.
• Medical records and other harm documentation.
• Letters of support from victim advocates, counselors, or community members.
• Memorandum of law on the program rules, particularly if the agency has not handled a U case before.

Step 3: Submit and follow up

Most agencies handle U requests by mail or in-person delivery, though some have online intake. Follow-up after 30 to 60 days is appropriate. Some jurisdictions have local laws (described below) that set response deadlines.

When an agency refuses to certify

Certification is discretionary. No federal law requires any agency to sign. A refusal does not necessarily end the case.

State certification laws

Several states have passed laws governing certification responses. As of 2026:

• California (Penal Code 679.10). Requires certifying agencies to respond within 90 days (15 days if applicant is in removal proceedings). Creates a presumption that any current investigation supports helpfulness.
• Illinois (50 ILCS 722). Requires response within 90 days, with reasons for denial.
• New York (Executive Law 642-a). Requires response within 90 days; creates training and reporting obligations.
• Washington, Colorado, Massachusetts, New Jersey, and several others have similar statutes.
• Florida and Utah (the Claxton Law office states) have no state-level certification mandate. Each agency sets its own internal policy.

Alternative certifiers

When the responding police agency declines, alternative certifiers include the prosecutor handling any related case, the judge in any related court proceeding, a parallel investigating agency (federal authorities for crimes that touch federal law), or in workplace violence cases, the Department of Labor or EEOC.

What to do if no certifier will sign

If no qualifying certifier signs Supplement B, the U visa cannot be filed. In that situation, the applicant may consider other forms of relief: VAWA self-petition (if the qualifying conduct was domestic violence), T visa (if the conduct involved trafficking), asylum (if the applicant fears return to their country), or special juvenile immigrant status if applicable.

After certification: filing Form I-918

With a signed Supplement B, the applicant files Form I-918, Petition for U Nonimmigrant Status, with USCIS Vermont Service Center. The full filing package typically includes:

• Form I-918 with all supporting evidence.
• Form I-918 Supplement B (the signed certification).
• Personal statement describing the crime, harm, and cooperation in the applicant’s own words.
• Form I-918 Supplement A for each derivative family member.
• Form I-192 with supporting evidence if any inadmissibility ground applies.
• Police reports, medical records, psychological evaluations, photographs, and other corroborating evidence of the crime and harm.
• Identity documents (birth certificate, passport, prior immigration documents).
• Filing fee waived for the principal I-918 (no fee).

USCIS accepts U-visa filings free of charge for the I-918 itself. Form I-192 (inadmissibility waiver) has a $930 fee in 2026, with a fee waiver available on Form I-912 for applicants who cannot afford it.

The 10,000 cap and the Bona Fide Determination

Congress caps principal U visas at 10,000 per fiscal year. Annual U-visa filings have exceeded the cap every year since 2010, currently running 30,000 to 60,000 per year. The result is a multi-year wait for the actual U-visa number.

The Bona Fide Determination (BFD)

To address the cap problem, USCIS implemented a Bona Fide Determination process in June 2021. Under the BFD process, USCIS reviews each pending U petition for basic eligibility (signed Supplement B, completed forms, no fraud indicators), and on cases that pass, issues:

• Deferred action (lawful presence) for 4 years.
• Employment Authorization Document (EAD) for the same 4-year period.
• Bona Fide Determination notice establishing the case as ready to be moved to full adjudication when a visa number becomes available.

The BFD does not approve the U visa. It is interim relief that lets the applicant work and live without fear of removal while waiting for the cap to release a visa number. BFD currently takes 3 to 5 years from initial filing in 2026.

The U-visa waitlist

Cases that receive a BFD are placed on the U-visa waitlist in the order received. As cap numbers become available each fiscal year (starting October 1), USCIS pulls cases off the waitlist in order and issues the actual U visas. Waitlist movement currently runs 4 to 6 years after BFD.

Family members and derivatives

The principal U applicant can include qualifying family members on Form I-918 Supplement A.

If the principal is under 21

• Spouse.
• Children (unmarried, under 21).
• Parents.
• Unmarried siblings under 18.

If the principal is 21 or older

• Spouse.
• Children (unmarried, under 21).

Derivative U visas are not capped and do not need their own qualifying victimization. They qualify through the principal’s case. Each derivative receives their own BFD, deferred action, and EAD when the principal receives them. After 3 years in U status, derivatives can adjust to LPR alongside the principal.

After U-visa approval: green card path

U-visa status is granted for 4 years. After 3 continuous years in U status, the U recipient becomes eligible to adjust to lawful permanent resident status under INA section 245(m).

Form I-485 adjustment requirements

• 3 continuous years of physical presence in the U.S. in U status.
• Continued willingness to assist law enforcement (a separate certification of continued helpfulness from the certifying agency may be requested).
• Adjustment is justified on humanitarian grounds, family unity, or public interest.
• Medical examination (Form I-693).
• Biometrics appointment and background check.
• Filing fee of $1,440 for the I-485 in 2026 (with available fee waiver on Form I-912 for indigent applicants).

The full U-visa-to-green-card timeline runs 7 to 10 years from initial I-918 filing. Most U applicants spend 3 to 5 years on the BFD waitlist, then 4 to 6 years waiting for a visa number, then file for adjustment. Derivatives generally adjust at the same time as the principal.

Related U & T visa and humanitarian guides

• U & T Visas pillar overview: eligibility, family members, and the firm’s approach to crime-victim cases.
• VAWA self-petition pillar: a related option for survivors of domestic violence whose abuser is a U.S. citizen or LPR.
• VAWA Self-Petition Evidence Checklist: documentation guide for VAWA cases that overlap with U-eligible conduct.
• Asylum and Deportation Defense pillar: when fear of return supports a parallel asylum filing.
• Immigration Attorney vs. Notario: why qualified counsel matters in U cases that often involve vulnerable applicants.

Frequently asked questions