USCIS is revising its guidance in the USCIS Policy Manual to make it consistent with the Final Rule on Classification for Victims of Severe Forms of Trafficking in Persons and Eligibility for T Nonimmigrant Status. 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 remain 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 that eligible trafficking victims can obtain stabilizing protections and benefits in a timely manner.
The updated USCIS guidance is effective immediately and generally applies to applications pending or filed on or after August 28, 2024, except for the genuineness determination process, which generally only applies to applications filed on or after August 28, 2024. However, with respect to pending applications, nothing in the rule applies to an applicant that filed its application before August 28, 2024, if it would make an applicant that was eligible under the prior regulations ineligible.
Specifically, this policy guide:
- Emphasizes and expands the “any credible evidence” provision and its applicability to T nonimmigrant status applications;
- Emphasizes a victim-centered, trauma-informed approach to adjudicating T nonimmigrant status applications;
- Explains the bona fide determination process for applicants for T nonimmigrant status;
- It establishes additional exceptions to the general rule that departures from the United States after a person has been trafficked render an applicant unable to establish physical presence due to trafficking;
- Review the definition of “law enforcement agency”;
- Clarifies the requirement that an applicant must demonstrate 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
- It explains that an applicant generally must report his or her trafficking to law enforcement authorities with jurisdiction to investigate trafficking and satisfy the reporting requirement.
In addition, when an individual whose application is deemed genuine files Form I-765, Application for Employment Authorization, under category (c)(40), we will consider whether to grant deferred action and an Employment Authorization Document while adjudicating his or her application for T nonimmigrant status. We recommend that applicants file 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.
Find the updated guidance in Volume 3 and Volume 9 of the USCIS Manual. Visit the Policy Manual Feedback page to provide comments on this update.
Protect yourself from immigration scams and misinformation. Because victims of human trafficking are vulnerable and have already been subjected to abuse and mistreatment, we emphasize that you be wary of anyone offering guaranteed results. We also recommend that you educate yourself about the benefits you are requesting and be aware of the evidence you are presenting to us. You can also find information on how to avoid immigration scams and find a reputable attorney on our Find Legal Services website.
Source: USCIS
Be very careful!
Beware of notaries, immigration consultants, or anyone who is not qualified and prepared in these matters. Always seek the advice and services of an immigration attorney for your immigration processes and procedures.