Victims of Human Trafficking: T Nonimmigrant Status

You may be eligible for T nonimmigrant status if you:

• Are or were a victim of a severe form of trafficking in persons as defined above;
• Are physically present in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or at a port of entry because you were trafficked;
• Complied with any reasonable request from a law enforcement agency for assistance in the detection, investigation, or prosecution of human trafficking (unless you were under the age of 18 at the time at least 1 of the acts of trafficking occurred or you are unable to cooperate due to physical or psychological trauma; if either case applies, you may not need to show that you complied with reasonable requests from law enforcement);
• Show that you would suffer extreme hardship involving unusual and severe harm if you were removed from the United States; and
• Are admissible to the United States. If you are not admissible, you may be eligible for a waiver of certain grounds of inadmissibility. You may apply for a waiver using a Form I-192, Application for Advance Permission to Enter as a Nonimmigrant.

To apply for T nonimmigrant status, you must submit:

• Form I-914, Application for T Nonimmigrant Status, including a personal statement describing the trafficking you are or were subjected to;
• Evidence to establish that you complied with any reasonable request for assistance from law enforcement, or that you qualify for an exception or exemption. You may submit Form I-914, Supplement B, Declaration for Trafficking Victim, to demonstrate that you are a victim of trafficking and that you have complied with any reasonable request to assist law enforcement. However, you may also choose to submit other evidence instead of or in addition to the Form I-914, Supplement B, such as records of your communication with law enforcement, trial transcripts, court documents, police reports, news articles, affidavits, or other relevant credible evidence;
• Evidence to show that you meet all other eligibility requirements; and
• Evidence to demonstrate that you are admissible, or Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, seeking a waiver of applicable inadmissibility grounds, if you are inadmissible.

Fees

Applicants for T nonimmigrant status and T nonimmigrants are fee exempt from all forms through adjustment of status.  You can find additional information on filing fees for our forms on our Fee Schedule page. 

Safe Address and Confidentiality Protections

If you do not feel safe receiving mail from USCIS at your home address, you may include a safe address on your application in the mailing address field. You do not have to be living at the safe address for us to send mail to it. If you need to let us know that you changed your mailing address after you filed an application for T nonimmigrant status, see our Change of Address Procedures for VAWA/T/U Cases and Form I-751 Abuse Waivers webpage.

If you apply for T nonimmigrant status with USCIS, any information about you or your application for T nonimmigrant status is strictly confidential and is protected by law. DHS can only share this information in very limited circumstances and may not deny your application based on evidence provided solely by your trafficker.

Certain eligible family members may be eligible for T nonimmigrant status. Regardless of your age, you may apply for the following family members if they are in present danger of retaliation because of your escape from trafficking or cooperation with law enforcement:

• Your parents;
• Your unmarried siblings under 18 years of age; and
• The children of any age or marital status of your eligible family members who have been granted derivative T nonimmigrant status.

If your family members are not in present danger of retaliation, then follow the chart below:

To apply for an eligible family member, you must file Form I-914, Supplement A, Application for Derivative T Nonimmigrant Status. You may file Form I-914, Supplement A, at the same time as your Form I-914, or while your application is pending, or while you are in T nonimmigrant status

We have authority to provide deferred action and employment authorization to aliens with pending, bona fide T nonimmigrant status applications. Effective Aug. 28, 2024, we implemented a modified bona fide determination process. This process generally applies to all applications for T nonimmigrant status filed on or after that date by applicants and their eligible family members who are in the United States. To receive deferred action and employment authorization, you must file Form I-765, Application for Employment Authorization, under 8 CFR 274a.12(c)(40). If you have filed a bona fide Form I-914 or Form I-914, Supplement A, but have not filed an accompanying Form I-765, we will notify you that we have deemed your application bona fide, and we will invite you to file Form I-765 to be considered for deferred action and employment authorization.

Please note: We strongly encourage you to file your application for T nonimmigrant status and your Form I-765 under category (c)(40) concurrently. If you wait to file Form I-765, it will take longer to process. In addition, if you are a principal applicant with derivative family members, they will not receive deferred action and employment authorization until you receive deferred action and employment authorization. If you have a pending Form I-765 filed under category (a)(16) or (c)(25), we may convert it to the (c)(40) category to process the Employment Authorization Document more efficiently.

