Can U Visa Holders Work?

Yes. If you have been granted a U visa you can get a four-year work permit once your U visa has been granted.

Who can get a U visa?

The U visa is a nonimmigrant visa for victims of certain crimes. It is meant to protect undocumented people who suffered mental or physical abuse from a qualifying criminal activity.

To be eligible for a U visa you must show that:

1. You are the victim of qualifying criminal activity.

2. You have suffered substantial physical or mental abuse as a result of having been a victim of criminal activity.

3. You have information about the criminal activity. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may possess the information about the crime on your behalf (see glossary for definition of ‘next friend’).

4. You were helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may assist law enforcement on your behalf.

5. The crime occurred in the United States or violated U.S. laws.

6. You are admissible to the United States. If you are not admissible, you may apply for a waiver on a Form I-192, Application for Advance Permission to Enter as a Nonimmigrant.

Can you get an immigration work permit before the U visa is approved?

Yes! As of June 14, 2021, USCIS has announced that individuals who show that their petitions are approvable or “bona fide” will receive a 4 year work permit.

Can you be deported if you apply for a U visa?

Maybe. Anyone planning to apply for a U visa should consult an attorney. However, as of June 14, 2021, individuals that apply for a U visa and get a “bona fide determination” from USCIS, will be placed on deferred action for a period of 4 years, meaning that ICE will not seek to deport them for that time.

If you were the victim of a crime in the United States and are curious about a U visa, contact our office for more information!