Humanitarian

T Visa (Victims of Human Trafficking)

T nonimmigrant status is a temporary immigration benefit that enables certain victims of a severe form of trafficking in persons to remain in the United States for an initial period of up to 4 years if they complied with any reasonable request for assistance from law enforcement in the detection, investigation, or prosecution of human trafficking or qualify for an exemption or exception. Congress created this status in October 2000 as part of the Victims of Trafficking and Violence Protection Act.

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Eligibility Requirements

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Regulatory Criteria

Definition of Severe Forms of Trafficking

Under federal law, a 'severe form of trafficking in persons' includes sex trafficking and labor trafficking.

Examples
  • Sex trafficking: Recruiting, harboring, transporting, providing, soliciting, or obtaining a person for commercial sex act induced by force, fraud, or coercion
  • Sex trafficking: When person induced to perform commercial sex act is under 18 years of age
  • Labor trafficking: Recruiting, harboring, transporting, providing, or obtaining a person for labor or services using force, fraud, or coercion
  • Labor trafficking purposes: Involuntary servitude, peonage, debt bondage, or slavery

Eligibility Requirements

You may be eligible for T nonimmigrant status if you meet all of the following requirements:

Examples
  • Are or were a victim of a severe form of trafficking in persons
  • Are physically present in U.S., American Samoa, CNMI, or at port of entry because you were trafficked
  • Complied with reasonable requests from law enforcement for assistance
  • Exception: Minors under 18 at time of trafficking do not need to show law enforcement cooperation
  • Exception: Those unable to cooperate due to physical or psychological trauma
  • Would suffer extreme hardship involving unusual and severe harm if removed
  • Are admissible or obtain waiver via Form I-192

Eligible Family Members

Certain eligible family members may be eligible for derivative T nonimmigrant status based on their relationship to the principal applicant.

Examples
  • If in present danger of retaliation (any age): Parents, unmarried siblings under 18, children of eligible family members
  • If under 21 (no danger): Spouse, unmarried children under 21, parents, unmarried siblings under 18
  • If 21 or older (no danger): Spouse, unmarried children under 21
  • File Form I-914, Supplement A for eligible family members

Filing Requirements

To apply for T nonimmigrant status, you must submit Form I-914 with supporting documentation.

Examples
  • Form I-914, Application for T Nonimmigrant Status
  • Personal statement describing the trafficking you experienced
  • Evidence of compliance with law enforcement requests (or exception)
  • Form I-914, Supplement B, Declaration for Trafficking Victim (optional)
  • Evidence of all other eligibility requirements
  • Form I-192 for waiver of inadmissibility grounds (if applicable)

Employment Authorization

Employment authorization depends on whether you are a principal applicant or eligible family member.

Examples
  • Principal applicants: EAD provided automatically when T status approved
  • Principal applicants: File Form I-765 under category (c)(40) for bona fide determination
  • Eligible family members in U.S.: Must file Form I-765 to obtain EAD
  • Family members outside U.S.: Not eligible for EAD until lawfully admitted

Bona Fide Determination Process

USCIS has authority to provide deferred action and employment authorization to applicants with pending, bona fide T nonimmigrant status applications.

Examples
  • Effective Aug. 28, 2024, modified bona fide determination process implemented
  • File Form I-765 under category (c)(40) concurrently with Form I-914
  • If application is bona fide, receive deferred action and employment authorization
  • Derivative family members receive benefits after principal receives them

Duration and Extensions

T nonimmigrant status is generally granted for 4 years with extension possibilities.

Examples
  • Initial grant for up to 4 years
  • Extensions available by filing Form I-539
  • Certain situations allow for extensions beyond 4 years

Path to Green Card

You may be eligible for lawful permanent residence after meeting certain requirements.

Examples
  • Eligible after 3 years of continuous physical presence since admission as T nonimmigrant
  • OR if continuous physical presence maintained during investigation/prosecution now complete
  • Whichever occurs earlier
  • File Form I-485 for adjustment of status
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Application Process

Determine Eligibility

Confirm you are a victim of a severe form of trafficking.

File Form I-914

Submit Application for T Nonimmigrant Status with personal statement.

Submit Evidence

Provide evidence of trafficking, law enforcement cooperation, and eligibility.

Request Waiver if Needed

File Form I-192 if any inadmissibility grounds apply.

Petition for Family Members

File Form I-914, Supplement A for eligible family members.

Bona Fide Determination

May receive deferred action and work authorization while case pending.

Receive T Visa

If approved, receive up to 4-year T nonimmigrant status.

Apply for Green Card

After 3 years in T status, file Form I-485 for permanent residence.

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Key Benefits

Lawful nonimmigrant status for up to 4 years
Employment authorization
Protection from removal
Ability to petition for eligible family members
Eligibility for federally funded benefits and services
Path to lawful permanent residence (Green Card) after 3 years
Fee exemption for all forms through adjustment of status
Confidentiality protections
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Documents Needed

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Frequently Asked Questions

What is the difference between sex trafficking and labor trafficking?
Sex trafficking involves recruiting or obtaining a person for commercial sex acts induced by force, fraud, or coercion, or when the person is under 18. Labor trafficking involves obtaining a person for labor or services using force, fraud, or coercion for involuntary servitude, peonage, debt bondage, or slavery.
Do I have to cooperate with law enforcement?
Generally yes, you must comply with any reasonable request from law enforcement for assistance in the detection, investigation, or prosecution of human trafficking. However, if you were under 18 at the time of trafficking or are unable to cooperate due to physical or psychological trauma, you may not need to show law enforcement cooperation.
Are there any fees for T visa applications?
No. Applicants for T nonimmigrant status and T nonimmigrants are fee exempt from all forms through adjustment of status.
How long is T nonimmigrant status valid?
T nonimmigrant status is generally granted for 4 years. In certain situations, you may extend your status by filing Form I-539.
Can I get a Green Card with a T visa?
Yes. You may be eligible for lawful permanent residence after 3 years of continuous physical presence since you were lawfully admitted as a T nonimmigrant, or if you maintained continuous physical presence during the investigation or prosecution that is now complete, whichever occurs earlier.
Is my information kept confidential?
Yes. Any information about you or your application for T nonimmigrant status is strictly confidential and protected by law. DHS can only share this information in very limited circumstances and may not deny your application based on evidence provided solely by your trafficker.
Where can I report human trafficking or get help?
Call the National Human Trafficking Hotline at 1-888-373-7888. It is available 24 hours a day, 7 days a week, in more than 200 languages. The hotline is operated by Polaris, a nonprofit organization.
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Fees

Full service fee (Initial Installment: $1,200)$4,500
FedEx Fee—

Fees are estimates and may change. Contact us for a quote for your specific case.

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For informational purposes only — not legal advice · Consult an attorney for your specific situation.