NonimmigrantHumanitarianAnnual capNo filing feeForm I-918Path to green card

U-1 Victim of Qualifying Criminal Activity

Temporary status for victims of certain crimes who suffered substantial abuse and help law enforcement investigate or prosecute the crime.

Last reviewed Oct 1, 2026Sources: USCISReport an error

At a glance

Who files: The victim (petitioner), on Form I-918
Required certification: Form I-918 Supplement B signed by a certifying official
Annual cap: 10,000 principal (U-1) grants per fiscal year
Period of status: Up to 4 years, extendable in limited cases
USCIS filing fee: $0 — fee exempt through adjustment of status
Green card: Possible after 3 years of continuous physical presence in U status

Long wait for a cap number. USCIS reports it met the 10,000 cap for fiscal year 2025 on Sept. 9, 2025 and has reached the cap every year since fiscal year 2010. It said that when fiscal year 2026 began on Oct. 1, 2025, it would resume final approvals starting with petitions filed on or before April 30, 2017. Most petitioners in the United States first receive a bona fide determination or a waiting-list decision, which can bring deferred action and a work permit while they wait. Since May 8, 2026 (Policy Alert PA-2026-01), USCIS describes deferred action as an extraordinary, case-by-case exercise of discretion.

Overview

U nonimmigrant status (often called the U visa) was created by Congress in October 2000 in the Victims of Trafficking and Violence Protection Act. It is for victims of listed crimes — such as domestic violence, sexual assault, trafficking, kidnapping, extortion, stalking and witness tampering — who suffered substantial physical or mental abuse and have been, are, or are likely to be helpful to law enforcement in the investigation or prosecution. Source: USCIS: Victims of Criminal Activity: U Nonimmigrant Status.

The victim files Form I-918 with USCIS, together with a certification (Supplement B) from a federal, state or local law enforcement official, prosecutor, judge or other authority. Petitions can be filed from inside or outside the United States. Certain family members can receive derivative U-2 to U-5 status, and only principal (U-1) grants count against the 10,000-per-year statutory cap.

Because demand far exceeds the cap, petitions move through stages: a bona fide determination (BFD) review, placement on a waiting list if not handled at the BFD stage, and final approval when a cap number is available. U status lasts up to four years and can lead to a green card under INA 245(m).

Who qualifies

The petitioner must show all of the following

Was the victim of qualifying criminal activity that occurred in the United States (including territories) or violated U.S. law.
Suffered substantial physical or mental abuse as a result.
Has information about the crime (a parent, guardian or next friend may provide it if the victim is under 16 or incapacitated).
Was, is, or is likely to be helpful to law enforcement in the investigation or prosecution, shown by a signed Form I-918 Supplement B.
Is admissible to the United States, or obtains a waiver on Form I-192 (no fee for U petitioners).

Qualifying crimes listed by USCIS include

Abduction, kidnapping, hostage, false imprisonment, unlawful criminal restraint
Domestic violence, felonious assault, stalking, torture, manslaughter, murder
Rape, sexual assault, abusive sexual contact, sexual exploitation, incest, prostitution, female genital mutilation
Trafficking, involuntary servitude, peonage, slave trade, fraud in foreign labor contracting
Blackmail, extortion, obstruction of justice, perjury, witness tampering — plus attempt, conspiracy or solicitation and substantially similar crimes

Duration & extensions

Period of U status	Up to 4 years (INA 214(p)(6))
Extensions	Only if law enforcement certifies presence is needed, for exceptional circumstances, for consular delays, or automatically while a green card application under INA 245(m) is pending
Work authorization	U-1 principals are employment authorized incident to status; USCIS issues the EAD automatically on approval
While waiting	Bona fide determination EAD and deferred action, generally valid for 4 years, at USCIS’s discretion
Green card eligibility	After 3 years of continuous physical presence in U status

Fees

USCIS states that U petitioners and U nonimmigrants are fee exempt for all forms through adjustment of status. Amounts below are from the USCIS Fee Schedule (Form G-1055, edition 10/01/26).

