Author: Jeanelle Mehta

U – Visa is designed to protect victims of crimes who have suffered substantial mental or physical abuse and who are willing to assist authorities in the investigation and prosecution of criminal activity

In 2000, Congress passed the Victims of Trafficking and Violence Protection Act. The purpose of this legislation was twofold: (1) to provide law enforcement agencies with assistance in investigating certain crimes, and (2) to help law enforcement serve crime victims.

The U Nonimmigrant Visa stems from this legislation and is a set-aside for victims of certain crimes who have suffered substantial mental and/or physical abuse, and who assist law enforcement in their investigation of those crimes.

Qualifying for a U-Visa: Application for a U-Visa is available when an individual is the survivor of a particular crime. U-Visa eligible crimes are listed below:

• Abduction
• Abusive sexual contact
• Being held hostage
• Blackmail
• Domestic violence
• Extortion
• False Imprisonment
• Felonious Assault
• Female genital mutilation
• Fraud in foreign labor contracting
• Incest
• Involuntary servitude
• Kidnapping
• Manslaughter
• Murder
• Obstruction of justice
• Peonage
• Perjury
• Prostitution
• Rape
• Sexual Assault
• Slave Trade
• Stalking
• Torture
• Trafficking
• Unlawful Criminal Restraint
• Witness Tampering
• Attempt or conspiracy or solicitation of any of these names crimes

In addition to being a victim of at least one of the named crimes above, an applicant for a U-Visa must also have suffered severe emotional and/or physical abuse as a result of that crime and they must have supported, or will support, the police in their investigation of that crime. As with all applications to USCIS, each element of a U-Visa must be proven and supported with evidence. Examples of evidence to consider submitting in support of a U-Visa application include: police reports, physician reports, Emergency Room records, and letters from mental health professionals.

Forms to file: To apply for a U-Visa, an applicant must submit Form I-918, Petition for U-Nonimmigrant Status, and Form I-918, Supplement B, U-Nonimmigrant Status Certification. One must work with the law enforcement agency responsible for investigating the qualifying crime and obtain a signature from a certifying official on Supplement B, prior to submitting the U-Visa application to USCIS.

Applications for qualifying family members are submitted via Form I-918, Supplement A. Qualifying family members of adult U-Visa applicants who are 21 years of age or older can be their spouse and unmarried minor children. However, qualifying family members of U-Visa applicants that are 20 years of age or younger can be their spouse, parents, and minor unmarried siblings.

The current recommendation is to submit Form I-765, Application for Employment Authorization (EAD), concurrently with an application for a U-Visa. Qualifying family members may also file EAD applications with USCIS.

After adjudication and approval: Wait times for the adjudication of a U-Visa can vary considerably. However, if your application is approved, after three years of being a valid U-Visa recipient or derivative, you may file for an adjustment of status to that of a Permanent Resident (Green Card). All of the requirements for a Permanent Resident must be met in order for that application to be approved. Travel abroad during the years between U-Visa approval and the receipt of Permanent Resident status is discouraged, as returning to the U.S. can be mired with difficulty and USCIS delays that might cause one to inadvertently become ineligible for a Green Card.

If a U-Visa recipient receives a Green Card, they may apply for Citizenship after 5 years of maintaining continuous status as a valid Green Card holder.

An experienced attorney can help you determine if you are eligible to apply for U- Nonimmigrant status, and what evidence would be supportive of your application. If you believe that you are eligible for a U-Visa, please contact our immigration attorney at Khanna Law .

At Khanna Law we successfully represent immigration, naturalization, adjustment of status clients all over Northern Virginia counties, including Fairfax, Loudoun and Prince William Counties. To schedule a consultation regarding your divorce, spousal support or custody case, call us at 703-570-4232 or email us at info@khannalaw.com.

Form I-140 Applications for Immigrants with Extraordinary Ability

EB1 Applications –

8 CFR §204.5(h)(1) instructs that a noncitizen, or any person on behalf of the noncitizen, may file an I-140 visa petition for classification under INA 203(b)(1)(a) as an alien of extraordinary ability in the sciences, arts, education, business, or athletics.

Extraordinary Ability refers to a level of expertise where you are able to show that the noncitizen is one of that small percentage of people who have risen to the very top of their particular field of endeavor, and that the noncitizen has sustained national or international acclaim and that his or her achievements have been recognized in their field of expertise

To meet these requirements, one must show that:

• (i) the noncitizen has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation,
• (ii) the noncitizen seeks to enter the United States to continue work in the area of their extraordinary ability, and
• the noncitizen’s entry into, or remaining in, the United States will substantially benefit the United States prospectively.

Moreover, in order to prove extraordinary ability, the noncitizen must meet at least three of the below ten criteria, or provide evidence of a one-time achievement, as well as providing evidence that they are continuing to work:

• Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
• Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
• Evidence that your work has been displayed at artistic exhibitions or showcases
• Evidence of your performance of a leading or critical role in distinguished organizations
• Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
• Evidence of your commercial successes in the performing arts

EB 1 applications require the submission of considerable evidence to show that the above criteria are met, including periodicals, affidavits from colleagues who are able to corroborate the information submitted in the application, the noncitizen’s curriculum vitae, etc. Please feel free to schedule a consultation with our office to discuss whether this is an appropriate immigration path for you.

Employment Based Immigrant Visas for Non-U.S. Citizens with advanced degree(s), or an extraordinary ability, who qualify for National Interest Waivers

Employment based immigrant visas come in several categories. Here at Khanna Law, we have experience representing clients who seek an EB-2 visa and contemporaneous National Interest Waiver.

In order to qualify for an EB-2 visa one should consider if they are able to prove:

• That they have a degree, diploma, certificate, or similar award, that is related to their area of extraordinary ability, from an institution of higher learning,
• That they have at least 10 years of relevant employment experience
• If necessary, that they have proof of licensure as required by their profession,
• That they are able to command a salary that is indicative of their exceptional ability,
• That they have received awards and/or achievements in their field.

For some applicants for an EB-2 visa, they will have to pursue a Labor Certification, as part of their application process; but others might be able to avoid that requirement by showing that they qualify for a National Interest Waiver. In order to Qualify for a National Interest Waiver, one should consider whether they can show:

• That they have an advanced degree, or exceptional ability,
• That their work has both substantial merit and national importance,
• That they are well-positioned to advance their work,
• That it would be advantageous to the U.S. to waive the labor certification in their case.

One can apply for an EB-2, or an EB-2 National Interest Waiver, either inside our outside of the U.S. Consular Processing would be necessary for an applicant that is located outside of the U.S.

Once approved, whether the Applicant received an EB-2 visa, or an EB-2 National Interest Waiver, they will be considered to be a Lawful Permanent Resident of the United States.

If you believe that you meet the requirements for an EB-2 National Interest Waiver, and are interested in applying, please feel free to contact us and schedule a consultation so that we may discuss your options with you.