DOL Certification of U and T Visa

US Labor Department expands its support of victims of human trafficking and other crimes.

Department will begin to certify ‘T’ visas and expand ‘U’ visa certifications.

On 04/02/2015, U.S. Secretary of Labor Thomas E. Perez announced that the labor department’s Wage and Hour Division will begin to exercise its authority to certify applications for trafficking victims seeking “T” visas. The division will also certify “U” visa requests when it detects three additional qualifying criminal activities in the course of its workplace investigations: extortion, forced labor, and fraud in foreign labor contracting.

Background: U and T Visas –

The Victims of Trafficking and Violence Protection Act of 2000 created two types of visas available for certain victims of crimes:

  • » U nonimmigrant visas provide legal status to victims of an enumerated list of “qualifying criminal activities” who have suffered substantial physical or mental abuse, and possess information concerning that crime, and who have been, are being, or are likely to be helpful to law enforcement or government officials.
  • » T nonimmigrant visas provide legal status to certain victims of human trafficking who assist law enforcement authorities in the investigation or prosecution of trafficking crimes.

What is certification? –

DHS’s U.S. Citizenship and Immigration Services (USCIS) decides whether to grant a request for a U or T visa.

Before making an application to USCIS, applicants for U visas are required to submit a law enforcement agency’s certification (Form I 918-Supplement B) that they are victims of a qualifying crime who meet the requirements for helpfulness in the investigation or prosecution of that crime.

Form I-918B is a required piece of evidence to confirm to USCIS that a qualifying crime has occurred and that the victim was helpful, is being helpful, or is likely to be helpful in the investigation or prosecution of criminal activity.

Applicants for T visas are “strongly encouraged” to submit a certification (I-914 supplement B-also referred to as a declaration or endorsement) from a law enforcement agency to show that they have been victims of human trafficking and that they have complied with reasonable requests for assistance.

Form I-914, Supplement B serves as primary evidence that you are a victim of trafficking and that you have complied with reasonable requests from law enforcement.

The significance of news release mentioned in 1st paragraph –

In 2011, WHD began completing U visa certifications, when appropriate, for victims of five qualifying crimes detected in the connection with its workplace investigations: trafficking, involuntary servitude, peonage, obstruction of justice, and witness tampering.

New Efforts initiated by Department of Labor –

In early 2015, WHD will make two important changes to its existing efforts in this area:

  • » Add three qualifying crimes for which it will complete U visa certifications, when appropriate, when detected in the course of WHD’s workplace investigations: extortion, forced labor, and fraud in foreign labor contracting (the latter of which was added to the list of qualifying crimes by the Violence Against Women Act Reauthorization of 2013); and
  • » Exercise similar authority by completing T Visa certifications for victims of human trafficking, where appropriate, when such activity is detected in the course of WHD’s workplace investigations.

The Wage and Hour Division (WHD) will consider completing U visa certifications where the following conditions are met:

  1. The qualifying criminal activity arises in the context of an employment relationship or work environment and there is a credible allegation of a violation of a law that WHD enforces related to the work environment or employment relationship;
  2. It has detected violations of any one of the following eight qualifying criminal activities: involuntary servitude, peonage, trafficking, obstruction of justice, witness tampering, extortion, fraud in foreign labor contracting, or forced labor; and
  3. The petitioner has demonstrated that he or she has been, is being, or is likely to be helpful to law enforcement officials in any investigation or prosecution of the qualifying criminal activity.

WHD will consider completing a T visa certification where the following conditions are met:

  1. WHD has detected a severe form of trafficking in persons;
  2. The trafficking activity arises in the context of a work environment or an employment relationship; and
  3. There is a credible allegation of a violation of a law that WHD enforces related to the work environment or employment relationship.

FAQS on U and T Visa Certification by DOL –

U VISA –

1. What is the law enforcement certification process for a U visa?

  • » If certifying, the law enforcement agency must use USCIS Form I-918, Supplement B (part of Form I-918, Petition for U Nonimmigrant Status) and provide it to the victim upon completion.
  • » The signed law enforcement certification states that the victim has been a victim of a qualifying crime; possesses information about the crime; and has been, is being, or is likely to be helpful to an investigation or prosecution of the qualifying crime.
  • » The victim will submit the certification to USCIS with the application for a U visa.
  • » A U-visa application that is not submitted with a law enforcement certification will not be considered complete. Without a certification, the U visa will be denied.

2. What factors will the Wage and Hour Division consider in response to a request for completion of a U Visa Certification?

The primary factors that will be considered include whether:

  • » The qualifying criminal activity arises in the context of an employment relationship or work environment and there is a related, credible allegation of a violation of a law, the Wage and Hour Division enforces;
  • » The petitioner alleges a qualifying criminal activity of involuntary servitude, peonage, trafficking, obstruction of justice or witness tampering, extortion, fraud in foreign labor contracting, and forced labor
  • » The petitioner has demonstrated that he or she has been, is being, or is likely to be helpful to law enforcement officials in any investigation or prosecution of the qualifying criminal activity;
  • » another law enforcement agency is already engaged in the investigation of the qualifying criminal activity or would be in a better position to certify based on the facts presented; and

UPDATE: Beginning April 2, 2015, the Wage and Hour Division will also accept requests for certification for petitioners who allege they were victims of the qualifying criminal activities of extortion, fraud in foreign labor contracting, and forced labor.

