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Department of Labor

Immigrant Victims of Crime (U & T visas)

The New York State Department of Labor (NYS DOL or Department) may be able to issue a certification for immigrant victims of crime to support their humanitarian visa application to the U.S. Citizenship and Immigration Services (USCIS).

U Visas

The U visa provides immigration status for victims of certain serious crimes, who have suffered substantial physical or mental harm, and are helpful to law enforcement, including the NYS DOL, in the detection, investigation, or prosecution of the criminal activity. The U Visa was created to encourage immigrants who may be wary of interacting with law enforcement to come forward and report when they have been a victim of a crime.

U visa eligibility criteria can be found on the USCIS website U Visa page. An applicant must submit certification from a law enforcement agency establishing that they were helpful, are helpful, or are likely to be helpful to law enforcement in the detection, investigation, or prosecution of the crime (exceptions exist if the applicant is under the age of 16 or unable to provide information due to a disability). If you were the victim of an employment–related qualifying crime in New York State within the last six years, and have or will file a claim for a violation of labor law with the department, you may be eligible for a certification from the New York State Department of Labor. You, or your representative, should contact the Division of Immigrant Policies and Affairs at 877-466-9757 or E-mail [email protected].

Please note that while the Department may issue the U visa certifications, the certification is one piece of the entire application which must then be submitted to U.S. Citizenship and Immigration Services (USCIS), who will determine whether or not to approve the application and grant immigration status.

T Visas

The T visa provides immigration status to victims of severe forms of human trafficking who assist law enforcement in the detection, investigation, or prosecution of human trafficking cases. A law enforcement certification is not required in a T visa application, however it is considered very helpful as evidence of a victim's cooperation.

As with U visas, while the Department can issue T visa certifications or endorsements, the entire application must then be submitted to U.S. Citizenship and Immigration Services, who will determine whether or not to approve the application and grant immigration status.

For questions about T visa endorsements call the Division of Immigrant Policies and Affairs at 877-466-9757 or E-mail [email protected].

 

To Report Suspected Trafficking

If you suspect an individual is a victim of trafficking or that there is is trafficking going on at a specific location, please contact the National Human Trafficking 24-hour hotline at 1-888-373-7888 or text "BeFree" (233733) or live chat: https://humantraffickinghotline.org

 

Requesting U or T visa Certification

For questions about U or T visa certification or endorsements, please call the Division of Immigrant Policies and Affairs at 877-466-9757 or E-mail [email protected]. To view the New York State Visa Protocol click on the protocol link located in the left navigation panel on the web site of the Office of New Americans https://www.newamericans.ny.gov

 

Awareness and Prevention

To request a Human Trafficking awareness presentation, please call the Division of Immigrant Policies and Affairs at 877-466-9757 or E-mail [email protected].

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