Questions

  1. What are U Visas?
  2. What are T visas?
  3. What authority does the Department of Labor have to complete Supplement B for U and T visa certifications?
  4. Which agencies within the Department of Labor have the authority to complete U and T visa certifications?
  5. Who should I contact in the Wage and Hour Division to initiate a request for a U and/or T visa certification?
  6. Where does the authority to certify U and T visas rest within the Wage and Hour Division?
  7. What should a petitioner and/or their representative expect when requesting certification of a Supplement B form for a U or T visa from the Wage and Hour Division?
  8. What should a petitioner expect if their request is denied by the Wage and Hour Division?
  9. Is the Wage and Hour Division obligated to complete every request for a U or T visa Certification?
  10. How long does the Wage and Hour Division expect the certification process to take?
  11. Does the Wage and Hour Division regularly review its processes and procedures?

U Visa Certification

  1. What is Form I-918, Supplement B, U visa certification?
  2. What factors does the Wage and Hour Division consider in response to a request for completion of a U visa certification?
  3. Which U visa qualifying criminal activities does the Wage and Hour Division consider for certification?
  4. Why has the Wage and Hour Division identified certain qualifying criminal activities for certification of U visas?
  5. Does the Wage and Hour Division issue U or T visa certifications based upon qualifying criminal activities or trafficking that are unrelated to an investigation of a civil law under Wage and Hour Division jurisdiction?
  6. Will the Wage and Hour Division refer underlying qualifying criminal activities or trafficking for prosecution?

T Visa Certification

  1. What is a Form I-914, Supplement B, T visa Certification?
  2. What are “Severe Forms of Trafficking in Persons” for purposes of a T visa?
  3. What factors does the Wage and Hour Division consider in response to a request for completion of a T visa certification?
  4. Does the Wage and Hour Division’s completion of a U or T visa certification result in the issuance of a visa?

Answers

1. Q. What are U Visas?

U nonimmigrant visas (“U visas”) were created by the Victims of Trafficking and Violence Prevention Act of 2000 (Public Law 106-386). Victims of qualifying criminal activities who have suffered substantial physical or mental abuse may apply for a U visa if they are willing to assist law enforcement or other government officials in the investigation or prosecution of those crimes. Individuals who receive U visas may remain in the United States for up to four years and may eventually apply for permanent residency. Among other requirements, a U visa petitioner must ask a federal law enforcement agency or official to complete a certification form asserting that the U visa petitioner “has been helpful, is being helpful, or is likely to be helpful” in the investigation or prosecution of the criminal activity. The Department of Homeland Security, U.S. Citizenship and Immigration Services has the sole jurisdiction to decide whether the applicant meets these requirements and whether to grants or deny a U visa application. For information about the U and T visas please visit http://www.uscis.gov/humanitarian/victims-human-trafficking-other-crimes.


2. Q. What are T visas?

Like the U nonimmigrant visa, the T nonimmigrant visa (“T visa”) was also established by the Victims of Trafficking and Violence Protection Act of 2000. Victims of “severe forms of trafficking in persons” who are physically present in the United States on account of such trafficking, comply with any reasonable request for assistance in the Federal, State, or local investigation or prosecution of acts of trafficking; and demonstrate that they would suffer extreme hardship involving unusual and severe harm upon removal may qualify for a T visa. Individuals who receive T visas may remain in the United States for up to four years and may eventually apply for permanent residency. The Department of Homeland Security’s U.S. Citizenship and Immigration Services has the sole jurisdiction to decide whether the applicant meets these requirements and whether to grant or deny a T visa application. For information about the T and U visas please visit http://www.uscis.gov/humanitarian/victims-human-trafficking-other-crimes.


3. Q. What authority does the Department of Labor have to complete Supplement B for U and T visa certifications?

Department of Homeland Security regulations (8 C.F.R. § 214.14(a)(2) and 8 C.F.R. 214.11(a)) expressly list certain federal law enforcement agencies that may certify U and T visa applications, including the Department of Labor. In doing so, the Department of Homeland Security recognized that Department of Labor investigators may detect evidence of qualifying criminal activity or trafficking during the course of investigating violations of workplace laws. The Department of Labor’s authority to complete U visa certifications (Form I-918, Supplement B) and T visa certifications (I-914, Supplement B) is based on its role as a law enforcement agency that has detected these crimes.


4. Q. Which agencies within the Department of Labor have the authority to complete U and T visa certifications?

The authority to complete U and T visa certifications has been delegated to the Wage and Hour Division (WHD) and the Occupational Safety and Health Administration (OSHA). For more information on OSHA’s U and T visa certification process, visit https://www.whistleblowers.gov/ut_visa#intro


5. Q. Who should I contact in the Wage and Hour Division to initiate a request for a U and/or T visa certification?

Requests for U and T visa certifications should be made to your local WHD regional office. Our Regional Coordinators for Workplace Crimes (RCWC) are available to answer any questions on how to submit your request and what you can expect during the review and processing of your request.


