T Visas for Trafficking Victims in the U.S.

Like a U visa, a T visa offers temporary legal status and work authorization to victims who assist law enforcement. But it differs from a U visa in that it is reserved specifically for victims of severe human trafficking. It also requires applicants to show they are in the U.S. because of the trafficking and would face extreme hardship if removed.

This visa allows those who endured trafficking the chance to work and rebuild their lives in the United States, after meeting certain requirements. Family members of the victim of trafficking may also benefit from a derivative nonimmigrant visa.

This article provides a comprehensive overview of the T nonimmigrant visa. Learn about human trafficking, who qualifies for a T visa, the application process, and more. Pursuing a T visa can be overwhelming and emotional. An immigration attorney near you can assess whether your situation meets U visa requirements and advocate for your rights throughout each step.

What Is Human Trafficking?

If you or your loved ones are or were victims of human trafficking, you are not alone. Different human services in the United States address this criminal activity, providing you safety and security. Among them is the immigration benefit that the U.S. Department of Homeland Security (DHS) provides through the T nonimmigrant visa.

Human trafficking or trafficking in persons is a criminal activity where traffickers lure a person with false promises of a better life and employment. It happens when the trafficker uses fraud, coercion, or force to compel the victim into a commercial sex act or forced labor.

The federal law defines a “severe form of trafficking” as either sex trafficking or labor trafficking.

Sex Trafficking

Sex trafficking happens when the person gets harbored, recruited, transported, provided, or solicited to commit commercial sex acts. It is sex trafficking if the trafficker uses fraud, force, or coercion to compel the victim to perform commercial sex acts. It is also sex trafficking if the victim who suffered from these criminal activities is under 18.

Labor Trafficking

Labor trafficking happens when a trafficker does the following to a person for labor or work:

• Harbors
• Provides
• Obtains
• Recruits
• Transports

Traffickers recruit victims of labor trafficking through fraud, force, or coercion. Traffickers submit victims to debt bondage, peonage, involuntary servitude, or slavery.

In sex and labor trafficking, traffickers exploit victims through coercion, fraud, or force, either for commercial sex acts or involuntary labor.

What Is a T Visa?

Congress created the T nonimmigrant status in October 2000. It made the law as part of the Victims of Trafficking and Violence Protection Act.

T visa is a nonimmigrant visa that provides temporary immigration benefits to victims of trafficking. With this visa, victims of trafficking get the chance to stay in the United States.

The goal of this nonimmigrant visa status is to allow the victims to rebuild their lives in the United States and serve as an important part of investigating and prosecuting cases of human trafficking.

How Long Does a T Visa Last?

With a T visa, the qualifying visa applicant can stay in the U.S. for an initial period of up to four years. They should follow certain requirements and reasonable requests by law enforcement officials. These requests include help with the detection, law enforcement, investigation, and prosecution of human trafficking.

Immigration attorneys can also provide more information about your eligibility to apply for nonimmigrant visa categories and other public benefits you qualify for. The U.S. government extends public benefits to victims of human trafficking, domestic violence, and violence against women (VAWA).

Who Qualifies for a T-Visa?

To qualify for a T visa, the visa applicant must meet specific criteria, which include:

• Victim of a severe form of trafficking. You are or were a victim of a severe form of human trafficking (labor or sex trafficking).
• Physical presence in the United States. You should be physically present in the U.S. or its territories or at the U.S. port of entry as a direct result of human trafficking.
• Cooperation with law enforcement agencies. You should follow the reasonable requests of law enforcement agencies. In particular, requests related to prosecuting or investigating human trafficking cases. An exception applies to minor victims or those who are under 18 years of age when the trafficking happened. Some victims who can’t cooperate with law enforcement agencies may be exempted from this requirement. This is due to the psychological or physical trauma caused by the trafficking experience.
• Risk of suffering extreme hardship. You should prove that you will suffer extreme hardship or harm if you undergo deportation or removal proceedings from the United States.
• Admissible to enter the United States. It would help if you were admissible to be in the United States. If you are not admissible, you may still file for a T visa application after filing a waiver of specific grounds for inadmissibility. You can apply for this waiver by filing an Application for Advance Permission to Enter as a Nonimmigrant (Form I-192).

How To Apply for a T Visa in 3 Steps

To apply for a T visa, there are three basic steps that you should follow:

1. Fill out Form I-914

You must complete the Application for T Nonimmigrant Status. This form asks for a personal statement, which may describe the human experience you endured.

