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

Bill Text

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
Providing for duties of certifying officials and certifying
agencies relating to 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)
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(relating to alien victims of certain qualifying criminal
activity); and
(2) confirms that a qualifying criminal activity has
occurred and the victim of a qualifying criminal activity 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).
(3) Has accreditation under paragraph (1) in good
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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 Magistrates 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.
(3) A district attorney.
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(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.
"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 ex