Fee	Amount	Who pays	Notes
Form I-918 (and Supplements A and B)	$0	Petitioner	No filing fee
Form I-192 inadmissibility waiver	$0	Petitioner	Fee is $0 for U petitioners and derivatives; $1,100 for other filers
Form I-765 (a)(19), (a)(20) or (c)(14) work permit	$0	Petitioner / family member	Initial and renewal
Form I-929 (family member who never held U status)	$0	U-1 principal	Filed with or after the green card application
Form I-485 under INA 245(m)	$0	U nonimmigrant	Adjustment of status
Visa application (MRV) fee abroad	$185	Family member applying at a consulate	9 FAM 402.6-6(G) requires U visa applicants to pay the MRV fee and any reciprocity fee

The H.R. 1 (Public Law 119-21) Visa Integrity Fee had not been implemented as of Oct. 1, 2026: USCIS’s July 22, 2025 notice said it “requires cross-agency coordination” and will be implemented in a future publication, and no implementing notice was found in the Federal Register.

Processing time

Annual cap: 10,000; Principal U-1 grants per fiscal year; derivatives are not counted
Cap status: Reached every year since FY 2010; FY 2025 cap met Sept. 9, 2025, per USCIS
BFD EAD validity: 4 years; Deferred action and EAD issued on a favorable bona fide determination

There is no fixed processing time. Petitions are reviewed in filing-date order. Times for the bona fide determination, waiting list and final decision vary; check USCIS processing times for Form I-918.

Application steps

1
Obtain law enforcement certification
Ask the investigating or prosecuting agency, court or other certifying authority to sign Form I-918 Supplement B. It must be submitted within 6 months of the certifier’s signature.
2
Prepare the petition
Complete Form I-918 with a personal statement describing the victimization and evidence for each requirement. Add Form I-192 if any ground of inadmissibility applies, and Form I-765 to be considered for a bona fide determination work permit.
3
Add family members
File Form I-918 Supplement A for each qualifying family member, with the petition or later.
4
Bona fide determination
After biometrics, USCIS checks whether the petition is complete and bona fide and whether discretion is warranted. If so, it grants deferred action and an EAD; if not, it moves to a full waiting-list adjudication. Non-issuance of a BFD EAD is not a denial and cannot be appealed.
5
Waiting list
Petitioners found eligible but for the cap are placed on the waiting list under 8 CFR 214.14(d)(2) and receive deferred action or parole; they may request work authorization.
6
Final approval
When a cap number is available, USCIS approves the petition in filing-date order and grants U-1 status (up to 4 years) with an EAD. Petitioners abroad then apply for a U visa at a U.S. consulate.

Required documents

From the petitioner

Form I-918 and a signed personal statement
Form I-918 Supplement B signed within the previous 6 months
Evidence of substantial physical or mental abuse (medical, counseling or police records, affidavits)
Proof of identity and nationality; Form I-192 if inadmissible
Form I-765 (optional, to be considered for a BFD work permit) and Form I-918 Supplement A for each family member

For family members

Proof of the qualifying relationship (marriage or birth certificates)
Identity documents and, if inadmissible, a separate Form I-192

Dependents & family

Family members are not counted against the cap. A principal who is under 21 may petition for a spouse (U-2), children (U-3), parents (U-4) and unmarried siblings under 18 (U-5); a principal who is 21 or older may petition for a spouse and children. Each family member needs Form I-918 Supplement A, filed with the principal’s petition or later, per USCIS.

A family member’s Supplement A is judged separately: it is not bona fide just because the principal’s petition is. Derivatives in the United States are employment authorized once status is granted but must file Form I-765 to get a card ($0). A family member who never held U status may still get a green card through INA 245(m)(3) if the U-1 files Form I-929 and shows extreme hardship.

Path to a green card

A U nonimmigrant may apply for a green card on Form I-485 under INA 245(m) if they meet the requirements. There is no USCIS fee for this application.

