H.R. 5145: WISE Act of 2023

Working for Immigrant Safety and Empowerment Act of 2023 or the WISE Act of 2023

This bill expands eligibility for U nonimmigrant visas (victims of criminal activity) and addresses related issues.

Generally, U visas are for victims of specified crimes (e.g., rape, trafficking, or domestic violence) who assist with the investigation or prosecution of the crime. The bill adds hate crimes, child abuse, and elder abuse as crimes that may qualify a victim for a U visa.  

Furthermore, the Department of Homeland Security (DHS) must provide work authorization to U visa applicants, whereas currently DHS may grant work authorization but is not required to do so.

The bill also eliminates the annual numerical cap on U visas. 

The bill establishes a rebuttable presumption that certain individuals, including U visa applicants and T visa (victims of human trafficking) applicants, shall not be detained while the application is pending.

Additionally, the bill provides immigration-related protections, such as by extending the admission period and providing work authorization, to the spouse or child of a nonimmigrant visa holder who subjected that spouse or child to battery or extreme cruelty.

Further, the bill prohibits, with some exceptions for exigent circumstances, U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection from conducting immigration enforcement actions within 1,000 feet of a school, health care facility, place of worship, or other location specified in the bill.