TABLE OF CHANGES – INSTRUCTIONS
Form I-918, Instructions for Supplement B, U Nonimmigrant Status Certification
OMB Number: 1615-0104
09/06/2024
Reason for Revision: REV Project Phase: OMBReview
Legend for Proposed Text:
Expires 02/28/2026 Edition Date 04/01/2024 |
Current Page Number and Section |
Current Text |
Proposed Text |
Page 1, What Is the Purpose of Supplement B? |
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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.
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What Is the Purpose of Form I-918, Supplement B?
U.S. Citizenship and Immigration Services (USCIS) requires Form I-918 Supplement B as evidence that the petitioner submitting Form I-918, Petition for U Nonimmigrant Status, is a victim of a qualifying criminal activity and was, is, or is likely to be helpful in the detection, investigation, prosecution of that activity, or in the conviction or sentencing of the perpetrator. You, as a Federal, State, local, tribal, or territorial certifying agency official, use Form I-918, Supplement B, U Nonimmigrant Status Certification, to provide information to USCIS on these factors. Form I-918, Supplement B is one of several pieces of evidence that USCIS requires a victim to submit when applying for U nonimmigrant status (also known as the “U visa”) to demonstrate their eligibility. USCIS will use the information you provide on this form as part of our determination of whether the petitioner meets the eligibility requirements for U nonimmigrant status.
By signing Form I-918, Supplement B, you are not granting an immigration benefit. The decision whether to complete Form I-918, Supplement B is at the discretion of the certifying agency. USCIS will review the entire file, including the Form I-918, Supplement B you signed and any other evidence you provided. USCIS also evaluates the victim’s criminal history, but it does not automatically render a victim ineligible. USCIS is the only agency that can approve the petitioner’s Form I-918. USCIS may contact you if we have any questions about the information provided in Form I-918, Supplement B. For more information, refer to the U Visa Law Enforcement Resource Guide: www.dhs.gov/sites/default/files/2022-05/U-Visa-Law-Enforcement-Resource-Guide-2022_1.pdf.
NOTE: If your certifying agency assigns a specific identifier to each Form I-918, Supplement B for record keeping and tracking purposes, please include this information in the dedicated area at the top of the form and marked “For Certifying Agency Use Only (Certification Tracking Information).”
Who is Eligible for U Nonimmigrant Status?
To be eligible for U nonimmigrant status, the petitioner must be a victim of qualifying criminal activity. The term “victim” may include direct victims or indirect victims, as defined below.
Direct Victim
The person against whom the qualifying criminal activity was perpetrated and who has suffered direct and proximate harm as a result of the commission of qualifying criminal activity.
Bystanders who suffer an unusually direct injury as a result of a qualifying criminal activity may also qualify.
Indirect Victim
For a family member to be eligible for U nonimmigrant status as an indirect victim, all the following requirements must be met:
1. The individual must have a qualifying family relationship to the direct victim:
A. If the direct victim is 21 years of age or older at the time of the qualifying criminal activity, their spouse and unmarried children under 21 years of age may apply as an indirect victim.
B. If the direct victim is under 21 years of age at the time of the qualifying criminal activity, their spouse, unmarried children under 21 years of age, parents, and unmarried siblings under 18 years of age may apply as an indirect victim.
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2. The direct victim is unable to assist the certifying agency because they are: A. Deceased due to murder or manslaughter, or B. Incompetent or incapacitated, including due to injury, trauma, or age.
3. The indirect victim must meet all other eligibility requirements for the U visa.
You may sign Form I-918, Supplement B for a noncitizen family member regardless of whether the direct victim is a U.S. citizen or a noncitizen (such as a noncitizen parent of a U.S. citizen child who is the direct victim).
NOTE: USCIS considers the age of the direct victim at the time the criminal activity occurred when considering whether a qualifying family member may apply for U nonimmigrant status as an indirect victim.
