USCIS has updated its guidelines for T-visas, which help victims of human trafficking stay in the U.S. for up to four years. These changes ensure eligible victims get the help they need more quickly and keep the program trustworthy.
What are the updates?
Here’s a simple breakdown of the updates:
- Immediate changes: The new rules apply to applications that are either pending or filed on or after August 28, 2024. However, the old rules still apply if you applied before this date.
- Evidence rules: The guidelines now allow more evidence supporting T-visa applications.
- Support for victims: The process is now more focused on the needs and experiences of the victims.
- Application process: A new step called the “bona fide determination” checks the validity of applications filed on or after August 28, 2024.
- Travel exceptions: There are more exceptions for victims who had to leave the U.S. after being trafficked, allowing them to still qualify for the visa.
- Law enforcement definition: The update redefines what counts as a “law enforcement agency.”
- Proof of trafficking: Applicants must show that traffickers acted with the intent to exploit them in specific illegal ways.
- Reporting requirement: Generally, applicants need to report their trafficking situation to the relevant law enforcement authorities.
Additionally, if USCIS considers an application genuine, the person can apply for a work permit without a fee while their T-visa application goes through processing. As recommended, submit the work permit application along with the T-visa application.
What can you do?
If you are applying for a T-Visa or if you think these changes affect your visa application, consider consulting an immigration lawyer to help you determine if you qualify under the new rules or if you need to submit more documentation.