Applications for S nonimmigrant visa classification may be made by Federal, State, or local law enforcement agencies or by a court. United States Attorney's Offices are considered to be law enforcement agencies for purposes of this Program. Applications may be made for aliens who are in other countries awaiting entry into the United States, or for aliens who are already in this country but who are subject to deportation.
To apply for S visa classification on behalf of an eligible alien, a sponsoring law enforcement agency must complete a Form I-854 and a worksheet prepared by the Office of Enforcement Operations (OEO), together with the supporting documents specified in those forms. The forms can be obtained from the OEO or from a federal law enforcement agency's S visa program coordinator. As part of Form I-854, adult aliens must execute a certification that they have knowingly waived their rights to a deportation hearing and to contest, other than on the basis of an application for withholding of deportation, any deportation action, including detention pending deportation, instituted before lawful permanent resident status is obtained. The Form I-854 must be signed by a high-level official in the headquarters of the sponsoring law enforcement agency, and by the United States Attorney in all cases in which a United States Attorney's Office is involved. In the case of State and local investigations and prosecutions, the United States Attorney in the Federal district in which the State or local investigation or prosecution has been initiated must agree to the request and sign the Form I-854 in order to ensure that the proposed action will not interfere with any Federal interest.
Federal investigative agencies should file applications through the S visa coordinator in the Headquarters office of those agencies. Completed applications are forwarded to and reviewed by the Office of Enforcement Operations.
[updated July 2011] [cited in USAM 9-72.100]