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T visa for trafficking survivors: the requirements, how it differs from the U visa, and what happens after approval

T nonimmigrant status is for victims of a severe form of trafficking in persons who are in the United States because of it, who have complied with reasonable law enforcement requests (unless under 18 or unable because of trauma), and who would suffer extreme hardship involving unusual and severe harm if removed. There is no filing fee, and principals are capped at 5,000 a year. The National Human Trafficking Hotline is 24/7 and confidential: 1-888-373-7888.

The T visa is a form of immigration protection for survivors of human trafficking. The statute is 8 U.S.C. 1101(a)(15)(T), the annual limit is in 8 U.S.C. 1184(o), and since 2024 the application rules have sat in 8 CFR 214.200 to 214.216 (the subpart that replaced the older 8 CFR 214.11). The adjustment-of-status rule is 8 CFR 245.23. A person in the United States who is granted the status receives it here; no consular visa is involved.

People often confuse the T visa with the U visa. They have different requirements. The U visa turns on a list of crimes and a certification from an agency (see our page on the U visa). The T visa turns on whether the person was a victim of a "severe form of trafficking in persons" as the law defines it, and law enforcement declarations are optional.

This page explains how the rules work. It does not tell anyone whether their experience meets the definition or whether to apply. Only an attorney or a DOJ-accredited representative can advise on that.

Support now. The National Human Trafficking Hotline is 24/7 and confidential. Call 1-888-373-7888 (TTY 711), text 233733 or use the online chat at humantraffickinghotline.org. USCIS says the hotline "is operated by Polaris, a nonprofit, nongovernmental organization" and is available "from anywhere in the United States, 24 hours a day, 7 days a week, in more than 200 languages." If a person is also facing domestic violence, the National Domestic Violence Hotline is 1.800.799.7233. Its site says "Please contact 911 if you feel like you are in immediate danger or a life-threatening situation."

What counts as trafficking

The regulation defines a "severe form of trafficking in persons" as:

  • "sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act is under the age of 18 years"; or
  • "the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery" (8 CFR 214.201).

Except for sex trafficking of someone under 18, trafficking has to involve both a means (force, fraud or coercion) and an end (sex trafficking, involuntary servitude, peonage, debt bondage or slavery) (214.206(a)(1)). A person who never performed the labor or the sex act can still qualify if they were recruited, transported, harbored, provided or obtained for those purposes (214.206(a)(2)).

The same section defines the terms that carry the weight:

  • Coercion means "threats of serious harm to or physical restraint against any person; any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or the abuse or threatened abuse of the legal process."
  • Serious harm is "any harm, whether physical or nonphysical, including psychological, financial, or reputational harm, that is sufficiently serious, under all the surrounding circumstances, to compel a reasonable person of the same background and in the same circumstances to perform or to continue performing labor or services in order to avoid incurring that harm."
  • Peonage is "a status or condition of involuntary servitude based upon real or alleged indebtedness."

Whether a given job, recruitment debt or relationship meets these definitions is a legal and factual question. The definitions turn on force, fraud, coercion and purpose.

The four requirements

Under 8 CFR 214.202 (and 8 U.S.C. 1101(a)(15)(T)(i)), the applicant must show all of these, subject to the annual cap:

  1. Victim. The applicant "is or has been a victim of a severe form of trafficking in persons".
  2. Physical presence in the United States, American Samoa, the Northern Mariana Islands, or at a port of entry "on account of" the trafficking.
  3. Cooperation, unless an exemption or exception applies: compliance with any reasonable request for assistance from law enforcement.
  4. Hardship. The applicant "would suffer extreme hardship involving unusual and severe harm upon removal".

There is a bar: no one is eligible "if there is substantial reason to believe that the applicant has committed an act of a severe form of trafficking in persons" (214.202(e); 8 U.S.C. 1184(o)(1)).

Physical presence (214.207) can be shown in five ways: the person is still being trafficked; was liberated by law enforcement; escaped before law enforcement was involved; was trafficked in the past and their current presence is "directly related to the original trafficking in persons, regardless of the length of time that has passed"; or was allowed to enter to take part in investigative or judicial processes. A person who left the United States after the trafficking is treated as not present on account of it unless an exception applies, such as a new trafficking incident, re-entry to take part in the investigation or prosecution, or return for treatment unavailable at home.

Cooperation (214.208). The applicant must "at a minimum, contact an LEA with proper jurisdiction to report the acts of a severe form of trafficking in persons", and "Credible evidence documenting a single contact with an LEA may suffice." Reasonableness of a request depends on "the totality of the circumstances", with factors including the nature of the victimization, the victim's circumstances, cultural or religious objections, the time allowed, and the victim's age, health and maturity. Two situations remove the requirement: the person "was under 18 years of age at the time at least one act of trafficking occurred", or the person is "unable to cooperate with a reasonable request for assistance from law enforcement" because of physical or psychological trauma. The trauma exception is documented with a personal statement and evidence such as a signed statement from a professional (medical, mental health, social worker or victim advocate), records or other credible evidence.

