United States Citizenship and Immigration Services (USCIS) has updated its guidance in the USCIS Policy Manual to align with the Classification for Victims of Severe Forms of Trafficking in Persons; Eligibility for “T” Nonimmigrant Status Final Rule. This rule was published in the Federal Register on April 30, 2024.
T nonimmigrant status, also called a T visa, allows certain victims of human trafficking to stay in the United States for an initial period of up to four years. The final rule strengthens the integrity of the T visa program and ensures eligible victims of human trafficking can get protections and stabilizing benefits in a timely way.
USCIS’ updated policy guidance (PDF, 232.24 KB) is effective immediately and applies generally to applications pending or filed on or after August 28, 2024, except for the bona fide determination process, which generally only applies to applications filed on or after August 28, 2024. However, regarding pending applications, no provision of the rule applies to an applicant who filed before August 28, 2024, if it would make an applicant who was eligible under the previous regulations, ineligible.
Specifically, this policy guidance:
- Emphasizes and expands on the “any credible evidence” provision and its applicability to applications for T nonimmigrant status;
- Emphasizes a victim-centered and trauma-informed approach to adjudicating applications for T nonimmigrant status;
- Explains the bona fide determination process for applicants for T nonimmigrant status;
- Provides additional exceptions to the general rule that departures from the United States after trafficking render an applicant unable to establish physical presence on account of their trafficking;
- Revises the definition of “law enforcement agency”;
- Clarifies the requirement that an applicant must establish that a perpetrator engaged in a specific prohibited action “for the purpose of” inducing a commercial sex act or subjecting the applicant to involuntary servitude, peonage, debt bondage, or slavery; and
- Explains that an applicant generally must report their trafficking to law enforcement authorities with jurisdiction to investigate their trafficking to satisfy the reporting requirement.
In addition, when an individual whose application is deemed bona fide files Form I-765, Application for Employment Authorization, under category (c)(40), USCIS will consider whether to grant them deferred action and an Employment Authorization Document while the application for T nonimmigrant status is adjudicated. USCIS recommends that applicants submit Form I-765 with their Form I-914, Application for T Nonimmigrant Status. Applicants for T nonimmigrant status do not need to pay a fee to file Form I-765.
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