Approved for two years only due to partial GPEA compliance.
table that charts list comparision
Inventory as of this Action
Requested
Previously Approved
02/28/2019
36 Months From Approved
02/28/2017
114,816
0
68,569
236,835
0
119,833
165,780
0
0
This petition permits victims of certain qualifying criminal activity and their immediate family members to apply for temporary nonimmigrant classification. This nonimmigrant classification provides temporary immigration benefits, potentially leading to permanent resident status, to certain victims of criminal activity who: suffered substantial mental or physical abuse as a result of having been a victim of criminal activity; have information regarding the criminal activity; and assist government officials in investigating and prosecuting such criminal activity.
The burden has increased as more individuals have filed and continue to file requests for U nonimmigrant status with USCIS. Several changes were made to the Form I-918, Supplements A and B, and corresponding instructions. On the Form I-918 and Instructions, changes were made clarifying that we require an original signature, clarifying the process for receipt of an Employment Authorization Document for petitioners and qualifying family members, adding a provision for a safe foreign mailing address, and including the entire definition of ânext friendâ that appears in the regulations. In response to public comments, we also modified the form language so that a petitioner or qualifying family member who is in proceedings has clear instructions on how to complete this portion of the I-918 Form (and Supplement A). We also added two qualifying crimes that now appear in INA 101(a)(15)(U)(iii) following passage of VAWA 2013, which are Fraud in Foreign Labor Contracting and Stalking. We also removed questions on the Form I-918 and Supplement A regarding the public assistance ground of inadmissibility, which no longer applies to U petitioners. Although regulatory provisions have not been implemented since the passage of VAWA 2013, these changes are clear from the statutory language and we do not believe that further regulatory language is required.
Changes were also made to the Form I-918, Supplement B and Instructions. This form is completed by the certifying official and contains information about the petitioner, including the qualifying criminal activity of which the petitioner was a victim, the information that the petitioner possesses, and the victimâs helpfulness. This form is a required part of the U visa petition. On our own initiative, we modified language that has been confusing to adjudicators and to certifying officials, including the phrasing of questions regarding the petitionerâs helpfulness, to make the form clearer. We also clarified language about culpable family members to be more consistent with the regulations. In addition, we changed the language that enables certifying officials to provide additional information about the petitioner to make it clear that USCIS would like for certifying officials to provide any additional information that they would like to provide, rather than just information related to the helpfulness requirement. We also removed the âOtherâ box that appears on the checklist of qualifying criminal activity, as this box has been a regular source of confusion for certifying officials. The qualifying criminal activity that establishes U visa eligibility should correspond to one of the statutory crimes on the list, even if the qualifying criminal activity claimed is a similar crime and not the same crime that is listed on the form. In response to public comments, we made additional changes. We clarified that investigation and prosecution refers to the detection, investigation, prosecution, conviction, or sentencing of the qualifying criminal activity, as set forth in the regulations. We also clarified that USCIS will accept Supplement B forms completed in blue or black ink. Finally, we clarified that the certifying official should only provide information regarding the victimâs failure to assist law enforcement when the request was reasonable.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Form I-918 A Petition for Qualifying Family Member of U-1 Recipient
Public comments Summary Form I-918- 30 Day- 4.14.2016.docx
1615-0104_I-918 30-Day Supporting Statement 01 29 16.doc
I-918 30-day FRN 01 29 16.pdf
Biometrics