The T visa (officially “T nonimmigrant status”) is a special U.S. immigration benefit created by the 2000 Victims of Trafficking and Violence Protection Act (TVPA). It lets foreign nationals who have suffered a severe form of human trafficking, whether sex trafficking or labor trafficking, remain in the United States for up to four years.
The goal is to help victims heal and cooperate with law enforcement in prosecuting traffickers. Like a lifeline for survivors of involuntary servitude, debt bondage, forced labor or coerced commercial sex, the T visa provides safety and stability. Understanding who qualifies, what documents are needed, and recent policy changes is crucial, even small mistakes can lead to denials that leave survivors without protection.
Below, we break down the T visa eligibility criteria, application steps, and 2025 updates, so you can make informed decisions or guide a loved one through this complex process.
What Is a T Visa?
A T visa is a non-immigrant visa (temporary status) designed for victims of severe human trafficking. Under U.S. law, “severe forms of trafficking in persons” include:
- Sex trafficking is forced or coerced commercial sex acts, or any commercial sex involving a minor.
- Labor trafficking, recruitment or transportation for labor or services through force, fraud or coercion, including conditions of involuntary servitude, peonage, debt bondage, or slavery.
In plain language, T visa applicants must show they were compelled to work or engage in commercial sex through force, threats, deception or other coercive means. Victims who were induced to perform a commercial sex act under 18 automatically meet the trafficking definition. The T visa allows these individuals to “remain in the United States to heal, stabilize, and assist law enforcement agencies in the detection, investigation, and prosecution of human trafficking cases”. This status is valid for up to four years and comes with important benefits. Importantly, it also opens a pathway to lawful permanent residence (a green card) after three years under certain conditions.
Who Qualifies for a T Visa?
To qualify for T nonimmigrant status, an applicant must meet all of the following basic requirements:
Victim of severe trafficking: You are or were the victim of a severe form of human trafficking. Simply being a foreign national in the U.S. is not enough you must show you suffered abuse or coercion through trafficking.
Physical presence: You are physically present in the U.S., Puerto Rico, Guam, the U.S. Virgin Islands, or at a U.S. port of entry, because of the trafficking. You may qualify even if you have applied for other immigration relief or have undocumented status, as long as the trafficking occurred.
Law enforcement cooperation: Generally, you must have complied with any reasonable request from law enforcement to assist in investigating or prosecuting your trafficker. This often means obtaining a law enforcement endorsement on Form I‑914 B. However, there are key exceptions: if you were under 18 at the time of the trafficking or you cannot cooperate due to severe physical or psychological trauma, you do not have to comply with the law enforcement requirement. In other words, minors and traumatized survivors can still qualify without formal police involvement.
Extreme hardship: You must show that unusual and severe harm would occur if you were removed (deported) from the U.S.. This “extreme hardship” requirement recognizes that victims often face life-threatening danger if forced to return to their trafficker or home country.
Finally, you must be admissible to the U.S. on immigration and criminal grounds or obtain waivers for any issues. But note: T visa petitions are entirely fee-exempt, and USCIS will even waive certain inadmissibility grounds. In practice, the burden of proof rests on the applicant to demonstrate these criteria with evidence. A concise personal statement and corroborating documents, such as medical records, photos, work contracts, affidavits, etc., are usually required to show the abuse and its effects.
Application Process and Required Documents
Applying for a T visa involves preparing and filing several forms and documents with USCIS:
- Form I-914, Application for T Nonimmigrant Status: This is the main application form. You must complete it fully and accurately. The USCIS instructions list the initial evidence needed, such as a detailed narrative of your trafficking experience and supporting documentation.
- Personal Statement: You should include a written statement describing how you were trafficked, the conditions you endured, and how you came to escape or be found. This statement is crucial evidence. Include dates, places, names (if known), and details of the abuse, as well as any threats or coercion you faced.
- Evidence of trafficking: Whenever possible, submit corroborating documents: photos, communications with the trafficker, passports or ID showing your origin, pay stubs (if any), receipts, or medical/psychological reports of injuries. These help verify your claims. USCIS is instructed to accept “any credible evidence” and to use a trauma-informed approach when judging applicants.
