HB 1281 — An Act providing for duties of certifying officials and certifying agencies relating to the processing of certification form petitions.

PRINTER'S NO.   1453

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1281
                                                 Session of
                                                   2025

     INTRODUCED BY HOHENSTEIN, SANCHEZ, GIRAL, HILL-EVANS, PIELLI,
        RABB, WAXMAN, GUENST, BOYD, ISAACSON, CERRATO, D. WILLIAMS,
        OTTEN, FRIEL, RIVERA AND KINKEAD, APRIL 22, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, APRIL 22, 2025


                                      AN ACT
 1   Providing for duties of certifying officials and certifying
 2      agencies relating to the processing of certification form
 3      petitions.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6   Section 1.     Short title.
 7      This act shall be known and may be cited as the U
 8   Nonimmigrant Visa Act.
 9   Section 2.     Definitions.
10      The following words and phrases when used in this act shall
11   have the meanings given to them in this section unless the
12   context clearly indicates otherwise:
13      "Certification form."      The United States Citizenship and
14   Immigration Services Federal form I-918, Supplement B, U
15   Nonimmigrant Status Certification, including any successor form,
16   which:
17            (1)   is required under 8 U.S.C. § 1184(p)(1) (relating to
18      admission of nonimmigrants) and 8 CFR 214.14(c)(2)(i)
 1      (relating to alien victims of certain qualifying criminal
 2      activity); and
 3          (2)   confirms that a qualifying criminal activity has
 4      occurred and the victim of a qualifying criminal activity was
 5      helpful, is helpful or is likely to be helpful to a
 6      certifying agency in the detection, investigation or
 7      prosecution of the qualifying criminal activity.
 8      "Certifying agency."   Any of the following:
 9          (1)   The Pennsylvania State Police.
10          (2)   A local law enforcement agency with jurisdiction.
11          (3)   A judicial office.
12          (4)   A prosecutor's office.
13          (5)   An agency that has criminal investigative
14      jurisdiction in the agency's respective areas of expertise.
15      "Certifying official."   The head of a certifying agency or an
16   individual who has been specifically designated by the head of a
17   certifying agency to provide certification forms on behalf of
18   the certifying agency.
19      "Immigration representative accredited by the United States
20   Department of Justice."   An individual who meets all of the
21   following criteria:
22          (1)   Is accredited by the United States Department of
23      Justice to represent individuals before the Board of
24      Immigration Appeals, a Federal immigration proceeding or the
25      United States Department of Homeland Security.
26          (2)   Works for a specific nonprofit, religious,
27      charitable, social service or similar organization that has
28      been recognized by the United States Department of Justice to
29      represent the individuals specified under paragraph (1).
30          (3)   Has accreditation under paragraph (1) in good

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 1      standing.
 2      "Judicial office."     An office of any of the following:
 3          (1)     A judge of the court of common pleas.
 4          (2)     A judge of the Commonwealth Court.
 5          (3)     A judge of the Superior Court.
 6          (4)     A justice of the Supreme Court.
 7          (5)     A magisterial district judge.
 8          (6)     A judge of the Pittsburgh Magistrates Court.
 9          (7)     A judge of the Philadelphia Municipal Court.
10          (8)     A master appointed by a judge of a court of common
11      pleas.
12      "Legal representative."    Any of the following who represents
13   the interests of a petitioner:
14          (1)     An immigration representative accredited by the
15      United States Department of Justice.
16          (2)     A licensed attorney.
17          (3)     A parent or legal guardian in the case of a child or
18      an incapacitated or incompetent individual.
19          (4)     A domestic violence counselor/advocate as defined in
20      23 Pa.C.S. § 6102 (relating to definitions).
21          (5)     A sexual assault counselor as defined in 42 Pa.C.S.
22      § 5945.1 (relating to confidential communications with sexual
23      assault counselors).
24          (6)     Any other third party appointed by the petitioner.
25      "Petitioner."    An individual who submits a certification form
26   petition under this act.
27      "Prosecutor's office."    An office of any of the following:
28          (1)     The Attorney General.
29          (2)     A deputy attorney general.
30          (3)     A district attorney.

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 1             (4)   An assistant district attorney.
 2      "Qualifying criminal activity."       As defined in 8 CFR
 3   214.14(a)(9).
 4      "U visa."      The U nonimmigrant visa available to an individual
 5   who meets all of the following criteria:
 6             (1)   Is a victim of a qualifying criminal activity that
 7      occurred in the United States or was otherwise in violation
 8      of Federal or State law.
 9             (2)   Suffered substantial physical or mental abuse as a
10      result of the qualifying criminal activity.
11             (3)   Was helpful, is helpful or is likely to be helpful
12      to a certifying agency in the detection, investigation or
13      prosecution of the qualifying criminal activity.
14      "Victim of a qualifying criminal activity."       As defined in 8
15   CFR 214.14(a)(14).
16   Section 3.      Duties of certifying officials.
17      (a)    Duties.--A certifying official shall have the following
18   duties:
19             (1)   Respond to a certification form petition that is
20      received by the certifying agency.
21             (2)   In collaboration with a subject matter expert on
22      certification forms and violence against immigrants, develop
23      a protocol for a certification form petition and make the
24      protocol publicly accessible to a victim of a qualifying
25      criminal activity, the legal representative of the victim of
26      a qualifying criminal activity or other person upon request.
27      The certifying official shall post the protocol developed
28      under this paragraph on a publicly accessible Internet
29      website.
30             (3)   Maintain a written record or an electronic record of

