Understanding T Nonimmigrant Status: Defining Comparably-Situated Crime Victims

A. Eligibility Requirements for T Nonimmigrant Status: An Overview

To be considered eligible for T nonimmigrant status, also known as a T visa,[1] individuals applying as principal applicants must clearly demonstrate that they meet specific criteria. These requirements are designed to identify and protect victims of severe forms of trafficking in persons, offering them a pathway to legal status and essential protections within the United States. This article will delve into each of these requirements, providing a comprehensive understanding of what it means to Define Comparably the circumstances of trafficking victims within the legal framework.

B. Defining “Victim of a Severe Form of Trafficking in Persons”

1. General Definition of Severe Trafficking

The term “severe form of trafficking in persons” is legally defined by the Trafficking and Victims Protection Act (TVPA)[8] and further specified in USCIS regulations.[9] This definition encompasses both sex trafficking and labor trafficking. To meet this crucial element, applicants must prove that a trafficker engaged in a prohibited “action” for a specific “purpose” and through particular “means,” namely force, fraud, or coercion.[10]

The following table provides a detailed breakdown of the definition, clarifying the interplay between action, purpose, and means in both sex and labor trafficking:

Severe Form of Trafficking in Persons Definition

Type of Trafficking	Action	Purpose	Means
Sex Trafficking	– Recruiting – Harboring – Transporting – Provision – Soliciting – Patronizing – Obtaining (Of a person)	For the purpose of a commercial sex act	Where the commercial sex act is induced by force, fraud, or coercion (Not required when the victim is under 18 years of age)
Labor Trafficking	– Recruiting – Harboring – Transporting – Provision – Obtaining (Of a person)	For the purpose of subjecting the victim to: – Involuntary servitude – Peonage – Debt bondage – Slavery	Through use of force, fraud, or coercion

2. Harboring: A Key Action in Trafficking

While “harboring” typically suggests actively hiding a fugitive, in the context of trafficking, it takes on a broader meaning. Harboring refers to a series of actions a trafficker undertakes to establish and maintain control over a victim. This control is exerted by significantly limiting or restricting the victim’s movement or agency.

Agency, in this context, refers to an individual’s capacity to act according to their own free will. It encompasses control over one’s emotional and physical state, and the ability to influence oneself.[11] Importantly, a victim’s eventual escape from trafficking does not negate the lack of agency they experienced during their exploitation.

When evaluating whether harboring has occurred, officers may consider several factors, including but not limited to:

Isolation of the victim: Separating the victim from support networks and the outside world.
Limitations on interaction: Restricting the victim’s ability to communicate with others.
Movement restrictions: Controlling the victim’s physical movements and preventing them from leaving.
Consequences for disobedience: Establishing punishments for acting outside the trafficker’s directives or without explicit permission.

Harboring does not necessitate a pre-existing relationship between the victim and the trafficker. It can occur in various relationships, even those that might initially appear consensual, such as employer-employee, parent-child, smuggler-smugglee, landlord-tenant, and intimate partner relationships.

The duration of harboring can vary, even a brief period can qualify, but it must be long enough to demonstrably limit or restrict the victim’s movement or agency.

3. Coercion: Defining the Means of Control

Coercion, a critical element in defining trafficking, is outlined in regulations as encompassing:

Threats of serious harm or physical restraint: Direct threats of violence or confinement against the victim or others.
Schemes, plans, or patterns of intimidation: Manipulative tactics designed to instill fear of serious harm or physical restraint if the victim fails to comply.
Abuse or threatened abuse of legal processes: Misusing or threatening to misuse the legal system to control the victim. [12]

Threats of Serious Harm

Serious harm extends beyond physical violence to include psychological, financial, or reputational harm. The key factor is whether the harm is serious enough, considering the surrounding circumstances, to compel a reasonable person in the same background and situation to perform or continue performing labor or services to avoid that harm.[13], [14]

Examples of serious harm include, but are not limited to:

Harm to family or dependents of the victim.
Banishment or expulsion from home.
Starvation or food restriction.
Financial ruin or bankruptcy.
Withholding essential financial support.
Denial of basic needs like sleep or medical care.
Threats of deportation or legal action.
Reputational damage through false accusations or disclosure of sensitive information.

The determination of “serious harm” is fact-dependent, and multiple types of harm can collectively or individually meet the definition.

USCIS considers the victim’s vulnerabilities when assessing the reasonableness of the trafficker’s threat. These vulnerabilities include socioeconomic status, physical and mental condition, age, education, cultural background, and experience.[15] The standard is whether a reasonable person in the victim’s specific circumstances would believe they would suffer serious harm.

Use or Threats of Use of Physical Restraint

Physical coercion involves the actual or threatened use of physical restraint or injury, including violence or threats of violence.[16] Examples include:

Physical attacks or credible threats of physical attacks.
Use or threatened use of weapons for intimidation or harm.
Threats through words or actions to instill fear of violence against the victim or others.

Physical restraint does not require actual physical confinement. Sexual abuse can also be considered physical coercion.

