Support for immigrant workers: Certification in support of a U or T visa application

The Minnesota Department of Labor and Industry’s (DLI’s) Labor Standards Division protects all Minnesota workers regardless of immigration status, but immigrant workers may not feel safe assisting with enforcement actions against their past or current employer. Depending on an immigrant worker’s situation, DLI may be able to issue a certification in support of a U or T visa application.

What is a U or T visa?

U and T visas issued by the United States Citizenship and Immigration Services are intended to encourage immigrant communities to report crimes and instances of trafficking. DLI investigates complaints and conducts labor investigations involving workers in industries and sectors known to be vulnerable to labor trafficking and other crimes. 

U and T visas provide immigration benefits to victims who have been helpful, are helpful or will be helpful in the detection, investigation, prosecution, conviction or sentencing of certain qualifying crimes and human trafficking.

A certification is required to apply for a U visa (optional for a T visa). DLI may sign certifications for both U and T visas and will consider requests for certifications on a case-by-case basis.

A certification from DLI does not grant an immigration benefit; it may be used as part of an application for a U or T visa to United States Citizenship and Immigration Services, who issues a decision whether to grant an immigration benefit. 

How do I submit a U or T visa certification request?

Requests can be sent via email to utrequests.dli@state.mn.us, dropped off or mailed to Department of Labor and Industry, Attn: Labor Standards Division, U and T certification request, 443 Lafayette Road N., St. Paul, MN 55155

Requests must include:

• completion of Part 1 only for:

  • form I-914, Supplement B for T-visa certification requests; and/or

  • form I-918, Supplement B for U-visa certification requests.

• a cover letter explaining how the individual is a victim of a qualifying crime or a severe form of trafficking in persons and how the victim has cooperated with DLI

Requests made by someone other than workers must include a signed release of information. Note:  Submitting requests through an immigration attorney is strongly encouraged.

What should I expect after a certification request is submitted?

When a request is submitted, DLI will respond within three business days to confirm receipt and follow up according to statutory requirements (Minnesota Statutes § 611A.95).

Note:  The documents and information related to the certification request are private and not available to the public. They are protected by certain laws (Minn. § 611A.95 and Minn. Stat. § 13.02) and will not be shared unless the law requires it.

What else should I know before submitting a certification request?

DLI will take some of your information to determine if they can sign a certification and to complete the required form for the United States Citizenship and Immigration Services. You do not have to provide your information, but if you do not, then DLI may not be able to complete the form as required and may be unable to determine if they are able to sign a certification.

The information you provide about yourself is private. It will be accessed by employees of DLI’s Labor Standards Division. The information you provide may also be released to others who have authority to review it, including other individuals within DLI, the Minnesota Attorney General’s Office, federal agencies, courts, the legislative auditor and any other individual or entity authorized by law. 

For minors under 18:  Because you are not an adult, your parents may have access to the information you share. However, you have the right to request that DLI not share information with your parents. If you make a request, DLI will determine whether your parents or guardians are allowed to request and receive any of the information you share with DLI.