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. BLU-
MENAUER, 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 au-
thorization to aliens with a pending application for non-
immigrant status under subparagraph (U) or (T) of sec-
tion 101(a)(15) of such Act, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Immigrant Witness 
and Victim Protection Act of 2018’’. 
SEC. 2. ELIMINATION OF ANNUAL NUMERICAL LIMITATION 
ON U VISAS. 
Section 214(p) of the Immigration and Nationality 
Act (8 U.S.C. 1184(p)) is amended by striking paragraph 
(2). 
SEC. 3. WORK AUTHORIZATION WHILE APPLICATIONS FOR 
U AND T VISAS ARE PENDING. 
(a) U VISAS.—Section 214(p) of the Immigration 
and Nationality Act (8 U.S.C. 1184(p)) is amended— 
(1) in paragraph (6), by striking the last sen-
tence; and 
(2) by adding at the end the following: 
‘‘(8) WORK AUTHORIZATION.—Notwithstanding 
any provision of this Act granting eligibility for em-
ployment in the United States, the Secretary of 
Homeland Security shall grant employment author-
ization to an alien who has filed an application for 
nonimmigrant status under section 101(a)(15)(U) 
on the date that is the earlier of— 
‘‘(A) the date on which the alien’s applica-
tion for such status is approved; or 
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‘‘(B) a date determined by the Secretary 
that is not later than 180 days after the date 
on which the alien filed the application.’’. 
(b) T VISAS.—Section 214(o) of the Immigration and 
Nationality Act (8 U.S.C. 1184(o)) is amended by adding 
at the end the following: 
‘‘(8) Notwithstanding any provision of this Act grant-
ing eligibility for employment in the United States, the 
Secretary of Homeland Security shall grant employment 
authorization to an alien who has filed an application for 
nonimmigrant status under section 101(a)(15)(T) on the 
date that is the earlier of— 
‘‘(A) the date on which the alien’s application 
for such status is approved; or 
‘‘(B) a date determined by the Secretary that 
is not later than 180 days after the date on which 
the alien filed the application.’’. 
SEC. 4. PROHIBITION ON REMOVAL OF CERTAIN VICTIMS 
WITH PENDING PETITIONS AND APPLICA-
TIONS. 
(a) EXPEDITED REMOVAL OF INADMISSIBLE ARRIV-
ING ALIENS.—Section 235 of the Immigration and Na-
tionality Act (8 U.S.C. 1225) is amended by adding at 
the end the following: 
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‘‘(e) PROHIBITION ON REMOVAL OF CERTAIN VIC-
TIMS WITH PENDING PETITIONS AND APPLICATIONS.— 
‘‘(1) IN GENERAL.—An alien described in para-
graph (2) shall not be ordered removed under this 
section until there is a final administrative denial of 
the application for such status after the exhaustion 
of administrative appeals. 
‘‘(2) ALIENS
DESCRIBED.—An alien is de-
scribed in this paragraph if the alien— 
‘‘(A) has a pending application under sec-
tion 
101(a)(15)(T), 
101(a)(15)(U), 
106, 
240A(b)(2), or 244(a)(3) (as in effect on March 
31, 1997); or 
‘‘(B) is a VAWA self-petitioner, as defined 
in section 101(a)(51), with a pending applica-
tion for relief under a provision referred to in 
one of subparagraphs (A) through (G) of such 
section. 
‘‘(3) EXCEPTION.—Paragraph (1) shall not 
apply in a case in which the Director of U.S. Citi-
zenship and Immigration Services determines that 
the alien is prima facie ineligible for admission due 
to any of the circumstances described in section 
241(b)(3)(B).’’. 
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(b) GENERAL CLASSES OF DEPORTABLE ALIENS.— 
Section 237(d)(1) of the Immigration and Nationality Act 
(8 U.S.C. 1227(d)(1)) is amended to read as follows: 
‘‘(d)(1) The Director of U.S. Citizenship and Immi-
gration Services shall make a determination whether an 
application for nonimmigrant status under subparagraph 
(T) or (U) of section 101(a)(15) filed for an alien in the 
United States sets forth a prima facie case for approval, 
and, if so, the Secretary shall grant the alien an adminis-
trative stay of a final order of removal under section 
241(c)(2) until— 
‘‘(A) the application for nonimmigrant status 
under such subparagraph (T) or (U) is approved; or 
‘‘(B) there is a final administrative denial of 
the application for such nonimmigrant status after 
the exhaustion of administrative appeals.’’. 
(c) EXPEDITED REMOVAL OF ALIENS CONVICTED OF 
COMMITTING AGGRAVATED FELONIES.—Section 238 of 
the Immigration and Nationality Act (8 U.S.C. 1228) is 
amended by adding at the end the following: 
‘‘(d) PROHIBITION ON REMOVAL OF CERTAIN VIC-
TIMS WITH PENDING PETITIONS AND APPLICATIONS.— 
‘‘(1) IN GENERAL.—An alien described in para-
graph (2) shall not be ordered removed under this 
section until there is a final administrative denial of 
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the application for such status after the exhaustion 
of administrative appeals. 
‘‘(2) ALIENS
DESCRIBED.—An alien is de-
scribed in this paragraph if the alien— 
‘‘(A) has a pending application under sec-
tion 
101(a)(15)(T), 
101(a)(15)(U), 
106, 
240A(b)(2), or 244(a)(3) (as in effect on March 
31, 1997); or 
‘‘(B) is a VAWA self-petitioner, as defined 
in section 101(a)(51), with a pending applica-
tion for relief under a provision referred to in 
one of subparagraphs (A) through (G) of such 
section. 
‘‘(3) EXCEPTION.—Paragraph (1) shall not 
apply in a case in which the Director of U.S. Citi-
zenship and Immigration Services determines that 
any of the circumstances described in section 
241(b)(3)(B) apply.’’. 
(d) DETENTION AND REMOVAL OF ALIENS ORDERED 
REMOVED.—Section 241(a) of the Immigration and Na-
tionality Act (8 U.S.C. 1231(a)) is amended by adding at 
the end the following: 
‘‘(8) PROHIBITION ON REMOVAL OF CERTAIN 
VICTIMS WITH PENDING PETITIONS AND APPLICA-
TIONS.— 
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‘‘(A) IN GENERAL.—An alien described in 
subparagraph (B) shall not be removed under 
this section until there is a final administrative 
denial of the application for such status after 
the exhaustion of administrative appeals. 
‘‘(B) ALIENS DESCRIBED.—An alien is de-
scribed in this paragraph if the alien— 
‘‘(i) has a pending application under 
section 101(a)(15)(T), 101(a)(15)(U), 106, 
240A(b)(2), or 244(a)(3) (as in effect on 
March 31, 1997); or 
‘‘(ii) is a VAWA self-petitioner, as de-
fined in section 101(a)(51), with a pending 
application for relief under a provision re-
ferred to in one of subparagraphs (A) 
through (G) of such section. 
‘‘(C) EXCEPTION.—Paragraph (1) shall 
not apply in a case in which the Director of 
U.S. Citizenship and Immigration Services de-
termines that any of the circumstances de-
scribed in section 241(b)(3)(B) apply.’’. 
Æ 
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