NonimmigrantHumanitarianAnnual capNo filing feeForm I-914Path to green card

T-1 Victim of Human Trafficking

Temporary status for victims of sex or labor trafficking who are in the United States because of trafficking, and their eligible family members.

Last reviewed Oct 1, 2026Sources: USCIS · eCFRReport an error

At a glance

Who files: The victim, on Form I-914, from inside the United States
Law enforcement role: Must comply with reasonable requests for help, unless an exception applies
Annual cap: 5,000 principal (T-1) grants per fiscal year
Period of status: Up to 4 years, extendable in limited cases
USCIS filing fee: $0 — fee exempt through adjustment of status
Green card: After 3 years in T status, or sooner if the investigation or prosecution is complete

Bona fide determination since Aug. 28, 2024. For applications filed on or after Aug. 28, 2024, USCIS can grant deferred action and a work permit to applicants with a bona fide Form I-914 who file Form I-765 under category (c)(40). USCIS recommends filing both forms together. In a proposed rule published June 5, 2026, DHS said new discretionary factors, including criminal history, would also apply to these work permits. That rule is not final.

Overview

T nonimmigrant status (the T visa) was created in October 2000 by the Victims of Trafficking and Violence Protection Act. It protects victims of a “severe form of trafficking in persons”: sex trafficking induced by force, fraud or coercion, or involving anyone under 18, and labor trafficking for involuntary servitude, peonage, debt bondage or slavery. Source: USCIS: Victims of Human Trafficking: T Nonimmigrant Status.

Unlike U status, T-1 status is only for people physically present in the United States (including American Samoa and the CNMI) or at a port of entry because of trafficking. A law enforcement declaration (Form I-914 Supplement B) is optional evidence, not a requirement. Victims who were under 18, or cannot cooperate because of physical or psychological trauma, are exempt from the cooperation requirement.

The law caps T-1 grants at 5,000 per fiscal year; family members do not count against it. T nonimmigrants are authorized to work and may qualify for certain federal and state benefits. Regulations now in effect come from a final rule effective Aug. 28, 2024 (89 FR 34864).

Who qualifies

The applicant must

Be or have been a victim of a severe form of trafficking in persons (sex or labor trafficking).
Be physically present in the United States, American Samoa, the CNMI or at a U.S. port of entry because of the trafficking.
Have complied with any reasonable request from law enforcement to help detect, investigate or prosecute the trafficking — unless under 18 at the time of at least one act of trafficking, or unable to cooperate because of physical or psychological trauma.
Show extreme hardship involving unusual and severe harm if removed.
Be admissible, or obtain a waiver on Form I-192 ($0 for T applicants).

Duration & extensions

Period of T status	Up to 4 years (INA 214(o)(7))
Extensions	Through Form I-539 ($0 for T nonimmigrants) in certain situations; status is automatically extended while a timely green card application is pending
Work authorization	T-1 principals receive an EAD automatically with approval
While pending	Deferred action and a (c)(40) EAD if the application is found bona fide and discretion is warranted
Green card eligibility	3 years of continuous physical presence in T status, or the end of the investigation or prosecution, whichever is earlier

Fees

USCIS states that T applicants and T nonimmigrants are fee exempt for all forms through adjustment of status. Amounts below are from the USCIS Fee Schedule (Form G-1055, edition 10/01/26).

Fee	Amount	Who pays	Notes
Form I-914 (and Supplements A and B)	$0	Applicant	No filing fee
Form I-192 inadmissibility waiver	$0	Applicant	$0 for T applicants and derivatives
Form I-765 (c)(40), (a)(16) or (c)(25) work permit	$0	Applicant / family member	Initial and renewal
Form I-539 extension	$0	T nonimmigrant	Fee exempt for T nonimmigrants
Form I-485 under INA 245(l)	$0	T nonimmigrant	Adjustment of status
Visa application (MRV) fee abroad	$185	Family member applying at a consulate	The State Department charges U, T and S applicants the $185 processing fee, although these are petition-based visas

The H.R. 1 (Public Law 119-21) Visa Integrity Fee had not been implemented as of Oct. 1, 2026. USCIS’s July 22, 2025 notice said it will be implemented in a future publication, and no implementing notice was found.

Processing time

Annual cap: 5,000; Principal T-1 grants per fiscal year; derivatives are not counted
Initial status: Up to 4 years; Set by INA 214(o)(7)

There is no fixed processing time. Check USCIS processing times for Form I-914. Filing Form I-765 under (c)(40) at the same time as Form I-914 avoids extra delay in the bona fide determination.

