U Visa Qualifying Crimes and the Police Certification (Form I-918 Supplement B): What Counts and How to Ask

A U visa starts with two questions: Was the crime one of the qualifying crimes, or substantially similar to one, and will a certifying official sign Form I-918 Supplement B? Without a completed Supplement B, the instructions say, the petitioner is “ineligible for U nonimmigrant status,” and the agency decides whether to sign. A signature carries significant weight with USCIS, but it is not approval.
For the full list of U visa requirements, see our evidence guide for U, T, VAWA and SIJS cases. This page covers the crime and the certification.
Is the crime on the list?
The statute, 8 U.S.C. § 1101(a)(15)(U)(iii), lists: rape; torture; trafficking; incest; domestic violence; sexual assault; abusive sexual contact; prostitution; sexual exploitation; stalking; female genital mutilation; being held hostage; peonage; involuntary servitude; slave trade; kidnapping; abduction; unlawful criminal restraint; false imprisonment; blackmail; extortion; manslaughter; murder; felonious assault; witness tampering; obstruction of justice; perjury; and fraud in foreign labor contracting. It also covers an attempt, conspiracy or solicitation to commit any of them, and “any similar activity” under federal, state or local criminal law. The crime must also have occurred in the United States (including Indian country, military installations and U.S. territories) or violated U.S. law; a crime committed abroad must violate a federal statute that reaches conduct outside the country, which the instructions ask the official to cite.
Two details trip people up:
- The crime’s name in the police report may not match the list. “Any similar activity” means an offense whose “nature and elements” are substantially similar to a listed crime. The Supplement B instructions let the certifying official check the similar crime and explain the similarity. In our view, bring the statute you were a victim under, not just the label.
- The regulation’s list is older than the statute. The list in 8 C.F.R. § 214.14(a)(9) omits stalking and fraud in foreign labor contracting, which the statute now includes and the current Supplement B form lists.
Are you the victim the law means?
A victim generally is someone who suffered “direct and proximate harm” from the qualifying crime. The regulation adds limited cases. A spouse, unmarried children under 21 and, if the direct victim was under 21, parents and unmarried siblings under 18 (USCIS considers the victim’s age when the crime occurred) can qualify when the direct victim was killed by murder or manslaughter or is incompetent or incapacitated. A person harmed by witness tampering, obstruction of justice or perjury can qualify only if the perpetrator acted, at least in principal part, to avoid justice for other crimes or to further abuse or control of the victim through the legal system. Someone culpable for the crime is not a victim.
Who can sign Supplement B
Under 8 C.F.R. § 214.14(a)(2)–(3), the certifying agency is a federal, state or local law enforcement agency, prosecutor, judge or other authority responsible for investigating or prosecuting the crime; the Supplement B instructions add tribal law enforcement agencies. That includes child protective services, the EEOC and the Department of Labor. The official must be the agency head, a supervisor the head has specifically designated or a judge. If someone other than the head signs, the instructions require the written designation to be attached.
“Investigation or prosecution” includes the detection or investigation of the crime, not only prosecution, conviction or sentencing. In our reading, a case that was reported and investigated but never charged can still support a certification, if the agency agrees to sign.
How to ask for the certification
- Find the agency’s U visa contact. Ask the police department, prosecutor’s office or court which official signs and how requests are submitted.
- Give the official what Parts 2 and 3 ask for. The form asks for the agency’s case number, the crimes, the dates (or one date for a crime over time, or each incident), the statutory citations, a description of the crime and your involvement, and copies of reports and any injury findings. Bring the report number, case number, dates and your record of contacts with investigators.
- Describe your help. Part 4 asks whether you have information and how you were, are or are likely to be helpful. Helpfulness is ongoing: A victim who refuses reasonable requests after starting to cooperate does not meet it.
After it is signed: the six-month clock and its limits
- File within six months. Supplement B must be signed within the six months immediately preceding the filing of Form I-918. If that window passes, a new certification is needed.
- Keep the original. The instructions say USCIS will not accept a photocopied signature page.
- It can be withdrawn. The official may withdraw or disavow it at any time if the victim unreasonably refuses to assist.
- It is not the whole case. The instructions say USCIS gives a properly executed Supplement B “significant weight” but will not treat it as conclusive. You still need evidence of substantial physical or mental abuse, a personal statement and an admissibility showing or waiver. A complete Supplement B is also required for the bona fide determination work permit; our bona fide determination guide explains those notices.
As of Nov. 11, 2026, USCIS’s form page lists the 01/20/25 edition of Supplement B and says it may still be used despite the printed expiration date. Check the page before filing.
Call (949) 343-9735 or email office@mishrax.com.
Sources
- 8 U.S.C. § 1101(a)(15)(U) and § 1184(p)(1)
- 8 C.F.R. § 214.14 (eCFR, current as of Nov. 9, 2026)
- Form I-918, Supplement B and Instructions (edition 01/20/25)
- USCIS, Form I-918 page (reviewed Nov. 10, 2026)