The Violent Crime Control and Law Enforcement Act of 1994 established the S visa for persons providing information to law enforcement authorities. The application requires evidence of the applicant’s cooperation, the need for her presence, grounds of inadmissibility, and factors warranting favorable exercise of discretion. The application may only be filed by a state or Federal law enforcement agency.

The process involves filing with the Assistant Attorney General who will then certify it and forward it to the ICE Commissioner. The U.S. attorney as well as the highest level of state or federal law enforcement agency must endorse the application. If the case is approved, the S applicant must report quarterly to the law enforcement agency and also report any change in telephone number, address and travel plans.

S-1 Visa: A person who possesses critical reliable information regarding a criminal organization or enterprise who is willing to provide or has provided such information to federal or state law enforcement authorities or court and whose presence in the U.S. is determined by the Attorney General to be essential to the success of an authorized criminal investigation or prosecution may be issued an S-1 visa. There are 200 available visas per year.

S-2 Visa: A person who the Secretary of State and the Attorney General jointly determine possesses critical reliable information concerning a terrorist organization, enterprise or operation, is willing to supply or has supplied such information to federal law enforcement authorities or federal court; will be or has been placed in danger as a result of providing such information; and is eligible to receive an award under 22 U.S.C. §2708(a). There are 50 visas available per year.

The maximum admission period is 3 years with no extensions available. Both categories must report to law enforcement. Spouse, married or unmarried children and parents may accompany or follow to join if authorities deem it appropriate. All may adjust status (green card) if the provision of information has substantially contributed to the success of the investigation, and in the case of S-2s, has also resulted in receiving a reward.