U Visa Qualifying Crimes in 2026: The Full Statutory List and How USCIS Decides What Counts

You were hurt by a crime in the United States, you reported it or want to, and someone told you a U visa might be available. Every U visa case turns first on whether the crime is on the list Congress wrote. As of September 2026, that list sits in INA 101(a)(15)(U)(iii), 8 U.S.C. 1101(a)(15)(U)(iii). We counted it from the statute itself: 28 categories of criminal activity, plus attempt, conspiracy, or solicitation to commit any of them, plus "any similar activity." A headline promising "10 qualifying crimes" is wrong. Below: the full list grouped by type, how USCIS reads it, who counts as a victim, the certification, the cap, and where the process stands in 2026. It builds on our overview of U visas for crime victims in Pennsylvania, New Jersey, and New York.

What the Statute Actually Lists, and Why the Count Matters

The U visa was created by the Victims of Trafficking and Violence Protection Act of 2000, and the Violence Against Women Reauthorization Act of 2013 added two categories, stalking and fraud in foreign labor contracting. Read today, the statute enumerates 28 categories, from rape to fraud in foreign labor contracting as defined in 18 U.S.C. 1351; the next section sets out every one. The Administrative Appeals Office uses the same number when it refers to "the 28 types of crimes listed at section 101(a)(15)(U)(iii) of the Act" and to the 28 check boxes on the certification form.

One trap for anyone reading the regulation instead of the statute: 8 CFR 214.14(a)(9), which dates from the 2007 interim rule, still lists 26 crimes and omits stalking and fraud in foreign labor contracting. The statute controls.

The Full List, Grouped by Type

The statute presents the 28 categories in one sentence; grouping them by kind of harm shows where a case falls.

• Sexual and gender-based violence. Rape; sexual assault; abusive sexual contact; incest; sexual exploitation; prostitution; female genital mutilation; domestic violence; stalking.
• Violence against the person. Murder; manslaughter; felonious assault; torture.
• Trafficking, servitude, and restraint. Trafficking; peonage; involuntary servitude; slave trade; being held hostage; kidnapping; abduction; unlawful criminal restraint; false imprisonment.
• Coercion and economic crimes against people. Blackmail; extortion; fraud in foreign labor contracting, which reaches recruiters who lie to workers abroad.
• Crimes against the justice system. Witness tampering; obstruction of justice; perjury. These matter when a person is threatened for cooperating with police or a court.

Two additions ride on top. Attempt, conspiracy, or solicitation to commit any of the 28 qualifies on its own. And the crime must have violated United States law or occurred in the United States. INA 101(a)(15)(U)(i)(IV); 8 CFR 214.14(b)(4).

"Any Similar Activity": How USCIS Compares the Elements

The phrase "any similar activity" is what allows a state offense with a different name to qualify. The regulation defines it narrowly: "criminal offenses in which the nature and elements of the offenses are substantially similar to the statutorily enumerated list of criminal activities." 8 CFR 214.14(a)(9). When DHS wrote that definition in 2007, it said "the similarities must be substantial," and that the test exists because state statutes may name conduct differently "while the nature and elements of both criminal activities are comparable." 72 FR 53014, 53018 (Sept. 17, 2007).

USCIS starts with the statutory citation the certifying agency writes in Part 3.3 of Form I-918, Supplement B, and asks whether that offense is one of the 28 categories or has substantially similar elements. If the citation alone does not get there, USCIS asks whether the preponderance of all the credible evidence, including the certification narrative, the police report, and medical records, shows that the agency detected, investigated, or prosecuted a qualifying crime against the petitioner. USCIS weighs every document, the Supplement B included, in its sole discretion under 8 CFR 214.14(c)(4).

The USCIS Law Enforcement Resource Guide tells certifiers to provide "accurate, precise citations for any crimes you detected, investigated, or prosecuted" and leave the similarity analysis to USCIS. The narrative is what rescues a case where the charge filed was less serious than the conduct.