Analyzing Actions as Threats

Determining whether a trafficker’s actions constitute a threat requires careful analysis. A threat is a serious expression of intent to inflict harm, not mere idle talk or exaggeration. The expression must be perceived as serious by a reasonable person in the victim’s circumstances, and the trafficker must have intended it as a threat or known it would be perceived as such.[17] USCIS evaluates threats from the victim’s perspective, considering their individual situation and the totality of circumstances.

Scheme, Pattern, or Plan

Traffickers may employ subtle tactics instead of overt threats or violence. This involves a scheme, plan, or pattern “intended to cause the person to believe that, if that person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint.”[18]

Evaluating a scheme, pattern, or plan involves considering the totality of the trafficker’s actions and their intent. Actions taken even before the victim’s arrival or formal employment can be relevant.

Indicators of such a scheme can include:

Restricting access to public benefits and services.
Confiscating identity documents.
Creating social or linguistic isolation.
Verbal or physical abuse and harsh conditions.
Demonstrations of violence to instill fear.
Inducing debt.
Deceptive promises about work or housing.
Economic exploitation through underpayment, withheld wages, or unreasonable deductions.
Creating the false belief of power to deport, arrest, or blacklist victims by referencing connections to law enforcement or authorities.[19]

Abuse or Threatened Abuse of the Legal Process

Coercion can also involve abusing or threatening to abuse the legal process. This means using or threatening to use laws or legal systems (administrative, civil, or criminal) improperly to pressure someone into action or inaction.[20]

Examples of such threats include:

Threats of imprisonment or prosecution for not performing labor.
Threats of forced institutionalization.
Threats to involve immigration authorities for deportation.
Threats to report the victim as an absconder or let their visa expire.

Legal coercion can exist even if the threatened legal outcome is not actually possible. USCIS examines the purpose behind such threats, considering if the legal system is being misused to coerce or intimidate.

4. Labor Trafficking: Key Concepts

Involuntary Servitude

Involuntary servitude is a condition of servitude induced by:

Schemes, plans, or patterns intended to make a person believe they or another person would suffer serious harm or physical restraint if they did not enter or remain in servitude.
Abuse or threatened abuse of legal process.[21]

Involuntary servitude can arise even when a victim initially agrees to a service but is later coerced into continuing. It also occurs when force, threats of restraint or injury, or legal coercion are used to compel work.[[22]](#footnote-22] Psychological abuse can also establish coercion.

Involuntary servitude can occur in pre-existing relationships, including domestic contexts like family, intimate partners, or roommates. It can include domestic servitude and sexual exploitation. The setting (domestic or external) is not the sole determinant.

Conditions of servitude involve compulsory labor against the victim’s will, depriving them of liberty. This excludes situations where:

Conditions of Servitude Induced by Domestic Violence

Trafficking can occur alongside domestic abuse. Involuntary servitude and domestic violence can coexist. To determine if domestic abuse constitutes involuntary servitude and severe trafficking, officers evaluate:

Compelled or coerced labor or services.
Forced sexual activity.

While domestic violence and trafficking overlap, not all work resulting from domestic violence is servitude. Unequal household tasks may indicate abuse but not automatically servitude.

Forced labor[26] by domestic violence occurs when the purpose of the violence is to force servitude. To distinguish domestic violence from labor trafficking in this context, applicants must show the perpetrator’s motivation was to subject them to servitude.

Officers assess actions taken to maintain servitude, such as recruitment, harboring, transportation, to understand the perpetrator’s goal. In cases of abuse-enforced trafficking, victims may comply due to fear and lack liberty or self-determination.

Circumstances where a trafficker controls liberty to create servitude include:

Expectation of the victim’s life fulfilling trafficker’s orders (unreasonable domestic labor demands, constant availability).
Lack of control over wages despite laboring under demands.
Unequal living arrangements as part of coercion (unequal sleeping, nourishment).

Conditions of Servitude Induced During a Voluntary Smuggling Arrangement

Exploitation and violence can occur during smuggling. While not all smuggling-related crimes are trafficking, smuggling can evolve into trafficking. A voluntary smuggling arrangement does not preclude involuntary servitude.

Peonage

Peonage is involuntary servitude based on real or perceived debt.[27] The perpetrator forces servitude to satisfy a debt, whether genuine or fabricated.

Voluntarily agreeing to pay debt through labor differs from peonage. Debtors can break contracts; peonage denies this freedom.

Determining peonage involves applying the involuntary servitude guidelines, plus the element of servitude to satisfy debt. Peonage implies involuntary servitude.

Debt Bondage

“Debt bondage” is servitude arising from pledging personal services (or those under one’s control) as security for debt, where the service value isn’t applied to debt liquidation, or service terms are undefined.[28]

Slavery

Slavery, though not defined in the TVPA or regulations, is generally understood as complete ownership and control of a person, depriving them of liberty and autonomy for forced labor or services.

5. Defining Sex Trafficking

Sex trafficking involves the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a person for a commercial sex act.[29] A commercial sex act is any sex act for which something of value is exchanged.[30] For sex trafficking to be considered a severe form of trafficking, it generally must be induced by force, fraud, or coercion.[31] However, minors under 18 are considered victims of severe trafficking if they engage in commercial sex acts, regardless of force, fraud, or coercion, as they cannot legally consent to sexual acts.