Step 1

Meet the presence requirement

Have at least 3 years of continuous physical presence since admission in U status. A single absence over 90 days, or absences totalling more than 180 days, breaks it unless the absence was to help law enforcement or was certified as justified.

Step 2

Keep cooperating

Not have unreasonably refused to help law enforcement since receiving U status.

Step 3

Show humanitarian or public-interest grounds

USCIS must find that continued presence is justified on humanitarian grounds, for family unity, or in the public interest.

Step 4

File Form I-485

File during U status. U status is automatically extended while the I-485 is pending. Family members can file their own I-485, or the principal can file Form I-929 for relatives who never held U status.

Green cards under INA 245(m) are not subject to the annual U cap.

T-1

Victim of human trafficking

Separate status for trafficking victims, cap 5,000 a year.

S-5 / S-6

Witness or informant

Requested by law enforcement for critical witnesses, not by the individual.

TPS

Temporary Protected Status

Country-based protection for nationals already in the United States.

EB-4

Special immigrants

Green card category that includes several humanitarian groups.

Common questions

Does it cost anything to file for a U visa?

No USCIS fees apply. According to USCIS, U petitioners and U nonimmigrants are fee exempt for all forms through adjustment of status, including Forms I-918, I-192, I-765 and I-485. Family members applying for a visa at a consulate abroad pay the State Department’s visa application (MRV) fee.

Can a U petitioner work while waiting?

Possibly. If USCIS finds the petition bona fide and decides to exercise discretion favorably, it grants deferred action and an EAD valid for 4 years. Petitioners placed on the waiting list also receive deferred action or parole and can request work authorization. Both decisions are discretionary.

What if the police refuse to sign Supplement B?

A signed Form I-918 Supplement B is required initial evidence, and USCIS cannot grant U status without it. Certifying officials decide for themselves whether to sign.

Does a U petition stop removal?

Filing alone does not. Deferred action granted through a bona fide determination or the waiting list is temporary, and USCIS can terminate it. Under 8 CFR 214.14, a petitioner with a final removal order may still file, and ICE may consider a stay of removal.

Why does approval take so long?

The law allows only 10,000 principal approvals per fiscal year, and USCIS has reached that cap every year since FY 2010. Final approvals move in filing-date order.

Official sources

Recent changes

Aug 24, 2026
Court orders USCIS to adjudicate held cases. In Red Eagle Law v. Edlow (N.D. Cal.), the court ordered USCIS to process applications from nationals of the 39 countries covered by its hold memos (PM-602-0192 and PM-602-0194) in the normal course. USCIS said it will comply pending possible further review. Source ↗
Jun 5, 2026
Hold policies vacated. The U.S. District Court for Rhode Island vacated PM-602-0192, PM-602-0194 and PA-2025-26 (Dorcas International Institute of Rhode Island v. USCIS); final judgment was entered June 11, 2026. USCIS treats the policies as not in effect. Source ↗
Jun 5, 2026
Proposed limits on discretionary work permits. DHS proposed new discretionary factors, including criminal history, for (c)-category EADs, which it says would apply to bona fide and waitlisted U petitioners. Comments closed Aug. 4, 2026; this is a proposal, not a final rule. Source ↗
May 8, 2026
Deferred action reframed as extraordinary discretion. Policy Alert PA-2026-01 moved deferred action guidance to a new Volume 1, Part I of the Policy Manual. It lists U waiting-list placement as a regulatory basis for deferred action but says every request is reviewed case by case, and that people with a pending U petition may be subject to removal depending on their circumstances. Source ↗
Sep 9, 2025
FY 2025 U-1 cap reached. USCIS reached the 10,000 cap for FY 2025 and said FY 2026 approvals would start with petitions filed on or before April 30, 2017. Source ↗
Feb 4, 2025
Streamlined bona fide review suspended. USCIS says it used data analysis from late 2023 to early 2025 to send some Form I-918 petitions through a streamlined bona fide determination, and suspended that streamlined process as of Feb. 4, 2025. Standard bona fide determination review continues. 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.