- Law Enforcement Declaration (I-914B): Form I-914 Supplement B is a statement from a law enforcement official, often a prosecutor, judge, or certifying agency confirming your identity as a trafficking victim and your helpfulness in the investigation or prosecution. This is highly recommended but technically optional. If you have a completed I-914B, include it; if not, explain why, e.g., lack of access to police, fear, or trauma. You can also submit other proof of law enforcement contact, such as a police report or a letter from an advocacy agency.
- Form I-192 (if needed): If you have any criminal convictions or other grounds of inadmissibility (like past overstays), you may need Form I-192, an application for waiver of certain grounds. T visa applications themselves carry a statutory waiver of many immigration violations, but certain crimes may still require a waiver. Consult legal counsel if you have a complex history.
- Family members (Supplement A): If you are applying for derivatives, file Form I-914A for each eligible family member. Attach proof of relationship (birth/marriage certificates, etc.) and evidence that they face danger due to the trafficking survivor’s situation.
Filing location: As of 2025, U.S. citizens should file I-914 by mail to the USCIS Vermont Service Center. The Vermont center handles most T visa filings. Online filing is not yet available for T visas. After filing, USCIS will issue a receipt (Form I-797C) and may schedule biometrics.
No fees: Importantly, all T visa applications and forms are fee-exempt. That means there is no USCIS filing fee or biometric fee for the principal applicant or derivatives. If you later adjust to a green card, different fees apply then. If costs or delays at USCIS create hardships, you may also request a fee waiver for future forms.
Processing Times and Backlog (2025)
T visa processing is known for long wait times. In recent years, demand has soared. For example, USCIS saw “almost twice the amount of applications from 2023 to 2024,” and the current fiscal year’s filings have already exceeded last year’s total. In FY 2023 alone, USCIS received 8,598 T-1 (principal) petitions but approved only 2,181, leaving over 9,300 pending cases nearly two years’ worth of the 5,000 annual cap. This backlog means applicants often wait well over a year for decisions.
Recent data shows the Vermont Service Center’s processing times for T visas (Form I-914) are on the order of about 23–24 months (nearly two years). In practical terms, T visa processing time can range from roughly 1 to 3 years, depending on case complexity and USCIS workload. Indeed, the median processing time has climbed steadily, from around 5.9 months in 2014 to nearly 20 months in FY2025. Extensions, inquiries, and Requests for Evidence may add more delay.
Several factors contribute to the slow pace: the legal complexity of trafficking cases, thorough evidence review, and the sheer volume of filings. The USCIS backlog of T visas is roughly double the yearly cap. Advocates note that applicants’ cooperation or inability to cooperate with law enforcement can also affect timing. While USCIS aims for first-in, first-out processing, emergency humanitarian requests can be expedited in rare situations.
Visa Interview: If you are overseas or applying for a derivative abroad, you will eventually do consular processing. Approved USCIS petitioners must apply for a T visa at a U.S. consulate (using DS-160) and may need an approved I-192 waiver for any inadmissibility grounds. Wait times at consulates vary widely.
Family Members and Derivatives
The T visa law allows certain family members of a principal T-1 applicant to get derivative T visas, even though only the principal counts against the 5,000 cap. Eligible derivatives include your spouse and unmarried children (under 21), and in some cases, your parents or siblings if you (the victim) are under 21. The requirements depend on your age:
- If the principal is under 21, you can include your spouse, any unmarried children under 21, your parents, and any unmarried siblings under 18.
- If the principal is 21 or older, you can include your spouse and any unmarried children under 21.
All derivatives must be in the U.S. at the time of application, and they generally must show they face a present danger of retaliation due to their escape from trafficking or cooperation with police. If derivatives are abroad, they must undergo consular processing, USCIS approval + U.S. consulate interview.