6. Key Principles in Defining Trafficking in Persons

Performance of Labor or Services Not Required

Establishing victim status does not require the applicant to have actually performed labor or commercial sex acts. Recruitment through force, fraud, or coercion for such purposes, even if the victim is rescued before exploitation, can qualify as trafficking.

Compensation is Not Determinative

Payment of wages, even full wages, does not negate trafficking. Victims can be trafficked even if they receive some or all promised compensation.

Broad Scope of Labor or Services

“Labor or services” includes non-traditional forms of work. Compelled labor in familial or intimate partner relationships can qualify. Domestic labor, when forced and intended to create servitude, can be considered forced labor. Forced criminal behavior, like drug trafficking or theft, can also constitute forced labor when coerced for the purpose of servitude.[32] USCIS evaluates these situations case-by-case and may request criminal records.

No Defined Time Length Requirement

Victims need not prove a specific duration of victimization. Involuntary servitude can be of short duration.[33] However, the totality of circumstances must demonstrate the intent to create servitude.

The labor or services need not be coerced constantly; periods of voluntary and involuntary labor can coexist. However, at least some portion of the labor must be involuntary to constitute labor trafficking.

While no specific time length is mandated, the trafficker’s purpose to subject the victim to trafficking forms (involuntary servitude, peonage, etc.) must be established. Duration can be relevant in assessing this purpose.

Trafficker’s Prohibited Action for a Particular Purpose

Applicants must provide evidence of the perpetrator’s intent or purpose. Establishing severe trafficking requires demonstrating that the perpetrator engaged in a prohibited action using force, fraud, or coercion with the purpose of inducing commercial sex acts or subjecting the applicant to involuntary servitude, peonage, debt bondage, or slavery.

7. Distinguishing Trafficking from Smuggling

Federal law differentiates human smuggling from human trafficking.[[34]](#footnote-34] Trafficking is a crime against a person, regardless of immigration status or border crossing, while smuggling is a crime against a country’s immigration laws, involving the movement of a person across borders.

Smuggling can be consensual; trafficking always involves force, fraud, or coercion and a purpose of exploitation (servitude or commercial sex). Forced labor is illegal regardless of initial consent to work.[[35]](#footnote-35]

Trafficking and smuggling are distinct but not mutually exclusive. Smuggling can evolve into trafficking. A person initially agreeing to smuggling for payment or labor can become a trafficking victim if, during smuggling, they are subjected to exploitation beyond the initial agreement that meets the definition of severe trafficking.

A smuggling agreement does not excuse subsequent trafficking. However, the perpetrator’s purpose must be established. In smuggling cases, this might involve showing the smuggler’s motivation shifted to trafficking over time, invalidating initial consent.

Perpetrator motivations can be complex. A smuggler extorting payment may also have a dual or shifting purpose to compel forced labor into servitude, even if it ends upon smuggling completion.

Short victimization periods can qualify as servitude depending on credible victim statements. Conversely, forced labor within smuggling that doesn’t create servitude (e.g., assisting the smuggling operation) is not trafficking. USCIS determines trafficking on a case-by-case basis.

Even if trafficking arises from smuggling, the applicant must still demonstrate physical presence in the U.S. “on account of” their trafficking.

C. Physical Presence “On Account of” Trafficking

Principal applicants for T nonimmigrant status must demonstrate they are physically present in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands,[36] or at a U.S. port of entry, “on account of” trafficking.[37]

Traffickers may arrange victims’ entry, or exploit those already in the U.S., regardless of lawful or unlawful entry. USCIS considers all circumstances related to the applicant’s arrival and presence.[38]

1. Establishing Physical Presence

Applicants can establish physical presence “on account of” trafficking if they:

Are currently being subjected to severe trafficking.
Were liberated from trafficking by law enforcement (LEA).
Escaped trafficking before LEA involvement.
Were trafficked in the past, and their continued U.S. presence is directly related to the original trafficking.
Are present due to being allowed entry for participation in trafficking-related investigations or judicial processes.[39]

Physical presence must be demonstrated at the time of application, but there is no time limit between the trafficking and application filing.

Ongoing trafficking, contact with the trafficker, or trafficker control are not required to qualify, though they can be relevant.

Trauma and lack of resources can delay filing. Time passage alone doesn’t disqualify an applicant, but they must still prove their current presence is “on account of” trafficking.

Establishing Liberation by Law Enforcement[40]

Applicants must show law enforcement assisted in their liberation to meet this provision. The timeline between liberation and application is irrelevant.[[41]](#footnote-41] LEA awareness of the victimization and involvement in freeing the applicant is required.

