For an immigrant survivor of crime to qualify for U nonimmigrant status, they must obtain and submit to USCIS a certification of their helpfulness to law enforcement. A law enforcement agency (LEA) must complete Form I-918, Supplement B, “U Nonimmigrant Status Certification,” attesting to the survivor’s assistance.

In July 2019, the Department of Homeland Security issued an updated guide to LEAs that explains the U visa requirements and the U visa certification process and identifies best practices for certifying agencies and officials. The new guide is more anti-immigrant in tone than former guidance, but parts of it can still be a useful tool for immigrant advocates.

This practice advisory describes the 2019 and previous guidance to LEAs on U visa certification, analyzes the changes in the recently issued guidance, and provides advocacy tips for practitioners involved in the U certification process who wish to utilize the guidance to encourage LEA certifications.