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.
You are or were a victim of a severe form of trafficking in persons
You are physically present in the United States, American Samoa, CNMI, or at a port of entry because you were trafficked
You complied with any reasonable request from law enforcement for assistance (unless under 18 or unable due to trauma)
You would suffer extreme hardship involving unusual and severe harm if removed from the United States
You are admissible to the United States (or obtain a waiver)
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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
Form I-914, Application for T Nonimmigrant Status
Form I-914, Supplement A, Application for Derivative T Nonimmigrant Status (for family)
Form I-914, Supplement B, Declaration for Trafficking Victim (optional)
Form I-192, Application for Advance Permission to Enter as Nonimmigrant (if inadmissible)
Form I-765, Application for Employment Authorization
Personal statement describing the trafficking
Evidence of law enforcement cooperation or exception
Evidence of extreme hardship if removed
Evidence of relationship to qualifying family members
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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
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Fees are estimates and may change. Contact us for a quote for your specific case.
Need help with your immigration case?
Hasan Legal PC attorneys handle USCIS petitions, family immigration, employment-based green cards, and naturalization across Washington DC, Virginia and Maryland.