Whether completion of the U visa Certification would assist the Department’s investigation of a violation of a law that it enforces

  • » Department of Labor will NOT certify U Visa petitions that are unrelated to an investigation of a civil law under Wage and Hour Division jurisdiction. The Wage and Hour Division will only certify for the eight qualifying criminal activities identified above. The alleged qualifying criminal activity must arise in the context of a work environment or an employment relationship and there must be a related, credible allegation of a violation of a law that the Wage and Hour Division enforces.

3. What should a petitioner and/or his or her representative expect when requesting certification of a Supplement B form for a U Visa?

  • » All requests for completion of a U visa certification will be directed to the regional coordinator.
  • » In most cases the regional coordinator will interview the petitioner regarding their allegations to determine whether or not the request meets the requisite factors identified to consider certification.
  • » The petitioner’s underlying minimum wage or overtime complaint will be addressed according to the Wage and Hour Division’s standard complaint policy. Should the regional coordinator determine that the request is related to an ongoing Wage and Hour investigation; the regional coordinator will notify the appropriate Wage and Hour Division district office and investigator.
  • » The regional coordinator will work as appropriate with colleagues in the Regional Solicitor of Labor’s office in consideration of the request. The Department of Labor recognizes the importance of expeditious processing and timely responses and intends to notify the petitioner and/or his or her representative of its decision in writing as soon as possible.
  • » If the Department of Labor determines that the certification is appropriate, it will only complete one portion of the application, the Form I-918, Supplement B certification. Once the U visa certification is complete, it must be returned to the petitioner, who is responsible for submitting it to USCIS as part of the entire U visa petition package.
  • » Department of Labor’s completion of a U Visa Certification Does NOT result in the issuance of a U Visa. The presence of a completed law enforcement certification from a certifying agency does not guarantee the victim will be granted a U visa. The petitioner must demonstrate to U.S. Citizenship and Immigration Services that he/she meets all eligibility requirements for the U visa.

4. What should a petitioner expect if his or her request is denied?

If a decision is made not to certify the Form I-918, Supplement B, the petitioner or his or her representative will be informed of the decision in writing as soon as possible, along with information as to other law enforcement agencies that may be able to certify the petition.

5. How long does the Department of Labor expect the certification process to take?

It will take three months to review a single U visa certification request and make a determination as to whether or not to complete the certification. This timeframe will vary, however, depending upon the complexity of the case and the overall volume of U visa certification requests the Department’s regional representatives are handling at any one time.

T VISA –

1. What is the law enforcement declaration process for a U visa?

  • » If signing a declaration, the law enforcement agency must use USCIS Form I-914, Supplement B (part of Form I-914, Application for T Nonimmigrant Status) and return it to the victim upon completion.
  • » The signed law enforcement declaration states that the victim was or is a victim of a severe form of human trafficking, and has complied with any reasonable requests for assistance in a trafficking investigation or prosecution.
  • » The victim will submit the declaration to USCIS with the application for a T visa.
  • » A law enforcement declaration is optional evidence that an applicant may submit in support of a T-visa application.

2. What factors will the Wage and Hour Division consider in response to a request for completion of a T Visa Certification?

The primary factors that will be considered include whether:

  • » The severe form of human trafficking arises in the context of an employment relationship or work environment and there is a credible allegation of a violation of a law the Wage and Hour Division enforces related to the employment relationship or work environment;
  • » The petitioner complied with any reasonable request for assistance in the detection, investigation or prosecution of the trafficking;
  • » If another law enforcement agency is already engaged in the investigation of the trafficking activity or would be in a better position to certify based on the facts presented; and
  • » Completion of the T visa certification would assist the Department’s investigation of a violation of a law that it enforces.

3. What should a petitioner and/or his or her representative expect when requesting certification of Form I-914, Supplement B for a T Visa?

  • » The Department’s T visa certification protocols are identical to the protocols previously adopted for consideration of U visa certification requests, absent minor changes specific to each type of visa, and those protocols have been updated with an addendum explaining the updated guidelines and procedures.
  • » The Department of Labor’s completion of a T Visa Certification Does NOT result in the issuance of a T Visa.
  • » The Department of Labor does not have the authority to issue a T visa. The decision of whether to approve or deny a T visa petition rests solely with the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS).
  • » A law enforcement agency certification for a T visa is not required, but when available, is given significant weight as evidence that the applicant complied with reasonable requests for assistance from a law enforcement agency.
  • » The presence of a completed T visa law enforcement certification from a certifying agency does not guarantee the victim will be granted a T visa. The petitioner must demonstrate to USCIS that he/she meets all eligibility requirements for the T visa. The victim must include supporting evidence, other than the certification, to meet this burden.

Sources –

WHD News Release: [04/02/2015] US Labor Department expands its support of victims
of human trafficking and other crimes, available at https://www.dol.gov/opa/media/press/whd/WHD20150550.htm

Fact Sheet: The Department of Labor’s Wage and Hour Division Will Expand Its Support Of Victims of Human Trafficking and Other Crimes Seeking Immigration Relief from DHS, available at https://www.dol.gov/dol/fact-sheet/immigration/u-t-visa.htm

Department of Labor U and T Visa Process and Protocols Question – Answer, available at https://www.dol.gov/whd/immigration/utvisa-faq.htm#19

USCIS INFORMATION FOR LAW ENFORCEMENT OFFICIALS Immigration Relief for Victims of Human Trafficking and Other Crimes, available at https://www.uscis.gov/sites/default/files/USCIS/Resources/Humanitarian%20Based%20Benefits%20and%20Resources/TU_QAforLawEnforcement.pdf