It’s crucial to file for derivatives at the same time as or soon after the principal. If you become a T-1 and later want to add family, you file I-914A with USCIS. Derivative applicants (T-2 through T-6 visa statuses) have no separate annual cap. Note: all derivative applicants, if in the U.S., must file Form I-765 to work, just like the principal.
Work Authorization and Other Benefits
One of the key benefits of T status is the ability to work legally in the U.S. If your principal T-1 petition is approved, USCIS will issue you an Employment Authorization Document (EAD) automatically, using the information from your I-914. You do not need to file Form I-765 separately to get work authorization as the principal applicant. However, if you seek a “bona fide determination” with deferred action earlier, you should file an I-765 concurrently to request an interim EAD.
Eligible family members in the U.S. do need to file I-765 for work permits. Once the family members’ T status (T-2, T-3, etc.) is approved, they can be issued EADs as well. The ability to work during the T status period is a major help to stabilize survivors and rebuild their lives.
In addition to work authorization, T visa holders may qualify for certain public benefits. Federally-funded benefits and services like medical care, housing, and job training are available to trafficking victims who have been certified by the Department of Health & Human Services’ Office of Refugee Resettlement. Essentially, certified T visa recipients have access similar to refugees. Certification is a separate process with HHS, beyond USCIS’s control.
T visa holders can also apply for a travel document (advance parole) to travel abroad if needed, as long as they maintain status. The August 2024 final rule clarified that T visa recipients should apply for advance parole before leaving the U.S.
Path to Green Card (Adjustment of Status)
One of the most powerful features of the T visa is the path to permanent residency. After physically residing in the U.S. for three years under T status or during the time an associated criminal case is pending, whichever is shorter, you may apply to adjust status to a green card. To adjust status, you file Form I-485 and demonstrate:
- At least 3 years of continuous physical presence as a T-visa holder means no single trip abroad over 90 days, or 180 total days.
- Good moral character during that period.
- Ongoing cooperation with authorities in the trafficking case or that you meet an exception to extreme hardship, or were under 18 when trafficked. In other words, the same cooperation requirement persists for the green card application, but USCIS allows waivers for victims unable to cooperate due to trauma or for minors.
- Admissibility or approved waivers.
If all conditions are met, USCIS “usually” grants a T-based green card. Derivative family members already in the U.S. may also adjust along with the principal. Once you become a lawful permanent resident, you could later naturalize after the normal residency period.
In limited cases, for example, if the prosecutor certifies the trafficking case is complete, you might adjust earlier than three years. But typically, survivors wait three years to file. During the wait, USCIS may periodically check that you still have a T status and good moral character.
Recent USCIS Policy Updates (2024–2025)
In 2024, USCIS and DHS finalized new regulations to clarify and improve the T visa process. Effective August 28, 2024, the Final Rule on T Nonimmigrant Status made several important updates:
“Any credible evidence” standard: USCIS expanded guidance to stress that any credible evidence can support a T visa case. There is no single required form of proof – testimonies, documents, and expert evaluations can all be considered.
Trauma-informed approach: The rules emphasize a victim-centered, trauma-informed adjudication of T applications. Adjudicators are reminded to consider the impact of trauma on evidence and credibility.
Bona fide determination: USCIS introduced a “bona fide determination” process for T applicants. An applicant can request early USCIS review of their case’s legitimacy to receive expedited benefits. Those deemed bona fide can obtain deferred action and an interim EAD while their full application is pending. This is similar to the older concept of Continued Presence, but codified formally.
Expanded exceptions to physical presence: The rule clarifies that departures from the U.S. do not automatically break the 3-year presence requirement if, for example, the trip was to assist law enforcement or was certified as justified. This flexibility can help a victim who has to travel for court or medical reasons.
Updated definitions: USCIS revised technical terms. For example, the definition of “law enforcement agency” was broadened to include international bodies or prosecutors’ offices. They also clarified what it means for a trafficker to act “for the purpose of” forced labor or a sex act.
Reporting requirement clarified: Generally, applicants are expected to report their trafficking to the appropriate law enforcement authority to satisfy the cooperation requirement. However, this will be interpreted with sensitivity to victim trauma.