An individual is not eligible for U nonimmigrant status if they are culpable for the qualifying criminal activity being investigated or prosecuted. If you decide to complete a Form I-918, Supplement B for a victim, but you suspect the individual is or may be culpable of the activity being investigated or prosecuted, you may note your concerns about culpability on the form in Part 10. Additional Information.
NOTE: Victims of domestic violence may be accused of committing domestic violence themselves by their abusers as part of the abuser’s attempts to assert power and control over the victim. If available, please submit any relevant evidence that demonstrates the victim's abuser fabricated these allegations or use Part 10. Additional Information. USCIS will determine if the victim is eligible for U nonimmigrant status.
Who Should Complete and Sign the Form I-918, Supplement B?
The Form I-918, Supplement B should be completed by a certifying official and not by the petitioner or their legal representative. If the Form I-918, Supplement B is not included with the petitioner’s Form I-918, USCIS will reject or deny the petition.
A certifying agency can include agencies that are a Federal, state, or local, tribal, or territorial law enforcement agency, prosecutor, judge, or other authority, that has responsibility for the investigation or prosecution of the qualifying criminal activity as defined in 8 CFR 214.14(a)(5), which includes the detection, investigation, prosecution, conviction, or sentencing of a qualifying criminal activity, including, but not limited to, the Department of Homeland Security, child protective services, the Equal Employment Opportunity Commission, and the Department of Labor.
A certifying official is:
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 Form I-918, Supplement B on behalf of that agency; or
2. A Federal, state, local, tribal, or territorial judge. Federal, state, local, tribal, or territorial judges have direct authority to sign and may not delegate that authority.
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Pages 1-2, Who May File Supplement B? |
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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.
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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.
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Instructions for Certifying Officials For more information about the U visa and certification requirements refer to the U Visa Law Enforcement Resource Guide: www.dhs.gov/sites/default/files/2022-05/U-Visa-Law-Enforcement-Resource-Guide-2022_1.pdf
When Should I Use Form I-918, Supplement B?
If you, the certifying official, determine that the victim (also referred to as the “petitioner”) was, is, or is likely to be helpful in your agency’s detection, investigation, or prosecution of the qualifying criminal activity of which the petitioner was a victim, you may complete Form I-918, Supplement B. The petitioner must submit the properly signed Form I-918, Supplement B to USCIS with their Form I-918.
NOTE: USCIS verifies proper signing authority by certifying officials and maintains records of the heads of certifying agencies and their designated certifying officials. Certifying agencies should notify USCIS when it adds or removes certifying officials by either attaching or emailing a copy of a signed letter from the head of the agency to [email protected]
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Page 2, General Instructions |
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General Instructions
How To Complete 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) (if any) 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 (for example, if you have never been married and the question asks, “Provide the name of your current spouse”), type or print “N/A” unless otherwise directed. If your answer to a question which requires a numeric response is zero or none (for example, “How many children do you have” or “How many times have you departed the United States”), type or print “None” unless otherwise directed.
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.
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General Instructions
How To Complete Form I-918, Supplement B
1. Type or print legibly in black ink.
2. If you need extra space to complete any item within the Form I-918, Supplement B, use the space provided in Part 10. Additional Information or attach a separate sheet of paper. Type or print your agency’s name, the victim’s name, and the Alien Registration Number (A-Number) (if known) 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. 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” unless otherwise directed.
USCIS must receive Form I-918 and all required initial evidence, including the properly completed Form I-918, Supplement B within 6 months of the date that the certifying official signed Form I-918, Supplement B. If USCIS receives the Form I-918 more than six months after the Form I-918, Supplement B was signed, the Form I-918, Supplement B has expired and will not be accepted.
