T Visa Eligibility for Human Trafficking Victims (2026)

The T visa is one of the most important humanitarian protections in U.S. immigration law. Created by the Victims of Trafficking and Violence Protection Act of 2000 (TVPA), it gives survivors of human trafficking a path to lawful status, work authorization, and eventually a green card. Unlike the U visa, the T visa does not require a signed law enforcement certification. The applicant’s own statement, corroborating evidence, and reasonable cooperation can carry the case.

This guide covers the 2026 T visa process under INA section 101(a)(15)(T) and the regulations at 8 CFR 214.11. It is part of Claxton Law’s U & T Visas pillar, alongside the U visa certification process guide.

What is the T visa?

The T visa is a nonimmigrant visa for victims of severe forms of trafficking in persons who are in the United States, American Samoa, or the Commonwealth of the Northern Mariana Islands as a result of that trafficking. T status provides four protections:

• Four years of lawful nonimmigrant status in the U.S.
• Employment authorization (EAD) for the same period.
• Permission to bring qualifying family members as derivatives.
• A path to lawful permanent residence after 3 years in T status, or sooner if the trafficking investigation or prosecution is completed.

The T visa is adjudicated by USCIS Vermont Service Center. The principal T visa cap is 5,000 per fiscal year. Unlike the U visa cap (10,000) which is regularly exceeded, the T cap has been reached in only a few years since the program began. Most T cases move through processing without a cap waitlist.

Severe forms of trafficking, defined

The legal definition of severe trafficking comes from 22 U.S.C. section 7102. The definition has two prongs:

Sex trafficking

The recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a person for the purpose of a commercial sex act, in which:

• The commercial sex act is induced by force, fraud, or coercion; or
• The person induced to perform the act has not attained 18 years of age.

Sex trafficking of minors qualifies as severe trafficking regardless of whether force, fraud, or coercion is shown. This is a critical distinction: an adult sex-trafficking case requires proof of force, fraud, or coercion, while a minor sex-trafficking case requires only the trafficking act itself.

Labor trafficking

The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion, for the purpose of:

• Involuntary servitude.
• Peonage.
• Debt bondage.
• Slavery.

Force, fraud, and coercion

USCIS reads these terms broadly. Force can include physical restraint, physical confinement, or threats of harm. Fraud includes false promises of employment, false representations about working conditions, or false promises about immigration status. Coercion includes threats of harm to the victim or others, abuse of legal process (threatening to report to immigration authorities), document confiscation (passport or ID held by the trafficker), or schemes designed to make the victim believe they cannot leave.

Quick answer. A severe form of trafficking under 22 U.S.C. 7102 means sex trafficking induced by force, fraud, or coercion (or any sex trafficking of a minor), or labor trafficking induced by force, fraud, or coercion. The T visa is specifically for survivors of these federal definitions, in contrast to the U visa which covers 28 qualifying crimes more broadly.

Who qualifies for a T visa?

Four eligibility elements must be satisfied:

1. Victim of a severe form of trafficking. The applicant must show they are or were a victim under the federal definition.
2. Physical presence on account of the trafficking. The applicant must be physically present in the U.S. (or American Samoa or CNMI) because of trafficking, escape from trafficking, or law enforcement involvement related to trafficking.
3. Reasonable cooperation with law enforcement. The applicant must comply with reasonable requests for assistance, unless under 18 or unable to cooperate due to trauma.
4. Extreme hardship involving unusual and severe harm. The applicant must show they would suffer extreme hardship involving unusual and severe harm if removed from the U.S.

In addition, the applicant must be admissible to the U.S. or qualify for an inadmissibility waiver under Form I-192. Most T applicants need the I-192 waiver because the trafficking itself often resulted in unlawful entry, unlawful presence, or document fraud.

The physical presence element

The applicant must be physically present in the U.S. on account of the trafficking. USCIS reads this generously. The applicant qualifies if:

• They are still being trafficked at the time of filing.
• They escaped trafficking but remain in the U.S. because of the lasting effects of trafficking.
• They are in the U.S. participating in or recovering from a trafficking investigation or prosecution.
• They were brought to the U.S. by traffickers and then escaped or were rescued.
• They remained in the U.S. after escape because departure would create new dangers (retaliation, re-victimization).

Brief departures from the U.S. do not necessarily break the requirement, as long as the continued ties to the U.S. trafficking case are documented. USCIS evaluates the totality of the circumstances rather than applying a rigid rule.

