OSHA Granted Ability to Certify Special ‘T’ and ‘U’ Visa Applications

By: Ishan Anand

Have you ever witnessed or fallen victim to a crime in the USA and are afraid to share it under the fear of deportation? If the answer is yes, a recent notification by United States Department of Labor (DOL) regarding U and T visas may ease your fears.

What are U and T Visas?

In the United States, victims of certain crimes can qualify for "U Visas" or "T Visas”, enabling them to assist law enforcement in identifying, examining, and prosecuting crimes, without fear of reprisal due to their immigration status. In other words, these visas offer non-citizen victims an immigration standing and permit them to continue living in the United States to support authorities in battling human trafficking and other criminal activities.

New Guidelines for OSHA

Recently, the United States Department of Labor (DOL) expanded the Occupational Safety and Health Administration’s (OSHA) power to issue I-918 Supplement B certifications in support of U Nonimmigrant and T Nonimmigrant Status Visa applicants. Therefore, OSHA investigators looking into workplace safety will now be allowed to issue certifications if the investigation reveals one or more of the following criminal activities: manslaughter, trafficking, extortion, assault, forced labor, or obstruction of justice. The purpose of this move is to help reassure and protect workers who are afraid to speak out regarding workplace related crimes. The policy will be effective from March 30, 2023.

Conclusion

More information regarding the policy change can be found on the OSHA website. If you have witnessed a crime and are unsure how to proceed, please contact the trusted Chugh, LLP immigration team for guidance on how to obtain a U or T visa.