Regular Session 2023-2024 House Bill 1371 P.N. 2788

PRIOR PRINTER'S NO. 1525

PRINTER'S NO. 2788

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1371

Session of

2023

INTRODUCED BY HOHENSTEIN, MIHALEK, BURGOS, MADDEN, RABB,

SANCHEZ, HILL-EVANS, KINSEY, GUENST, KHAN, CERRATO, GREEN,

PROBST, WAXMAN, ISAACSON AND KENYATTA, JUNE 12, 2023

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,

MARCH 25, 2024

AN ACT

Providing for duties of certifying officials and certifying

agencies regarding the processing of certification form

petitions.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Short title.

This act shall be known and may be cited as the U

Nonimmigrant Visa Act.

Section 2. Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Certification form." The United States Citizenship and

Immigration Services Federal form I-918, Supplement B, U

Nonimmigrant Status Certification, including any successor form,

which:

(1) is required under 8 U.S.C. § 1184(p)(1) (relating to

admission of nonimmigrants) and 8 CFR 214.14(c)(2)(i)

(relating to alien victims of certain qualifying criminal

activity); and

(2) confirms that a qualifying criminal activity has

occurred and the victim was helpful, is helpful or is likely

to be helpful to a certifying agency in the detection,

investigation or prosecution of the qualifying criminal

activity.

"Certifying agency." Any of the following:

(1) The Pennsylvania State Police.

(2) A local law enforcement agency with jurisdiction.

(3) A judicial office.

(4) A prosecutor's office.

(5) An agency that has criminal investigative

jurisdiction in the agency's respective areas of expertise.

"Certifying official." The head of a certifying agency or an

individual who has been specifically designated by the head of a

certifying agency to provide certification forms on behalf of

the certifying agency.

"Immigration representative accredited by the United States

Department of Justice." An individual who meets all of the

following criteria:

(1) Is accredited by the United States Department of

Justice to represent individuals before the Board of

Immigration Appeals, a Federal immigration proceeding or the

United States Department of Homeland Security.

(2) Works for a specific nonprofit, religious,

charitable, social service or similar organization that has

been recognized by the United States Department of Justice to

represent the individuals specified under paragraph (1).

20230HB1371PN2788 - 2 -

(3) Has accreditation under paragraph (1) in good

standing.

"Judicial office." An office of any of the following:

(1) A judge of the court of common pleas.

(2) A judge of the Commonwealth Court.

(3) A judge of the Superior Court.

(4) A justice of the Supreme Court.

(5) A magisterial district judge.

(6) A judge of the Pittsburgh Magistrate's Court.

(7) A judge of the Philadelphia Municipal Court.

(8) A master appointed by a judge of a court of common

pleas.

"Legal representative." Any of the following who represents

the interests of a petitioner:

(1) An immigration representative accredited by the

United States Department of Justice.

(2) A licensed attorney.

(3) A parent or legal guardian in the case of a child or

an incapacitated or incompetent individual.

(4) A domestic violence counselor/advocate as defined in

23 Pa.C.S. § 6102 (relating to definitions).

(5) A sexual assault counselor as defined in 42 Pa.C.S.

§ 5945.1 (relating to confidential communications with sexual

assault counselors).

(6) Any other third party appointed by the petitioner.

"Petitioner." An individual who submits a certification form

petition under this act.

"Prosecutor's office." An office of any of the following:

(1) The Attorney General.

(2) A deputy attorney general.

20230HB1371PN2788 - 3 -

(3) A district attorney.

(4) An assistant district attorney.

"Qualifying criminal activity." As defined in 8 CFR

214.14(a)(9).

"U visa." The U nonimmigrant visa available to an individual

who meets all of the following criteria:

(1) Is a victim of a qualifying criminal activity that

occurred in the United States or was otherwise in violation

of Federal or State law.

(2) Suffered substantial physical or mental abuse as a

result of the qualifying criminal activity.

(3) Was helpful, is helpful or is likely to be helpful

to a certifying agency in the detection, investigation or

prosecution of the qualifying criminal activity. THE CRITERIA

IN 8 U.S.C. § 1101(A)(15)(U) (RELATING TO DEFINITIONS).

"Victim of a qualifying criminal activity." As defined in 8

CFR 214.14(a)(14).

Section 3. Duties of certifying officials.

(a) Duties.--A certifying official shall have the following

duties:

(1) Respond to a certification form petition that is

received by the certifying agency.