The reasonable cooperation requirement

The applicant must comply with reasonable requests from law enforcement to assist in the detection, investigation, or prosecution of trafficking. The standard is lower than the U visa’s helpfulness standard.

Forms of cooperation

• Reporting the trafficking to federal, state, or local authorities.
• Providing a statement or interview about the trafficking.
• Responding to outreach from investigators or victim service providers.
• Identifying traffickers in photo arrays or line-ups.
• Testifying in trafficking prosecutions, where applicable.

The trauma and minor exceptions

Two specific exceptions apply to the cooperation requirement:

• Under 18. Applicants under 18 at the time of filing are exempt from the cooperation requirement. The U.S. policy is that minor trafficking victims should not bear the burden of cooperating with prosecution to access protection.
• Physical or psychological trauma. Applicants who cannot cooperate due to physical or psychological trauma resulting from the trafficking are exempt. The exception requires documented trauma, typically through a psychological evaluation by a licensed mental health professional.

The trauma exception is critical and frequently used. Many trafficking survivors experience PTSD, severe depression, anxiety, or complex trauma that makes cooperation with law enforcement impossible without retraumatization. A well-documented psychological evaluation can satisfy the exception and preserve T eligibility for survivors who otherwise would be barred.

The extreme hardship element

The applicant must show they would suffer extreme hardship involving unusual and severe harm if removed from the U.S. The standard is higher than the cancellation-of-removal extreme hardship standard for non-trafficking cases. USCIS considers all relevant factors:

• Age and personal circumstances of the applicant.
• Serious physical or mental illness that requires U.S. medical attention.
• Nature and extent of physical and psychological consequences of the trafficking.
• Impact of the loss of access to U.S. courts and the criminal justice system on the trafficking case.
• Reasonable expectation that the trafficker will retaliate or re-traffic the victim if removed.
• Likelihood of being victimized again in the country of removal.
• Likelihood that the country of removal lacks adequate trafficking-survivor services.
• Likelihood of stigma, retaliation, or harm based on the trafficking experience in the country of removal.

Strong extreme hardship documentation includes country condition reports, psychological evaluations, expert declarations on the survivor’s home-country risks, and personal statements. The element is frequently the deciding factor in close cases.

Admissibility and the I-192 waiver

The T applicant must be admissible to the U.S. or qualify for a waiver. Most T applicants need a Form I-192 inadmissibility waiver because:

• The trafficking itself often involved unlawful entry to the U.S. (a 9C bar or unlawful presence).
• Traffickers routinely force victims into prostitution, fraud, or other crimes (which can create criminal inadmissibility).
• Document fraud is common when traffickers control victim travel documents.
• Some T applicants have prior removal orders from being apprehended during trafficking.

The I-192 in T context

USCIS grants T-context I-192 waivers generously. The agency recognizes that the trafficking experience itself often caused the inadmissibility, and that denying the waiver would punish the victim for the trafficker’s conduct. The standard is whether the waiver is in the national interest. Strong I-192 cases tie the inadmissibility directly to the trafficking and show the applicant is rehabilitated and no threat to the U.S.

The I-192 has a $930 filing fee in 2026, but a fee waiver is available on Form I-912 for applicants who cannot afford it. Most T applicants qualify for the fee waiver.

Form I-914 Supplement B endorsement (optional)

The Form I-914 Supplement B is a Declaration of Law Enforcement Officer for Victim of Trafficking in Persons. Unlike the U visa Supplement B, the T visa Supplement B is optional. USCIS treats it as primary evidence when included but does not require it.

Who can sign Supplement B

The same broad category of qualifying agencies as the U visa: federal, state, local, and tribal law enforcement; prosecutors; judges; and other agencies with investigative or prosecutorial authority over trafficking-related conduct. Federal trafficking task forces (FBI, ICE-HSI, U.S. Marshals) are common signers for federal cases.

When Supplement B helps

A signed Supplement B strengthens any T case, particularly the cooperation element. If law enforcement has formally engaged with the applicant, a Supplement B makes USCIS’s decision substantially easier. If no certifier will sign, the case can still proceed through corroborating evidence: witness declarations, advocate letters, medical and psychological records, police reports, and the applicant’s own statement.

Continued Presence (DHS)

Continued Presence (CP) is a separate immigration relief issued by DHS to victims of trafficking who are potential witnesses in federal investigations or prosecutions. CP is requested by federal law enforcement (most commonly ICE-HSI) and granted by USCIS.

What CP provides

• Deferred action (lawful presence) for 2 years, renewable.
• Employment Authorization Document (EAD).
• Eligibility for federal trafficking victim benefits administered by HHS.