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Best Practices for Preparing Form I-918, Supplement B USCIS suggests the following best practices for submission of Form I-918, Supplement B, if possible. First, make two copies of the original completed and signed Form I-918, Supplement B and any supporting documents. Keep one copy for your records. Give the other copy to the petitioner. Second, if possible, prepare the original completed and signed Form I-918, Supplement B for submission to USCIS by the petitioner: 1. Place the Form I-918, Supplement B and any supporting documentation into an envelope; 2. Seal the envelope; 3. On the front, write in capital letters: “DO NOT OPEN. FOR USCIS USE ONLY;” 4. On the back, write your initials across the seal where the flap meets the envelope; 5. Seal the entire flap with clear tape. Make sure the tape covers your initials as well as the flap; and 6. Give the sealed envelope to the petitioner for submission with their Form I-918.
USCIS’ fraud detection units investigate cases where there is suspicion of fraud and work with other Federal, State, and local law enforcement agencies where fraud is suspected. If USCIS suspects fraud in a Form I-918 or Form I-918 Supplement B, USCIS may reach out to the certifying agency and request further information. Furthermore, USCIS may contact certifying agencies to confirm the accuracy and source of the information submitted to USCIS on Form I-918 Supplement B.
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Pages 2-5, Specific Instructions |
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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) (if any). 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.
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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:
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.
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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.
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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.
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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.
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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.
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.
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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.
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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 (if any) 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.
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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
Include the victim’s name, date of birth, and A-Number (if any) 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. Type or print your agency’s name, the petitioner’s name, and A-Number (if any) 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.
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Specific Instructions
The Form I-918, Supplement B is divided into Parts 1. - 10. The following information should help you fill out the Form I-918, Supplement B.
Part 1. General Information About the Victim
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Item Number 1. Victim’s Full Legal Name. Provide the name of the individual for whom you are certifying this Form I-918, Supplement B. If you are certifying for a bystander or an eligible family member as an indirect victim, include their name and date of birth here, then note the direct victim’s name, date of birth, and the indirect victim’s relationship to the direct victim (if any), and other information in Part 10. Additional Information. Do not provide the victim’s nickname here.
Item Number 2. Other Names Used. Provide other names used by the victim, including their maiden name, nicknames, and aliases, if applicable.
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Item Number 5. Gender. Indicate how the victim identifies.
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Part 3. Case Information
Item Number 1. Case Status. Select the one option that best indicates the current status of the case related to the qualifying criminal activity you selected in Part 4.
1. Active/Ongoing Investigation refers to a case that your agency has not closed.
2. Closed Investigation refers to a case that your agency is no longer actively working on because it no longer requires further review or action.
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Part 4. Qualifying Criminal Activity Perpetrated Against the Victim
NOTE: USCIS, and not certifying agencies, determines whether the crime is a qualifying criminal activity for eligibility for U nonimmigrant status. To make this determination, USCIS considers information and other documentation provided by a certifying agency, such as police reports, charging documents, etc. (if available) regarding the qualifying criminal activity that occurred and the statutory violation that the agency detected, investigated, or prosecuted. USCIS determines whether the crime is substantially similar to a qualifying criminal activity based on the totality of the evidence.
Item Number 1. List the statutory citation(s) and date(s) of all qualifying criminal activity being (or that was) detected, investigated, or prosecuted. If the qualifying criminal activity occurred over a period of time, provide a date on which at least one act constituting an element of the qualifying criminal activity occurred, and note the date range in Part 10. Additional Information.
Item Number 2. Provide specific details regarding the qualifying criminal activity being detected, investigated, and/or prosecuted, including the events leading up to the qualifying criminal activity, what happened during the qualifying criminal activity, and the perpetrator’s actions and motives (if known). When possible, attach copies of all relevant reports and findings.
Item Number 4. There are a wide variety of criminal statutes in which a qualifying criminal activity may be named differently than the categories found on the statutory list of qualifying criminal activities for the U visa, but the nature and elements of those activities must be substantially similar to one or more of those on the statutory list. If the qualifying criminal activity listed at Part 4., Item Number 1. is similar to one or more of the above selected categories listed in Part 4., Item Number 3. and Immigration and Nationality Act (INA) section 101(a)(15)(U)(iii) (for example, felonious assault), list and provide a detailed explanation of the qualifying criminal activities that are being (or were) detected, investigated, or prosecuted by your agency.