(2) In collaboration with a subject matter expert on

certification forms and violence against immigrants, develop

a protocol for a certification form petition and make the

protocol publicly accessible to a victim of a qualifying

criminal activity, the victim's legal representative or other

person upon request. The certifying official shall post the

protocol developed under this paragraph on a publicly

accessible Internet website.

20230HB1371PN2788 - 4 -

<--

(3) Maintain a written record or an electronic record of

a certification form petition and the response to the

petition by the certifying agency.

(4) Develop or AND implement the certifying agency's

language access protocol for a non-English-speaking victim of

a qualifying criminal activity.

(5) Upon receipt of the certification form by a

petitioner or the petitioner's legal representative,

authorize the certification form when the certifying official

determines that the petitioner:

(i) was a victim of a qualifying criminal activity;

(ii) possesses information about the qualifying

criminal activity; and

(iii) was helpful, is helpful or is likely to be

helpful to the certifying agency in the detection,

investigation or prosecution of the qualifying criminal

activity.

(b) Consideration.--For the purpose of determining whether a

petitioner meets the requirements for a certification form under

subsection (a)(5), the following shall apply:

(1) A certifying official shall not consider any of the

following:

(i) The period of time between when the petitioner

was victimized by the qualifying criminal activity and

when the petitioner submitted the petition for a

certification form.

(ii) Whether there is an active investigation of the

qualifying criminal activity.

(iii) Whether a formal statement of charges has been

filed regarding the qualifying criminal activity.

20230HB1371PN2788 - 5 -

<--

(iv) Whether there was a prosecution or conviction

of the qualifying criminal activity.

(2) There shall be a rebuttable presumption that a

petitioner meets the requirement under subsection (a)(5)(i)

(A)(5)(III) if the petitioner has not refused or failed to

provide information or other assistance reasonably requested

by a certifying agency. During the initial outreach with a

petitioner to seek information or other assistance under this

paragraph, the certifying agency shall make a reasonable

effort to communicate with the petitioner in the petitioner's

native language. The inability of the certifying agency to

communicate with a petitioner due to the petitioner's native

language, or the petitioner's lack of response during the

initial outreach due to the communication being conducted

solely in English, shall not be considered a refusal or

failure to provide information or other assistance under this

paragraph.

the requirements under subsection (a)(5), a certifying official

shall authorize the certification form by completing and signing

the certification form. If applicable, the certifying official

shall include all of the following information in the

certification form:

(1) The details regarding the nature of the qualifying

criminal activity being investigated or prosecuted.

(2) A description of the helpfulness or likely

helpfulness of the victim of the qualifying criminal activity

to the detection, investigation or prosecution of the

qualifying criminal activity.

(d) Withdrawal.--A certifying agency may only withdraw the

20230HB1371PN2788 - 6 -

<--

certification form if the victim of the qualifying criminal

activity refuses to provide information or other assistance

reasonably requested by a certifying agency.

Section 4. Processing of certification form petitions.

(a) Process.--

(1) Except as provided under paragraph (2), no later

than 30 days after receipt of a certification form petition,

a certifying agency shall process the petition. A petitioner

may request an expedited time period for the certifying

agency to process a certification form petition, which shall

be processed no later than 14 days after receipt of the

petition, if the petitioner or the legal representative of

the petitioner under subsection (b) affirmatively establishes

all ANY of the following:

(i) The petitioner is in a Federal removal

proceeding or has a final order of removal.

(ii) The petitioner provides documentation that the

petitioner or the petitioner's child or sibling would

become ineligible for benefits under 8 U.S.C. § 1184(p)

and (o) (relating to admission of nonimmigrants) by

virtue of the petitioner or the petitioner's child

becoming 21 years of age or the petitioner's sibling

becoming 18 years of age.

(iii) The petitioner has a deadline to respond to a

request for additional evidence from the United States

Citizenship and Immigration Services.

(2) A certifying official may extend the time period by

which a certification form petition must be processed under

paragraph (1) only upon written agreement with the petitioner

or the legal representative of the petitioner under

20230HB1371PN2788 - 7 -

<--

subsection (b).

(b) Legal representatives.--A legal representative of a

petitioner may submit a certification form petition to a

certifying agency if the petitioner:

(1) was under 16 years of age on the date that a

qualifying criminal activity first occurred and the legal

representative has been helpful to the certifying agency in

the detection, investigation or prosecution of the qualifying

criminal activity; or

(2) is incapacitated or incompetent and the legal

representative has been helpful to the certifying agency in

the detection, investigation or prosecution of the qualifying

criminal activity.

