The U-Visa Backlog Reaches Eleven Years: What Survivors of Crime Should Do in 2026

4 min read · May 16, 2026

Legally reviewed by Attorney Elias G. Mendoza — WSBA #43857 · Arizona Bar #036789

The U-visa under INA § 101(a)(15)(U) is capped at 10,000 principal visas per year and the wait list now exceeds a decade. Survivors should still file Form I-918 with a signed I-918 Supplement B law-enforcement certification because USCIS conducts a bona-fide determination on the petition; a positive bona-fide determination grants Deferred Action and a four-year EAD (category c)(14)) while the petition waits for a number, providing work authorization and protection from removal years before final adjudication.

The U-visa promise and the backlog reality

Congress created the U-visa in 2000 under the Victims of Trafficking and Violence Protection Act to give immigration status to victims of qualifying crimes who help law enforcement. Codified at INA § 101(a)(15)(U) (8 U.S.C. § 1101(a)(15)(U)), the U visa offers temporary status, work authorization, and a path to a green card after three years.

The statute caps the principal U-visa grant at 10,000 per fiscal year. Annual demand now exceeds 60,000 petitions. As of 2026, the principal waitlist is more than a decade long for new filers and the derivative waitlist is comparable. That arithmetic looks bleak on paper — but the U-visa framework has a second tier that delivers most of the benefit much earlier.

The bona-fide determination process

In June 2021 USCIS implemented a bona-fide determination process for U-visa petitions. When a properly assembled I-918 is filed, USCIS reviews the petition for completeness and a clean preliminary background check. If both clear, USCIS issues a bona-fide determination, places the petitioner in Deferred Action, and grants a four-year employment authorization under category (c)(14) — even though the principal U-visa itself remains on the waitlist.

The bona-fide determination is now the practical "first decision" on every U-visa case. It typically issues within 12 to 24 months of receipt — a fraction of the decade-plus wait for a visa number. Deferred Action protects the petitioner from removal during the entire pendency of the petition, and the EAD lets the petitioner work lawfully.

What goes into a strong I-918 package

A complete U-visa filing includes:

1. Form I-918 — the principal U petition.
2. Form I-918 Supplement B — the law-enforcement certification, signed within six months of filing. This is the linchpin of every U-visa case. The certifier must be a designated official of a federal, state, local, tribal, or territorial law enforcement agency, prosecutor, judge, or other authority investigating or prosecuting the qualifying criminal activity.
3. Form I-918 Supplement A — derivative petitions for qualifying family members.
4. Personal declaration describing the qualifying crime, the harm suffered, and the cooperation provided.
5. Evidence of substantial harm — medical records, mental health evaluations, police reports, photos.
6. Form I-192 waiver if any inadmissibility ground applies.
7. Biometrics fee (check uscis.gov for the current amount) and any waiver requests.

The Supplement B is the single most fragile part. Get it early, file the I-918 immediately, and never let it sit unfiled past the six-month freshness window.

Qualifying criminal activity

The statute lists the qualifying crimes — including domestic violence, sexual assault, trafficking, abduction, stalking, witness tampering, and a broad category of crimes that share similar elements. Substantial physical or mental abuse must result from the criminal activity. The petitioner must have been helpful, is being helpful, or is likely to be helpful to law enforcement.

A common misconception is that the petitioner must have been the named victim on the police report. The statute also covers indirect victims (parents of a minor victim, certain family members of a deceased victim) and bystander witnesses in some circumstances.

Adjustment of status after three years in U status

Once the principal U-visa is granted and three years pass, the petitioner is eligible to adjust to lawful permanent resident status under INA § 245(m) (8 U.S.C. § 1255(m)). Continuous physical presence is required, and the petitioner must demonstrate that adjustment is justified on humanitarian grounds, to ensure family unity, or because it is in the public interest. Certain derivative family members may also adjust.

What to expect from the timeline in 2026

• Months 1-2: receipt notices for the I-918 and any derivative I-918As.
• Months 6-9: biometrics appointment.
• Months 12-24: bona-fide determination, Deferred Action, EAD card.
• Years 10-12: principal U-visa adjudication (waitlist permitting).
• Years 13-15: I-485 adjustment of status filing eligibility.

The numbers vary by Vermont Service Center workload, certifier responsiveness, and individual case complexity. The point: do not delay filing because of the backlog — the bona-fide determination produces the most important protections years before the waitlist resolves.

Common pitfalls

• Filing without Supplement B in hand. USCIS will reject or sit on the case until the certification arrives.
• Stale Supplement B. The certification expires for filing purposes six months after signature; refresh it if you miss the window.
• Skipping the I-192 waiver. Almost every U-visa case has at least one inadmissibility ground requiring waiver — entry without inspection, prior removal, unlawful presence, criminal convictions.
• Letting the derivative children age out. Children under 21 at the time of filing the principal U petition are protected; track this carefully for cases where the principal files when a child is 19 or 20.
• Moving without filing AR-11. USCIS sends the bona-fide determination by mail; a missed address change can lose the case.

What to do this month

If you are a survivor of a qualifying crime, contact a victim-services organization or an immigration attorney immediately to start the Supplement B request. The earlier the certification, the earlier the bona-fide determination, the earlier the EAD.

Mendoza Immigration handles U-visa filings from initial Supplement B outreach through adjustment, and we work with our victim-services partner network throughout the region. This article is general information, not legal advice, and reading it does not create an attorney-client relationship.