USCIS Updates Policy Manual 2024

T Visa to help protect victims of human trafficking

On October 23, 2024, U.S. Citizenship and Immigration Services (USCIS) has updated the Policy Manual to reflect the 2024 T Nonimmigrant Status final rule. This rule published on April 30, 2024 brings changes to policies and eligibility for T visa applicants. This rule strengthens support and protections for human trafficking victims seeking T status in the US.

T Visa for Victims of Human Trafficking : What You Need to Know

The T visa program (T nonimmigrant status) is a way for certain victims of severe forms of human trafficking to find safety and protection in the United States. Created under the Trafficking Victims Protection Act (TVPA) of 2000, this visa is supposed to provide safety, support and a way to legal status for noncitizen victims of trafficking. Despite changes to the program, there are still many challenges and issues affecting applicants, law enforcement and policy enforcement. Here’s the rundown on the current T visa program, recent changes and ongoing problems.

T Visa Eligibilty

To be eligible for T status, you must:

  • Be a victim of severe human trafficking.
  • Be in the US due to trafficking.
  • Assist law enforcement in trafficking investigations (except minors or those unable to cooperate due to trauma).
  • Show extreme hardship if removed from the US.

Keys to T Visa Program:

  • Validity: Up to 4 years, with extensions possible.
  • Benefits: Support and stabilization services.
  • Eligibility: Certain criteria to prove trafficking, including labor trafficking, and cooperation with law enforcement.

T Visa Benefits

1. Legal Status and Protection

  • Duration of Stay: 4 years initial period of stay, with extensions possible.
  • Path to Permanent Residency: After meeting requirements, T visa holders can apply for a green card (permanent residency) after 3 years in T status.
  • Services: T visa holders get access to services like healthcare, counseling and job placement to help them rebuild.
    • T visa holders who have experienced debt bondage can access services to help them rebuild.

2. Support for Law Enforcement

  • Encourages Cooperation: By providing legal protections, the T visa encourages victims to cooperate with law enforcement in prosecuting traffickers, making cases against traffickers stronger.
    • The T visa also encourages victims of involuntary servitude to cooperate with law enforcement, aiding in the prosecution of severe forms of trafficking.
  • Broadens Investigative Scope: Expanding the definition of “law enforcement agencies” allows victims to report to more agencies, supporting more thorough investigations.

T Visa Final Rule

USCIS has updated T visa policy guidance effective immediately for new and pending applications filed on or after August 28, 2024. The new regulations allow victims to establish physical presence regardless of the time elapsed between the trafficking incident and their T visa application. Below are the highlights:

Key changes from the 2024 final rule include codifying existing policy, clarifying eligibility and procedural changes to make the application process smoother and more supportive.

General Effective Date:

  • Applies to applications pending or filed on or after August 28, 2024.
  • Bona fide determination applies to applications filed on or after August 28, 2024.
  • Applications filed before August 28, 2024 will not make previously eligible applicants ineligible under the new rule.

USCIS Policy Manual Updates

1. “Any Credible Evidence” Standard

  • Expanded Evidence Acceptance: Accepting any credible evidence related to the trafficking experience. This allows for flexibility for applicants who don’t have typical documentation.
  • Expanded Applicability: This provision simplifies the process for applicants who don’t have access to traditional documentation or resources.

2. Victim-Centered, Trauma-Informed Approach

  • Supportive Adjudication Process: USCIS will now have a compassionate, trauma-informed review process to minimize re-traumatization.
    • Victims can contact the National Human Trafficking Hotline, a 24-hour, toll-free resource available throughout the U.S., to report suspected trafficking and receive vital support and information on how to stay safe.
  • Officer Training: Officers will be trained to understand the challenges faced by trafficking survivors to have an empathetic and respectful application review.

3. Bona Fide Determination Process

  • Expedited Application Review: Creates a “bona fide determination” process to identify and prioritize applications that meet initial eligibility.
  • Work Authorization: If an applicant’s case is deemed bona fide they may receive deferred action and work authorization on Form I-765 (Employment Authorization Document).

4. Physical Presence Exceptions

  • New Exceptions for Departures: Applicants who left the US after trafficking may still be eligible if their departure was due to specific circumstances.
  • Flexibility for Victims in Special Circumstances: Recognizes that victims may not be able to stay in the US after being trafficked.

