The T visa was created by the Trafficking Victims Protection Act of 2000, and allows people who have been trafficked into the U.S. to remain in the U.S. while the case against their trafficker is pursued. It is believed that as many as 50,000 people, mostly women and children, are trafficked into the U.S. each year and are often forced to live in slavery-like conditions. The T visa was created in the hope that by offering victims a way to remain in the US lawfully, they would be more willing to contact authorities with information about traffickers.
What is human trafficking?
Human trafficking is a form of modern day slavery. According to federal law, severe forms of trafficking can be broken into two categories: sex trafficking and labor trafficking. Each involves the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of either a commercial sex act or labor services through the use of force, fraud, or coercion. In any case, United States Federal Law prohibits human trafficking given that the Thirteenth Amendment to the U.S. Constitution makes slavery or involuntary servitude (holding another in service through the use of force) illegal.
How does a T visa help victims of trafficking?
Victims of severe forms of trafficking can apply for a T visa and remain in the United States while the case against their traffickers is pursued. Once a T visa is granted, a victim can apply for permanent residency after three years.
Who is eligible for a T visa?
To qualify for a T visa, the applicant must meet the following requirements:
- Are or were a victim of human trafficking
- Be currently present in the United States, American Samoa, the Commonwealth of Northern Mariana Islands or a port of entry due to trafficking
- Comply with any reasonable request from law enforcement agencies for assistance in the investigation or prosecution of human trafficking
- Demonstrate that you would suffer extreme hardship involving unusual and severe harm if removed from the United States
- Be admissible to the United States, or obtain a waiver of admissibility
Note: If you are under the age of 18 or unable to cooperate with law enforcement officials as a result of physical or psychological trauma, you may qualify to receive a T visa without having to assist in investigations or prosecutions.
How do I apply for a T visa?
Foreigners applying for a T-1 visa must be physically present in the U.S. due to human trafficking. U.S. embassies and consulates abroad do not issue T-1 visas but may issue derivative T visas to family members.
In order to apply for a T visa, you will need:
- A Form I-914, Application for T Nonimmigrant Status , which must be filed with the USCIS Vermont Service Center
- 3 passport size photos
- A personal statement explaining how you are a victim of human trafficking
- Evidence to show you meet eligibility requirements
It is strongly recommended that you also submit a Form I-914 Supplement B, Declaration of Law Enforcement Officer for Victim of Trafficking in Persons
Are there a limited number of T-Visas?
Yes, Congress grants 5,000 T visas each year. However, this number does not apply to family derivative visas. Once the allowed number of T visas has been reached, applicants will be placed on a waiting list. Applicants on the waiting list will be given priority for the next year.
How long are T visas granted?
The T visa is valid for four years. However, after three years, a T visa holder can apply for a green card.
How much does it cost?
There is no cost to file a Form I-914, Application for T Nonimmigrant Status. For any other forms that you may have to file along with your Form I-914, you may submit a Request for Fee Waiver, Form I-912 (or a written request).
Can I work in the U.S. if I have a T visa?
Yes. When you receive a T visa, you will automatically receive an Employment Authorization Document (EAD) at the same time. The information for the work authorization is generated from the form you fill out for your T visa so there is no need to file a Form I-765, Application for Employment Authorization.
Am I eligible for any services and benefits?
Victims of trafficking may be eligible for a number of federally funded benefits and services if they have been certified by the U.S. Department of Health and Human Services (HHS) or by the Office of Refugee Resettlement (ORR). Once a victim has been certified, they are can have the same services as a refugee. If the victim is under the age of 18, he or she is can obtain certain benefits without the requirement of certification.
When can I get a green card? And how do I apply?
After three years of having your T visa, you will be eligible to apply for a green card. If you file before the three year mark, your application will be denied unless you have certification from the Attorney General that the investigation or prosecution is complete.
In order to apply for a green card, you have to submit Form I-485, Application to Register Permanent Residence or Adjust Status.
To qualify for permanent residency, you must:
- Be physically present in the U.S. for a continuous period of at least three years with your T visa for the duration of the investigation or prosecution of your traffickers, providing the Attorney General certifies that the investigation is complete.
- Maintain good moral character during your stay in the U.S.
- Have complied with any reasonable request for assistance in the investigation or prosecution of acts of trafficking, demonstrated extreme hardship involving unusual and severe harm upon removal from the United States, or have been under 18 years of age at the time of the trafficking victimization.
- Be admissible to the United States, or obtain a waiver of admissibility.
Will applying for a T visa put my family at risk?
If your family faces the danger of retaliation as a result of your escape from trafficking or your cooperation with law enforcement, they can apply for a derivative T visa.
How does my family apply for a derivative T visa?
As a T visa applicant, you may apply for certain family members along with your own application, or at a later time. Depending on your age, you may apply for the following family members:
- If you are under the age of 21, you may apply for your spouse (T-2), children (T-3), parents (T-4), or any unmarried siblings under age 18 (T-5)
- If you are 21 or older, you may apply for your spouse (T-2) and children (T-3)
- You must submit a Form I-914, Supplement A, Application for Immediate Family Member of T-1 Recipient in order for your family to apply for a T derivative visa. The form must be filed with USCIS Vermont Service Center, regardless of where you are currently located. In addition, before USCIS approves the form, your family members will receive a Notice of Action instructing them to go to the nearest USCIS office for fingerprinting. If your family members are outside of the United States, they must have their fingerprints taken at the nearest consulate or embassy. It is important that you tell your family to check with the embassy or consulate where they will apply for detailed instructions.
- Your family can schedule a visa appointment as soon as they receive approval from USCIS. Do not wait for the U.S. embassy or consulate to contact you. Set up an appointment as soon as you receive notification of approval.
What forms are required for my family to apply for a derivative T visa?
Required forms and documents for family members:
- Online Nonimmigrant Visa Electronic Application, Form DS-160
- Photo (click here for photo requirements)
- Valid passport for travel to the United States (and with an expiration date of a least six months beyond your intended period of stay in the United States)
- Form I-797, Notice of Action
What would make me or my family ineligible for a T visa?
Under U.S. law, many factors could make an applicant ineligible to receive a visa. If you are ineligible for a T visa, you must file Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, directly with the USCIS Vermont Service Center. If approved, USCIS will notify you and the U.S. embassy or consulate where you applied.