NonimmigrantLaw enforcement requestAnnual capForm I-854Path to green card

S-5 / S-6 Witness or Informant

A status that law enforcement requests for foreign nationals with critical, reliable information about a criminal organization (S-5) or terrorism (S-6).

Last reviewed Oct 1, 2026Sources: eCFR · GovInfoReport an error

At a glance

Who requests: A federal or state law enforcement agency, court or U.S. Attorney’s Office — never the individual
Form: Form I-854A, filed with the Justice Department’s Criminal Division
Annual cap: 200 S-5 and 50 S-6 per fiscal year
Maximum admission: 3 years, no extensions
USCIS filing fee: $0 for Form I-854
Green card: Possible under INA 245(j) at law enforcement’s request (Form I-854B)

Individuals cannot apply. Only an interested law enforcement agency can start the process. The agency certifies the request at headquarters level (for federal agencies) or the highest state level, with a U.S. Attorney’s endorsement, and submits it to the Assistant Attorney General, Criminal Division, under 8 CFR 214.2(t). There is no public application, and no promise of permanent residence can be made.

Overview

The S classification (INA 101(a)(15)(S)) covers two groups. S-5: people with critical, reliable information about a criminal organization or enterprise who are willing to supply it and whose presence is essential to an investigation or prosecution. S-6: people with critical, reliable information about a terrorist organization or operation who are in danger because of it and are eligible for a State Department reward. Source: 8 CFR 214.2(t) and 9 FAM 402.6-4.

Family members — the spouse, married and unmarried sons and daughters, and parents — can receive S-7 status only if the agency names them on Form I-854. Most S applicants are already in the United States. If the person is abroad, the approved request goes to the State Department for a visa.

Numbers are very limited: 200 S-5 and 50 S-6 visas per fiscal year, and admission may not exceed 3 years. S nonimmigrants must report quarterly, may not be convicted of a crime punishable by a year or more, and must sign a waiver of the right to contest any removal action begun before they become permanent residents, other than by applying for withholding of removal.

Who qualifies

S-5 (criminal organization)

Has critical, reliable information about a criminal organization or enterprise.
Is willing to supply, or has supplied, it to a federal or state law enforcement agency.
Is essential to the success of an authorized criminal investigation or prosecution.

S-6 (terrorism)

Has critical, reliable information about a terrorist organization, enterprise or operation.
Is willing to supply, or has supplied, it to a federal law enforcement agency.
Is in danger, or has been placed in danger, because of providing it.
Is eligible for a reward under 22 U.S.C. 2708(a); determined jointly by the Secretary of State and DHS.

Duration & extensions

Period of admission	Up to 3 years (INA 214(k)(2))
Extensions	Not allowed by statute
Change of status	An S nonimmigrant cannot change to another nonimmigrant classification, except to U status (8 CFR 248.2)
Conditions	Quarterly reporting, no conviction punishable by 1+ year, and a signed waiver of the right to contest removal (except through withholding of removal)
Work	May apply for an EAD on Form I-765 under category (c)(21), with fee

Fees

Amounts from the USCIS Fee Schedule (Form G-1055, edition 10/01/26).

Fee	Amount	Who pays	Notes
Form I-854A / I-854B	$0	Law enforcement agency	Filed with the DOJ Criminal Division
Form I-765 (c)(21) work permit	$520 paper / $470 online	S nonimmigrant	General I-765 fee; 8 CFR 214.2(t)(10) says “with fee”
Form I-485 adjustment (general fee)	$1,440 paper / $1,390 online	S nonimmigrant	Filed with the approved Form I-854B; 8 CFR 245.11(d) requires the prescribed fee, and G-1055 lists no S exemption
Visa application (MRV) fee abroad	$185	Applicant at a consulate	If the person is outside the United States; State charges S applicants the $185 fee although S is petition-based

The H.R. 1 Visa Integrity Fee had not been implemented as of Oct. 1, 2026, according to the July 22, 2025 USCIS notice and Federal Register searches.

Processing time

S-5 cap: 200 / year; INA 214(k)(1)
S-6 cap: 50 / year; INA 214(k)(1)
Maximum stay: 3 years; Cannot be extended

There is no published processing time. Requests go through the requesting agency, the DOJ Criminal Division (which may refer them to an interagency advisory panel), and USCIS, which makes the final decision.