Establishing Law Enforcement Agency Involvement[42]

LEA involvement requires active participation in detecting, investigating, or prosecuting trafficking, beyond simply receiving a tip. Interviewing the applicant or otherwise investigating after escape can suffice.[[43]](#footnote-43] The time passed since LEA involvement is not a barrier.[[44]](#footnote-44]

Establishing Direct Relationship Between Ongoing Presence and Original Trafficking[45]

Applicants must prove their current U.S. presence is directly related to the original trafficking, regardless of time passed.[[46]](#footnote-46] USCIS may find presence not directly related if:

Repeated travel outside the U.S. since trafficking, not due to continued victimization.
Insufficient evidence of ongoing ties to the U.S. directly related to trafficking.
Intent to abandon life in the U.S.

Life developments post-trafficking (employment, family, etc.) do not automatically negate this. Applicants can still demonstrate their presence is tied to initial victimization by explaining the ongoing impact of trauma.

USCIS uses a victim-centered approach,[[47]](#footnote-47] considering all evidence. Detailed descriptions of trafficking’s specific impacts on the applicant’s current life are crucial. Insufficient connection between trauma’s ongoing impact and current U.S. presence can lead to ineligibility.

Factors considered include:

Ongoing psychological/physical trauma.
Health diagnoses from victimization.
Access to rehabilitation services in the U.S. (legal, mental health, social), and current or recent access to trafficking-related services.
Current rehabilitation and stabilization efforts, including self-identification as a victim.
Trafficker’s continued control or fear (including fear of law enforcement/immigration, or retaliation in home country).
Past threats/actions/interactions with the trafficker and ongoing impact.
Current law enforcement cooperation.
Financial impacts of victimization.
Other actions taken to address trafficking consequences.

Establishing Presence for Participation in an Investigative or Judicial Process[48]

Physical presence is met[49] when trafficking (U.S. or abroad) meets the federal definition, and the victim is allowed U.S. entry to participate in trafficking-related detection, investigation, prosecution, or judicial processes.

Trafficking Beginning Abroad and Continuing to Port of Entry/U.S.

Physical presence can be established if the applicant is “currently being subjected to a severe form of trafficking in persons” and the trafficking:

Began abroad and caused entry into the U.S. or presence at a U.S. port of entry.
Was discovered at the port of entry or continued after entry.
Is ongoing.[50]

Establishing Physical Presence When Trafficking Ended Outside the United States

Applicants can establish physical presence “on account of” trafficking[[51]](#footnote-51] even if trafficking occurred and ended abroad. They must demonstrate they are now in the U.S. or at a port of entry “on account of” that trafficking.

2. Departures From the United States

Voluntary departure or removal from the U.S. after trafficking generally means the applicant is no longer considered physically present “on account of” trafficking, except in specific circumstances:

Reentry due to continued victimization.
Victim of a new trafficking incident.
Allowed reentry for participation in trafficking-related detection, investigation, prosecution, or judicial processes.
Presence is “on account of” past or current participation in investigative or judicial processes, regardless of trafficking location.
Returned for treatment/services related to victimization unavailable in their home country or last residence outside the U.S.[[52]](#footnote-52]

USCIS considers the reasons for departure and circumstances of return. Application approval is contingent on the applicant’s return to the U.S.[[53]](#footnote-53]

Reentry Due to Continued Victimization

To overcome the presumption against physical presence after departure and demonstrate reentry due to continued victimization,[[54]](#footnote-54] applicants must show reentry stemmed from a continuation of the prior trafficking scheme or a clear link between continued victimization and reentry.[[55]](#footnote-55]

Continued victimization does not require current trafficking; it can include ongoing victimization directly resulting from past trafficking. Harm experienced during trafficking leading to continuing physical or psychological harm, causing reentry, can qualify even without re-trafficking upon reentry.

Example: Leaving the U.S. and reentering due to trafficker threats to the victim and family may satisfy the physical presence requirement if reentry is proven to be a result of continued victimization tied to past or ongoing trafficking.

Factors considered:

Extent of continued fear and connection to the trafficker.
Threats and risk of harm from the trafficker to the applicant and family.
Nature and severity of victimization arising from trafficking impacts at reentry.

Allowed Reentry for Participation in Investigative or Judicial Processes

Applicants reentering after trafficking can meet the physical presence requirement if they demonstrate “allowed reentry”[56] for participation in investigative or judicial processes[[57]](#footnote-57] related to trafficking.[[58]](#footnote-58]

“Allowed reentry” for judicial processes[59] requires lawful entry and is irrespective of trafficking location.[[60]](#footnote-60], [[61]](#footnote-61] Presence is considered “on account of” trafficking if entry is lawful and directly connected to participation in a trafficking-related investigation or judicial process.[[62]](#footnote-62]

Establishing Presence on Account of Past or Current Participation in Investigative or Judicial Processes

Applicants reentering after trafficking can still meet the physical presence requirement even without specific “allowed reentry” for that purpose.[[63]](#footnote-63] This includes returns to pursue civil, administrative, or criminal remedies related to trafficking.[[64]](#footnote-64]

Presence is “on account of” trafficking if reentry (by any means) is directly connected to past or current participation in trafficking-related investigative or judicial processes.