CP vs. T visa

CP is faster than a T visa but does not lead directly to a green card. CP is intended for the immediate period during a trafficking investigation. T visas provide longer-term protection (4 years renewable) and a green card path. Many victims receive CP first, then file for the T visa during the CP period.

Filing Form I-914

The T visa application is Form I-914, Application for T Nonimmigrant Status, filed with USCIS Vermont Service Center. The package typically includes:

• Form I-914 with all supporting evidence.
• Form I-914 Supplement A for each derivative family member.
• Form I-914 Supplement B law enforcement endorsement (optional but recommended where available).
• Form I-192 with supporting evidence if any inadmissibility ground applies.
• Personal statement describing the trafficking, the harm, and the applicant’s current circumstances.
• Corroborating evidence: police reports, medical records, psychological evaluations, photographs, declarations from advocates or service providers.
• Identity documents (birth certificate, passport, prior immigration records).
• Filing fee waived for the principal I-914 (no fee).
• Form I-765 with the trafficking-EAD category code for work authorization on approval.

The 5,000 annual cap

Congress capped principal T visas at 5,000 per fiscal year. Unlike the U visa cap, the T cap has been reached in only a few years since the program began. Annual T visa filings have run at 1,000 to 1,800 cases in recent years, well below the 5,000 ceiling.

The practical effect is that T processing moves at the pace USCIS can adjudicate, not at the pace of cap availability. Current processing times are 18 to 30 months from filing to decision. A Bona Fide Determination process similar to the U visa BFD provides interim deferred action and work authorization within several months for qualifying cases, while the full adjudication continues.

Family derivatives

The principal T visa applicant can include qualifying family members on Form I-914 Supplement A.

If the principal is under 21

• Spouse.
• Children (unmarried, under 21).
• Parents.
• Unmarried siblings under 18.

If the principal is 21 or older

• Spouse.
• Children (unmarried, under 21).

Family members at risk of retaliation

The Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA) added a category for family members in danger of retaliation by the trafficker, even outside the standard derivative categories. An adult sibling of a principal over 21, for example, may qualify if the trafficker has threatened retaliation against the sibling because of the principal’s cooperation. Strong documentation of the specific retaliation risk is required.

After T visa approval: the green card path

T status is granted for 4 years. The principal becomes eligible to adjust to lawful permanent resident status when one of the following occurs:

• 3 continuous years of physical presence in the U.S. in T status, or
• The investigation or prosecution of the trafficking is completed, whichever is earlier.

Form I-485 adjustment

The adjustment application requires:

• 3 years of physical presence in T status (or completed investigation/prosecution).
• Continued good moral character.
• Continued compliance with reasonable cooperation requests, or proof that the exception applies.
• Showing that adjustment is justified on humanitarian, family unity, or public interest grounds.
• Medical examination (Form I-693).
• Biometrics appointment and background check.
• Filing fee of $1,440 for the I-485 in 2026, with available fee waiver.

Derivative family members on T visas adjust at the same time as the principal. The total trafficking-to-green-card timeline is typically 5 to 6 years from initial filing, faster than the U visa path because the T cap is rarely binding.

T visa vs. U visa: which to file?

Many trafficking survivors qualify for both T and U visas. The choice between them depends on the case facts.

When T is the better filing

• Law enforcement is unwilling or unable to sign a certification.
• The applicant’s victimization clearly meets the severe trafficking definition.
• The applicant wants faster processing and lower cap risk.
• The case has strong extreme hardship documentation.

When U is the better filing

• The victimization is broader trafficking-adjacent conduct (domestic violence, sexual assault not strictly fitting the federal trafficking definition).
• Law enforcement is willing to sign certification.
• The applicant has multiple potentially-qualifying crimes (the U visa can cover more than one).

Some cases warrant filing both T and U petitions in parallel. The petitions do not conflict, and approval of one does not bar the other. The strategic decision often turns on speed (T) versus certainty (U with strong certification).

Related U & T visa and humanitarian guides

• U Visa Certification Process: the certification-driven path for survivors of qualifying crimes.
• U & T Visas pillar overview: eligibility, family members, and the firm’s approach to crime-victim cases.
• VAWA self-petition pillar: an option for survivors of domestic violence whose abuser is a U.S. citizen or LPR.
• Asylum and Deportation Defense pillar: when fear of return supports a parallel asylum filing.
• Immigration Attorney vs. Notario: why qualified counsel matters in T cases involving vulnerable applicants.

Frequently asked questions