Felonious Assault Versus Simple Assault: Where Pennsylvania Cases Are Won or Lost

"Felonious assault" is a frequent source of denials and appeals, because it is the one category defined by the grade of the offense rather than the conduct. In Matter of M-R-B-C-, ID# 1114583 (AAO May 15, 2018), a non-precedent decision, the Administrative Appeals Office said: "what is considered a felony crime depends on the applicable law where the crime occurred and the record must establish the elements of the felonious assault offense."

Under 18 Pa.C.S. 2701(b), simple assault is a misdemeanor of the second degree (third degree in a mutual fight, first degree when an adult assaults a child under 12). Aggravated assault under 18 Pa.C.S. 2702 is a felony of the first or second degree. A docket showing only simple assault will usually not satisfy "felonious assault," and USCIS will look for another category, most often domestic violence if the relationship supports it.

In M-R-B-C-, the New York certifier checked "felonious assault" but cited only misdemeanor third-degree assault, and the service center denied. The AAO remanded because the certification narrative, the criminal complaint, and medical records showed injuries that required surgery and left the petitioner unable to work for months, which matched the "serious physical injury" element of felony second-degree assault under New York law. A March 2015 non-precedent decision reached the same result where a certifier checked "felonious assault" but cited only a robbery statute, because the police report described a strong-arm robbery with a struggle.

The lesson for a Pennsylvania petitioner: gather the incident report, the affidavit of probable cause, and any emergency room records before the certification request, and ask the agency to describe the injuries and any weapon in the narrative boxes.

Were you the victim of a crime and unsure whether it qualifies for a U visa?

We match the police report to the statutory list, request the I-918 Supplement B certification from the right Lehigh Valley agency, and build the petition to clear the bona fide review on the first pass.

Talk to a U Visa Attorney

Or call (484) 763-4984

Who Counts as a Victim: Direct, Indirect, and Bystander

The regulation at 8 CFR 214.14(a)(14) defines the victim in tiers. The direct victim is the person who "suffered direct and proximate harm" from the crime. Indirect victims are the spouse and children under 21 of a direct victim, and, if the direct victim is or was under 21, the parents and unmarried siblings under 18, but only where the direct victim "is deceased due to murder or manslaughter, or is incompetent or incapacitated." A parent whose child was killed can petition in her own right if she cooperates with the investigation on the child's behalf.

Bystanders are not in the regulation's text, but they are in the rulemaking record. In the 2007 preamble, DHS said it would "exercise its discretion on a case-by-case basis to treat bystanders as victims where that bystander suffers an unusually direct injury as a result of a qualifying crime," giving the example of a pregnant witness who suffers a miscarriage. 72 FR at 53016. A bystander claim is a discretionary argument built on medical evidence, not a checkbox.

Family members of a principal come in through a different door, Form I-918, Supplement A; they need not be victims and are not counted against the cap. INA 214(p)(2)(B).

Substantial Abuse, Information, and Helpfulness

Under 8 CFR 214.14(b), a principal must also show substantial physical or mental abuse as a result of the crime. The factors are the nature of the injury, the severity of the conduct, the severity and duration of the harm, and the extent of permanent or serious harm, including aggravation of pre-existing conditions. No single factor is required, and "a series of acts taken together may be considered to constitute substantial physical or mental abuse even where no single act alone rises to that level." Mental abuse is enough on its own, which is why the personal statement and any counselor's letter carry weight.

The petitioner must also possess credible and reliable information about the crime, and must have been, be, or be likely to be helpful to the certifying agency, and since cooperation began must not have "refused or failed to provide information and assistance reasonably requested." 8 CFR 214.14(b)(3). The duty is ongoing and continues after the agency signs the certification.

Helpfulness does not require an arrest, a charge, or a conviction; the Resource Guide tells agencies that the regulations do not "require that a case must have progressed to a certain stage (e.g., prosecution or conviction)." A case the district attorney declined can still be certified if the victim did what was asked.