Hardship (214.209). The factors include the applicant's age and circumstances, the physical and psychological consequences of the trafficking, the likelihood of re-victimization and of harm from the trafficker, loss of access to US courts for redress, laws or social practices that would penalise the person for having been trafficked, and economic harm. The regulation adds that the applicant "is encouraged to describe and document all factors that may be relevant", "as there is no guarantee that a particular reason(s) will satisfy the requirement."

Evidence, law enforcement declarations and Continued Presence

What the application contains. Form I-914 with "a detailed, signed personal statement from the applicant, in their own words" and "any credible evidence" for each requirement (214.204(c)). The statement covers the circumstances of the victimization, how the person's presence relates to it, the hardship feared on removal, and whether the person has complied with law enforcement requests.

The law enforcement declaration is optional. Form I-914 Supplement B, the "Declaration for Trafficking Victim", is optional evidence. The regulation says it is not given "any special evidentiary weight", does not itself grant a benefit or lead to automatic approval, is completed at the certifying official's discretion, and does not require a formal investigation or prosecution to have begun (214.204(e)). That is the main difference from the U visa, where the certification is required. USCIS's T page says a person may submit "records of your communication with law enforcement, trial transcripts, court documents, police reports, news articles, affidavits, or other relevant credible evidence" instead of or alongside the declaration. USCIS, not the agency, decides whether the applicant is a victim (214.204(g)).

Continued Presence. A separate federal protection, available only on a federal law enforcement agency's request, can be granted to trafficking victims; the regulation says a grant should be submitted with the application, and if later revoked it "will generally no longer be considered as evidence of the applicant's compliance" (214.204(i)). USCIS's page says Continued Presence is initially granted for 2 years and can lead to work authorization and federal benefits.

Inadmissibility. An applicant who is inadmissible must request a waiver on Form I-192 (214.204(d); 8 CFR 212.16). Statutory and regulatory limits on T waivers apply; ask a representative which grounds are waivable on the facts.

Safe address and confidentiality. USCIS's page says a safe address can go in the mailing address field and that information in a T application "is strictly confidential and is protected by law". DHS "may not deny your application based on evidence provided solely by your trafficker, unless a statutory exception applies." See 8 CFR 214.216 for the disclosure rules.

Fees, the cap and the waiting list

No filing fee. 8 CFR 106.2(a)(61) lists Form I-914 and its Supplements A and B at "No fee". Section 106.2(b)(2) exempts T applicants and holders from fees on related forms: travel documents, the I-192 and I-193 waivers, the I-290B, the I-485, the I-539 extension, the I-601, the I-765 work permit and the I-824. USCIS's T page says applicants and T nonimmigrants "are fee exempt from all forms through adjustment of status." Check the Form G-1055 fee schedule on uscis.gov, and treat a request for a government "filing fee" on a T application as a warning sign. Attorneys and accredited representatives may charge for their own work, and some organisations do not charge at all.

The cap. No more than 5,000 principal applicants can be granted T-1 status each fiscal year (8 U.S.C. 1184(o)(2); 8 CFR 214.210(a)). The limit applies to principals, not to spouses, children, siblings or parents (1184(o)(3)).

The waiting list. If the limit stops further grants, USCIS puts applicants who have a bona fide determination on a waiting list, in order of filing date, oldest first. Numbers are issued in the next fiscal year in priority order. While on the list "the applicant will not accrue unlawful presence", but a person can be removed from the list if no longer eligible or admissible (214.210(b)-(d)).

Bona fide determination. For applications filed on or after 28 August 2024, USCIS does an initial review. An application is bona fide if it is properly filed and complete, includes a signed personal statement, and initial background checks are complete and "do not present national security concerns" (214.205(a)(2)). Once an application is bona fide, USCIS "may consider the applicant for deferred action", and a bona fide application automatically stays execution of any final order of removal (214.205(e), (g)). USCIS's T page says a person must file Form I-765 under category (c)(40) to receive deferred action and work authorization on this basis, and recommends filing it at the same time as the I-914. There are no motion or appeal rights for a bona fide determination or for the exercise of enforcement discretion (214.205(d)(3), (e)(3)).