6. Q. Where does the authority to certify U and T visas rest within the Wage and Hour Division?

The certification process for U and T visas has been delegated to the WHD’s Regional Administrators located in five cities around the country. These senior agency officials have the resources and training needed to make the ultimate decisions about certification. Each official will be assisted by the Regional Coordinator for Workplace Crimes (RCWC), who has additional training to ensure that requests for certification will be handled efficiently and effectively. WHD officials will work closely with the Regional Solicitor of Labor offices in the consideration of certification. The final authority to complete U and T visa certifications is delegated to the Regional Administrator.


7. Q. What should a petitioner and/or their representative expect when requesting certification of a Supplement B form for a U or T visa from the Wage and Hour Division?

All requests for completion of a U or T visa certification should be directed to the Regional Workplace Crimes Coordinators (RCWC). In most cases the RCWC will interview the petitioner regarding their allegations to determine whether or not the request meets the requisite factors identified to consider certification. Any underlying complaint of violations of any of the laws the WHD enforces will be addressed according to the WHD’s standard complaint policy.

Should the RCWC determine that the request is related to an ongoing WHD investigation, the RCWC will notify the appropriate WHD district office and investigator. Where appropriate, the RCWC will work with colleagues in the Regional Solicitor of Labor’s office in consideration of the request. The WHD recognizes the importance of expeditious processing and timely responses and intends to notify the petitioner and/or their representative of its decision in writing as soon as possible.

The petitioner and/or their representative will be responsible for completing the remainder of the U or T visa petition and submitting required information to the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS). Should the WHD determine a certification is appropriate, it will complete only one portion of the application, the Form I-914 (T visa) or Form I-918 (U visa), Supplement B certification. Once the U or T visa certification is complete, it is returned to the petitioner, who is responsible for submitting it to USCIS as part of the entire U or T visa petition package. The petitioner must demonstrate to USCIS that they meet all eligibility requirements for a U or T visa. For information on USCIS’ process for determining eligibility for a U or T visa, visit http://www.uscis.gov/humanitarian/victims-human-trafficking-other-crimes. Some victims may be eligible for T and U visas, depending on their circumstances. Victims and their representatives have the discretion to request the preferred certification from the WHD.

In some instances, it is possible that a WHD Investigator will detect a qualifying criminal activity or trafficking during the course of an investigation. Should this occur, the WHD Investigator will provide information about the detection to the appropriate RCWC who may refer the underlying qualifying criminal activity (QCA) or trafficking to appropriate law enforcement agencies in accordance with its normal protocols for referral of criminal laws not enforced by WHD.


8. Q. What should a petitioner expect if their request is denied by the Wage and Hour Division?

If a decision is made not to certify the Form I-918, Supplement B or the Form I-914, Supplement B, the petitioner or their representative will be informed of the decision in writing as soon as possible, along with information as to other law enforcement agencies that may be able to certify the petition.


9. Q. Is the Wage and Hour Division obligated to complete every request for a U or T visa Certification?

No. The U visa certification requires the WHD to attest that the petitioner is a victim of certain qualifying criminal activity, and is, has been, or is likely to be helpful in the investigation or prosecution of that activity. The T visa certification process requires the WHD to attest that the petitioner is or has been a victim of a severe form of trafficking in persons and has complied with any reasonable request from a law enforcement agency for assistance in the investigation or prosecution of the trafficking.

The WHD has established protocols that it will follow when considering a request to complete a U or T visa certification. Completion of a U or T visa certification is entirely discretionary.


10. Q. How long does the Wage and Hour Division expect the certification process to take?

The WHD recognizes the importance of expeditious processing and timely responses. The WHD anticipates that it will take three months to review a single U or T visa certification request and make a determination as to whether or not to complete the certification. This timeframe will vary, however, depending upon the complexity of the case and the overall volume of U and T visa certification requests the WHD regional representatives are handling at any one time. This estimated timeline may be adjusted based on the WHD’s experience reviewing certification requests under the procedures outlined. The WHD intends to notify the petitioner and/or their representative of its decision in writing as soon as possible.


11. Q. Does the Wage and Hour Division regularly review its processes and procedures?

The WHD regularly evaluates its protocols for effectiveness and efficiency. Revisions may be made as deemed necessary.

 

U Visa Certification

12. Q. What is Form I-918, Supplement B, U visa certification?

U. S. Citizenship and Immigration Services Form I-918, Supplement B (or “U visa certification”) is the specific form that a petitioner asks the WHD to complete and sign as part of their petition for a U visa. The U visa certification does not provide individuals with a U visa; rather, the certification form is a required element in a U visa petitioner’s petition to U.S. Citizenship and Immigration Services. In completing the U visa certification, the agency must certify that the individual submitting the Form I-918 is a victim of a certain qualifying criminal activity and is, has been, or is likely to be helpful in the investigation or prosecution of that activity.


