Published by H&A Immigration Law Offices LLP
Racine, Wisconsin

Introduction

Human trafficking is a serious crime that affects thousands of individuals across the United States. Many victims are forced into labor, services, or commercial sex through force, fraud, or coercion. To protect victims and encourage cooperation with law enforcement, Congress created the T Nonimmigrant Status, commonly known as the T Visa.

The T Visa allows eligible victims of human trafficking to remain in the United States, obtain work authorization, access certain public benefits, and potentially become lawful permanent residents.

What Is a T Visa?

The T Visa is a humanitarian immigration benefit designed for victims of severe forms of human trafficking.

Individuals granted T nonimmigrant status may:

• Remain legally in the United States
• Receive employment authorization
• Access certain federal and state benefits
• Petition for qualifying family members
• Apply for a Green Card if eligible

T status is generally granted for an initial period of up to four years.

What Is Considered Human Trafficking?

Federal law recognizes two primary forms of human trafficking:

Sex Trafficking

Sex trafficking occurs when a person is recruited, transported, harbored, obtained, or induced to engage in a commercial sex act through:

• Force
• Fraud
• Coercion

A commercial sex act involving a person under 18 years old may qualify regardless of force, fraud, or coercion.

Labor Trafficking

Labor trafficking occurs when an individual is compelled to work or provide services through:

• Force
• Threats
• Fraud
• Coercion
• Debt bondage
• Involuntary servitude
• Slavery-like conditions

Who May Qualify for a T Visa?

You may be eligible if you:

1. Are a Victim of Human Trafficking

You must show that you were subjected to a severe form of trafficking.

2. Are Present in the United States Because of the Trafficking

You must be physically present in the United States, a U.S. territory, or at a port of entry because of the trafficking situation.

3. Assisted Law Enforcement

Generally, applicants must comply with reasonable requests from law enforcement during investigations or prosecutions.

Exceptions may apply if:

• You were under 18 years old when trafficking occurred; or
• Physical or psychological trauma prevents cooperation.

4. Would Suffer Extreme Hardship if Removed

You must demonstrate that removal from the United States would result in unusual and severe harm.

5. Are Admissible to the United States

If you are inadmissible, you may qualify for a waiver through Form I-192.

How Do You Apply for a T Visa?

Applicants generally file:

Form I-914

Application for T Nonimmigrant Status.

Personal Statement

A detailed statement explaining:

• How the trafficking occurred
• The abuse suffered
• How you escaped or were rescued
• Your current circumstances

Supporting Evidence

Examples include:

• Police reports
• Court records
• Trial transcripts
• Affidavits
• Medical records
• Counseling records
• News articles
• Communications with law enforcement

Form I-914 Supplement B

This certification may help establish victim status and cooperation with law enforcement, although it is not always required.

Are There Filing Fees?

One important benefit of the T Visa program is that applicants are generally exempt from USCIS filing fees through the adjustment of status process.

This can significantly reduce the financial burden on trafficking survivors.

Confidentiality and Safe Address Protections

USCIS provides strong confidentiality protections for T Visa applicants.

Applicants who do not feel safe receiving mail at their home may use a safe mailing address.

Federal law also limits disclosure of information related to T Visa applications, helping protect victims from traffickers and retaliation.

Can Family Members Be Included?

Yes. Certain family members may qualify for derivative T status.

Depending on the victim’s age and circumstances, eligible relatives may include:

• Spouse
• Children
• Parents
• Unmarried siblings under 18

Additional protections may be available when family members face danger because of the victim’s cooperation with law enforcement.

New Bona Fide Determination Process

USCIS now has authority to provide deferred action and employment authorization to certain applicants with pending T Visa applications.

Applicants who file a bona fide T Visa case may become eligible for:

• Deferred Action
• Employment Authorization
• Protection from removal while the application is pending

To maximize benefits, USCIS encourages applicants to file Form I-765 for employment authorization together with the T Visa application.

Employment Authorization

Principal Applicants

Individuals approved for T status generally receive a work permit automatically.

Family Members

Qualifying family members in the United States may apply separately for employment authorization.

Can T Visa Holders Get a Green Card?

Yes.

Many T Visa holders may qualify for lawful permanent residence after:

• Three years of continuous physical presence in the United States as a T nonimmigrant; or
• Completion of the trafficking investigation or prosecution, if applicable.

Eligibility requirements vary, and legal guidance is often helpful when preparing the adjustment application.

Additional Benefits Available to T Visa Holders

T Visa recipients may qualify for:

• Employment authorization
• Federal assistance programs
• State-funded services
• Victim support resources
• Healthcare assistance
• Social services

These benefits are designed to help survivors rebuild their lives and achieve stability.

T Visa vs. U Visa

While both visas help crime victims, they serve different purposes.

T Visa

For victims of human trafficking involving force, fraud, or coercion.

U Visa

For victims of qualifying crimes such as:

• Domestic violence
• Sexual assault
• Felonious assault
• Kidnapping
• Stalking
• Other qualifying criminal activity

Some trafficking victims may qualify for either form of relief depending on the facts of their case.

How H&A Immigration Law Offices LLP Can Help

Our office assists survivors of human trafficking with:

• T Visa Applications (Form I-914)
• T Visa Derivative Family Petitions
• Waivers of Inadmissibility (Form I-192)
• Employment Authorization Applications
• Green Card Applications for T Visa Holders
• Victim-Based Immigration Relief
• U Visa and VAWA Cases

If you believe you may qualify for a T Visa, our team can help evaluate your case and guide you through the immigration process.

H&A Immigration Law Offices LLP
3018 Rapids Dr Suite A
Racine, WI 53404
Phone: (414) 982-3863

Disclaimer

This article is for informational purposes only and does not constitute legal advice. Every immigration case is unique. Consult with a qualified immigration attorney regarding your specific circumstances.