NOTE: To determine whether the crime is substantially similar to a qualifying criminal activity, USCIS considers information and other documentation provided by the certifying agency and the petitioner, such as police reports, charging documents, etc. (if available) regarding the criminal activity detected, investigated, or prosecuted. USCIS determines whether the criminal activity is substantially similar to a qualifying criminal activity based on the totality of the evidence.
Item Numbers 6. - 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. The petitioner must be a victim of a qualifying criminal activity that violated U.S. law or occurred within the United States to be eligible for U nonimmigrant status. Indicate whether you have attached any related reports or findings to this Form I-918, Supplement B.
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 U.S. 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.
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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.
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Part 5. Known or Documented Injury to the Victim
Provide a description of any known or documented injury to the victim. If available, attach copies of all relevant reports and findings due to the qualifying criminal activity listed in Part 4.
Part 6. Helpfulness of the Victim
Item Number 1. Indicate whether the victim possesses information about the qualifying criminal activity. A petitioner must possess information about the qualifying criminal activity of which they are a victim, unless the victim is under 16 years of age, incapacitated, or incompetent. The parent, guardian, or next friend of the petitioner may provide evidence on behalf of the victim to be helpful in the detection, investigation, or prosecution of the qualifying criminal activity. A petitioner, parent, guardian, or next friend is considered to possess information concerning the qualifying criminal activity if they have knowledge that would assist in the investigation or prosecution of the qualifying criminal activity.
Item Number 2. Indicate whether the victim has been, is being, or is likely to be helpful in the detection, investigation, or prosecution of the qualifying criminal activity.
What is helpful depends on the facts of each case, including the:
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NOTE: You initially determine whether a victim has been helpful. The victim may also submit additional supporting evidence of their helpfulness to USCIS. USCIS will give a properly executed Form I-918 Supplement B significant weight, but USCIS will not consider it conclusive evidence that the victim has met the eligibility requirements. USCIS will look at the totality of the circumstances surrounding the victim’s involvement with your agency and all other information known to USCIS in determining whether the victim is eligible for U nonimmigrant status.
NOTE: A victim seeking U nonimmigrant status must provide ongoing assistance with the investigation or prosecution related to the qualifying criminal activity they were a victim of when reasonably requested, including after reporting qualifying criminal activity and after the certifying agency signs the Form I-918, Supplement B. This responsibility continues even if U nonimmigrant status is granted. A victim who unreasonably refuses requests for assistance will not be eligible for lawful permanent residence based on U nonimmigrant status.
Item Number 3. Indicate if the victim has refused or failed to provide assistance reasonably requested since the initiation of cooperation. Initiation of cooperation refers to when the victim first began assisting your agency, or another certifying agency, with the detection, investigation, or prosecution of the qualifying criminal activity.
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Part 7. Victim’s Family Members Culpable in the Qualifying Criminal Activity
Item Numbers 1. - 6. If any of the victim’s family members are culpable or are believed to be culpable in the qualifying criminal activity listed in Part 4., provide their name, their relationship to the victim, and their involvement in the qualifying criminal activity listed in Part 4.
NOTE: USCIS will not grant U nonimmigrant status to a family member who committed a qualifying criminal activity listed in Part 4.
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Part 8. Supplemental Information Item Number 1. If you would like to share any additional information you think is relevant to this Form I-918, Supplement B and provide specific details. Attach all relevant documentation and records.
NOTE: You are not required to share any information that may compromise an ongoing investigation. Information you provide on Form I-918, Supplement B may be disclosed to the victim. Please identify for USCIS if any portion of the information you provide that cannot be disclosed to the victim.
Part 9. Certification
Item Numbers 1. - 5. In the certification, you are attesting to the following:
Read the certification block carefully, provide an original signature and date Form I-918, Supplement B. USCIS will consider a photocopied, faxed, or scanned copy of the original handwritten, ink signature valid for filing purposes. The photocopy, fax, or scan must be of the original Form I-918, Supplement B containing the handwritten, ink signature. A stamped or typewritten name in place of a handwritten, ink signature is not considered valid for filing purposes. Provide your daytime telephone number, email address, and a fax number (if any).
