T Nonimmigrant Status (T Visas)

The legal definition of a severe form of trafficking

T nonimmigrant status is limited to survivors of a 'severe form of trafficking in persons' as statutorily defined, which generally covers sex trafficking induced by force, fraud, or coercion, or involving a minor, and labor trafficking involving recruitment, harboring, transportation, or obtaining a person for labor or services through force, fraud, or coercion.

The applicant must also be physically present in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or at a port of entry, as a result of the trafficking, and would suffer extreme hardship involving unusual and severe harm if removed.

Law enforcement cooperation and its exceptions

Applicants generally must comply with reasonable requests from law enforcement to assist in the investigation or prosecution of trafficking, or be under 18 years of age, which exempts minors from this requirement entirely.

The statute also recognizes that some survivors cannot or should not be required to cooperate, and it provides an exception for applicants who are unable to cooperate due to physical or psychological trauma resulting from the trafficking itself. This exception is applied on the specific facts of the survivor's condition and requires appropriate supporting documentation.

Evidence commonly submitted

• A personal statement describing the trafficking experience and its connection to the applicant's presence in the United States.
• Any available law enforcement agency endorsement (Form I-914, Supplement B), where cooperation has occurred or is occurring.
• Documentation supporting a trauma-based exception to cooperation, where applicable, including relevant medical or mental health records.
• Evidence of the extreme hardship involving unusual and severe harm that removal would cause.
• Evidence supporting derivative family members, such as marriage or birth records and, for certain applicants, evidence of family members who may face harm as a result of the applicant's escape from trafficking.

Process and family members

1. 1

   Assess the trafficking definition

   Review the facts against the statutory definitions of sex and labor trafficking, and confirm presence in the United States as a result of that trafficking.

2. 2

   Address the cooperation requirement

   Determine whether a law enforcement endorsement is available, or whether the minor or trauma-based exception applies instead.

3. 3

   Prepare the hardship and personal statement evidence

   Build a detailed personal statement and supporting documentation addressing hardship, trauma and the trafficking experience.

4. 4

   File the petition

   Submit Form I-914 with supporting evidence, including derivative petitions for eligible family members.

5. 5

   Track interim protections and final adjudication

   Monitor eligibility for related benefits while the case is pending and follow the case through to final decision.

Risks and complications

T visa cases turn heavily on how the facts are documented and framed against a specific statutory definition, and survivors sometimes underestimate whether their experience qualifies. The trauma-based exception to cooperation requires its own evidentiary support and is not assumed. Certain criminal history on the applicant's record can also require a separate waiver analysis.