USCIS Updates T Visa Guidelines: Enhanced Safeguards for Human Trafficking Survivors

USCIS has updated its guidelines on T nonimmigrant status in a major policy update, including vital safeguards for human trafficking victims. In order to ensure that qualified individuals can start over in the United States, the new rule, which goes into effect on August 28, 2024, prioritizes a victim-centered approach and permits applicants to receive benefits on time.

To better comply with the final rule for T Visa applicants, the U.S. Citizenship and Immigration Services (USCIS) has announced major changes to its policy manual. The purpose of this modification is to guarantee that eligible victims of human trafficking receive prompt protections and benefits while also bolstering the integrity of the T visa program.

Overview: T Visa

Some victims of human trafficking are permitted to stay in the United States for a maximum of four years initially on a T visa, also referred to as T nonimmigrant status. For those who have experienced severe types of human trafficking and require time to heal and start afresh, this status offers a haven.

Key Changes to the T Visa Policy

Several significant modifications are included in the amended policy guidance:

1. A focus on the victim-centered method

When evaluating T visa petitions, USCIS will now use a more trauma-informed and victim-centered approach. This implies that the organization will put victims’ needs and experiences first and refrain from doing more harm while the application process is underway.

2. Expanded “Any Credible Evidence” Clause

The “any credible evidence” clause’s relevance to T visa applications is now emphasized in the policy. This implies that victims might offer a greater variety of proof to back up their allegations, even if it might not be regarded as conventional legal proof.

3. Bona Fide Determination Process

The bona fide determination procedure, which determines the veracity of an applicant’s trafficking claim, has been made clearer by USCIS. Now, this procedure will be more effective and efficient.

4. Departure Requirement Exceptions

Additional exceptions to the general rule that an applicant may lose their eligibility for T status if they leave the United States after being trafficked have been added to the regulation. This will lessen the likelihood that victims will be punished for acts they took while their traffickers were in control of them.

5. Explanations of the Perpetrator’s Behavior

The necessity that an applicant prove that a perpetrator committed a particular illegal act “for” causing a commercial sex act or enslaving the applicant is made clearer by the policy. By doing this, victims won’t be unjustly refused T status based on technicalities.

6. The Need to Report

According to USCIS, to meet the reporting requirement, an applicant often needs to notify law enforcement of their trafficking. By doing this, victims’ cooperation with law enforcement and the investigation of their cases would be improved.

Additional Benefits for T Visa Applicants

Along with the policy changes, USCIS has stated that it will take into account providing T visa applicants who have submitted Form I-765 with an Employment Authorization Document (EAD) and postponed action. As their petitions are being processed, victims will be able to work lawfully in the US.

How to Apply for a T Visa

People who think they could qualify for T status should speak with an immigration lawyer about their unique situation. To apply, one must submit Form I-765, Application for T Nonimmigrant Status, Form I-914, and any supporting evidence.

There is no cost for anyone applying for T nonimmigrant status to submit Form I-765.

Conclusion

In terms of safeguarding human trafficking victims and making sure they have access to the assistance and resources they require to start over, the USCIS’s revised policy guidelines are a major advancement. USCIS is contributing to the fight against human trafficking and the advancement of human rights by fortifying the T visa program.