The Certification: Form I-918, Supplement B

A U petition cannot be filed without Form I-918, Supplement B, signed by a certifying official. INA 214(p)(1); 8 CFR 214.14(c)(2)(i). Who can sign is broad: any federal, state, or local law enforcement agency, prosecutor, judge, or other authority responsible for detecting, investigating, or prosecuting the crime, including child protective services, the Equal Employment Opportunity Commission, and the Department of Labor. 8 CFR 214.14(a)(2). The signer must be the agency head, a designated supervisor, or a judge. 8 CFR 214.14(a)(3). Three rules trip people up:

• Six months. The certification must be signed within the six months immediately before the I-918 is filed. 8 CFR 214.14(c)(2)(i). USCIS treats an older signature as expired, so do not request the signature until the petition is ready.
• It is discretionary. Federal law does not require any agency to sign, and Pennsylvania has no statute requiring a response or setting a deadline. House Bill 1281 of the 2025-2026 session, which would require public certification protocols with deadlines and language access, was referred to the House Judiciary Committee on April 22, 2025 and had not moved as of this writing. Philadelphia City Council introduced a 90-day deadline bill in April 2026 and a committee advanced it in June; confirm whether it has been enacted before relying on it.
• It does not decide the case. A signed Supplement B is evidence, not approval. In the Resource Guide's words, "completing Form I-918B does not automatically confer eligibility."

The 10,000 Cap, the Waiting List, and the Bona Fide Determination in 2026

Congress limited principal U-1 grants to 10,000 per fiscal year. INA 214(p)(2)(A). Filings exceed it many times over. Eligible petitioners go on a waiting list in filing order, and "USCIS will grant deferred action or parole to U-1 petitioners and qualifying family members while the U-1 petitioners are on the waiting list." 8 CFR 214.14(d)(2). Waitlisted petitioners receive a four-year, renewable work permit and do not accrue unlawful presence. Policy Manual, Volume 3, Part C, Chapter 6.

Because the waiting list itself took years to reach, USCIS created an earlier checkpoint on June 14, 2021: the bona fide determination, or BFD, in Policy Manual Volume 3, Part C, Chapter 5. A petition is bona fide when the I-918 is properly filed with a complete Supplement B and a personal statement, biometrics have been taken, and background checks raise no national security or public safety concern. A petitioner who clears that review, and whose case warrants favorable discretion, receives deferred action and a four-year employment authorization document, and qualifying family members can receive the same. As of September 2026 that process remains in the Policy Manual and 2026 practitioner guidance treats BFD work permits as continuing to issue, with two caveats. Policy Alert PA-2026-01 (May 8, 2026) rewrote the Policy Manual's deferred action guidance, now in Volume 1, Part I, to call deferred action an "extraordinary" use of prosecutorial discretion decided case by case; it acknowledges the U visa BFD and waiting-list processes but adds individualized discretionary factors, so a BFD grant is less automatic than in 2021. And a fingerprint re-vetting process that began April 27, 2026 paused decisions on many pending cases that need FBI checks, U petitions among them. The December 2025 and January 2026 memoranda that had frozen cases of nationals of the travel-ban countries, PM-602-0192 and PM-602-0194, were vacated on June 5, 2026 in Dorcas International Institute of Rhode Island v. USCIS, No. 26-cv-00132 (D.R.I.), and USCIS says it will treat them as not in effect while its appeal proceeds.

USCIS's processing-times tool is the only authoritative estimate; mid-2026 practitioner estimates ranged from about a year and a half to three years from filing to a BFD, and five to ten years from filing to final approval.

Money and status while you wait: Form I-918 and both supplements carry no filing fee, 8 CFR 106.2(a)(62), and U petitioners are exempt from the fees for the I-192 waiver, the I-765 work permit, and later the I-485, 8 CFR 106.3(b)(5). The H.R. 1 fee rules we have reviewed add no U visa fee. Two 2025 changes matter. A February 28, 2025 memorandum, PM-602-0187, directs USCIS to issue a Notice to Appear when it denies a benefit to someone not lawfully present, with no categorical exemptions. And on November 3, 2025, Policy Alert PA-2025-25 announced that a grant of U status inside the country is not an "admission" under INA 245(a); U holders still adjust under INA 245(m) after three years. If you are already in removal proceedings, our post on the BIA's administrative closure rulings for U visa applicants explains how a pending petition interacts with the court.

