U Nonimmigrant Status Certification

Petition for U Nonimmigrant Status

I918SuppB-007-INS-FinalFeeRule-PostG1056-06092020

U Nonimmigrant Status Certification

OMB: 1615-0104

Document [pdf]
Download: pdf | pdf
Instructions for Supplement B,
U Nonimmigrant Status Certification
Department of Homeland Security
U.S. Citizenship and Immigration Services

USCIS
Form I-918

OMB No. 1615-0104
Expires 04/30/2021

What Is the Purpose of Supplement B?
You should use this supplement to certify that an individual submitting Form I-918, Petition for U Nonimmigrant Status,
is a victim of certain qualifying criminal activity and was, is, or is likely to be helpful in the investigation or prosecution
of that activity.

Draft
Not for
Production
06/09/2020

Who May File Supplement B?

If you, the certifying official, determine that this individual (also known as the petitioner and principal) was, is, or is
likely to be helpful in the investigation or prosecution of the qualifying criminal activity, you may complete Supplement
B, U Nonimmigrant Status Certification. The petitioner must submit Supplement B to U.S. Citizenship and Immigration
Services (USCIS) with his or her Form I-918.
“Investigation or prosecution” refers to the detection or investigation of a qualifying crime or criminal activity, as well as
to the prosecution, conviction, or sentencing of the perpetrator of the qualifying crime or criminal activity.
NOTE: The decision whether to complete Supplement B is at the discretion of the certifying agency. However, without
a completed Supplement B, the petitioner will be ineligible for U nonimmigrant status.
To be eligible for U nonimmigrant status, the petitioner must be a victim of qualifying criminal activity. The term
“victim” generally means an individual who has suffered direct and proximate harm as a result of the commission of
qualifying criminal activity.
USCIS will consider the petitioner’s spouse and unmarried children under 21 years of age, and the parents and unmarried
siblings under 18 years of age if the victim is under 21 years of age, as victims of qualifying criminal activity where:
1.	 The direct victim is deceased due to murder or manslaughter; or

2.	 The direct victim is incompetent or incapacitated and, therefore, unable to provide information concerning the
criminal activity or unable to be helpful in the investigation or prosecution of the criminal activity.
USCIS will consider a petitioner a victim of witness tampering, obstruction of justice, or perjury, including any attempt,
conspiracy, or solicitation to commit one or more of those offenses if:
1.	 The victim was directly and proximately harmed by the perpetrator of the witness tampering, obstruction of justice, or
perjury; and
2.	 There are reasonable grounds to conclude that the perpetrator committed the witness tampering, obstruction of justice,
or perjury offense, at least in principal part, as a means:
A.	 To avoid or frustrate efforts to investigate, arrest, prosecute, or otherwise bring to justice the perpetrator for other
criminal activity; or
B.	 To further the perpetrator’s abuse or exploitation of or undue control over the petitioner through manipulation of
the legal system.
NOTE: A person who is culpable for the qualifying criminal activity being investigated or prosecuted is excluded from
being recognized as a victim.

Form I-918 Supplement B Instructions 04/24/19

Page 1 of 6

A victim of qualifying criminal activity must provide evidence that he or she has been, is being, or is likely to be helpful
to a certifying official in the investigation or prosecution of the qualifying criminal activity as listed in Part 3. of this
supplement. In the case of a petitioner under 16 years of age or a petitioner who is incapacitated or incompetent, the
parent, guardian, or “next friend” of the petitioner may provide evidence on behalf of the petitioner to be helpful to a
certifying official’s investigation. “Next friend” is a person who appears in a lawsuit to act for the benefit of a victim
under 16 years of age or incapacitated or incompetent, who has suffered substantial physical or mental abuse as a result of
being a victim of qualifying criminal activity. The next friend is not a party to the legal proceeding and is not appointed
as a guardian. Being “helpful” means assisting law enforcement authorities in the investigation or prosecution of the
qualifying criminal activity of which he or she is a victim.
NOTE: Once you, the certifying official, have completed Supplement B, it will be valid for six months from the date of
signature. If the victim does not file Form I-918, Petition for U Nonimmigrant Status, within six months, the victim will
need to obtain a new Supplement B from the certifying agency .

