U Visa Certification Program

Wage and Hour DivisionU.S. Department of Labor

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U Visa Basics

Wage and Hour U Visa certification process and protocols

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Overview

Overview of U-Visas

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Allows victims of certain crimes (QCAs) to remain in the U.S. if they are willing to assist with the detection, investigation, or prosecution of those crimes

Helps law enforcement agencies enforce the law and better serve crime victims

U Visa application must include certification from a law enforcement agency◦ DHS regulations identify WHD as a certifying law enforcement

agency USCIS can grant up to 10,000 U Visas each year

authorizing the holder to remain in the United States for up to four years

Approved or denied by USCIS

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About the U Visa

For Workers Grants petitioner non-

immigrant status Allows petitioner to

remain in the U.S. for up to 4 years

Receive work authorization (if application is granted)

For Government Assists the

government in investigating and prosecuting crimes

Promotes the prevention of criminal activities

Encourages victims to come forward about criminal activities

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Benefits

USCIS requirements◦ Victim of a QCA◦ Physical or mental abuse

as a result of a QCA◦ Possess information about

that QCA◦ Must be helpful or is likely

to be helpful in the investigation of that QCA

◦ QCA is a violation of U.S. law or occurred in the U.S.

◦ Personal statement

WHD requirements◦ Allegation of one of the

5 QCAs for which WHD will consider certification

◦ The alleged QCA arises in the context of a work environment or an employment relationship

◦ There is a related, credible allegation of a violation of a law WHD enforces

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Eligibility

DOL is a U Visa certifying law enforcement agency

The Secretary delegated her authority to certify U Visas to WHD

WHD does not have authority to grant or deny U Visas

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WHD’s Role

Trafficking Involuntary Servitude Peonage Witness Tampering Obstruction of Justice

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Qualifying Criminal Activities Considered by WHD

Involuntary Servitude Peonage Human trafficking

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Trafficking Crimes

Labor trafficking involves the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services through the use of force, fraud, or coercion, for the purpose of subjecting the individual to labor prohibited by federal anti-trafficking/compelled labor laws (such as involuntary servitude, forced labor, or peonage)

Sex trafficking involves a commercial sex act that is induced by force, fraud, or coercion, or in which the person induced to perform the act is under 18

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Trafficking

Compelling a person to work by the use of force, the threat of force, or the use of or threat of legal coercion such as arrest, deportation, or imprisonment.

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Involuntary Servitude

Involuntary servitude that is compelled in part by indebtedness.

Federal law prohibits holding or returning any person to a condition of peonage.

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Peonage

Using or attempting to use physical force, threats, harassment, intimidation, improper persuasion, or misleading conduct in order to influence, delay, or prevent someone from providing testimony or information in an official proceeding

An “official proceeding” can include a DOL investigation as well as administrative hearings.

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Witness Tampering

The obstruction of proceedings before federal courts, agencies, and committees, as well as the destruction, alteration, or falsification of records in federal investigations

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Obstruction of Justice

WHD ProtocolsRole of U-Visa Coordinator

Role of SOLRole of District Office

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Process Overview Certification requests originate

◦ During or after DOL workplace investigation

◦ U-Visa petitioner contacts DOL with allegation of a violation of a law that DOL enforces and a related QCA

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U Visa Coordinators•WHD delegated authority to its

Regional Administrators• Each Regional Administrator is

supported by one U Visa Coordinator

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Regardless of how or when the U Visa request is received by WHD, all requests go to the U Visa coordinator (UVC)

UVC manages all aspects of the U Visa request

UVC remains in communication with DO regarding status of U Visa request and any investigation of related WHD violation

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U Visa Coordinator

UVC makes preliminary determination whether to recommend certification based on:◦ Interview with petitioner◦ Any supplemental information provided by

petitioner or advocate on behalf of petitioner◦ Any information, if available, detected by WHD

during course of related WHD investigation

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First Steps

Petitioner interview:

◦ In most cases, the UVC will need to interview the petitioner

◦ Interview is necessary to determine whether legal requirements for certification are met

First Steps (cont.)

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UVC must consider whether the following required elements are met:◦ The QCA arises in the context of an employment

relationship or work environment and there is a related, credible allegation of a violation of a law that DOL enforces;

◦ The petitioner has alleged that he or she is a victim of one of the 5 QCAs: involuntary servitude, peonage, trafficking, obstruction of justice, or witness tampering;

◦ The petitioner has demonstrated that he or she has been, is being, or is likely to be cooperative with law enforcement officials in any investigation or prosecution of the QCA.

Requirements

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The following factors should also be weighed: ◦ Another law enforcement agency is already

engaged in the investigation or prosecution of the QCA or would be in a better position to certify the Supplement B form based on the facts presented; and

◦ Certification of the Supplement B form would assist the Department’s investigation of a violation of a law that it enforces.

Additional Factors

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WHD will refer the QCA to the appropriate law enforcement agency◦ Ensure that the safety of the petitioner, the

petitioner’s family, and any other possible victims are taken into account

Contact advocacy and social services organizations as feasible and appropriate

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Other Initial Actions

If “no”, WHD will notify petitioner immediately of determination◦ Provide information to petitioner about other certifying

agencies

If “yes”, WHD will take next steps towards certification◦ Draft narrative statement that will provide required

information for the I-918 Supplement B form◦ Provide narrative statement to the Solicitor’s Office for

their advice on whether to recommend certification

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Preliminary determination

How the case came to DOL’s attention, and the current status of the WH complaint.

A summary of the information provided by the petitioner during the interview and any supplemental information provided.

An assessment of the helpfulness of the petitioner in detecting the QCA and investigating the workplace violation claim, as well as an assessment as to whether the individual is likely to be helpful in any future investigation or prosecution of the QCA.

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Narrative Statement: Content

Whether the QCA has been or will be referred to the appropriate law enforcement agency.

Information about any known injury to the petitioner, and whether any of the petitioner’s family members are believed to have been involved in the QCA.

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Narrative Statement: Content (cont.)

Reviews the case narrative and advises the UVC as to whether the legal requirements are met

Conducts the necessary legal research concerning the related QCAs

If final determination is to certify, completes the Supplement B form

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Solicitor’s Office Review

After receiving advice from the Solicitor’s Office, the UVC makes a final determination about recommendation.

If no, notify petitioner immediately and provide information about other certifying agencies

If yes, provide recommendation to the Regional Administrator whether to certify Supplement B of Form I-918

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Final Determination

Has final decision-making authority on whether to certify

Final decision is discretionary

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Regional Administrator

Timely review of the petitioner’s allegations and the certification of a U Visa petition

3 months to review single U Visa certification request and make a determination as to whether or not to certify

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Timeliness and Notification of Department’s Certification Decision

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U Visa Coordinator Contact Information by WHD Regions

Questions

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