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 1      a certification form petition and the response to the
 2      petition by the certifying agency.
 3            (4)   Develop or implement the certifying agency's
 4      language access protocol for a non-English-speaking victim of
 5      a qualifying criminal activity.
 6            (5)   Upon receipt of the certification form by a
 7      petitioner or the petitioner's legal representative,
 8      authorize the certification form when the certifying official
 9      determines that the petitioner:
10                  (i)    was a victim of a qualifying criminal activity;
11                  (ii)    possesses information about the qualifying
12            criminal activity; and
13                  (iii)    was helpful, is helpful or is likely to be
14            helpful to the certifying agency in the detection,
15            investigation or prosecution of the qualifying criminal
16            activity.
17      (b)   Consideration.--For the purpose of determining whether a
18   petitioner meets the requirements for a certification form under
19   subsection (a)(5), the following shall apply:
20            (1)   A certifying official shall not consider any of the
21      following:
22                  (i)    The period of time between when the petitioner
23            was a victim of a qualifying criminal activity and when
24            the petitioner submitted the petition for a certification
25            form.
26                  (ii)    Whether there is an active investigation of the
27            qualifying criminal activity.
28                  (iii)    Whether a formal statement of charges has been
29            filed regarding the qualifying criminal activity.
30                  (iv)    Whether there was a prosecution or conviction

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 1            of the qualifying criminal activity.
 2            (2)   There shall be a rebuttable presumption that a
 3      petitioner meets the requirement under subsection (a)(5)(i)
 4      if the petitioner has cooperated or provided information or
 5      other assistance reasonably requested by a certifying agency.
 6      During the initial outreach with a petitioner to seek
 7      information or other assistance under this paragraph, the
 8      certifying agency shall make a reasonable effort to
 9      communicate with the petitioner in the petitioner's native
10      language. The inability of the certifying agency to
11      communicate with a petitioner due to the petitioner's native
12      language, or the petitioner's lack of response during the
13      initial outreach due to the communication being conducted
14      solely in English, shall not be considered a refusal or
15      failure to provide information or other assistance under this
16      paragraph.
17      (c)   Authorization.--Upon determining that a petitioner meets
18   the requirements under subsection (a)(5), a certifying official
19   shall authorize the certification form by completing and signing
20   the certification form. If applicable, the certifying official
21   shall include all of the following information in the
22   certification form:
23            (1)   The details regarding the nature of the qualifying
24      criminal activity being investigated or prosecuted.
25            (2)   A description of the helpfulness or likely
26      helpfulness of the victim of the qualifying criminal activity
27      to the detection, investigation or prosecution of the
28      qualifying criminal activity.
29      (d)   Withdrawal.--A certifying agency may only withdraw the
30   certification form if the victim of the qualifying criminal

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 1   activity refuses to provide information or other assistance
 2   reasonably requested by a certifying agency.
 3   Section 4.     Processing of certification form petitions.
 4      (a)   Process.--
 5            (1)   Except as provided under paragraph (2), no later
 6      than 30 days after receipt of a certification form petition,
 7      a certifying agency shall process the petition. A petitioner
 8      may request an expedited time period for the certifying
 9      agency to process a certification form petition, which shall
10      be processed no later than 14 days after receipt of the
11      petition, if the petitioner or the legal representative of
12      the petitioner under subsection (b) affirmatively establishes
13      all of the following:
14                  (i)    The petitioner is in a Federal removal
15            proceeding or has a final order of removal.
16                  (ii)    The petitioner provides documentation that the
17            petitioner or the petitioner's child or sibling would
18            become ineligible for benefits under 8 U.S.C. § 1184(o)
19            and (p) (relating to admission of nonimmigrants) by
20            virtue of the petitioner or the petitioner's child
21            becoming 21 years of age or the petitioner's sibling
22            becoming 18 years of age.
23                  (iii)    The petitioner has a deadline to respond to a
24            request for additional evidence from the United States
25            Citizenship and Immigration Services.
26            (2)   A certifying official may extend the time period by
27      which a certification form petition must be processed under
28      paragraph (1) only upon written agreement with the petitioner
29      or the legal representative of the petitioner under
30      subsection (b).