Establishing Presence Based on Receipt of Treatment or Services Related to Victimization

Presence is “on account of” trafficking if reentry (by any means) is related to receiving treatment or services for victimization unavailable in their home country or last residence outside the U.S.[[65]](#footnote-65] Evidence of U.S. treatment/services and their unavailability elsewhere is required.

D. Requests for Law Enforcement Assistance: Defining Comparably-Situated Crime Victim Standard

1. General Rule for Law Enforcement Cooperation

A crucial eligibility requirement is that T nonimmigrant status applicants must comply with any reasonable request for assistance in a federal, state, or local investigation or prosecution of trafficking acts, or investigations of crimes where trafficking is a central reason for the crime.[66] If a request is deemed reasonable and no exceptions apply, compliance is assessed.

“Law Enforcement Agency” (LEA) encompasses federal, state, tribal, or local law enforcement, prosecutors, judges, labor agencies, child/adult protective services, or other authorities responsible for trafficking detection, investigation, or prosecution.[67] Federal LEAs include (but are not limited to) DOJ, DHS, State Department, Labor Department agencies, EEOC, NLRB, Inspectors General, Civil Rights/Liberties offices, and Bureau of Indian Affairs Police.

2. Totality of the Circumstances Test for Reasonableness

The reasonableness of an LEA request is determined by the “totality of the circumstances.” USCIS considers a non-exhaustive list of factors:

General law enforcement and prosecutorial practices.
Nature of victimization.
Victim’s specific circumstances.
Victim’s capacity, competency (or lack thereof).
Trauma suffered (mental and physical) and potential for further trauma.
Access to support services.
Safety of the victim and family.
Compliance with prior requests and extent of compliance.
Whether the request would yield essential information.
Whether information is obtainable without victim compliance.
Interpreter or attorney presence to ensure understanding.
Cultural, religious, or moral objections.
Time available for compliance.
Victim’s age, health, and maturity.
Any other relevant circumstances.[68]

3. Comparably-Situated Crime Victim Standard: Defining “Comparably”

In evaluating the totality of circumstances, USCIS uses a comparably-situated crime victim standard.[69] This standard prioritizes victim protection and offers greater flexibility to balance law enforcement needs with the need to avoid overburdening, retraumatizing, or unnecessarily risking victims due to reporting.

The focus is on whether the LEA’s request of the trafficking victim was generally reasonable when defined comparably to requests made of similarly-situated crime victims, not whether the victim’s refusal was unreasonable.[70] This nuanced approach recognizes the unique vulnerabilities and challenges faced by trafficking survivors.

4. Contact with Law Enforcement Requirement

Applicants must have, at minimum, had contact with an LEA with jurisdiction[[71]](#footnote-71] regarding their victimization, unless they qualify for an age-based exemption or trauma-based exception.[[72]](#footnote-72] Credible evidence of reporting victimization (including crimes where trafficking is central) to relevant law enforcement is sufficient.

Applicants can demonstrate cooperation by submitting a Declaration for Trafficking Victim (Form I-914, Supplement B). Reporting via email, letter, or other mechanisms and complying with reasonable requests (including re-routing reports to proper authorities) can also satisfy this requirement.

If an LEA reasonably requests the applicant contact a different agency for investigation, non-compliance with this reasonable request may lead to ineligibility.

Age-based exemption or trauma-based exception are alternatives to LEA contact.

Form I-914, Supplement B is valuable but not mandatory. LEA completion is discretionary. USCIS may request it for further detail on cooperation if needed.

Reporting to an LEA without jurisdiction generally does not suffice. However, reporting to an agency outside the trafficking jurisdiction can be acceptable if that agency had jurisdiction or connected the applicant with the correct agency, and contact occurred.[[73]](#footnote-73]

Applicants with no LEA contact are ineligible unless they qualify for age-based exemption or trauma-based exception.[[74]](#footnote-74]

5. Age-Based Exemption and Trauma-Based Exception

Applicants under 18 at the time of at least one trafficking act are exempt from the LEA cooperation requirement.[[75]](#footnote-75]

An exception exists if lack of LEA contact or compliance is due to physical or psychological trauma.[[76]](#footnote-76]

6. Relationship Between Law Enforcement Assistance and Victimization

The reported trafficking acts must be those directly experienced by the applicant. Witnessing trafficking alone is insufficient.

Law enforcement case pursuit decisions are complex, influenced by evidentiary standards, perpetrator location, and statutes of limitations. The decision to investigate/prosecute is solely LEA discretion; no investigation/prosecution is required for T visa eligibility.

Cooperation can be demonstrated by participating in an investigation/prosecution against their trafficker, even if the applicant is not directly named in the case. Direct reference to the applicant’s victimization in any investigation/prosecution is not required.

E. Extreme Hardship: Defining Unusual and Severe Harm

1. General Rule for Extreme Hardship

Applicants must demonstrate that removal from the U.S. would subject them to extreme hardship involving unusual and severe harm.[[77]](#footnote-77] Generally, extreme hardship cannot be solely based on current or future economic detriment or disrupted economic opportunities.[[78]](#footnote-78] USCIS assesses the totality of circumstances and all relevant factors.

