3/5/2008

The U.S. Citizenship and Immigration Services (USCIS) published an Interim Rule on September 17, 2007 pertaining to new "U" visas for certain victims of crimes who assist government officials in investigating or prosecuting criminal activity. The general public is invited to comment on the rule that establishes procedures for applicants seeking U nonimmigrant status. The rule is scheduled to take effect on October 17, 2007.

Congress created the "U" classification as part of the Victims of Trafficking and Violence Protection Act. This visa category offers not only protection and temporary benefits to foreign nationals who are victims of crimes, but also bolsters law enforcement capabilities to investigate and prosecute criminal activity. 

In the past, many immigrant crime victims were hesitant to come forward, particularly when they did not have legal status. The "U" category is designed to encourage one with knowledge of a crime (that is in violation of U.S. law or has occurred in the U.S.) to come forward and assist with the investigation process, thereby obtaining some immigration benefits for their help and cooperation.

A foreign national who holds a U visa may come to the U.S. for up to four years on the temporary U visa / status and may be accompanied by family members (spouse, children, unmarried siblings under 18, and parents). These individuals will be provided automatic employment authorization. The total number of visas for primary applicants is 10,000 per year.