Application steps

1
Agency identifies the witness
A federal or state law enforcement agency, court or U.S. Attorney’s Office decides it needs the person’s information and presence.
2
Certification and Form I-854A
The agency completes Form I-854A with attachments on the person’s cooperation, any inadmissibility grounds and the reasons for a waiver. The U.S. Attorney endorses it. The agency also certifies that no promise of permanent stay has been made.
3
Justice Department review
The Assistant Attorney General, Criminal Division, reviews the request, may consult an interagency advisory panel to prioritize cases, and forwards qualifying requests that fit within the cap.
4
USCIS decision
USCIS decides and may waive inadmissibility grounds on the Criminal Division’s certification. For S-6, the State Department decides jointly.
5
Admission
The agency coordinates the date, place and manner of admission or change to S status. People abroad receive an S visa from the State Department.
6
Green card request
If the information substantially contributed to success, the agency may file Form I-854B to request that the person and their S-7 family members be allowed to adjust status.

Required documents

Prepared by the law enforcement agency

Form I-854A with headquarters-level or highest state-level certification and U.S. Attorney endorsement
Attachments describing the cooperation, the need for the person’s presence, and all known grounds of inadmissibility
A statement signed by the person (and adult family members) acknowledging the limits of S classification
A list of every family member to be included as S-7

Dependents & family

S-7 status is available to the spouse, married and unmarried sons and daughters, and parents of an S-5 or S-6, but only if the agency names them on Form I-854. They are subject to the same period of admission, limits and conditions as the principal, under 8 CFR 214.2(t)(3).

Path to a green card

Under INA 245(j) and 8 CFR 245.11, only the agency that requested S status can ask, on Form I-854B, for the person to be allowed to adjust status.

Step 1

S-5

The information must have substantially contributed to the success of an authorized criminal investigation or prosecution.

Step 2

S-6

The information must have substantially contributed to preventing or frustrating terrorism, or to a related investigation or prosecution, and the person must have received a State Department reward.

Step 3

File Form I-485

After USCIS approves the I-854B request, the person files Form I-485 with the approval. S-7 family members named on the request can adjust as well.

The adjustment application may be filed at any time, but it can be approved only when an employment-based fourth-preference (EB-4) immigrant visa number is available, under 8 CFR 245.11(f). People described in INA 212(a)(3)(E) (participants in Nazi persecution, genocide, torture or extrajudicial killing) cannot adjust.

U-1

Victim of qualifying crime

The individual files; requires a law enforcement certification.

T-1

Victim of human trafficking

Victim-initiated status with cooperation requirements.

TPS

Temporary Protected Status

Country-based humanitarian status.

EB-4

Special immigrants

Green card category for several special groups.

Common questions

Can a person apply for an S visa themselves?

No. Only a federal or state law enforcement agency, including a court or U.S. Attorney’s Office, can request S classification by filing Form I-854A with the Justice Department.

How long can an S nonimmigrant stay?

Up to 3 years. The statute does not allow extensions, and S nonimmigrants cannot change to another nonimmigrant category except U status.

Does S status lead to a green card?

It can. The requesting agency may file Form I-854B if the person’s information substantially contributed to an investigation or prosecution (S-5), or to preventing terrorism with a reward paid (S-6). Approval is discretionary.

Can family members come too?

Yes. A spouse, married or unmarried sons and daughters, and parents can receive S-7 status, but only if the agency names them on Form I-854.

Official sources

Recent changes

Jun 5, 2026
Proposed limits on discretionary work permits. DHS proposed criminal-history and biometrics requirements that would apply generally to discretionary (c)-category work permits, which include the (c)(21) EAD for S nonimmigrants. Comments closed Aug. 4, 2026; this is a proposal, not a final rule. Source ↗
Dec 16, 2025
Proclamation 10998 entry restrictions. Restricts entry of nationals of listed countries. The Attorney General may make case-by-case exceptions where travel advances a critical Justice Department interest, including for witnesses in criminal proceedings. Source ↗

This page is general reference material compiled from the official sources above and is not legal advice. Eligibility depends on individual facts; rules and fees change, so confirm with the agency before you file. VisaTypes.com is not affiliated with USCIS, the Department of State or any government agency. Spotted an error? Tell us.