2. Factors in Extreme Hardship Determination

Factors considered include traditional extreme hardship factors and those specifically related to trafficking victimization.[[79]](#footnote-79]

Traditional factors include:

Applicant’s age at entry and application.
Family ties in the U.S. and country of return.
Length of U.S. residence.
Applicant’s health and availability/quality of needed medical treatment in the country of return, including cost and duration.[80]
Political and economic conditions in the country of return.
Possibility of other immigration status adjustments in the U.S.
Applicant’s community ties in the U.S.
Applicant’s immigration history.

Trafficking-related extreme hardship factors include:[[81]](#footnote-81]

Ongoing trauma and psychological harm from trafficking.[[82]](#footnote-82]
Fear of revictimization by the trafficker or associates in the country of return.[[83]](#footnote-83]
Lack of access to adequate protection or victim services in the country of return.[[84]](#footnote-84]
Impact of legal proceedings against the trafficker in the U.S. if the applicant is removed.[[85]](#footnote-85]
Applicant’s need for continued medical or psychological treatment in the U.S. for trafficking-related issues.[[86]](#footnote-86]
Disruption of ongoing rehabilitation efforts and support networks in the U.S.[[87]](#footnote-87]
Social and cultural challenges of reintegration in the country of return, especially if the applicant has become acculturated to the U.S.[[88]](#footnote-88]
Potential for stigmatization or discrimination in the country of return due to being a trafficking victim.[[89]](#footnote-89], [[90]](#footnote-90]

Hardship to others is generally not considered,[[91]](#footnote-91] but extreme hardship to family or close individuals may be relevant if it demonstrably causes extreme hardship to the applicant. Outcome depends on case facts.

F. Admissibility: Overcoming Barriers to Entry

Applicants and derivative family members must establish admissibility[[92]](#footnote-92] to the U.S. or qualify for a waiver of inadmissibility grounds.[[93]](#footnote-93] Waiver applications are filed using Application for Advance Permission to Enter as a Nonimmigrant (Form I-192).

G. Bar to T Nonimmigrant Status Eligibility

Applicants are barred from T nonimmigrant status if there is substantial reason to believe they have committed a severe form of trafficking in persons.[[94]](#footnote-94]

H. Effect of Immigration Status on Application

Lawful permanent residents, conditional permanent residents, and U.S. citizens are ineligible for T nonimmigrant status.[[95]](#footnote-95] Those in other valid nonimmigrant statuses can apply, but cannot hold multiple nonimmigrant statuses simultaneously.[[96]](#footnote-96]

Footnotes

[^ 1] To apply for the T nonimmigrant status classification, the applicant must file an Application for T Nonimmigrant Status (Form I-914).

[^ 2] The United States includes the 50 states of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, and the Commonwealth of the Northern Mariana Islands. See INA 101(a)(38). See 8 CFR 214.201.

[^ 3] Throughout this part, “U.S. port of entry” refers to any port of entry to the United States or American Samoa.

[^ 4] See 8 CFR 214.202(c).

[^ 5] See 8 CFR 214.202(c)(1) and 8 CFR 214.202(c)(2).

[^ 6] See 8 CFR 214.202(d).

[^ 7] See Volume 9, Waivers and Other Forms of Relief, Part O, Victims of Trafficking [9 USCIS-PM O].

[^ 8] See Pub. L. 106-386 (PDF), 114 Stat. 1464, 1470 (October 28, 2000), codified at 22 U.S.C. 7102(11).

[^ 9] See 8 CFR 214.201.

[^ 10] A victim of sex trafficking who was under 18 years of age at the time at least one of the acts of trafficking occurred does not need to demonstrate that the commercial sex act was induced by force, fraud, or coercion. See 8 CFR 214.201.

[^ 11] See American Psychological Association Dictionary of Psychology’s definition of “agency.” See Merriam-Webster Dictionary’s definition of “agency.”

[^ 12] See 8 CFR 214.201.

[^ 13] The term “labor or services” encompasses both labor trafficking and sex trafficking.

[^ 14] See 18 U.S.C. 1589. See H.R. Rep. 106-939 (PDF), p. 101 (Oct. 5, 2000). See 8 CFR 214.201.

[^ 15] See John S. Siffert, Modern Federal Jury Instructions-Criminal (Newark: Mathew Bender Elite Products, 2003), P 47A.02 at 5.

[^ 16] See 8 CFR 214.201.

[^ 17] See John S. Siffert, Modern Federal Jury Instructions-Criminal (Newark: Mathew Bender Elite Products, 2003), P 47A.02.

[^ 18] See 18 U.S.C. 1589.

[^ 19] See Merriam-Webster Dictionary’s definition of “blacklist.”

[^ 20] See 18 U.S.C. 1589(c)(1). See 8 CFR 214.201.

[^ 21] See 8 CFR 214.201.

[^ 22] See 8 CFR 214.201.

[^ 23] Retribution or harm in this context does not include the ordinary consequences of quitting or leaving a job.