These changes largely codify existing practices while filling gaps. For applicants, the key takeaway is that USCIS is signaling flexibility and transparency. In practice, it means USCIS may be more lenient about evidence and more supportive of bona fide requests. As of late 2024, USCIS updated its Policy Manual (Volumes 3 and 9) to incorporate the final rule. Note: applications filed before August 28, 2024, are judged under the old guidance unless the new rule would only help you.
Since these updates, USCIS data indicate that the number of approved T visas has been rising over 3,000 in FY2024 for the first time. The approval rate had been lower under the previous administration and has improved in recent years.
T Visa vs U Visa: Key Differences
Some applicants may wonder about the difference between a T visa and a U visa. Both are special status for victims, but they cover different situations:
Type of crime: A T visa is specifically for victims of trafficking in persons, severe labor or sex trafficking. A U visa is for victims of certain qualifying crimes assault, domestic violence, sexual abuse, trafficking, etc., who have been helpful to police. In other words, trafficking victims are eligible for either, but those who suffered other crimes (like assault) would use the U visa.
Annual cap: T visas have a cap of 5,000 principals per year; family members do not count towards that cap. The U visa cap is 10,000 principals per year. (Note: USCIS historically approved far fewer than these caps for both visa types.)
Status and benefits: Both visas grant up to 4 years of status and work authorization, and both lead to a green card after 3 years. Under both programs, a principal must generally assist law enforcement, with exceptions for minors and trauma. However, the definitions and requirements differ, e.g., the U visa uses Form I-918B for certification, while the T visa uses I-914B.
Processing: U visa applicants have also faced long delays in recent years (often 10+ years backlogged), so many trafficking victims are now filing T visas instead. In practice, a lawyer might consider both options if qualified, but T is focused on trafficking.
Understanding which visa fits your situation is critical. A qualified immigration attorney can help evaluate whether the T visa (specifically for trafficking survivors) is the correct route.
Common Pitfalls and How Legal Assistance Helps
The T visa application can be won or lost on the details. Common issues that lead to delays or denials include missing documents, insufficient evidence of trafficking, or misunderstanding the cooperation requirement. For example, failing to provide a well-documented personal statement or not explaining why the law enforcement certification is missing can raise questions. Incomplete or poorly organized evidence can make it harder for officers to see that you meet the criteria.
Additionally, because trafficking cases involve trauma, many applicants (especially minors) find it hard to put their story on paper or navigate interviews. USCIS expects a trauma-informed approach, but applicants often need support in gathering evidence and telling their story clearly.
Given the complexity, legal assistance is strongly recommended. An experienced immigration lawyer or accredited representative can help by:
- Ensuring all legal eligibility criteria are clearly met and documented.
- Preparing a compelling personal statement and supporting affidavit.
- Gathering evidence of trafficking, medical records, photographs, communication logs and cooperation or eligibility for an exception.
- Identifying and preparing any required waivers (Form I-192) for criminal history.
- Meeting deadlines, USCIS sometimes issues additional evidence requests or interview notices.
- Representing you at any consular interview, if applicable.
Mistakes can be costly: a denied T petition can leave a survivor without protection and even subject them to removal proceedings. USCIS may issue a Notice to Appear upon denial. On the other hand, a well-prepared application maximizes the chance of approval and opens the path to a green card. Many advocates note that survivors who get competent help have smoother experiences and better outcomes.
Take Back Control of Your Immigration Journey
Applying for a T visa can feel overwhelming, especially with strict evidence rules, long wait times, and recent USCIS policy shifts. But you don’t have to navigate this alone. The right legal strategy can mean faster approvals, fewer delays, and a stronger case for permanent residency.
At The Chidolue Law Firm, we help trafficking survivors secure protection, work authorization, and a clear path to a green card. Our team builds thorough, well-documented applications and responds quickly to USCIS challenges so you can move forward with confidence and safety.
📞 Call The Chidolue Law Firm today at:
➡ 407-995-6567
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Your safety and future matter. Let’s build your strongest T visa case together.