Draft
Not for
Production
06/09/2020

General Instructions

How to Fill Out Supplement B
1.	 Type or print legibly in black or blue ink.

2.	 If you need extra space to complete any item within this supplement, use the space provided in Part 7. Additional
Information or attach a separate sheet of paper; type or print the agency’s name, petitioner’s name, and the Alien
Registration Number (A-Number) at the top of each sheet; indicate the Page Number, Part Number, and Item
Number to which your answer refers; and sign and date each sheet.
3.	 Answer all questions fully and accurately. If a question does not apply to you type or print “N/A,” unless otherwise
directed. If your answer to a question which requires a numeric response is zero or none, type or print “None.”
4.	 Each Supplement B must be properly signed and filed. USCIS will not accept a photocopy of the signature page of
the Supplement B or a typewritten name in place of a signature.

Specific Instructions

This supplement is divided into Parts 1. - 7. The following information should help you fill out the supplement.
Part 1. Victim Information
Item Number 1. Alien Registration Number (A-Number). This is the victim’s USCIS file number. If the victim does
not have an A-Number or you do not know it, leave this space blank.
Item Numbers 2.a. - 2.c. Full Name. Provide the victim’s full legal name. Do not provide a nickname.
Item Numbers 3.a. - 3.c. Other Names Used. Provide other names used by the victim, including his or her maiden
name, nicknames, and aliases, if applicable.
Item Number 4. Date of Birth (mm/dd/yyyy). Provide his or her date of birth (Example, May 1, 1979, should be written
05/01/1979).
Item Number 5. Gender. Select the appropriate box.

Form I-918 Supplement B Instructions 04/24/19

Page 2 of 6

Part 2. Agency Information
Item Number 1. Name of Certifying Agency. The certifying agency must be a Federal, state, local, or tribal law
enforcement agency; prosecutor; authority; or Federal, state, or local judge that has responsibility for the detection,
investigation, prosecution, conviction, or sentencing of the qualifying criminal activity of which the petitioner was a
victim.
This includes traditional law enforcement branches with the criminal justice system and other agencies that have criminal
investigative jurisdiction in their respective areas of expertise, including, but not limited to, Child Protective Services, the
Equal Employment Opportunity Commission, and the Department of Labor.
Item Number 2.a. - 2.c. Name of Certifying Official.
A certifying official is:

Draft
Not for
Production
06/09/2020

1.	 The head of the certifying agency or any person in a supervisory role, who was specifically designated by the head of
the certifying agency to issue a U Nonimmigrant Status Certification on behalf of that agency; or
2.	 A Federal, state, or local judge.

If the certification is not signed by the head of the certifying agency, attach evidence of the agency head’s written
designation of the certifying official for this specific purpose.
Item Numbers 3. - 10. Provide the requested information regarding agency officials, the agency’s address, agency type,
case status, certifying agency category, case number, and FBI Number or SID Number.
Part 3. Criminal Acts

Item Numbers 1. – 3. Select all of the crimes of which the petitioner is a victim that your agency is investigating,
prosecuting, or sentencing and provide the dates of the criminal activity. If the criminal activity occurred over a period of
time, provide a date on which at least one act constituting an element of qualifying criminal activity occurred. If multiple
incidents occurred, provide the date of each incident investigated or prosecuted. List the statutory citations for the crimes
in the space provided. If the crimes of which the petitioner is a victim are not listed, select the crimes that are similar
to those crimes. You may provide a written explanation regarding how the crime of which the petitioner is a victim is
similar to the listed crimes. Similar activity refers to criminal offenses in which the nature and elements of the offenses
are substantially similar to the list of criminal activity at section 101(a)(15)(U)(iii) of the Immigration and Nationality Act
(INA) and found on the certification form itself.
Item Numbers 4.a. - 7. Indicate whether the qualifying criminal activity violated the laws of the United States or
occurred within the United States (including in Indian country and military installations) or the territories and possessions
of the United States. Qualifying criminal activity of which the petitioner is a victim had to violate United States law or
occur within the United States.
1.	 United States means the continental United States, Alaska, Hawaii, Puerto Rico, Guam, the Commonwealth of
Northern Mariana Islands (CNMI), and the U.S. Virgin Islands.
2.	 Indian country refers to all land within the limits of any Indian reservation under the jurisdiction of the United States
Government, notwithstanding the issuance of any patent, and including rights-of-way running through the reservation;
all dependent Indian communities within the borders of the United States whether within the original or subsequently
acquired territory thereof, and whether within or without the limits of a state; and all Indian allotments, the Indian
titles to which have not been extinguished, including rights-of-way running through such allotments.
3.	 Military installation means any facility, base, camp, post, encampment, station, yard, center, port, aircraft, vehicle, or
vessel under the jurisdiction of the Department of Defense, including any leased facility, or any other location under
military control.

