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DHS/USCIS RIN: 1615-AA67 Publication ID: Fall 2019 
Title: New Classification for Victims of Criminal Activity; Eligibility for the U Nonimmigrant Status 

U nonimmigrant status is available to eligible victims of certain qualifying criminal activity who: (1) have suffered substantial physical or mental abuse as a result of the qualifying criminal activity; (2) possess credible and reliable information about the qualifying criminal activity ; (3) have been, are being, or are likely to be helpful in the investigation or prosecution of the crime; and (4) are the victims of a criminal activity, which took place in the United States, including military installations and Indian country, or the territories or possessions of the United States. Per statute, the total number of U-1 nonimmigrants visas granted cannot exceed 10,000 visas in fiscal year. This rule proposes new provisions required by statutory amendments for the U nonimmigrant status. Specifically, the rule would update and clarify the eligibility requirements and procedures for a victim to petition for U nonimmigrant status, as well as update adjudication and post-adjudication procedures. The Trafficking Victims Protection Reauthorization Act of 2008, Public Law 110-457, and the Violence Against Women Reauthorization Act (VAWA) of 2013, Public Law 113-4, amended the U nonimmigrant status provisions of the Immigration and Nationality Act. The Department of Homeland Security issued an interim final rule in 2007.

Agency: Department of Homeland Security(DHS)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Other 
CFR Citation: 8 CFR 103    8 CFR 204    8 CFR 212    8 CFR 214    8 CFR 299   
Legal Authority: 5 U.S.C. 552    5 U.S.C. 552a    8 U.S.C. 1101    8 U.S.C. 1101 (note)    8 U.S.C. 1102    Pub. L. 113-4   
Legal Deadline:  None
Action Date FR Cite
Interim Final Rule  09/17/2007  72 FR 53013   
Interim Final Rule Effective  10/17/2007    
Interim Final Rule Comment Period End  11/17/2007    
NPRM  09/00/2020 
Additional Information: Transferred from RIN 1115-AG39
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, Local, State 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL:   Public Comment URL:  
RIN Data Printed in the FR: No 
Agency Contact:
Andria Strano
Chief, Humanitarian Affairs Division
Department of Homeland Security
U.S. Citizenship and Immigration Services
Office of Policy and Strategy, 5900 Capital Gateway Drive, Suite 4S190,
Camp Springs, MD 20588-0009
Phone:240 721-3000