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You may contact USCIS with additional information regarding this Form I-918, Supplement B at any time. Additionally, at your discretion, you may request to withdraw or disavow a Form I-918, Supplement B. For example, if a victim unreasonably refuses to assist in the investigation or prosecution of the qualifying criminal activity, or if you have information that calls into question or contradicts information initially included in the Form I-918, Supplement B. You may submit this request at any time, even after the victim submits this Form I-918, Supplement B by emailing [email protected].
NOTE: Submitting this request does not result in an automatic denial or revocation of a petition for U nonimmigrant status. USCIS will provide the petitioner with notice and an opportunity to respond to derogatory information upon which a denial or revocation may be based. Please identify for USCIS if there is any information in your request to withdraw or disavow a Form I-918, Supplement B, that cannot be disclosed to the petitioner.
Prohibition on Disclosure of Information. Information concerning U nonimmigrant status petitioners and their qualifying family members is protected under 8 U.S.C. 1367 and 8 CFR 214.14(e) from unauthorized disclosure to anyone other than an officer or employee of the Department of Homeland Security (DHS), the Department of Justice (DOJ), or the Department of State (DOS) who has a need to know. The disclosure of any information relating to a protected individual beyond DHS, DOJ, or DOS to anyone other than that individual or their authorized representative is prohibited except in certain limited circumstances as provided by law.
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Page 5, DHS Privacy Notice |
[Page 5]
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 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.
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[Page 8]
DHS Privacy Notice
AUTHORITIES: The information requested on this Form I-918, Supplement B, and the associated evidence, is collected under the Immigration and Nationality Act, 8 U.S.C. sections 1101(a)(15)(U), 1184(p), 1182(d)(14), 8 CFR 214.14, and 8 CFR 212.17.
PURPOSE: The primary purpose for providing the requested information on this Form I-918, Supplement B is to determine if the petitioner has established eligibility for the temporary immigration benefit for which they are filing. DHS will use 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, and any requested evidence, may delay a final decision in the case or result in denial of the petition.
ROUTINE USES: DHS may share the information you provide on this Form I-918, Supplement B 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-007 - Benefits Information System and DHS/USCIS-001 - Alien File, Index, and National File Tracking System of Records] and published privacy impact assessment [DHS/USCIS/PIA-016(a) 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.
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Page 6, Paperwork Reduction Act |
[Page 6]
Paperwork Reduction Act
USCIS may not conduct or sponsor an information collection, and you are not required to respond to a collection of information, unless it displays a current valid Office of Management and Budget (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, preparing statements, 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, Office of Policy and Strategy, Regulatory Coordination Division, 5900 Capital Gateway Drive, Mail Stop #2140, Camp Springs, MD 20588-0009; OMB No. 1615-0104. Do not mail your completed Supplement B to this address.
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[Page 9]
Paperwork Reduction Act
USCIS may not conduct or sponsor an information collection, and you are not required to respond to a collection of information, unless it displays a currently valid Office of Management and Budget (OMB) control number. The public reporting burden for certifying agencies for this collection of information is estimated at 1.42 hours per response, including the time for reviewing instructions, gathering the required documentation and information, completing the supplement, preparing statements, attaching necessary documentation, and submitting the supplement. Send comments regarding these burden estimates or any other aspect of this collection of information, including suggestions for reducing these burdens, to: U.S. Citizenship and Immigration Services, Office of Policy and Strategy, Regulatory Coordination Division, 5900 Capital Gateway Drive, Mail Stop #2140, Camp Springs, MD 20588-0009; OMB No. 1615-0104. Do not mail your completed Form I-918, Supplement B, to this address.
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| File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
| Author | Lauver, James L |
| File Modified | 0000-00-00 |
| File Created | 2024-10-07 |