I 

115TH CONGRESS 

2D SESSION H. R. 5058 

To amend the Immigration and Nationality Act to eliminate the annual 

numerical limitation on U visas, to require the Secretary of Homeland 

Security to grant work authorization to aliens with a pending application 

for nonimmigrant status under subparagraph (U) or (T) of section 

101(a)(15) of such Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 15, 2018 

Mr. PANETTA (for himself, Ms. JAYAPAL, Mr. MCGOVERN, Ms. SCHAKOWSKY, 

Mr. KHANNA, Mr. SUOZZI, Mr. POLIS, Mr. CORREA, Miss RICE of New 

York, Ms. MOORE, Mr. KILMER, Mr. HECK, Ms. ROYBAL-ALLARD, Mr. 

GUTIE ́RREZ, Mrs. CAROLYN B. MALONEY of New York, Mr. VARGAS, Ms. 

LOFGREN, Ms. ROS-LEHTINEN, Mr. O’HALLERAN, Mr. SOTO, Mr. BLUMENAUER, Mr. SWALWELL of California, and Ms. ESHOO) introduced the 

following bill; which was referred to the Committee on the Judiciary 

A BILL 

To amend the Immigration and Nationality Act to eliminate 

the annual numerical limitation on U visas, to require 

the Secretary of Homeland Security to grant work authorization to aliens with a pending application for nonimmigrant status under subparagraph (U) or (T) of section 101(a)(15) of such Act, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


dlhill on DSK3GLQ082PROD with BILLS
2 

•HR 5058 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Immigrant Witness 

3 and Victim Protection Act of 2018’’. 

4 SEC. 2. ELIMINATION OF ANNUAL NUMERICAL LIMITATION 

5 ON U VISAS. 

6 Section 214(p) of the Immigration and Nationality 

7 Act (8 U.S.C. 1184(p)) is amended by striking paragraph 

8 (2). 

9 SEC. 3. WORK AUTHORIZATION WHILE APPLICATIONS FOR 

10 U AND T VISAS ARE PENDING. 

11 (a) U VISAS.—Section 214(p) of the Immigration 

12 and Nationality Act (8 U.S.C. 1184(p)) is amended— 

13 (1) in paragraph (6), by striking the last sen14 tence; and 

15 (2) by adding at the end the following: 

16 ‘‘(8) WORK AUTHORIZATION.—Notwithstanding 

17 any provision of this Act granting eligibility for em18 ployment in the United States, the Secretary of 

19 Homeland Security shall grant employment author20 ization to an alien who has filed an application for 

21 nonimmigrant status under section 101(a)(15)(U) 

22 on the date that is the earlier of— 

23 ‘‘(A) the date on which the alien’s applica24 tion for such status is approved; or 


dlhill on DSK3GLQ082PROD with BILLS
3 

•HR 5058 IH

1 ‘‘(B) a date determined by the Secretary 

2 that is not later than 180 days after the date 

3 on which the alien filed the application.’’. 

4 (b) T VISAS.—Section 214(o) of the Immigration and 

5 Nationality Act (8 U.S.C. 1184(o)) is amended by adding 

6 at the end the following: 

7 ‘‘(8) Notwithstanding any provision of this Act grant8 ing eligibility for employment in the United States, the 

9 Secretary of Homeland Security shall grant employment 

10 authorization to an alien who has filed an application for 

11 nonimmigrant status under section 101(a)(15)(T) on the 

12 date that is the earlier of— 

13 ‘‘(A) the date on which the alien’s application 

14 for such status is approved; or 

15 ‘‘(B) a date determined by the Secretary that 

16 is not later than 180 days after the date on which 

17 the alien filed the application.’’. 

18 SEC. 4. PROHIBITION ON REMOVAL OF CERTAIN VICTIMS 

19 WITH PENDING PETITIONS AND APPLICA20 TIONS. 

21 (a) EXPEDITED REMOVAL OF INADMISSIBLE ARRIV22 ING ALIENS.—Section 235 of the Immigration and Na23 tionality Act (8 U.S.C. 1225) is amended by adding at 

24 the end the following: 


dlhill on DSK3GLQ082PROD with BILLS
4 

•HR 5058 IH

1 ‘‘(e) PROHIBITION ON REMOVAL OF CERTAIN VIC2 TIMS WITH PENDING PETITIONS AND APPLICATIONS.— 

3 ‘‘(1) IN GENERAL.—An alien described in para4 graph (2) shall not be ordered removed under this 

5 section until there is a final administrative denial of 

6 the application for such status after the exhaustion 

7 of administrative appeals. 

