T Nonimmigrant Status: Immigration Protection for Victims of Human Trafficking

What Is Human Trafficking Under Federal Law?

A "severe form of trafficking in persons" includes:

• Sex trafficking: Recruiting, harboring, transporting, providing, soliciting, patronizing, or obtaining a person for a commercial sex act induced by force, fraud, or coercion, or where the person is under 18 years old; or
• Labor trafficking: Recruiting, harboring, transporting, providing, or obtaining a person for labor or services through force, fraud, or coercion for involuntary servitude, peonage, debt bondage, or slavery.

Eligibility for T Nonimmigrant Status

You may be eligible if you:

• Are or were a victim of a severe form of trafficking as defined above;
• Are physically present in the United States, American Samoa, the CNMI, or at a port of entry because you were trafficked;
• Complied with any reasonable law enforcement request for assistance in detection, investigation, or prosecution of human trafficking (unless you were under 18 at the time of at least one act of trafficking, or you are unable to cooperate due to physical or psychological trauma);
• Would suffer extreme hardship involving unusual and severe harm if removed from the United States; and
• Are admissible (if not, you may apply for a waiver using Form I-192).

Applying for T Nonimmigrant Status

Submit Form I-914, Application for T Nonimmigrant Status, including a personal statement describing the trafficking. Include evidence of cooperation with law enforcement, or a qualifying exemption — Form I-914, Supplement B (Declaration for Trafficking Victim, for law enforcement use) may be submitted, but other credible evidence such as police reports, trial transcripts, court documents, or news articles is also acceptable. T nonimmigrant applications and all related forms are fee-exempt through adjustment of status.

A safe address may be used if you are not safe receiving USCIS mail at home. Information is strictly confidential — DHS may not deny your application based on evidence provided solely by your trafficker (with limited statutory exceptions).

Bona Fide Determination Process

Effective August 28, 2024, USCIS implemented a modified bona fide determination process for applications filed on or after that date. USCIS may provide deferred action and employment authorization to applicants with pending bona fide T nonimmigrant applications by filing Form I-765 under 8 CFR 274a.12(c)(40). File Form I-765 concurrently with Form I-914 — waiting to file will delay processing. Derivative family members will not receive deferred action and employment authorization until the principal does.

Eligible Family Members

Regardless of your age, you may apply for the following family members if they are in present danger of retaliation because of your escape or cooperation with law enforcement: your parents; your unmarried siblings under 18; and the children of any age or marital status of eligible family members already granted derivative T status.

If your family members are not in present danger of retaliation:

• If you are under 21: spouse, unmarried children under 21, parents, and unmarried siblings under 18;
• If you are 21 or older: spouse and unmarried children under 21.

File Form I-914, Supplement A (Application for Derivative T Nonimmigrant Status) for each eligible family member — concurrently with or after your Form I-914, or while in T status.

Employment Authorization

Principal applicants: USCIS provides an EAD automatically when approving Form I-914 — no separate I-765 filing is needed for initial approval. However, to receive bona fide determination deferred action and employment authorization while the application is pending, you must file Form I-765 under (c)(40). Eligible family members in the US: must file Form I-765 separately to obtain an EAD. Eligible family members outside the US: may not file I-765 until lawfully admitted.

After T Nonimmigrant Status

T status is generally granted for 4 years and may be extended by filing Form I-539. After 3 years of continuous physical presence since lawful admission as a T nonimmigrant — or after the investigation or prosecution is complete, whichever comes first — you may be eligible for a Green Card. See the Green Card for T Nonimmigrants page for details.

National Human Trafficking Hotline: 1-888-373-7888 (toll-free, 24/7, 200+ languages). Operated by Polaris.