U.S. Citizenship and Immigration Services (USCIS) has updated its Policy Manual to align with the final rule on the Classification for Victims of Severe Forms of Trafficking in Persons; Eligibility for “T” Nonimmigrant Status. This final rule was initially published in the Federal Register on April 30, 2024, and its provisions are effective immediately.
The rule brings significant updates and clarifications to T nonimmigrant status, providing critical support and protections for victims of human trafficking. It aims to ensure that victims can access stabilizing benefits and protections in a more streamlined and victim-centered process.
Key Policy Highlights:
- “Any Credible Evidence” Provision: The policy expands on the importance of accepting any credible evidence submitted by applicants when reviewing their applications for T nonimmigrant status.
- Victim-Centered and Trauma-Informed Adjudication: USCIS is committed to evaluating applications with a focus on minimizing further trauma to victims during the adjudication process.
- Bona Fide Determination Process: Clarification on how the bona fide determination process works for T nonimmigrant applicants. This includes granting deferred action and Employment Authorization Documents (EAD) to certain applicants while their T visa application is being adjudicated.
- Exceptions to Physical Presence Rule: The rule introduces additional exceptions to the general rule that applicants must establish physical presence in the U.S. on account of their trafficking, even in cases where they have left the U.S. after being trafficked.
- Expanded Definition of “Law Enforcement Agency”: A revised definition to ensure applicants better understand which authorities they need to engage with to satisfy the requirement of reporting their trafficking case.
- Clarification on Reporting Requirements: Applicants must report their trafficking to a law enforcement authority that has jurisdiction over the trafficking incident to meet the reporting requirement for T nonimmigrant status.
- Filing Form I-765 for Employment Authorization: Applicants whose T nonimmigrant status applications are deemed bona fide can file Form I-765, Application for Employment Authorization, and may receive deferred action and an EAD while their case is being processed. There is no fee required for Form I-765 when filed alongside Form I-914, Application for T Nonimmigrant Status.
Background on T Nonimmigrant Status:
T nonimmigrant status, also referred to as a T visa, allows victims of human trafficking to stay in the U.S. for up to four years. The recent rule aims to enhance the integrity of the T visa program, ensuring that eligible victims can access much-needed protections more quickly and efficiently.
What This Means for Applicants:
The updated guidance in the USCIS Policy Manual applies to applications filed on or after August 28, 2024. However, applicants who filed before this date remain subject to the regulations in place at the time of their application, ensuring that the new rule does not retroactively disqualify individuals who were eligible under previous rules.
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REBECCA KROLL is an Associate Attorney at Richards and Jurusik who practices exclusively in U.S. immigration law, focusing on both business and family-based immigration. She assists clients with employment-based visas, marriage and family cases, and the U.S. citizenship process. (Full Bio)