[^ 24] Whether a victim can exercise significant control over their working conditions is assessed based on the totality of the circumstances. However, involuntary servitude is not established based solely on the fact that an employer, rather than an employee, sets the terms and conditions of employment (such as wages, hours, location, and duties or responsibilities).

[^ 25] The ordinary consequences of quitting or leaving may vary by individual. Examples of such consequences generally include, but are not limited to, having to look for a new job, loss of income if another job is not immediately available, being laid off, not receiving a promotion, impact on any existing immigration status, or receiving a negative reference.

[^ 26] The term forced labor is commonly used to refer to labor trafficking.

[^ 27] See 8 CFR 214.201.

[^ 28] See 8 CFR 214.201.

[^ 29] See 8 CFR 214.201.

[^ 30] See 8 CFR 214.201.

[^ 31] See 8 CFR 214.201 (defining “severe form of trafficking in persons”).

[^ 32] In analyzing this non-traditional work, USCIS considers that trafficking victims may have criminal records and grounds of inadmissibility (such as drug possession charges due to being forced to use drugs, or prostitution charges) that are directly related to their victimization and their trafficker’s efforts to subject them to labor or sex trafficking, or both.

[^ 33] 18 U.S.C. 1584 requires that involuntary servitude be for “any term,” which suggests that the duration of time can be short.

[^ 34] See 8 U.S.C. 1324. See 22 U.S.C. 7102.

[^ 35] See 67 FR 4784, 4787 (PDF) (Jan. 31, 2002).

[^ 36] Before the federalization of Commonwealth of the Northern Mariana Islands (CNMI) immigration law on November 28, 2009, persons in the CNMI had to travel to Guam or elsewhere in the United States to be admitted as a T nonimmigrant. The 2009 legislation effectively replaced the CNMI’s immigration laws with U.S. immigration laws. Applicants in CNMI can now apply for T nonimmigrant status without traveling to the United States or Guam. See Consolidated Natural Resources Act of 2008, Pub. L. 110–229 (PDF) (May 8, 2008).

[^ 37] See INA 101(a)(15)(T)(i)(II). See 8 CFR 214.207(a).

[^ 38] See 67 FR 4784, 4787 (PDF) (Jan. 31, 2002).

[^ 39] See INA 101(a)(15)(T)(i)(II). See 8 CFR 214.207(a). See 8 CFR 214.207(b)(4).

[^ 40] See 8 CFR 214.207(a)(2).

[^ 41] See 8 CFR 214.207(a)(2).

[^ 42] See 8 CFR 214.207(a)(3).

[^ 43] This means of establishing physical presence is distinct from the eligibility requirement to cooperate with any reasonable requests for assistance from law enforcement under INA 101(a)(15)(T)(i)(III) and 8 CFR 214.208. Applicants can generally satisfy the compliance with reasonable requests for assistance requirement by reporting their victimization to law enforcement by email, letter, or other reporting mechanisms and complying with reasonable requests for assistance or demonstrating that they qualify for an exemption due to age or exception due to trauma.

[^ 44] See 8 CFR 214.207(a)(3).

[^ 45] See 8 CFR 214.207(a)(4).

[^ 46] See 8 CFR 214.207(a)(4).

[^ 47] For additional explanation of the concept of a “victim-centered approach,” see Chapter 7, Adjudication, Section A, Victim-Centered Approach [3 USCIS-PM B.7(A)].

[^ 48] See 8 CFR 214.207(a)(5).

[^ 49] See 8 CFR 214.207(a).

[^ 50] See 8 CFR 214.207(a)(1).

[^ 51] See 8 CFR 214.207(a)(5)(i).

[^ 52] See 8 CFR 214.207(b).

[^ 53] See 8 CFR 214.207(b).

[^ 54] See 8 CFR 214.207(b)(1).

[^ 55] See, for example, In re 22022429 (PDF, 642.18 KB), Non-Precedent Decision (AAO Apr. 13, 2023) (finding that an applicant who departed and reentered the United States after being trafficked submitted sufficient evidence to establish that her reentry was due to her continued victimization); In re 24626163 (PDF, 588.62 KB), Non-Precedent Decision (AAO Mar. 6, 2023) (finding that an applicant who departed and reentered the United States after being trafficked did not establish physical presence because he did not provide evidence that he suffered harm as a result of continued victimization); In re 19062659 (PDF, 639.99 KB), Non-Precedent Decision (AAO Dec. 16, 2022) (finding that an applicant who departed and reentered the United States after being trafficked established physical presence because her reentries were the result of her continued victimization because she was still employed by her traffickers and subjected to constant and repeated threats by them); and In re 14280188 (PDF, 666.92 KB), Non-Precedent Decision (AAO Sep. 9, 2021) (finding that an applicant who departed and reentered the United States after being trafficked established physical presence because her trafficker forced her reentry, controlled her, and she remained fearful of him).

[^ 56] Applicants may enter the United States through law enforcement agency “sponsorship,” such as through a grant of parole to assist law enforcement. See 8 CFR 212.5. If DHS paroles an applicant to pursue civil remedies associated with an act or perpetrator of trafficking, the applicant meets the physical presence requirement because DHS facilitated the victim’s entry into the United States for participation in an investigation or prosecution.