Form I-918 Supplement B Instructions 04/24/19

Page 3 of 6

4.	 Territories and possessions of the United States means American Samoa, Swains Island, Bajo Nuevo (the Petrel
Islands), Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Atoll, Navassa Island,
Palmyra Atoll, Serranilla Bank, and Wake Atoll.
If the qualifying criminal activity did not occur within the United States as discussed above, but was in violation of U.S.
law, it must violate a Federal extraterritorial jurisdiction statute. There is no requirement that a prosecution actually occur.
Provide the statutory citation for the extraterritorial jurisdiction.
Part 4. Helpfulness of the Victim
Item Number 1. Indicate whether the victim possesses information about the crimes. A petitioner must possess
information about the qualifying criminal activity of which he or she is a victim. A petitioner is considered to possess
information concerning qualifying criminal activity of which he or she is a victim if he or she has knowledge of details
concerning criminal activity that would assist in the investigation or prosecution of the criminal activity. Victims with
information about a crime of which they are not a victim will not be considered to possess information concerning
qualifying criminal activities.

Draft
Not for
Production
06/09/2020

When the victim is under 16 years of age, incapacitated, or incompetent, he or she is not required to personally possess
information regarding the qualifying criminal activity. The parent, guardian, or next friend of the petitioner may provide
that information.
Item Number 2. Provide an explanation of the victim’s helpfulness to the investigation or prosecution of the criminal
activity. A victim must provide evidence to USCIS that he or she was, is, or is likely to be helpful to a certifying official
in the investigation or prosecution of the qualifying criminal activity. In the case of a victim under 16 years of age or a
victim who is incapacitated or incompetent, the parent, guardian, or next friend of the victim may provide evidence on
behalf of the victim to be helpful to a certifying official’s investigation.
Being “helpful” means assisting law enforcement authorities in the investigation or prosecution of the qualifying
criminal activity of which he or she is a victim. Petitioner victims who, after initiating cooperation, refuse to provide
continuing assistance when reasonably requested, will not meet the helpfulness requirement. The victim has an ongoing
responsibility to be helpful, assuming there is an ongoing need for the victim’s assistance.
You, the certifying official, will make the initial determination as to the helpfulness of the petitioner. USCIS will give a
properly executed Supplement B significant weight, but USCIS will not consider it conclusory evidence that the victim
has met the eligibility requirements. USCIS will look at the totality of the circumstances surrounding the petitioner’s
involvement with your agency and all other information known to USCIS in determining whether the petitioner meets the
elements of eligibility.
Item Number 3. Indicate if the victim has refused or failed to provide assistance reasonably requested since the initiation
of cooperation. Explain in the space provided. If you need extra space, use the space provided in Part 7. Additional
Information; type or print the agency’s name, petitioner’s name, and the A-Number at the top of each sheet; indicate the
Page Number, Part Number, and Item Number to which your answer refers; and sign and date each sheet.
Item Number 4. Include any additional information you would like to provide.
Part 5. Family Members Culpable In Criminal Activity
Item Numbers 1. - 4.e. List whether any of the victim’s family members are culpable or are believed to be culpable in
the criminal activity of which the petitioner is a victim, their relationship to the victim, and their culpability in the criminal
activity. USCIS will not grant U nonimmigrant status to a qualifying family member who committed the qualifying
criminal activities that established the victim’s eligibility for U nonimmigrant status, in a family violence or trafficking
context.