2. Provide Evidence of Compliance

You must have proof you complied with reasonable requests from law enforcement officers for help in investigating and prosecuting the trafficking case. If you qualify for an exemption, you should show evidence backing your qualification for an exception.

To show that you are or have been a victim of trafficking and have complied with law enforcement requests, submit Form I-914, Supplement B. This form is the Declaration of Law Enforcement Officer for Victims of Trafficking in Person. This form will show that you have been a victim of trafficking and that you followed the request to assist in the investigation of the case.

If you do not have Form I-914, you may also submit other forms of evidence. This may include communication records with law enforcement agencies, police reports, trial transcripts, court documents, affidavits, and other credible evidence.

3. Provide Evidence of Eligibility and Admissibility

You also must provide proof that you met other requirements for the T visa. You should also include evidence to show that you are admissible to enter the United States. If you are inadmissible to enter the U.S., you may file an Application for Advance Permission to Enter as a Nonimmigrant (Form I-192).

How Much Does It Cost To Apply for a T Visa?

Filing an Application for T Nonimmigrant Status (Form I-914 and Form I-914A) is free. You don’t need to submit a fee waiver request.

There may be fees charged for other applications, such as:

• Advance permission to enter as a nonimmigrant
• Employment authorization
• Registering permanent residence or adjustment of status
• Travel documents

You may request a fee waiver if you are filing the above forms. Check the USCIS website, for more information on immigration forms.

What Are the Benefits of a T-Visa?

A T visa holder has several immigration benefits. With this immigration status, the non-U.S. citizen victim of trafficking may stay in the United States. The victim should then meet specific requirements, including helping investigate, detect, and prosecute the trafficking case.

After the trafficking victim gets a T visa, they may then be eligible to become a green card holder or a lawful permanent resident (LPR). They can do this if they meet other requirements for permanent residency. This includes a continued presence in the U.S. for three years after being admitted as a nonimmigrant. Or the victim was present in the U.S. during the investigation or prosecution of the trafficking case, whichever happened earlier.

Can the Family Members of the Trafficking Victim Get a T Visa?

Yes. Certain family members of the trafficking victim are eligible to apply for a derivative nonimmigrant T visa. This particularly applies if the family members are in danger of retaliation from the traffickers as a result of your escape or cooperation with U.S. law enforcement agencies.

Family members eligible for a derivative T nonimmigrant visa include:

• Your spouse
• Your children of any age
• Your parents
• Your unmarried siblings under 18

A different rule applies if your family members are not in danger of retaliation. If you are under 21, you may apply for a derivative visa for:

• Your parents
• Your spouse
• Your unmarried children under 21
• Your unmarried siblings under 18

If you are 21 or older, you may apply for a T nonimmigrant visa for your spouse and unmarried children under 21.

Can I Work in the United States With T Visa Status?

Yes. If you are the principal applicant for T nonimmigrant visa, the U.S. Citizenship and Immigration Services (USCIS) will issue you an Employment Authorization Document (EAD). This document comes at the same time as the approval of your Application for T Nonimmigrant Status. You do not have to file a separate Application for Employment Authorization (Form I-765).

On the other hand, if you are a qualifying family member of the principal applicant and are physically present in the U.S., you must submit Form I-765. The qualifying family members should file for Form I-765 to acquire employment authorization. You may file the Form I-765 and Form I-914A together or separately.

If you are not physically present in the U.S., you may not get EAD until you are lawfully admitted to enter the U.S.

Get Legal Help With a T Visa

The horrors of human trafficking are traumatic. Victims of this criminal activity often suffer physical and psychological harm. There are immigration attorneys who can help you seek immigration benefits. An experienced immigration law attorney can help you understand your rights and guide you through the proper steps in applying for a T visa.

Rebuilding your life after going through such a horrific experience can be overwhelming. But with the proper information and legal support, the path becomes tolerable and hopeful.

FindLaw’s directory of immigration attorneys can get you started. Enter your city or ZIP code for a list of qualified legal professionals in your area. Your search results will also show important details about prospective lawyers, including ratings, languages spoken, and whether they offer free consultations.

Do not be afraid to talk to an immigration lawyer—attorney-client privilege prohibits them from sharing information about your immigration status. Their role is to help you, not act as an enforcement agent.