People often search for this issue as T visa, human trafficking visa, victim of human trafficking, Form I-914, T visa work permit, or bona fide determination. A T visa is a humanitarian immigration option for certain victims of severe forms of human trafficking who meet the legal requirements, and many cases involve evidence of trafficking, cooperation with law enforcement when applicable, and requests for work authorization while the case is pending.
T Visa (Human Trafficking Visa) — Form I-914, Work Permit, and Bona Fide Determination
T Visa (Human Trafficking Visa) — Form I-914, Work Permit, and Bona Fide Determination
T Visa Details
If you are a victim of human trafficking and have helped or will help law enforcement investigate or prosecute the traffickers, you may qualify for a T visa. In addition, you can generally also obtain U visas for your spouse and/or children. If the trafficking victim is a child, his or her parents can also obtain U visa.
For Whom Is a T Visa Appropriate?
Victims of human trafficking. Human trafficking, also known as trafficking in persons, is a form of modern-day slavery in which traffickers lure individuals with false promises of employment and a better life.
T Visa Requirements
A strong T visa case is built around a clear trafficking narrative and evidence supporting each legal requirement. In general, a person may qualify for T nonimmigrant status if:
- The person is a victim of a severe form of human trafficking (sex trafficking or labor trafficking)
- The person is physically present in the United States (or at a port of entry) on account of the trafficking
- The person has complied with any reasonable request for assistance from law enforcement in the investigation or prosecution (with exceptions that can apply based on age or trauma-related circumstances)
- The person would suffer extreme hardship involving unusual and severe harm if removed from the United States
Because these cases are evidence-driven, the most important first step is building a clean timeline and assembling records that support the trafficking elements, the presence element, and the hardship element.
T visa bona fide determination (BFD) and work permit (EAD)
Many people search for “T visa bona fide determination” because it can affect whether USCIS issues protections and work authorization while the T visa case is pending.
In practice, this stage often focuses on:
- Submitting a complete Form I-914 package with key initial evidence
- Ensuring the personal statement, timeline, and supporting documents are consistent and credible
- Requesting work authorization (EAD) when eligible and appropriate
Because BFD outcomes depend on completeness and evidence quality, strong filing organization and clear documentation are critical.
T visa family members (derivatives) and Form I-914 Supplement A
Many T visa applicants also need to protect qualifying family members. T visa cases can include derivative family members depending on the applicant’s age and relationship.
Common goals in derivative cases include:
- Adding qualifying relatives through Form I-914 Supplement A
- Submitting relationship documents and identity records
- Coordinating timelines so family members can obtain status where eligible
Because derivative eligibility is technical and fact-specific, the safest approach is to confirm who qualifies and build a clean relationship and documentation packet for each family member.
Frequently asked questions about the T visa (human trafficking visa)
What is a T visa?
A T visa (T nonimmigrant status) is a humanitarian immigration option for certain victims of severe forms of human trafficking who meet the legal requirements.
What is Form I-914?
Form I-914 is the USCIS application used to request T nonimmigrant status.
What is a “severe form of human trafficking”?
T visa cases generally involve sex trafficking or labor trafficking. The analysis is fact-specific and depends on the evidence and timeline.
Do I have to cooperate with law enforcement to qualify?
Many cases involve compliance with reasonable requests for assistance, but exceptions can apply depending on age and trauma-related circumstances. The correct strategy depends on the facts.
What does “extreme hardship involving unusual and severe harm” mean?
This is a higher hardship standard than many other immigration categories and is evaluated based on the person’s risks and circumstances if removed.
What is T visa bona fide determination (BFD)?
Bona fide determination is a USCIS review stage that can affect whether protections and work authorization are issued while the case is pending. Outcomes depend heavily on the completeness and credibility of the filing.
Can I get a work permit with a T visa case?
Many applicants seek work authorization (EAD) while the case is pending. Eligibility and timing depend on case posture and USCIS processes.
Can family members be included in a T visa case?
In many cases, qualifying family members may be added as derivatives using Form I-914 Supplement A, depending on the applicant’s age and relationship.
Can a T visa lead to a green card?
Some T visa holders may later be eligible to apply for a green card, depending on statutory requirements and eligibility.
What is the first step in a T visa case?
Build a clear trafficking timeline and gather supporting documents, then assemble a complete I-914 filing that addresses each legal requirement with organized evidence.
USCIS Memo Relating to T VISA
| Date | Title | Details |
|---|---|---|
| October 04, 2016 | Policy Memorandum PM 602-0032.1 | Guidance for Extension of Status for T and U Nonimmigrants |
| May 13, 2016 | Matter of L-S-M- | Matter of L-S-M- clarifies that the exception to the civil penalties for failure to comply with an order of voluntary departure, available for certain victims of domestic violence or related abuse |