Removal proceedings. A person in removal proceedings applies directly to USCIS, and ICE "may exercise prosecutorial discretion". USCIS "generally will not refer an applicant for T nonimmigrant status for removal proceedings while the application is pending or following denial", with exceptions for serious aggravating circumstances (214.204(b)). A person with a final order of removal may still file. Filing "has no effect on DHS authority or discretion to execute a final order of removal" (a stay can be requested), a bona fide determination automatically stays the order, and approval cancels a DHS-issued order by operation of law, while an immigration judge's order needs a motion to reopen and terminate (214.204(b)(2), (o)(1)-(2); 214.205(g)).

After approval: status, family, travel and the green card

Status. T-1 status is generally granted for up to 4 years (214.203(a); 8 U.S.C. 1184(o)(7)). Extensions are possible where law enforcement certifies the person's presence is necessary to assist an investigation or prosecution, while an adjustment application is pending, or in exceptional circumstances. A T-1 holder is authorized to work incident to status; USCIS issues the work permit with the approval.

Family. A principal can apply for derivative status for eligible family members using Form I-914 Supplement A. For a principal 21 or older, the spouse and children; for a principal under 21, also parents and unmarried siblings under 18. Regardless of age, "any parent or unmarried sibling under 18 years of age, or adult or minor child of a derivative" can be included "where the family member faces a present danger of retaliation" because of the principal's escape or cooperation (214.201; 8 U.S.C. 1101(a)(15)(T)(ii)). USCIS notes derivatives receive deferred action and work authorization only after the principal does.

Travel. "In order to return to the United States after travel abroad and continue to hold T-1 nonimmigrant status, a T-1 nonimmigrant must be granted advance parole" before leaving (214.204(p)). Travel decisions are exactly the kind of question to put to a representative first.

Four-year limit and the green card. The notice of approval tells the person that failing to apply for adjustment during T status "will result in termination" of status at the end of the 4-year period or any extension (214.203(c)). Under 8 U.S.C. 1255(l) and 8 CFR 245.23, a T-1 may be granted permanent residence if they have been continuously physically present for at least 3 years since admission as a T-1, or for the period of the investigation or prosecution if that is complete and shorter, and have been a person of good moral character. They must also have complied with reasonable requests for assistance, or show extreme hardship involving unusual and severe harm on removal, or have been under 18 at the time of the victimization, or have established an inability to cooperate. A departure of more than 90 days at once, or 180 days in total, breaks continuity unless it was necessary for the investigation or an official certifies it was otherwise justified. Some inadmissibility grounds may be waived "if the activities rendering the alien inadmissible under the provision were caused by, or were incident to, the victimization" (1255(l)(2)). An annual limit of 5,000 applies to adjustment of principals (1255(l)(4)).

Denial. USCIS notifies the applicant in writing, and a denial can be appealed under 8 CFR 103.3; if appealed, the denial is not final until the appeal is decided. Where someone's earlier removal proceedings were terminated for the application, DHS may issue a new Notice to Appear after a final denial (214.204(q)).

Legal help, scams, and what a representative does

Only attorneys and DOJ-accredited representatives of recognized organizations can give legal advice or represent someone before USCIS or in immigration court (8 CFR 292.1, 1292.1). The National Human Trafficking Hotline's site has a Referral Directory of anti-trafficking organizations and programs. The USCIS "Find Legal Services" page and EOIR's List of Pro Bono Legal Service Providers (updated each January, April, July and October) are the official starting points; our pages on free immigration legal help and DOJ-accredited representatives explain them. Traffickers and scammers also exploit survivors' immigration fears; see immigration scams.

Work on a T application typically involves:

  1. reviewing the facts against the definitions of force, fraud and coercion, and the purpose element;
  2. documenting the physical-presence ground and the hardship factors;
  3. working out how the cooperation requirement was met or why an exception applies, and whether to ask an agency for a declaration;
  4. helping the applicant write a personal statement in their own words, with interpreter support;
  5. screening for inadmissibility and preparing a waiver; and
  6. planning the Form I-765 and any family applications.

That list describes the work. It does not tell any person whether to apply or whether they qualify.

If an applicant may also be a victim of other listed crimes, see our page on the U visa. If the abuser was a spouse, parent or adult child with US status, see VAWA self-petitions.

Finding a licensed attorney or accredited representative

Migratio's directory lists immigration attorneys and DOJ-accredited representatives. Listings are shown in a neutral order with factual filters (state, language, attorney or accredited representative). Migratio does not recommend, rank or match any lawyer, and it is not a lawyer referral service. Check any listing yourself against the state bar or the EOIR roster before you sign anything.

See attorneys and accredited representatives in the directory.

Notaries public, notarios and immigration consultants are not lawyers and cannot give immigration legal advice. Only a licensed attorney or a DOJ-accredited representative can.

Migratio is not a law firm and does not give legal advice. Only a licensed attorney or a DOJ-accredited representative can advise you.

Questions people ask

What is the difference between a T visa and a U visa?