Form I-918 Supplement B Instructions 04/24/19

Page 4 of 6

Part 6. Certification
Item Numbers 1. - 4. Read the certification block carefully, and sign and date the supplement. Provide your daytime
telephone number and a fax number (if any).
NOTE: At your discretion, you may withdraw or disavow a Form I-918, Supplement B at any time, even after this
supplement is submitted to USCIS, if a victim unreasonably refuses to assist in the investigation or prosecution of the
qualifying criminal activity. To do so, you must notify USCIS by sending a written statement to:
USCIS - Vermont Service Center
75 Lower Welden Street
St. Albans, VT 05479-0001

Draft
Not for
Production
06/09/2020

Include the victim’s name, date of birth, and A-Number on all correspondence.
Part 7. Additional Information

Item Numbers 1. - 6.d. If you need extra space to provide any additional information within this supplement, use the
space provided in Part 7. Additional Information. If you need more space than what is provided in Part 7., you may
make copies of Part 7. to complete and file with your supplement, or attach a separate sheet of paper. Include your
agency’s name, the petitioner’s name, and A-Number at the top of each sheet; indicate the Page Number, Part Number,
and Item Number to which your answer refers; and sign and date each sheet.

DHS Privacy Notice

AUTHORITIES: The information requested on this supplement, and the associated evidence, is collected under the
Immigration and Nationality Act, sections 101(a)(15)(U) and Public Law 106-386, section 1513(c).
PURPOSE: The primary purpose for providing the requested information on this supplement is to certify that an
individual submitting a Form I-918, Petition for U Nonimmigrant Status, is a victim of certain qualifying criminal activity
and has been, is being, or is likely to be helpful in the investigation or prosecution of that activity. The Department of
Homeland Security (DHS) uses the information you provide to grant or deny the immigration benefit the petitioner is
seeking.
DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information,
including your Social Security number (if applicable), and any requested evidence, may delay a final decision or result in
a rejection or denial of the Form I-918 petition.
ROUTINE USES: DHS may, where allowable under relevant confidentiality provisions, share the information you
provide on this supplement and any additional requested evidence with other Federal, state, local, and foreign government
agencies and authorized organizations. DHS follows approved routine uses described in the associated published
system of records notices [DHS/USCIS-001 - Alien File, Index, and National File Tracking System, DHS/USCIS-007 Benefits Information System, and DHS/USCIS-018 Immigration Biometric and Background Check] and the published
privacy impact assessment [DHS/USCIS/PIA-016a Computer Linked Application Information Management system and
Associated Systems] which you can find at www.dhs.gov/privacy. DHS may also share the information, as appropriate,
for law enforcement purposes or in the interest of national security.

Form I-918 Supplement B Instructions 04/24/19

Page 5 of 6

Paperwork Reduction Act
An agency may not conduct or sponsor an information collection, and a person is not required to respond to a collection
of information, unless it displays a current valid OMB control number. The public reporting burden for Supplement B
is estimated at 1 hour per response, including the time for reviewing instructions, gathering the required documentation
and information, completing the supplement, attaching necessary documentation, and submitting the supplement. Send
comments regarding this burden estimate or any other aspect of this collection of information, including suggestions
for reducing this burden, to: U.S. Citizenship and Immigration Services, Regulatory Coordination Division, Office of
Policy and Strategy, 20 Massachusetts Ave NW, Washington, DC 20529-2140; OMB No. 1615-0104. Do not mail your
completed Supplement B to this address.

Draft
Not for
Production
06/09/2020

Form I-918 Supplement B Instructions 04/24/19

Page 6 of 6


File Typeapplication/pdf
File TitleStyle Sheet Instructions
AuthorFMB
File Modified2020-06-09
File Created2020-06-09

© 2024 OMB.report | Privacy Policy