8 ‘‘(2) ALIENS DESCRIBED.—An alien is de9 scribed in this paragraph if the alien— 

10 ‘‘(A) has a pending application under sec11 tion 101(a)(15)(T), 101(a)(15)(U), 106, 

12 240A(b)(2), or 244(a)(3) (as in effect on March 

13 31, 1997); or 

14 ‘‘(B) is a VAWA self-petitioner, as defined 

15 in section 101(a)(51), with a pending applica16 tion for relief under a provision referred to in 

17 one of subparagraphs (A) through (G) of such 

18 section. 

19 ‘‘(3) EXCEPTION.—Paragraph (1) shall not 

20 apply in a case in which the Director of U.S. Citi21 zenship and Immigration Services determines that 

22 the alien is prima facie ineligible for admission due 

23 to any of the circumstances described in section 

24 241(b)(3)(B).’’. 


dlhill on DSK3GLQ082PROD with BILLS
5 

•HR 5058 IH

1 (b) GENERAL CLASSES OF DEPORTABLE ALIENS.— 

2 Section 237(d)(1) of the Immigration and Nationality Act 

3 (8 U.S.C. 1227(d)(1)) is amended to read as follows: 

4 ‘‘(d)(1) The Director of U.S. Citizenship and Immi5 gration Services shall make a determination whether an 

6 application for nonimmigrant status under subparagraph 

7 (T) or (U) of section 101(a)(15) filed for an alien in the 

8 United States sets forth a prima facie case for approval, 

9 and, if so, the Secretary shall grant the alien an adminis10 trative stay of a final order of removal under section 

11 241(c)(2) until— 

12 ‘‘(A) the application for nonimmigrant status 

13 under such subparagraph (T) or (U) is approved; or 

14 ‘‘(B) there is a final administrative denial of 

15 the application for such nonimmigrant status after 

16 the exhaustion of administrative appeals.’’. 

17 (c) EXPEDITED REMOVAL OF ALIENS CONVICTED OF

18 COMMITTING AGGRAVATED FELONIES.—Section 238 of 

19 the Immigration and Nationality Act (8 U.S.C. 1228) is 

20 amended by adding at the end the following: 

21 ‘‘(d) PROHIBITION ON REMOVAL OF CERTAIN VIC22 TIMS WITH PENDING PETITIONS AND APPLICATIONS.— 

23 ‘‘(1) IN GENERAL.—An alien described in para24 graph (2) shall not be ordered removed under this 

25 section until there is a final administrative denial of 


dlhill on DSK3GLQ082PROD with BILLS
6 

•HR 5058 IH

1 the application for such status after the exhaustion 

2 of administrative appeals. 

3 ‘‘(2) ALIENS DESCRIBED.—An alien is de4 scribed in this paragraph if the alien— 

5 ‘‘(A) has a pending application under sec6 tion 101(a)(15)(T), 101(a)(15)(U), 106, 

7 240A(b)(2), or 244(a)(3) (as in effect on March 

8 31, 1997); or 

9 ‘‘(B) is a VAWA self-petitioner, as defined 

10 in section 101(a)(51), with a pending applica11 tion for relief under a provision referred to in 

12 one of subparagraphs (A) through (G) of such 

13 section. 

14 ‘‘(3) EXCEPTION.—Paragraph (1) shall not 

15 apply in a case in which the Director of U.S. Citi16 zenship and Immigration Services determines that 

17 any of the circumstances described in section 

18 241(b)(3)(B) apply.’’. 

19 (d) DETENTION AND REMOVAL OF ALIENS ORDERED

20 REMOVED.—Section 241(a) of the Immigration and Na21 tionality Act (8 U.S.C. 1231(a)) is amended by adding at 

22 the end the following: 

23 ‘‘(8) PROHIBITION ON REMOVAL OF CERTAIN

24 VICTIMS WITH PENDING PETITIONS AND APPLICA25 TIONS.— 


dlhill on DSK3GLQ082PROD with BILLS
7 

•HR 5058 IH

1 ‘‘(A) IN GENERAL.—An alien described in 

2 subparagraph (B) shall not be removed under 

3 this section until there is a final administrative 

4 denial of the application for such status after 

5 the exhaustion of administrative appeals. 

6 ‘‘(B) ALIENS DESCRIBED.—An alien is de7 scribed in this paragraph if the alien— 

8 ‘‘(i) has a pending application under 

9 section 101(a)(15)(T), 101(a)(15)(U), 106, 

10 240A(b)(2), or 244(a)(3) (as in effect on 

11 March 31, 1997); or 

12 ‘‘(ii) is a VAWA self-petitioner, as de13 fined in section 101(a)(51), with a pending 

14 application for relief under a provision re15 ferred to in one of subparagraphs (A) 

16 through (G) of such section. 

17 ‘‘(C) EXCEPTION.—Paragraph (1) shall 

18 not apply in a case in which the Director of 

19 U.S. Citizenship and Immigration Services de20 termines that any of the circumstances de21 scribed in section 241(b)(3)(B) apply.’’. 

Æ 


dlhill on DSK3GLQ082PROD with BILLS