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U Visa Certification Program

U Visa Certification Program. Wage and Hour Division U.S. Department of Labor. Overview. U Visa Basics Wage and Hour U Visa certification process and protocols . Overview of U-Visas. About the U Visa.

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U Visa Certification Program

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  1. U Visa Certification Program Wage and Hour Division U.S. Department of Labor

  2. Overview • U Visa Basics • Wage and Hour U Visa certification process and protocols

  3. Overview of U-Visas

  4. About the U Visa • Allows victims of certain crimes (QCAs) to remain in the U.S. if they are willing to assist with the detection, investigation, or prosecution of those crimes • Helps law enforcement agencies enforce the law and better serve crime victims • U Visa application must include certification from a law enforcement agency • DHS regulations identify WHD as a certifying law enforcement agency • USCIS can grant up to 10,000 U Visas each year authorizing the holder to remain in the United States for up to four years • Approved or denied by USCIS

  5. Benefits For Government • Assists the government in investigating and prosecuting crimes • Promotes the prevention of criminal activities • Encourages victims to come forward about criminal activities For Workers • Grants petitioner non-immigrant status • Allows petitioner to remain in the U.S. for up to 4 years • Receive work authorization (if application is granted)

  6. Eligibility WHD requirements • Allegation of one of the 5 QCAs for which WHD will consider certification • The alleged QCA arises in the context of a work environment or an employment relationship • There is a related, credible allegation of a violation of a law WHD enforces USCIS requirements • Victim of a QCA • Physical or mental abuse as a result of a QCA • Possess information about that QCA • Must be helpful or is likely to be helpful in the investigation of that QCA • QCA is a violation of U.S. law or occurred in the U.S. • Personal statement

  7. WHD’s Role • DOL is a U Visa certifying law enforcement agency • The Secretary delegated her authority to certify U Visas to WHD • WHD does not have authority to grant or deny U Visas

  8. Qualifying Criminal Activities Considered by WHD • Trafficking • Involuntary Servitude • Peonage • Witness Tampering • Obstruction of Justice

  9. Trafficking Crimes • Involuntary Servitude • Peonage • Human trafficking

  10. Trafficking • Labor trafficking involves the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services through the use of force, fraud, or coercion, for the purpose of subjecting the individual to labor prohibited by federal anti-trafficking/compelled labor laws (such as involuntary servitude, forced labor, or peonage) • Sex trafficking involves a commercial sex act that is induced by force, fraud, or coercion, or in which the person induced to perform the act is under 18

  11. Involuntary Servitude • Compelling a person to work by the use of force, the threat of force, or the use of or threat of legal coercion such as arrest, deportation, or imprisonment.

  12. Peonage • Involuntary servitude that is compelled in part by indebtedness. • Federal law prohibits holding or returning any person to a condition of peonage.

  13. Witness Tampering • Using or attempting to use physical force, threats, harassment, intimidation, improper persuasion, or misleading conduct in order to influence, delay, or prevent someone from providing testimony or information in an official proceeding • An “official proceeding” can include a DOL investigation as well as administrative hearings.

  14. Obstruction of Justice • The obstruction of proceedings before federal courts, agencies, and committees, as well as the destruction, alteration, or falsification of records in federal investigations

  15. WHD Protocols Role of U-Visa Coordinator Role of SOL Role of District Office

  16. Process Overview Certification requests originate During or after DOL workplace investigation U-Visa petitioner contacts DOL with allegation of a violation of a law that DOL enforces and a related QCA

  17. U Visa Coordinators WHD delegated authority to its Regional Administrators Each Regional Administrator is supported by one U Visa Coordinator

  18. U Visa Coordinator • Regardless of how or when the U Visa request is received by WHD, all requests go to the U Visa coordinator (UVC) • UVC manages all aspects of the U Visa request • UVC remains in communication with DO regarding status of U Visa request and any investigation of related WHD violation

  19. First Steps • UVC makes preliminary determination whether to recommend certification based on: • Interview with petitioner • Any supplemental information provided by petitioner or advocate on behalf of petitioner • Any information, if available, detected by WHD during course of related WHD investigation

  20. First Steps (cont.) • Petitioner interview: • In most cases, the UVC will need to interview the petitioner • Interview is necessary to determine whether legal requirements for certification are met

  21. Requirements • UVC must consider whether the following required elements are met: • The QCA arises in the context of an employment relationship or work environment and there is a related, credible allegation of a violation of a law that DOL enforces; • The petitioner has alleged that he or she is a victim of one of the 5 QCAs: involuntary servitude, peonage, trafficking, obstruction of justice, or witness tampering; • The petitioner has demonstrated that he or she has been, is being, or is likely to be cooperative with law enforcement officials in any investigation or prosecution of the QCA.

  22. Additional Factors • The following factors should also be weighed: • Another law enforcement agency is already engaged in the investigation or prosecution of the QCA or would be in a better position to certify the Supplement B form based on the facts presented; and • Certification of the Supplement B form would assist the Department’s investigation of a violation of a law that it enforces.

  23. Other Initial Actions • WHD will refer the QCA to the appropriate law enforcement agency • Ensure that the safety of the petitioner, the petitioner’s family, and any other possible victims are taken into account • Contact advocacy and social services organizations as feasible and appropriate

  24. Preliminary determination • If “no”, WHD will notify petitioner immediately of determination • Provide information to petitioner about other certifying agencies • If “yes”, WHD will take next steps towards certification • Draft narrative statement that will provide required information for the I-918 Supplement B form • Provide narrative statement to the Solicitor’s Office for their advice on whether to recommend certification

  25. Narrative Statement: Content • How the case came to DOL’s attention, and the current status of the WH complaint. • A summary of the information provided by the petitioner during the interview and any supplemental information provided. • An assessment of the helpfulness of the petitioner in detecting the QCA and investigating the workplace violation claim, as well as an assessment as to whether the individual is likely to be helpful in any future investigation or prosecution of the QCA.

  26. Narrative Statement: Content (cont.) • Whether the QCA has been or will be referred to the appropriate law enforcement agency. • Information about any known injury to the petitioner, and whether any of the petitioner’s family members are believed to have been involved in the QCA.

  27. Solicitor’s Office Review • Reviews the case narrative and advises the UVC as to whether the legal requirements are met • Conducts the necessary legal research concerning the related QCAs • If final determination is to certify, completes the Supplement B form

  28. Final Determination • After receiving advice from the Solicitor’s Office, the UVC makes a final determination about recommendation. • If no, notify petitioner immediately and provide information about other certifying agencies • If yes, provide recommendation to the Regional Administrator whether to certify Supplement B of Form I-918

  29. Regional Administrator • Has final decision-making authority on whether to certify • Final decision is discretionary

  30. Timeliness and Notification of Department’s Certification Decision • Timely review of the petitioner’s allegations and the certification of a U Visa petition • 3 months to review single U Visa certification request and make a determination as to whether or not to certify

  31. U Visa Coordinator Contact Information by WHD Regions

  32. Questions

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