T Nonimmigrant Status (T Visa) is set aside for those who are or have been
victims of human trafficking and are willing to assist law enforcement in the
investigation or prosecution of acts of trafficking.
Background
In October 2000, Congress created the “T” nonimmigrant status by passing
the Victims of Trafficking and Violence Protection Act (VTVPA). The legislation
strengthens the ability of law enforcement agencies to investigate and
prosecute human trafficking, and also offer protection to victims.
Questions and Answers
Q. What Is Human Trafficking?
A. Human trafficking, also known as trafficking in
persons, is a form of modern-day slavery in which traffickers lure individuals
with false promises of employment and a better life. Traffickers often take advantage
of poor, unemployed individuals who lack access to social safety nets. The T
nonimmigrant visa allows victims to remain in the
United States to assist federal
authorities in the investigation and prosecution of human trafficking cases.
To consider a situation ‘trafficking’ depends on the type of work, and the
use of force, fraud, or coercion to obtain or maintain work.
Under Federal law, the term “severe forms of trafficking” can be broken into
two categories:
- Sex trafficking:
recruitment, harboring, transportation, provision, or obtaining of a
person for the purpose of a commercial sex act where the commercial sex
act is induced by force, fraud, or coercion, or the person being induced
to perform such act is under 18 years of age.
- Labor trafficking:
recruitment, harboring, transportation, provision, or obtaining of a
person for labor or services through the use of force, fraud, or coercion
for the purpose of involuntary servitude, peonage, debt bondage, or
slavery.
Q. Do Federal Laws Prohibit Trafficking In Persons?
A. Yes. The Thirteenth Amendment to the U.S.
Constitution outlaws slavery and involuntary servitude (holding another in
service through force or threats of force.) The Victims of Trafficking and
Violence Protection Act (VTVPA) supplements existing laws that apply to human
trafficking, including those passed to enforce the Thirteenth Amendment. The
VTVPA also establishes new tools and resources to combat trafficking in
persons, and provides an array of services and protections for victims of
severe forms of trafficking.
Q. Is There Any Immigration Relief Available For a
Victim of a Severe Form of Trafficking In Persons?
A. Yes. Victims of severe forms of human trafficking
are eligible for a T Nonimmigrant status (T visa). The T nonimmigrant visa
allows victims to remain in the
United
States to assist in the investigation or
prosecution of human traffickers. Once a T nonimmigrant visa is granted, a
victim can apply for permanent residence after three years.
Q. How Do You Become Eligible For T Nonimmigrant Status?
A. To qualify for T nonimmigrant status you must:
- Be or have been a victim of
severe trafficking in persons.
- Be physically present in the United States, American
Samoa, or the Commonwealth of the Northern
Mariana Islands, or at a port of entry on account of
trafficking.
- Comply with any reasonable
request from a law enforcement agency for assistance in the investigation
or prosecution of human trafficking.
- Demonstrate that you would suffer
extreme hardship involving severe and unusual harm if you were removed
from the United States.
If under the age of 18 at the time of the victimization, or if you are
unable to cooperate with a law enforcement request due to physical or
psychological trauma, you may qualify for the T nonimmigrant visa without
having to assist in investigation or prosecution.
You must also be admissible to the
United States or obtain a waiver of
admissibility.
Q. What is the Application Process to Obtain a T
Nonimmigrant Visa?
A. If you are a victim of a severe form of
trafficking, you must submit a Form I-914, Application for T Nonimmigrant
Status. The Form I-914 requests information regarding your eligibility for T
nonimmigrant status, as well as admissibility to the
United States. You must also
include a statement in your own words about your victimization. You may submit
a law enforcement agency endorsement using Form I-914, Supplement B,
Declaration of Law Enforcement Officer for Victim of Trafficking in Persons.
You also have the option to submit secondary evidence of compliance with
reasonable requests for assistance. This evidence may include: trial
transcripts, court documents; police reports, news articles and affidavits.
Q. Are There Fees That I Must Pay To Apply?
A. There is no fee to file a Form I-914,
Application for T Nonimmigrant Status. You may submit a Request for Fee
Waiver, Form I-912 (or a written request), for all other forms associated with
filing your Form I-914. For more information about fee waiver guidance, click
here.
Q. Can My Family Members Also Obtain T Nonimmigrant
Status?
A. Yes. Immediate family members are eligible for
derivative nonimmigrant status.
If the principle is ...
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Then...
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Under 21 years of age
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They may apply on behalf of spouse, children, parents and
unmarried siblings under age 18.
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21 years of age or older
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They may apply on behalf of spouse and children
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To apply for family members, you must submit a Form I-914 Supplement A,
Application for Immediate Family Member of T-1 Recipient. Your family member’s
application can be filed at the same time as you or at a later time.
Q. Are There a Limited Number of T Nonimmigrant Visas Given
Each Year?
A. Yes. Congress has limited the number of T
nonimmigrant visas granted each year to 5,000. This does not apply for family
derivative visas. Once the cap is reached, applicants will be placed on a
waiting list. This waiting list allows those applicants who cannot be granted a
visa due to the numerical limitation to obtain priority in the following year.
Q. Can I Legally Work in the United States If I Have T
Nonimmigrant Status?
A. Yes. When USCIS grants T nonimmigrant status, an
Employment Authorization Document (EAD) is granted at the same time. The
information for the EAD is generated from the Form I-914. There is no need to
file a Form I-765, Application for Employment Authorization, along with the
application for a T nonimmigrant status.
Q. How Long Am I Allowed to Remain in the United States
With My T Nonimmigrant Visa?
A. The T nonimmigrant visa is valid for four years
and a visa holder may be eligible to apply for permanent residence (Green Card)
after three years in a T nonimmigrant status.
Q. How Can I Apply For Permanent Residence (Green Card)?
A. You may apply for permanent residence by submitting
Form I-485, Application to Register Permanent Residence or Adjust Status. You
must have been lawfully admitted to the
United States as a T nonimmigrant
and must continue to hold such status at the time of application.
To qualify for permanent residence, you must:
- Be physically present in the United States
for a continuous period of at least three years in T nonimmigrant status,
or a continuous period during the investigation or prosecution of the acts
of trafficking, provided that the Attorney General has certified that the
investigation or prosecution is complete, whichever time is less.
- Maintain good moral character
during your stay in the United
States.
- Have complied with any
reasonable request for assistance in the investigation or
prosecution of acts of trafficking demonstrate extreme hardship
involving unusual and severe harm upon removal from the United States
or have been under 18 years of age at the time of the trafficking
victimization.
- Be admissible to the United States,
or obtain a waiver of admissibility.
You may apply for a green card after
you have held T nonimmigrant status for three years. If you file before meeting
the three year status requirement your application will be denied, unless you
have submitted a certification from the Attorney General that the investigation
or prosecution is complete.
Q. Is A Victim of Trafficking Eligible For Any Services And
Benefits?
A. Victims of trafficking may be eligible for a
number of federally funded benefits and services regardless of immigration
status if they have been certified by the U.S. Department of Health and Human
Services (HHS), Office of Refugee Resettlement (ORR). Once a victim has been
certified, they are eligible for the same services as a refugee. If the victim
is under the age of 18, he or she is eligible for certain benefits without the
requirement of certification.
Q. Are There Any Other Forms of Immigration Relief
Available to Victims of Trafficking?
A. Yes. Another status granted to victims of human
trafficking is U nonimmigrant status (U visa). To apply for a U visa, victims
must file a Form I-918, Petition for U Nonimmigrant Status. U visas are awarded
to people who have suffered substantial physical or mental abuse as a result of
having been a victim of specified criminal activity.