13. Q. What factors does the Wage and Hour Division consider in response to a request for completion of a U visa certification?

The primary factors that WHD considers include whether: 1) the qualifying criminal activity arises in the context of an employment relationship or work environment and there is a related, credible allegation of a violation of a law the WHD enforces; 2) the petitioner alleges the qualifying criminal activity of involuntary servitude, peonage, trafficking, obstruction of justice, witness tampering, fraud in foreign labor contracting, extortion, and/or forced labor; 3) the petitioner has demonstrated that they have been, currently are, or are likely to be helpful to law enforcement officials in any investigation or prosecution of the qualifying criminal activity; 4) another law enforcement agency is already engaged in the investigation of the qualifying criminal activity or would be in a better position to certify based on the facts presented; and 5) completion of the U visa certification would assist the WHD’s investigation of a violation of a law that it enforces.


14. Q. Which U visa qualifying criminal activities does the Wage and Hour Division consider for certification?

The WHD considers completing U visa certifications (Form I-918, Supplement B) for the following eight crimes: involuntary servitude, peonage, trafficking, obstruction of justice, witness tampering, fraud in foreign labor contracting, extortion, and forced labor.


15. Q. Why has the Wage and Hour Division identified certain qualifying criminal activities for certification of U visas?

The WHD considers completing U visa certifications for the qualifying criminal activities it is most likely to uncover in its investigations.


16. Q. Does the Wage and Hour Division issue U or T visa certifications based upon qualifying criminal activities or trafficking that are unrelated to an investigation of a civil law under Wage and Hour Division jurisdiction?

No. The WHD only issue U or T visa certifications when the alleged qualifying criminal activity or trafficking arises in the context of a work environment or an employment relationship and there is a related, credible allegation of a violation of a law that the WHD enforces.


17. Q. Will the Wage and Hour Division refer underlying qualifying criminal activities or trafficking for prosecution?

Yes. The WHD will refer the underlying qualifying criminal activity or trafficking to appropriate law enforcement agencies in accordance with its normal referral procedure. The WHD places paramount importance on the safety of a petitioner, their family, and other individuals who have been harmed or who may be at risk. The timing and proper recipient of each referral will be made on a case-by-case basis. Proper confidentiality procedures will be followed in any referral.

 

T Visa Certification

18. Q. What is a Form I-914, Supplement B, T visa Certification?

U.S. Citizenship and Immigration Services Form I-914, Supplement B (or “T visa certification”) is the specific form that a petitioner asks the WHD to complete and sign as a part of their petition for a T visa. The T visa certification does not provide individuals with a T visa; rather, the certification form is a suggested element in a T visa petitioner’s petition to U.S. Citizenship and Immigration Services. In completing the T visa certification, the agency must certify that the individual submitting the Form I-194 is or has been a victim of a severe form of human trafficking and has complied with any reasonable request from law enforcement for assistance in the investigation or prosecution of the trafficking.


19. Q. What are “Severe Forms of Trafficking in Persons” for purposes of a T visa?

“Severe forms of trafficking in persons” also known as human trafficking is defined as “the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purposes of subjection to involuntary servitude, peonage, debt bondage, or slavery” or “sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age.” This definition encompasses trafficking crimes that the WHD considers as eligible qualifying criminal activities for U visa purposes. Requests for law enforcement certification of trafficking in persons should specify whether the certification is being requested as part of a U visa application, which would be a request for Form I-918 , Supplement B, or for a T Visa application, which would be a request for Form I-914 , Supplement B.


20. Q. What factors does the Wage and Hour Division consider in response to a request for completion of a T visa certification?

The primary factors that WHD considers include whether: 1) the severe form of human trafficking arises in the context of an employment relationship or work environment and there is a credible allegation of a violation of a law the WHD enforces related to the employment relationship or work environment; 2) the petitioner complied with any reasonable request for assistance in the detection, investigation or prosecution of the trafficking; 3) if another law enforcement agency is already engaged in the investigation of the trafficking activity or would be in a better position to certify based on the facts presented; and 4) completion of the T visa certification would assist the WHD’s investigation of a violation of a law that it enforces.


21. Q. Does the Wage and Hour Division’s completion of a U or T visa certification result in the issuance of a visa?

No. The WHD does not have the authority to issue a U or T visa. The decision of whether to approve or deny a visa petition rests solely with the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS). The WHD, like other federal and state law enforcement agencies, has the authority to complete the certification portion of a U or T visa petition (Form 1-918, Supplement B or Form I-914, Supplement B, respectively). While a law enforcement agency certification is a required component of a U visa petition, it is not required for a T visa petition, but may be submitted to USCIS. The presence of a completed U or T visa certification does not guarantee the victim will be granted a visa. The petitioner must demonstrate to USCIS that they meet all eligibility requirements for the U or T visa. The victim must include supporting evidence, other than the certification, to meet this burden. For more information, visit https://www.uscis.gov/humanitarian/victims-of-human-trafficking-and-other-crimes.