(1) Upon a certifying official completing and signing

the certification form under section 3(c), the certifying

agency shall return, without a fee or charge, the signed

certification form to the victim of the qualifying criminal

activity and release each relevant page of a report relating

to the qualifying criminal activity, unless already provided

by a law enforcement agency under paragraph (2). The

certifying agency shall have the discretion on when to

release each relevant page of a report relating to the

qualifying criminal activity.

(2) Upon request by a victim of a qualifying criminal

activity or a legal representative of the victim, a law

enforcement agency with whom the victim filed a report

relating to the qualifying criminal activity shall provide a

copy of the report within 14 days of the request to the

victim or the legal representative of the victim.

20230HB1371PN2788 - 8 -

Section 5. Confidentiality of immigration status.

A certifying official or certifying agency may not disclose

the immigration status of a victim of a qualifying criminal

activity or a petitioner, except to comply with Federal law or

as authorized by the victim or petitioner.

Section 6. Denial of certification forms.

(a) Notice of denial.--If a certifying official denies the

authorization of a certification form under section 3(c), the

certifying official shall provide a written notice to the

petitioner explaining how the available evidence does not

support a finding that the petitioner meets the requirements for

a certification form under section 3(a)(5). Except in the case

of an expedited time period to process a certification form

petition under section 4(a)(1), the certifying official shall

provide the written notice under this subsection to the

petitioner within 30 days of receipt of the petition. The

certifying official shall state the reasons for the denial in

the written notice under this subsection, including any of the

following reasons:

(1) Lack of jurisdiction over the certification form

request due to the certifying agency not having been involved

in the detection, investigation or prosecution of the

qualifying criminal activity. If the denial is for the reason

specified under this paragraph, the certifying official shall

refer the petitioner to the appropriate certifying official

within 30 days of providing the written notice under this

subsection. If the certifying official fails to refer the

petitioner to the appropriate certifying official within the

30-day period specified under this paragraph, the certifying

official shall authorize the certification form in accordance

20230HB1371PN2788 - 9 -

with section 3(c) or provide a subsequent written notice to

the petitioner stating another reason for the denial.

(2) The petitioner was not a victim of a qualifying

criminal activity.

(3) Lack of helpfulness, including documented instances

of failure or refusal to comply with reasonable requests for

information or other assistance. THE PETITIONER HAS REFUSED

OR FAILED TO PROVIDE INFORMATION OR OTHER ASSISTANCE

REASONABLY REQUESTED BY A CERTIFYING AGENCY UNDER SECTION

4(A)(1)(II). IF THE DENIAL IS FOR THIS REASON, THE NOTICE OF

DENIAL SHALL INCLUDE INFORMATION ABOUT THE SPECIFIC

DOCUMENTED INSTANCES OF THE PETITIONER'S REFUSAL OR FAILURE.

(b) Review.--Upon receiving written notice under subsection

(a), the petitioner or the legal representative of the

petitioner may provide supplemental information to the

certifying agency and request that the petition be reviewed by

the certifying agency.

(b), a certifying agency may not consider any other factors not

specified under subsection (a) when deciding whether to

authorize a certification form.

(d) Notice.--If, after authorizing a certification form, a

certifying official or certifying agency determines that the

recipient of the certification form was not the victim of a

qualifying criminal activity or the recipient unreasonably

refuses to assist in the detection, investigation or prosecution

of the qualifying criminal activity, the certifying official or

certifying agency may provide written notice of the

determination to the United States Citizenship and Immigration

Services.

20230HB1371PN2788 - 10 -

<--

Section 7. Training program for certifying agencies and

certifying officials.

In collaboration with subject matter experts on certification

forms and violence against immigrants, a certifying agency shall

provide an annual training program to certifying officials for

the purposes of effectuating this act. The training program

shall be compulsory and include all of the following subjects:

(1) The impacts of qualifying criminal activities on

victims and their safety.

(2) Compliance with certification form protocols.

(3) The roles of certifying officials.

(4) Collaborations with victim service and immigrant

advocacy providers.

Section 8. Construction.

(a) U visas.--The authorization of a certification form

under this act shall not be construed as sufficient evidence

that an applicant for a U visa has met all eligibility

requirements for a U visa or guarantee the applicant will

receive Federal immigration relief.

(b) Limitation.--Nothing in this act shall be construed to

limit the manner in which a certifying officer or certifying

agency describes whether a victim of a qualifying criminal

activity has cooperated or has been helpful to the certifying

official or the certifying agency during a Federal immigration

proceeding regarding a U visa.

Section 9. Effective date.

This act shall take effect in 60 days.

20230HB1371PN2788 - 11 -