The U visa was created by the Victims of Trafficking and Violence Protection Act of 2000 to protect certain noncitizen crime victims who assist or are willing to assist in the investigation or prosecution of a criminal offense. A U visa grants the victim permission to live and work in the United States and may result in the dismissal of any case in immigration court filed against the noncitizen.

Noncitizens with pending and granted U visa applications are eligible to receive a work permit. Applicants who apply for U visas from within the United States automatically receive work authorization when the application is approved. Family members included in the victim’s application are eligible to apply for a work permit if they are otherwise eligible to work.

To qualify for a U visa, a noncitizen:

Must have suffered “substantial physical or mental abuse” as a result of being the victim of certain criminal activity. The criminal activity must have violated the laws of the United States or occurred in the United States or one of its territories or possessions;
Must possess information concerning the criminal activity;
Must be helpful, have been helpful, or likely to be helpful to a federal, state, or local investigation or prosecution of the criminal activity.
Must obtain a certification from a law-enforcement official, prosecutor, judge, Department of Homeland Security (DHS), or other federal or state authorities investigating or prosecuting the criminal activity; and
Must be admissible under immigration law or must qualify for a waiver of inadmissibility.

A U visa is valid for up to four years. It may be extended if the certifying law-enforcement agency confirms that the U-visa holder is required to remain in the United States to assist the investigation or prosecution.

After three years of continuous presence in the United States, a U-visa holder is eligible to apply for LPR status if he or she meets certain requirements; has not refused to provide assistance in the criminal investigation or prosecution; and can prove that remaining in the country is connected to humanitarian need, will promote family unity, or is in the public interest. There is no numerical limit on the number of U-visa holders who may adjust to LPR status per year.