A T visa is nonimmigrant status under INA § 101(a)(15)(T) for victims of a severe form of human trafficking who are in the United States because of the trafficking, have complied with reasonable law enforcement requests unless exempt, and would suffer extreme hardship involving unusual and severe harm if removed. You apply on Form I-914. T status lasts up to four years and can lead to a green card.
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| Governing law | INA § 101(a)(15)(T); green card under INA § 245(l) |
|---|---|
| Main form | Form I-914; the Supplement B law enforcement declaration is optional |
| Who can apply | Survivors of sex or labor trafficking present in the US on account of it |
| Cooperation | Reasonable requests from law enforcement, with exceptions for minors and for trauma |
| Family | Spouse and children; in some cases parents and unmarried siblings under 18 |
| Where it leads | Up to four years of status; green card generally after three years |
What counts as human trafficking under US law?
Human trafficking means using force, fraud or coercion to make someone work, provide services or engage in commercial sex. It does not require crossing a border, confinement, or physical harm. The T visa, sometimes called the human trafficking visa, gives survivors who are here because of trafficking a lawful status and a path to a green card.
US law, in the Trafficking Victims Protection Act, recognizes two severe forms of trafficking. The T visa protects survivors of both.
- Sex trafficking Recruiting, harboring, transporting or obtaining a person for a commercial sex act through force, fraud or coercion. When the person is under eighteen, no one needs to show force, fraud or coercion.
- Labor trafficking Obtaining a person’s labor or services through force, fraud or coercion for the purpose of involuntary servitude, peonage, debt bondage or slavery.
Coercion often looks ordinary from the outside. Threats against family at home, a debt that keeps growing, or a passport kept by an employer can all be part of trafficking. So can threats to report someone to immigration, which is common in labor trafficking. Many survivors do not recognize what happened to them as trafficking until someone explains the law.
Who qualifies for a T visa?
You may qualify for a T visa if you are a survivor of a severe form of trafficking. You must also meet four conditions set out in INA § 101(a)(15)(T). USCIS weighs any credible evidence, and your own statement is a central part of it.
- You are or were a trafficking victim You experienced sex or labor trafficking as defined above, whether it began inside or outside the United States.
- You are here on account of the trafficking You are physically present in the United States, including at a port of entry, because of the trafficking.
- You complied with reasonable requests You have responded to reasonable requests from law enforcement for help, unless you were under eighteen or trauma prevents it.
- Removal would cause extreme hardship Removal would cause extreme hardship involving unusual and severe harm, such as lack of medical or psychological care, or risk of being trafficked again.
Your immigration status, how you entered and how long ago you escaped do not by themselves rule you out. An attorney will look at how each condition applies to your facts.
Do you have to work with law enforcement?
The T visa asks for cooperation with reasonable requests, not a completed prosecution. Unlike the U visa, it does not require a signed certification from a police or prosecutorial agency.
A law enforcement declaration on Form I-914 Supplement B can help, and many applicants include one. Without it, you can show cooperation through your own statement and records of reports you made. Letters from advocates or attorneys who helped you contact the authorities also count.
- Age exception Survivors who were under eighteen when the trafficking happened do not have to show cooperation.
- Trauma exception USCIS can excuse survivors whose physical or psychological trauma makes cooperation impossible, with evidence of that trauma.
- Continued Presence A separate, temporary status that federal law enforcement can request for trafficking survivors who may be witnesses. It includes work authorization and is strong evidence for a T visa.
How do you apply for a T visa?
You apply for a T visa by filing Form I-914 with USCIS, with a personal statement and supporting evidence. USCIS publishes the current form and instructions online. Most of the work lies in preparing the statement carefully and at a pace you can manage.
- Your statement An account in your own words of how the traffickers recruited you, how they controlled you and how you got away. You can take breaks and prepare it over several meetings.
- Supporting evidence Police or FBI reports, Supplement B if available, medical or counseling records, pay records, messages and statements from people who know what happened.
- Waiver, if needed Form I-192 asks USCIS to waive inadmissibility grounds, including many that the trafficking itself caused.
- Family members Supplement A for each qualifying relative, filed with your application or later.
- Biometrics and review Fingerprints and background checks, then review of the case, which may include an interview or a request for more evidence.
If a complete application appears to meet the requirements, USCIS can issue a bona fide determination. That can bring deferred action and work authorization while USCIS decides the case. Congress capped principal T visas at five thousand a year, but that cap has not historically created a waiting list.
Is a T visa application kept confidential?
Yes. Under 8 U.S.C. § 1367, federal immigration officials generally may not disclose information about a T visa application to anyone. That includes the trafficker and the trafficker’s associates.
The same statute bars officials from making an adverse decision based only on information supplied by the trafficker. That matters when a trafficker has made false accusations or threatened to report someone to immigration. These protections have narrow exceptions for law enforcement and national security purposes.
Your conversations with an attorney are also protected by attorney–client privilege, whether or not you go ahead with an application.
Can family members be included in a T visa case?
Yes. Traffickers often control people by threatening their families. For that reason, the T visa allows close relatives to receive status too, whether they are in the United States or abroad.
- If you are twenty-one or older Your spouse and unmarried children under twenty-one.
- If you are under twenty-one Your spouse, unmarried children under twenty-one, parents and unmarried siblings under eighteen.
- Relatives in danger Parents and unmarried siblings under eighteen, regardless of your age, and certain children of your relatives, if they face a present danger of retaliation because you escaped or cooperated with law enforcement.
Relatives abroad complete the process at a US embassy or consulate after USCIS approves Supplement A. Where the abuse came from a US citizen or permanent resident spouse or parent rather than a trafficker, a VAWA self-petition may fit better. The asylum and humanitarian overview explains how family protection differs across the humanitarian routes.
What if you are already in immigration court?
You can apply for a T visa even while you are in removal proceedings. USCIS decides the T visa, and the immigration court case continues separately unless the judge agrees to pause or close it.
A pending T visa application can support a request to pause the court case while USCIS decides, especially once it has a bona fide determination. The request goes to the judge or the government’s attorney. Whether that request succeeds depends on the facts and on current practice, so your attorney needs to manage the two cases together. The removal proceedings page explains how the court side works.
If a judge has already ordered you removed, a T visa can still be possible. Once USCIS approves it, your attorney can address the earlier removal order, often through a motion to reopen and terminate the court case.
How does a T visa lead to a green card?
A T visa holder can apply for a green card on Form I-485 under INA § 245(l) after three years of continuous physical presence in T status. It can be sooner if the Attorney General confirms that the investigation or prosecution is complete.
At that stage you show good moral character during your time in T status. You also show one of three things: you complied with reasonable requests from law enforcement, you were under eighteen, or you would suffer extreme hardship involving unusual and severe harm if removed. Family members with T status can apply alongside you. After holding the green card for the required period, you can apply for naturalization.
What does a T visa case cost?
As your T visa lawyer, we quote the case as a flat fee, agreed in writing before any work begins. The fee does not rise because the case takes longer than expected. USCIS sets government fees, where they apply, and you pay them separately; fee waivers are available for several T visa filings. The fees and consultations page explains what the flat fee includes.
The first consultation is free, private and about thirty minutes long, in person, by phone or by video.