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 1      (b)   Legal representatives.--A legal representative of a
 2   petitioner may submit a certification form petition to a
 3   certifying agency if the petitioner:
 4            (1)   was under 16 years of age on the date that a
 5      qualifying criminal activity first occurred and the legal
 6      representative has been helpful to the certifying agency in
 7      the detection, investigation or prosecution of the qualifying
 8      criminal activity; or
 9            (2)   is incapacitated or incompetent and the legal
10      representative has been helpful to the certifying agency in
11      the detection, investigation or prosecution of the qualifying
12      criminal activity.
13      (c)   Reports.--
14            (1)   Upon a certifying official completing and signing
15      the certification form under section 3(c), the certifying
16      agency shall return, without a fee or charge, the signed
17      certification form to the victim of the qualifying criminal
18      activity and release each relevant page of a report relating
19      to the qualifying criminal activity, unless already provided
20      by a law enforcement agency under paragraph (2). The
21      certifying agency shall have the discretion on when to
22      release each relevant page of a report relating to the
23      qualifying criminal activity.
24            (2)   Within 14 days of a request by a victim of a
25      qualifying criminal activity or a legal representative of the
26      victim of a qualifying criminal activity, a law enforcement
27      agency with whom the victim of a qualifying criminal activity
28      filed a report relating to the qualifying criminal activity
29      shall provide a copy of the report to the victim of a
30      qualifying criminal activity or the legal representative of

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 1      the victim of a qualifying criminal activity.
 2   Section 5.     Confidentiality of immigration status.
 3      A certifying official or certifying agency may not disclose
 4   the immigration status of a victim of a qualifying criminal
 5   activity or a petitioner, except to comply with Federal law or
 6   as authorized by the victim of a qualifying criminal activity or
 7   petitioner.
 8   Section 6.     Denial of certification forms.
 9      (a)   Notice of denial.--If a certifying official denies the
10   authorization of a certification form under section 3(c), the
11   certifying official shall provide a written notice to the
12   petitioner explaining how the available evidence does not
13   support a finding that the petitioner meets the requirements for
14   a certification form under section 3(a)(5). Except in the case
15   of an expedited time period to process a certification form
16   petition under section 4(a)(1), the certifying official shall
17   provide the written notice under this subsection to the
18   petitioner within 30 days of receipt of the petition. The
19   certifying official shall state the reasons for the denial in
20   the written notice under this subsection, including any of the
21   following reasons:
22            (1)   Lack of jurisdiction over the certification form
23      request due to the certifying agency not having been involved
24      in the detection, investigation or prosecution of the
25      qualifying criminal activity. If the denial is for the reason
26      specified under this paragraph, the certifying official shall
27      refer the petitioner to the appropriate certifying official
28      within 30 days of providing the written notice under this
29      subsection. If the certifying official fails to refer the
30      petitioner to the appropriate certifying official within the

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 1      30-day period specified under this paragraph, the certifying
 2      official shall authorize the certification form in accordance
 3      with section 3(c) or provide a subsequent written notice to
 4      the petitioner stating another reason for the denial.
 5            (2)   The petitioner was not a victim of a qualifying
 6      criminal activity.
 7            (3)   Lack of helpfulness, including documented instances
 8      of failure or refusal to comply with reasonable requests for
 9      information or other assistance.
10      (b)   Review.--Upon receiving written notice under subsection
11   (a), the petitioner or the legal representative of the
12   petitioner may provide supplemental information to the
13   certifying agency and request that the petition be reviewed by
14   the certifying agency.
15      (c)   Consideration.--In reviewing a petition under subsection
16   (b), a certifying agency may consider only the factors specified
17   under subsection (a) when deciding whether to authorize a
18   certification form.
19      (d)   Notice.--If, after authorizing a certification form, a
20   certifying official or certifying agency determines that the
21   recipient of the certification form was not the victim of a
22   qualifying criminal activity or the recipient unreasonably
23   refuses to assist in the detection, investigation or prosecution
24   of the qualifying criminal activity, the certifying official or
25   certifying agency may provide written notice of the
26   determination to the United States Citizenship and Immigration
27   Services.
28   Section 7.     Training program for certifying agencies and
29                  certifying officials.
30      In collaboration with subject matter experts on certification

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 1   forms and violence against immigrants, a certifying agency shall
 2   provide an annual training program to certifying officials for
 3   the purposes of effectuating this act. The training program
 4   shall be compulsory and include all of the following subjects:
 5            (1)   The impacts of qualifying criminal activities on
 6      victims of a qualifying criminal activity and their safety.
 7            (2)   Compliance with certification form protocols.
 8            (3)   The roles of certifying officials.
 9            (4)   Collaborations with victim service providers and
10      immigrant advocacy providers.
11   Section 8.     Construction.
12      (a)   U visas.--The authorization of a certification form
13   under this act shall not be construed as sufficient evidence
14   that an applicant for a U visa has met all eligibility
15   requirements for a U visa or guarantee the applicant will
16   receive Federal immigration relief.
17      (b)   Limitation.--Nothing in this act shall be construed to
18   limit the manner in which a certifying officer or certifying
19   agency describes whether a victim of a qualifying criminal
20   activity has cooperated or has been helpful to the certifying
21   official or the certifying agency during a Federal immigration
22   proceeding regarding a U visa.
23   Section 9.     Effective date.
24      This act shall take effect in 60 days.




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