[^ 57] The term “judicial processes” refers to criminal investigations, prosecutions, and civil proceedings.

[^ 58] See 8 CFR 214.207(b)(3).

[^ 59] The term “judicial processes” refers to criminal investigations, prosecutions, and civil proceedings. Applicants may enter the United States through a grant of parole to assist law enforcement. If DHS paroles an applicant to pursue civil remedies associated with an act or perpetrator of trafficking, the applicant meets the physical presence requirement because DHS facilitated the victim’s entry into the United States for participation in an investigation or prosecution.

[^ 60] See 8 CFR 214.207(b)(3).

[^ 61] See 8 CFR 214.207(b)(3).

[^ 62] See 8 CFR 214.207(b)(3). See 81 FR 92266, 92272-73 (PDF) (Dec. 19, 2016).

[^ 63] See 8 CFR 214.207(b)(4).

[^ 64] See 8 CFR 214.207(b)(4).

[^ 65] See 8 CFR 214.207(b)(5).

[^ 66] See INA 101(a)(15)(T)(i)(III)(aa).

[^ 67] See 8 CFR 214.201.

[^ 68] See 8 CFR 214.208(c).

[^ 69] See 81 FR 92266, 92275 (PDF) (Dec. 19, 2016).

[^ 70] See 81 FR 92266, 92275 (PDF) (Dec. 19, 2016). See 8 CFR 214.208(c).

[^ 71] The provisions of the T Final Rule, 89 FR 34864 (Apr. 30, 2024) apply generally to applications pending or filed on or after its effective date, August 28, 2024. However, regarding pending applications, no provision of the rule applies to an applicant who filed before August 28, 2024, if it would make an applicant who was eligible under the previous regulations, ineligible, such as the requirement at 8 CFR 214.208(b) to report to law enforcement with jurisdiction over the trafficking.

[^ 72] See 8 CFR 214.208(b).

[^ 73] See 8 CFR 214.208(b). The provisions of the T Final Rule, 89 FR 34864 (Apr. 30, 2024) apply generally to applications pending or filed on or after its effective date, August 28, 2024. However, regarding pending applications, no provision of the rule applies to an applicant who filed before August 28, 2024, if it would make an applicant who was eligible under the previous regulations, ineligible, such as the requirement at 8 CFR 214.208(b) to report to law enforcement with jurisdiction over the trafficking.

[^ 74] See 8 CFR 214.208(e).

[^ 75] See 8 CFR 214.208(e)(2).

[^ 76] See INA 101(a)(15)(T)(i)(III)(bb) and INA 101(a)(15)(T)(i)(III)(cc). See 8 CFR 214.208(e)(1).

[^ 77] See INA 101(a)(15)(T)(i)(IV).

[^ 78] See 8 CFR 214.209.

[^ 79] See 8 CFR 214.209(a).

[^ 80] See Volume 9, Waivers and Other Forms of Relief, Part B, Extreme Hardship, Chapter 5, Extreme Hardship Considerations and Factors, Section D, Examples of Factors that May Support a Finding of Extreme Hardship [9 USCIS-PM B.5(D)] and Section E, Particularly Significant Factors [9 USCIS-PM B.5(E)]. See Matter of Anderson (PDF), 16 I&N Dec. 596, 597 (BIA 1978). See Matter of Kao and Lin (PDF), 23 I&N Dec. 45 (BIA 2001). See Matter of Pilch (PDF), 21 I&N Dec. 627 (BIA 1996). See Matter of Cervantes (PDF), 22 I&N Dec. 560 (BIA 1999).

[^ 81] See 8 CFR 214.209(b).

[^ 82] See 8 CFR 214.209(b)(1).

[^ 83] See 8 CFR 214.209(b)(2).

[^ 84] See 8 CFR 214.209(b)(3).

[^ 85] See 8 CFR 214.209(b)(4).

[^ 86] See 8 CFR 214.209(b)(5).

[^ 87] See 8 CFR 214.209(b)(6).

[^ 88] See 8 CFR 214.209(b)(7).

[^ 89] See 8 CFR 214.209(b)(8).

[^ 90] See 8 CFR 214.209(b)(9).

[^ 91] See 8 CFR 214.209(c)(2).

[^ 92] See INA 212(a). Applicants for T nonimmigrant status are subject to all of the inadmissibility grounds at INA 212(a) except for the public charge ground of inadmissibility. See INA 212(d)(13)(A).

[^ 93] See INA 212(d)(13) and INA 212(d)(3). See Volume 9, Waivers and Other Forms of Relief, Part O, Victims of Trafficking [9 USCIS-PM O].

[^ 94] See INA 214(o)(1). See 8 CFR 214.202(e).

[^ 95] See INA 101(a)(3). See INA 101(a)(15). See INA 101(a)(20). See Matter of C-G-, 1 I&N Dec. 70 (BIA 1941) (noting that a noncitizen may not be an immigrant and a nonimmigrant at the same time).

[^ 96] See 67 FR 4784, 4792 (PDF) (Jan. 31, 2002).