Whether you need to file Form I-765, Application for Employment Authorization, depends on whether you are a principal applicant or eligible family member.

• Principal applicants: If you are granted T nonimmigrant status, we will provide you with an Employment Authorization Document (EAD) at the same time we approve your Form I-914. We use the information from your Form I-914 to generate the EAD, which is also known as a work permit. You do not need to file Form I-765 with the application for T nonimmigrant status. However, to receive a bona fide determination for deferred action and employment authorization, you must submit Form I-765, and we recommend you submit it concurrently with your Form I-914.
• Eligible family members: If you are included as an eligible family member on Form I-914, Supplement A, and you are living in the United States, you must submit Form I-765 if you want to apply for an EAD. You may file Form I-765 together with Form I-914, Supplement A, or later. If you live outside the United States, you are not eligible to receive an EAD until you are lawfully admitted to the United States. Do not file Form I-765 if you are living outside the United States.

T nonimmigrant status is generally granted for 4 years. In certain situations, you may be able to extend your T nonimmigrant status by filing Form I-539, Application to Extend/Change Nonimmigrant Status.

Additionally, you may be eligible for lawful permanent residence (a Green Card) after 3 years of continuous physical presence in the United States since you were lawfully admitted as a T nonimmigrant, or if you maintained continuous physical presence in the United States during the investigation or prosecution of the trafficking that is now complete, whichever occurs earlier. For detailed information about the eligibility requirements, see Green Card for a Victim of Trafficking (T Nonimmigrant).

If you have T nonimmigrant status, you are eligible for several federally funded benefits and services. If you do not yet have T nonimmigrant status but are a victim of trafficking, you may also be eligible for these benefits and services if:

• The DHS Center for Countering Human Trafficking (CCHT) has granted you Continued Presence (PDF); or
• The U.S. Department of Health and Human Services (HHS) has provided you with a letter of certification or eligibility.

• T Visa Law Enforcement Resource Guide
• U nonimmigrant status: Victims of human trafficking may also be eligible to apply for U nonimmigrant status (U visa). See Victims of Criminal Activity, U Nonimmigrant Status.
• Continued Presence: CCHT may grant Continued Presence for an initial period of 2 years to victims of human trafficking to provide immediate temporary relief from removal from the United States. Victims must meet certain requirements, and only a federal law enforcement agency (such as ICE or the FBI) may request Continued Presence for an individual. Those granted Continued Presence are eligible to apply for employment authorization as well as federal services and benefits. For more information, see CCHT’s Continued Presence fact sheet (PDF) and Continued Presence Resource Guide.
• USCIS resources: Find information for victims and organizations that help them at Resources for Victims of Human Trafficking & Other Crimes.
• Information for law enforcement: Learn about law enforcement’s role in supporting applications for T nonimmigrant status and other relief for victims of human trafficking and other crimes at Information for Law Enforcement Agencies and Judges.

National Human Trafficking Hotline: To report suspected human trafficking and receive support and services to get help and information on how to stay safe, call 1-888-373-7888. This is a national, toll-free hotline, available to answer calls from anywhere in the United States, 24 hours a day, 7 days a week, in more than 200 languages. The hotline is operated by Polaris, a nonprofit, nongovernmental organization.

More Information

• Questions & Answers: T Nonimmigrant Status
• Green Card for a Victim of Trafficking (T Nonimmigrant)
• Resources for Victims of Human Trafficking & Other Crimes

Forms

• Form I-914, Application for T Nonimmigrant Status
• Form Form I-914, Supplement A, Application for Derivative T Nonimmigrant Status
• Form I-914, Supplement B, Declaration for Trafficking Victim (for law enforcement use only)
• Form I-765, Application for Employment Authorization
• Form I-192, Application for Advance Permission to Enter as a Nonimmigrant
• Form I-485, Application to Register Permanent Residence or Adjust Status
• Form I-601, Application for Waiver of Grounds of Inadmissibility

Victims of Human Trafficking Policy

• USCIS Policy Manual
• Policy Memoranda

Non-USCIS Links

• Department of State: Office to Monitor and Combat Trafficking in Persons
• ICE: Homeland Security Investigations
• DHS: Center for Countering Human Trafficking
• DHS Blue Campaign
• U.S. Customs & Immigration Enforcement: Human Trafficking