What This Means in the Lehigh Valley

Most certifications for our clients come from the Allentown, Bethlehem, and Easton police departments, the Lehigh County and Northampton County District Attorneys, the Pennsylvania State Police for incidents in townships without their own force, and, in domestic violence cases, the Court of Common Pleas judges who handle protection from abuse petitions. Reading cases run through the Berks County District Attorney. Each agency designates its own certifying official, and the designation is not always posted, so the first step is often a call.

Allentown's Welcoming City ordinance, Ordinance No. 16103, adopted February 5, 2025 and codified at Chapter 115 of the city code, bars city officials from asking about immigration status unless state or federal law or a court order requires it and bars city agencies from detaining people on ICE detainers or administrative warrants alone. It did not change how Allentown police investigate crime, but it removes a reason victims give for not calling 911, and a prompt report with a documented interview is the foundation of every later certification. If you were stopped by police rather than reporting a crime, see our guide to your rights at a police or ICE traffic stop in Pennsylvania.

Two Pennsylvania points recur. Because simple assault is a misdemeanor here, we routinely ask certifiers to cite 18 Pa.C.S. 2702 where the facts support it, or to certify domestic violence, stalking under 18 Pa.C.S. 2709.1, or witness intimidation rather than assault alone. And spouses and children of abusive U.S. citizens or permanent residents often have a faster path through a VAWA self-petition, which needs no law enforcement signature and is not capped. We evaluate both in the same consultation, along with the options on our humanitarian relief page, and for clients with a Philadelphia Immigration Court date we coordinate the petition with the removal defense strategy.

Frequently Asked Questions

How many qualifying crimes are on the U visa list in 2026?

Counted from INA 101(a)(15)(U)(iii) as it reads today, the statute names 28 categories of criminal activity, then adds attempt, conspiracy, or solicitation to commit any of them, plus any similar activity whose nature and elements are substantially similar under 8 CFR 214.14(a)(9). Lists that say 10 or 20 are incomplete.

My attacker was only charged with simple assault in Pennsylvania. Can I still qualify?

Not under "felonious assault" on that charge alone, because simple assault under 18 Pa.C.S. 2701 is a misdemeanor and the AAO has required the record to establish felony-level elements. You may still qualify if the police report and medical records show conduct meeting aggravated assault under 18 Pa.C.S. 2702, or if the offense fits another category such as domestic violence or stalking.

Does the crime have to end in a conviction for me to get a U visa?

No. Neither the statute nor the regulation requires an arrest, charge, or conviction, and the USCIS Law Enforcement Resource Guide says the regulations do not require that a case have progressed to a certain stage, such as prosecution or conviction. What is required is that a certifying agency detected, investigated, or prosecuted the crime and that you have been, are being, or are likely to be helpful when reasonably asked.

How long is the I-918 Supplement B certification valid?

Six months. Under 8 CFR 214.14(c)(2)(i), the certifying official must sign within the six months immediately before Form I-918 is filed, and USCIS treats an older signature as expired. Assemble the rest of the petition first, then request the signature.

Is USCIS still granting work permits through the bona fide determination process in 2026?

As of September 2026 the process remains in the USCIS Policy Manual, Volume 3, Part C, Chapter 5, and a petition found bona fide can receive deferred action and a four-year work permit while it waits under the 10,000 cap. The May 8, 2026 deferred action guidance makes each grant a case-by-case discretionary decision, and the April 2026 fingerprint re-check slowed decisions, so confirm the current posture before filing.

Get Help With a U Visa Case

A U visa petition succeeds or fails on matching: the crime to one of the 28 categories, the injuries to the substantial-abuse factors, and the timeline to the six-month certification window. Lehigh Valley Immigration Law LLC prepares U petitions and certification requests for clients across Pennsylvania, New Jersey, and New York and handles related matters before the Philadelphia, Elizabeth, and Newark immigration courts. We offer a free bilingual consultation to review the police report and tell you which category, if any, fits. Call (484) 763-4984 or contact us online. No result can be guaranteed in any immigration case, but a petition built on the right category and a complete record is the one that clears the first review.