If you are a survivor of sex trafficking or labor trafficking, the T visa provides legal status, work authorization, and a path to permanent residence in the United States.
The T nonimmigrant visa was created under the Victims of Trafficking and Violence Protection Act of 2000 to protect survivors of severe forms of human trafficking. It provides temporary legal status in the United States for trafficking victims who assist law enforcement in investigating or prosecuting trafficking crimes.
To qualify for a T visa, you must demonstrate: (1) you are a victim of a severe form of trafficking in persons, either sex trafficking (induced by force, fraud, or coercion into commercial sex acts) or labor trafficking (recruitment, harboring, transportation, or employment through force, fraud, or coercion for labor or services); (2) you are physically present in the U.S. as a result of the trafficking; (3) you have complied with any reasonable requests from law enforcement to assist in investigating or prosecuting the trafficking (with exceptions for trauma survivors under 18 and those with trauma bonds); and (4) you would suffer extreme hardship involving unusual and severe harm if removed from the U.S.
Unlike the U visa, minors (under 18) who are sex trafficking victims do not need to cooperate with law enforcement, the cooperation requirement is waived entirely for minor sex trafficking victims. For labor trafficking survivors under 18, cooperation may also be waived or modified.
The T visa is specifically for trafficking victims, not smuggling victims (where you paid to be transported across a border). Trafficking involves exploitation through force, fraud, or coercion; smuggling involves consensual payment for border crossing assistance. Many trafficking victims initially believe they were smuggled, an immigration attorney can help evaluate the distinction.
Unlike the U visa, T visa applicants can file a petition without a law enforcement agency (LEA) endorsement, but the endorsement strengthens the petition and is highly recommended when available. The LEA endorsement is submitted on Form I-914 Supplement B, completed by federal, state, or local law enforcement, prosecutors, judges, or USCIS itself.
If you cannot obtain an LEA endorsement, you can still file based on personal statements, witness declarations, and other evidence establishing trafficking victimization. USCIS evaluates the totality of the evidence and may contact law enforcement independently if you provide contact information.
The cooperation requirement does not mean you must be an ongoing informant or testify at trial. Providing information in an initial interview, assisting in identifying traffickers, or giving a statement to police satisfies the requirement. Victims under 18 in sex trafficking cases are entirely exempt from the cooperation requirement.
Victims with trauma bonding, PTSD, or other psychological effects of trafficking may have difficulty cooperating with law enforcement due to fear or psychological manipulation by their traffickers. USCIS recognizes these barriers and may waive the cooperation requirement if a licensed mental health professional certifies that the victim suffers from a psychological condition caused by trafficking that impairs cooperation.
Congress set an annual cap of 5,000 T visas per fiscal year. Unlike the U visa, this cap has never been fully reached in a single year, partly because T visa applications are fewer in volume and partly because the T visa requires more specific evidence of trafficking. As of 2026, the T visa backlog is considerably shorter than the U visa backlog.
Once approved, T visa holders receive T nonimmigrant status for 4 years (extendable for limited circumstances). They automatically receive work authorization as an incident of their status, no separate EAD filing is required. They may also be eligible for federally funded benefits to the same extent as refugees, including Refugee Cash Assistance, Refugee Medical Assistance, and other HHS Office of Refugee Resettlement (ORR) programs.
T visa holders are eligible for federal benefits through ORR's certification program. To access ORR benefits, a federal agency (typically HHS or DOJ) issues a letter of certification to T visa holders. This letter allows access to public assistance programs, job training, legal services, and other support. The certification process runs parallel to the T visa application.
If your T visa application is still pending, you can request Continued Presence (CP) from law enforcement as a protective measure while the application is processed. Continued Presence is a temporary immigration relief that law enforcement can request on a victim's behalf from DHS to allow them to remain in the U.S. during the investigation.
A T visa application requires Form I-914 with supporting evidence documenting the trafficking victimization. Key evidence categories include: personal statement describing the trafficking experience (force, fraud, or coercion used; labor or sexual exploitation experienced; and how you ended up in the U.S. as a result); LEA endorsement on Supplement B if available; evidence of compliance with law enforcement requests; evidence of physical presence in the U.S. resulting from trafficking.
Supporting documentation can include: police reports or court records from the trafficking case; medical records documenting injuries or conditions consistent with trafficking; mental health records documenting psychological trauma; records from social service agencies or anti-trafficking NGOs who assisted you; witness statements from people who observed your trafficking situation.
Anti-trafficking organizations, the National Human Trafficking Hotline (1-888-373-7888), Polaris Project, CAST (Coalition to Abolish Slavery and Trafficking), Safe Horizon, and local domestic violence organizations, can provide support letters and connect you with immigration attorneys experienced in T visa cases. Their documentation of your situation carries significant evidentiary weight.
Immigration legal aid organizations that specialize in trafficking survivor cases include CAST (Los Angeles), Safe Horizon (New York), NNEDV, and many regional legal aid societies. These organizations provide free or low-cost legal representation for T and U visa applicants. Do not attempt to file a T visa without experienced legal representation, the application requires careful evidentiary documentation.
T visa holders can apply for a green card after 3 years of continuous presence in the U.S. in T status (or earlier if the investigation or prosecution is complete). The T visa green card application is filed on Form I-485, Adjustment of Status.
To qualify for adjustment, T visa holders must: have maintained continuous physical presence for 3 years in T status (or the investigation/prosecution ended); be a person of good moral character since the T visa approval; comply with any reasonable law enforcement requests; be admissible or receive a waiver; and show that removal would result in extreme hardship to you or your qualifying family members if not otherwise eligible.
Derivative T visa status is available for qualifying family members: spouse, children, parents, and unmarried siblings under 18 if the principal T visa holder is under 21. Family members must apply separately on Form I-914B and provide evidence of the qualifying relationship. Approved derivative T visa holders receive the same benefits and work authorization as the principal.
T visa holders who apply for adjustment of status may also be eligible for a fee waiver (Form I-912) for the I-485 filing fees based on financial hardship. Given the circumstances of most trafficking survivors, fee waivers are commonly granted. An immigration attorney or legal aid organization can help prepare the fee waiver request.
H1B Visa Jobs Editorial Team
Senior Immigration Attorney
15+ years specializing in employment-based immigration. Has helped thousands of professionals navigate U.S. visa processes.