5. Redefining “Law Enforcement Agency”

Reporting Requirements

  • Expands the definition of agencies victims can report to so more options to meet reporting requirement.
  • Victims of sex trafficking can report their experiences to a broader range of law enforcement agencies, including local, state, and federal authorities. This ensures that survivors of severe forms of trafficking, such as sex trafficking, have more avenues to seek help and meet the reporting requirements for T nonimmigrant status.

Clearer Cooperation Guidelines

  • Clarifies that applicants need to report to a recognized agency with jurisdiction so more options for victims to meet this criterion.

6. Prohibited Actions by Traffickers

Specific Requirements for Eligibility

  • Applicants must show the trafficker engaged in specific illegal activity for forced labor or sexual exploitation.
  • Applicants must show traffickers engaged in actions that qualify them for T visas.

Clearer Path for Applicants

Provides a more direct way to demonstrate eligibility by clarifying these prohibited actions.

7. Mandatory Reporting to Law Enforcement

Requirement to Cooperate with Authorities

  • In most cases, victims must report their trafficking to a law enforcement agency to be eligible for a T visa.
  • U.S. Citizenship and Immigration Services (USCIS) processes applications for victims who report to law enforcement.

Supporting Victims through Reporting

Ensures trafficking is reported so cases can be prevented and victims can build trust with authorities.

Work Authorization and Form I-765

Victims with a bona fide application can submit Form I-765 to request work authorization so they can work legally while waiting for a final decision on their T visa. Victims of debt bondage, a severe form of human trafficking involving involuntary servitude through fraud or coercion, can also apply for work authorization during this period. USCIS recommends applicants file this form with their Form I-914 (Application for T Nonimmigrant Status) for a faster process.

Points to Remember:

  • No Fee for Form I-765: T applicants don’t have to pay any fee to apply for work authorization.
  • Deferred Action: If deemed bona fide applicants may be granted deferred action and work authorization.
    • Victims of labor trafficking may also be granted deferred action and work authorization, highlighting the importance of reporting the crime to law enforcement.

Analysis of Recent T Visa Changes

The October 2024 USCIS updates addressed some of the long standing issues in the T visa program, but the process is still a work in progress. These changes are supposed to fix some of the biggest problems, but there’s still more to go.

1. Long Processing Times and Limited Access to Benefits

  • Processing Time: Despite the expedited “bona fide determination” process, applicants are still waiting months and in many cases over a year. Victims may not be eligible for work authorization or deferred action until the bona fide determination is made.
    • Certain victims may face long processing times before receiving benefits.
  • Employment Authorization: Under the 2024 changes, applicants with bona fide determinations can get work authorization. But for many, the wait time to get to that point is a barrier to financial stability.
  • Family Reunification: Processing delays also affect family members of applicants, preventing timely reunification with family left behind in dangerous or precarious situations.

2. Physical Presence and Departure Exceptions

  • Physical Presence Challenges: Many T visa applicants were trafficked across multiple countries or locations in the U.S. so proving “continuous physical presence” linked to trafficking is difficult.
    • Victims must establish physical presence linked to trafficking, demonstrating they have been physically present in the U.S. due to trafficking incidents.
  • Departure Exceptions: The 2024 update added exceptions for victims who had to leave the U.S. due to circumstances related to their trafficking. While this is some relief, applicants still have to meet specific exceptions and documenting valid reasons can be complicated and retraumatizing.

3. Reporting Requirements and Cooperation with Law Enforcement

  • Mandatory Reporting Issues: Victims are required to report their trafficking to law enforcement to qualify. While this is good for prosecution, it may deter some applicants who fear retaliation, don’t trust authorities or face language and cultural barriers.
    • Victims of involuntary servitude must report their trafficking to law enforcement to qualify for support and relief under immigration law.
  • Broadened Definition of Law Enforcement Agencies: The policy update allows victims to report to more agencies, more flexibility. But applicants in rural or remote areas may still not have access to agencies or resources to meet this requirement.

4. Admissibility and Waiver Issues

  • Admissibility Standards: T visa applicants must meet admissibility requirements similar to other visa programs, so they may be inadmissible due to prior immigration violations or criminal records resulting from their trafficking.
  • Waiver Availability: While waivers are available for some grounds of inadmissibility, the process is complicated and difficult to do without legal help. Victims without legal representation may not be able to access these protections and get T status.

