                                 CODE OF VIRGINIA

DEFINITIONS (§ 9.1-1500)

As used in this chapter, unless the context requires a different meaning:
		&#8220;Certification form&#8221; means a certification form or declaration
completed by a certifying agency that is required by federal immigration law
certifying that a person is a victim of qualifying criminal activity. Such form
or declaration may include any information required (i) by 8 U.S.C. § 1184(p),
including the current United States Citizenship and Immigration Services Form
I-918, Supplement B, or any successor form for purposes of obtaining a U visa,
or (ii) by 8 U.S.C. § 1184(o), including the current United States Citizenship
and Immigration Services Form I-914, Supplement B, or any successor form for
purposes of obtaining a T visa.
		&#8220;Certifying agency&#8221; means a state or local law-enforcement agency,
an attorney for the Commonwealth, the Attorney General, or any other agency or
department employing law-enforcement officers as defined in § 9.1-101 that has
responsibility for the investigation or prosecution of a qualifying criminal
activity.
		&#8220;Certifying official&#8221; means the head of the certifying agency, a
law-enforcement officer as defined in § 9.1-101, or any person employed by a
certifying agency in a supervisory role who has been specifically designated by
the head of the certifying agency to issue U nonimmigrant status certifications
on behalf of that agency. A certifying official may act on behalf of his
employing certifying agency or on behalf of another certifying agency through an
agreement with the other certifying agency. Each certifying agency shall
designate at least one certifying official for its agency.
		&#8220;Qualifying criminal activity&#8221; means any activity, regardless of
the stage of detection, investigation, or prosecution, designated in 8 U.S.C. §
1101(a)(15)(U)(iii), or in any implementing federal regulations, supplementary
information, guidance, and instructions.
		&#8220;Victim of qualifying criminal activity&#8221; means a person described
in 8 U.S.C. § 1101(a)(15)(U)(i)(III), in the definition of &#8220;victim of a
severe form of trafficking&#8221; in 22 U.S.C. § 7102(11), or in any
implementing federal regulations, supplementary information, guidance, and
instructions.

HISTORY: 2021, Sp. Sess. I, c. 468.