The T visa is for victims of a severe form of trafficking in persons, and a law enforcement declaration is optional (8 CFR 214.204(e)). The U visa is for victims of listed crimes who have suffered substantial abuse, and a signed certification from a certifying agency is required (8 CFR 214.14(c)(2)). The T cap is 5,000 principals a year and the U cap is 10,000.

Does a T visa cost anything to file?

The government filing fee is $0 for Form I-914 and its supplements (8 CFR 106.2(a)(61)), and related forms are exempt through adjustment of status (106.2(b)(2)). Lawyers may charge for their own work; some organisations do not charge for their help.

Do I have to report to the police to get a T visa?

The applicant must have complied with any reasonable request for assistance from law enforcement, and at a minimum contacted a law enforcement agency to report the trafficking, unless the person was under 18 when an act of trafficking occurred or cannot cooperate because of physical or psychological trauma (8 CFR 214.202(c), 214.208). One credible contact "may suffice".

Can family members get a T visa?

Eligible family members can apply as derivatives on Form I-914 Supplement A: spouse and children for an applicant 21 or older, and also parents and unmarried siblings under 18 for an applicant under 21. Parents, siblings and the children of derivatives can also be included where they face a present danger of retaliation (8 CFR 214.201, 214.211).

How long does T status last and can it lead to a green card?

T-1 status is generally granted for 4 years. After 3 years of continuous physical presence, or earlier if the investigation or prosecution is complete, a T nonimmigrant who meets the requirements may apply for permanent residence (8 U.S.C. 1255(l); 8 CFR 245.23).

What if I am afraid to contact USCIS from my home?

USCIS says an applicant can put a safe address in the mailing address field, and that the information in a T application is confidential and protected by law. Call the National Human Trafficking Hotline (1-888-373-7888) for confidential support and referrals.

Sources

Last checked 2026-10-10.

Related guides

  • U visa: who it covers, the law enforcement certification, no filing fee, and the annual cap — U nonimmigrant status is for victims of listed crimes who suffered substantial abuse and have been, are or are likely to be helpful to the authorities. The petition (Form I-918) needs a signed certification from a certifying agency, has no filing fee, and principals are capped at 10,000 a year, with a waiting list and deferred action when the cap is reached. Confidential support is available 24/7 from the National Domestic Violence Hotline (1.800.799.7233) and the National Human Trafficking Hotline (1-888-373-7888).
  • VAWA self-petition (Form I-360): who can file, what must be shown, and what an approval does — A VAWA self-petition lets certain spouses, children and parents of abusive U.S. citizens or permanent residents ask for immigrant classification without the abuser's involvement or knowledge. The statute is 8 U.S.C. 1154(a)(1); the form is I-360, and there is no filing fee. An approval gives classification, not status: a green card comes through a separate step. The National Domestic Violence Hotline is confidential and open 24/7 at 1.800.799.7233.
  • Free ($0) and low-cost immigration legal help: where it comes from — Legal help at $0 or low cost comes mainly from three official sources: EOIR's List of Pro Bono Legal Service Providers (for people in immigration court), DOJ-recognized non-profits with accredited representatives, and supervised law school clinics. Government filing fees usually still apply.
  • What is a DOJ accredited representative? — An accredited representative is a non-attorney the Department of Justice has approved to represent people in immigration matters, working only through a DOJ-recognized non-profit. 'Full' accreditation covers USCIS, immigration court and the BIA; 'DHS only' covers USCIS and the rest of DHS.
  • Immigration scams: warning signs and where to report them — Only attorneys and DOJ-accredited representatives may give immigration legal advice, USCIS forms are available at no cost on its website, and USCIS does not take payment by gift card or by apps such as Venmo. If you have paid a scammer, report to the FTC and your state consumer protection office.
  • Notario vs. immigration lawyer: what a notary can't do — In the United States a notary public (notario público) is not a lawyer and may not give immigration legal advice or represent you. Federal rules limit representation to attorneys, DOJ-accredited representatives and a few narrow categories.
  • Form I-765 fee 2026: $520, $260, $570 or no fee — The standard paper fee for Form I-765 is $520 (8 CFR 106.2(a)(44)). It is $260 with a pending I-485 filed with a fee after 1 April 2024, some groups pay nothing, and a statutory fee applies to initial asylum, parole and TPS work permits, rising from $560 to $570 on 16 October 2026.
  • Advance parole (Form I-131): the fee and the travel rules — Advance parole, a reentry permit and most other travel documents on Form I-131 cost $630 under 8 CFR 106.2(a)(7)(iii); refugee travel documents cost $165 (age 16 or older) or $135. Under 8 CFR 245.2(a)(4)(ii), leaving the US while an adjustment application is pending is treated as abandoning it unless advance parole was granted first and the person was inspected on return.