Ongoing Issues with the T Visa Program

Despite these changes, there are still issues in the T visa program that hinder the effectiveness of the protections for victims. Victims can contact the National Human Trafficking Hotline, a 24-hour, toll-free resource available throughout the U.S., to report suspected trafficking and receive vital support and information on how to stay safe.

1. Limited Awareness and Outreach

  • Lack of Awareness: Many victims of trafficking don’t know about the T visa as a way to legal status. Limited outreach especially in underserved communities means many eligible applicants are not aware of the benefits available to them.
    • Certain victims of human trafficking may not be aware of the T visa program, which affects their ability to seek legal status.
  • Barriers to Legal Help: Many victims don’t have access to pro bono or low cost legal help, a major obstacle in the complex application process.

2. Annual Cap and Waiting Lists

  • Annual Visa Cap: The T visa program has a 5,000 annual cap. The cap has not been met in past years due to application challenges but as awareness grows and applications increase the cap may be reached and create backlogs if not expanded.
    • The annual cap on T visas may create backlogs, affecting the timely processing of applications and potentially delaying the assistance to victims of human trafficking.
  • Waiting List Issues: Eligible applicants who exceed the annual cap are put on a waiting list, extending their uncertainty and often their separation from family members.

3. Reintegration Issues Post-T Visa Approval

Mental Health and Trauma Recovery

  • Many T visa holders have significant mental health issues from their trafficking. While the visa gives access to services, long term mental health support is often lacking and hinders reintegration.
  • Survivors of sex trafficking may face significant mental health issues, which can complicate their recovery and reintegration process.

Employment and Economic Barriers

  • T visa holders can apply for work authorization but survivors often struggle to get stable jobs especially if they don’t have work experience or language skills. Economic stability is a major obstacle to recovery.

Future Needs for T Visa Program Improvement

To improve the T visa program:

  • More Funding for Legal Help: Funding for legal aid organizations to help more victims access the T visa and the application process.
  • Better Mental Health Services: More mental health services specifically for trafficking survivors to support long term recovery and overall T visa outcomes.
    • Victims of debt bondage need more mental health services to address the severe trauma associated with involuntary servitude and coercive practices.
  • Remove the Annual Cap: Eliminate or increase the 5,000 visa cap so all eligible victims can get protections without waiting.
  • Targeted Outreach: Outreach in underserved communities and vulnerable populations to get more victims of trafficking to know about the T visa.

As the program improves and addresses applicant challenges, the T visa can provide more protection and services to those who need it.

Where to Find More Information

The policy is in Volume 3 and Volume 9 of the USCIS Policy Manual. Effective immediately and supersedes all prior guidance on T nonimmigrant status. U.S. Citizenship and Immigration Services provides updates in the Policy Manual. Updates across chapters include:

  • Eligibility: More guidance on eligibility criteria, physical presence, law enforcement cooperation and hardship.
  • Evidence: Clarified evidence standards so applicants know what documentation is required.
  • Family Members: Derivative status guidance for family members including new protections for minors and unmarried dependents.
  • Admissibility and Waivers: Updated sections on waivers for trafficking victims to help applicants navigate admissibility issues.
  • Work Authorization: Revised work authorization eligibility instructions including for applicants going through the bona fide determination process.

Notable Section Changes

USCIS updated multiple sections in the manual:

  • Volume 3, Chapter 2 (Eligibility Requirements): More on physical presence and law enforcement cooperation.
  • Volume 3, Chapter 6 (Bona Fide Determinations): New bona fide determination process guidance.
  • Volume 3, Chapter 12 (Travel Outside the U.S.): Travel restrictions and T visa holder guidance updated.
  • Volume 9, Chapter 5 (Waivers for T Nonimmigrants): Adjustment of status waiver guidance added.

Protecting Against Fraud and Scams

USCIS advises:

  • Use Official Resources: Always use official USCIS resources.
  • Verify Legal Services: For legal aid go to USCIS’s Find Legal Services page.
  • Know Your Rights: Know the benefits and protections.
  • Verify All Info: Verify all documentation and evidence.
  • No Guarantees: No one can guarantee approval.
  • Contact the National Human Trafficking Hotline: Victims can contact the National Human Trafficking Hotline for support and information.

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