USCIS Strengthens T Visa Program

The Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) announced a final rule on April 29, 2024, to enhance the integrity of the T nonimmigrant status (T visa) and ensure timely access to protections for eligible victims of human trafficking. The T visa allows victims to stay in the U.S. for up to four years. USCIS Director Ur M. Jaddou emphasized that the new rule aims to create a more victim-centered approach and improve the T visa application process to better protect victims. This rule was developed over several years.

“We are dedicated to protecting victims of human trafficking and minimizing any potential barriers to assistance,” said USCIS Director Ur M. Jaddou

Human trafficking involves the use of force, fraud, or coercion to exploit individuals for labor or commercial sex. Traffickers often target vulnerable individuals, particularly those without lawful immigration status. DHS is committed to combating human trafficking through strong border enforcement and providing lawful pathways for immigrants.

T Visa Eligibility

The new rule clarifies T visa eligibility and application requirements. It reduces barriers for victims and allows USCIS officers to process applications more efficiently. It also enhances the program’s integrity by specifying reporting and evidentiary requirements. This aids law enforcement in identifying and prosecuting traffickers.

The USCIS has made 5,000 visas available a year for victims of human trafficking. This includes immigrants in the United States who were victims of the use of force, fraud, or coercion for sex trafficking and/or involuntary servitude, peonage, debt bondage, or slavery. To be eligible for a T visa, applicants must meet the following criteria:

1. Victim of a Severe Form of Trafficking in Persons. The applicant must demonstrate that they have been a victim of human trafficking. This includes both sex trafficking and labor trafficking. This involves being recruited, harbored, transported, or obtained for labor or services through force, fraud or coercion.
2. Physical Presence in the U.S. on Account of Trafficking. The applicant must be physically present in the United States, its territories, or at a port of entry because of the trafficking. This can include situations where the applicant has been brought into the U.S. for the purpose of trafficking or remained in the U.S. due to trafficking-related reasons.
3. Assistance in Investigation or Prosecution. The applicant must be willing to comply with any reasonable request from law enforcement for assistance in investigating or prosecuting human trafficking. Exceptions are made for applicants under 18 or those who are unable to cooperate due to physical or psychological trauma​.
4. Extreme Hardship. The applicant must demonstrate that they would suffer extreme hardship involving unusual and severe harm if they were removed from the United States​.

These eligibility requirements ensure that the T visa protects and supports victims of human trafficking while assisting law enforcement efforts to combat this crime.

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