Sunday, September 12, 2010

Department of Labor Delegates Issuance of U Nonimmigrant Status Certificates to Administrator of Wage and Hour Division

On September, 10, 2010, the Department of Labor delegated the authority to issue U visa certifications to the Administrator of the Wage and Hour Division.

U visas are available to victims of crimes who have assisted law enforcement with the investigation and prosecution of the criminal activity. USCIS requires - in almost all cases - a "certification" of the U visa form from law enforcement, the prosecuting attorney, or the judge, if a case goes to trial.

Now, the Administrator of the Wage and Hour Division also has regulatory authority to certify a nonimmigrant's U visa form; victims of workplace abuse should seek U visa certification from this agency. The certification authority derives under Section 1513(b) of the Victims of Trafficking and Violence Protection Act of 2000 and related Department of Homeland Security regulations. Read the relevant portion of the Federal Register here.

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