U AND T CERTIFICATIONS

Jan 16, 2024

The Victims of Trafficking and Violence Protection Act of 2000 created two types of immigration benefits available for victims of certain crimes:

U visa

The U nonimmigrant status (U visa) provides temporary immigration status to victims of an outlined list of “qualifying criminal activities” (QCAs) who have suffered substantial physical or mental abuse as a result of the criminal activity; possess specific, credible, and reliable information about the criminal activity; and who have been, are being, or are likely to be helpful to law enforcement or government officials in the detection, investigation, or prosecution of the criminal activity.

U visa certification requests will be considered by OSHA when the following conditions are met:

  1. OSHA has detected a QCA, or substantially similar crime, or an attempt, conspiracy, or solicitation to commit a QCA or substantially similar crime;
  2. The QCA arises in the context of a work environment or an employment relationship;
  3. There is a credible allegation of a violation of a law that OSHA enforces related to the work environment or employment relationship; and
  4. The victim has demonstrated that they have been, are being, or are likely to be helpful to OSHA and/or any other law enforcement officials in the detection, and any investigation or prosecution, of the QCA.

T Visa

The T nonimmigrant status (T visa) provides temporary immigration status to victims of certain human trafficking who have or are willing to assist law enforcement authorities in the detection, investigation, or prosecution of trafficking crimes, and would suffer extreme hardship if they were removed from the United States. OSHA has authority to complete T and U visa certifications based on OSHA’s role as a law enforcement agency that has detected the qualifying criminal activity or trafficking crime.

T visa declaration requests will be considered by OSHA when the following conditions are met:

  1. OSHA has identified a victim of trafficking;
  2. The trafficking activity arises in the context of a work environment or an employment relationship;
  3. There is a credible allegation of a violation of a law that OSHA enforces related to the work environment or employment relationship; and
  4. The victim has complied with any reasonable requests for assistance (unless the victim qualifies for an exemption due to age or trauma suffered).

Employers should be aware if their employees have been provided U or T visa certifications and which or their employees may be eligible for a certification. Employers should stand against trafficking and protect vulnerable workers from exploitation.