Application steps

1
Gather evidence
Collect evidence of the trafficking, of presence in the United States because of it, of cooperation with law enforcement (or an exemption), and of extreme hardship. Form I-914 Supplement B from a law enforcement agency is optional.
2
Complete Form I-914
Include a personal statement describing the trafficking. Add Form I-192 if any inadmissibility ground applies.
3
File Form I-765 under (c)(40)
Filing it with Form I-914 lets USCIS consider deferred action and a work permit once the application is found bona fide.
4
Add family members
File Form I-914 Supplement A for each eligible family member, with the application, while it is pending, or while in T status.
5
Biometrics and decision
Attend the biometrics appointment. If approved, the T-1 receives up to 4 years of status and an EAD. Family members abroad then apply for visas at a U.S. consulate.
6
Plan for a green card
File Form I-485 under INA 245(l) before T status ends, once the presence requirement is met.

Required documents

From the applicant

Form I-914 with a signed personal statement
Evidence of cooperation with law enforcement, or of an exemption — for example Form I-914 Supplement B, police reports, court records or trial transcripts
Evidence of extreme hardship and of physical presence on account of trafficking
Identity documents; Form I-192 if inadmissible; Form I-765 under (c)(40)

For family members

Form I-914 Supplement A for each relative
Proof of the relationship, and evidence of present danger of retaliation where that is the basis of eligibility

Dependents & family

Family members are not counted against the cap. Under 22 CFR 41.12 the classes are T-2 (spouse), T-3 (child), T-4 (parent), T-5 (unmarried sibling under 18) and T-6 (adult or minor child of a derivative beneficiary). A T-1 under 21 may apply for a spouse, unmarried children under 21, parents and unmarried siblings under 18. A T-1 who is 21 or older may apply for a spouse and unmarried children under 21, per USCIS.

At any age, a T-1 may also apply for parents, unmarried siblings under 18, and children of derivative family members if those relatives are in present danger of retaliation because of the victim’s escape or cooperation with law enforcement. Family members in the United States must file Form I-765 to get a work permit ($0). Those abroad cannot get an EAD until they are admitted.

Path to a green card

A T-1 may apply for a green card on Form I-485 under INA 245(l); USCIS charges no fee.

Step 1

Continuous physical presence

At least 3 years since admission in T status, or throughout an investigation or prosecution that the Attorney General has determined is complete, whichever is shorter. An absence over 90 days, or absences totalling more than 180 days, breaks continuity unless excused.

Step 2

Good moral character

Shown throughout the presence period.

Step 3

Cooperation or hardship

Complied with reasonable requests for help in the investigation or prosecution, or would suffer extreme hardship involving unusual and severe harm if removed, or was under 18 at the time of victimization.

Step 4

Admissibility

Be admissible or have the relevant grounds waived. INA 245(l)(2) allows broad waivers where the inadmissibility was caused by or incident to the trafficking.

T-2 to T-6 family members admitted in derivative status may adjust with the principal.

U-1

Victim of qualifying crime

Broader list of crimes; requires a law enforcement certification.

S-5 / S-6

Witness or informant

Requested by law enforcement for critical witnesses.

TPS

Temporary Protected Status

Country-based protection for nationals already in the United States.

EB-4

Special immigrants

Green card category for several humanitarian groups.

Common questions

Does a trafficking victim need a law enforcement signature?

No. Form I-914 Supplement B is optional evidence. Applicants can show cooperation in other ways, such as police reports, court documents or affidavits. Those under 18 at the time of the trafficking, or unable to cooperate because of trauma, are exempt from the cooperation requirement.

How much does a T visa cost?

USCIS charges nothing. T applicants and T nonimmigrants are fee exempt for all forms through adjustment of status. Family members applying abroad pay the State Department visa application fee.

Can someone apply from outside the United States?

Not as a principal. The T-1 must be physically present in the United States, American Samoa, the CNMI or at a port of entry on account of trafficking. Family members can be abroad and apply for T-2 to T-6 visas at a consulate after USCIS approval.

How is T different from U?

T is only for trafficking victims, has a cap of 5,000 principals a year, and does not require a law enforcement certification. U covers a wider list of crimes, has a cap of 10,000, and requires a signed Form I-918 Supplement B.

Official sources

Recent changes

Aug 24, 2026
Court orders USCIS to adjudicate held cases. In Red Eagle Law v. Edlow (N.D. Cal.), the court ordered USCIS to process applications from nationals of the 39 countries covered by PM-602-0192 and PM-602-0194 in the normal course. USCIS said it will comply pending possible further review. Source ↗
Jun 5, 2026
Proposed discretionary factors for work permits. DHS proposed criminal-history and biometrics-related discretionary factors for (c)-category EADs, including (c)(40) work permits for bona fide T applicants. Comments closed Aug. 4, 2026; this is a proposal, not a final rule. Source ↗
Jun 5, 2026
Hold policies vacated. The U.S. District Court for Rhode Island vacated PM-602-0192, PM-602-0194 and PA-2025-26 (Dorcas International Institute of Rhode Island v. USCIS). USCIS treats them as not in effect. Source ↗
Dec 16, 2025
Proclamation 10998 entry restrictions. Restricts entry of nationals of listed countries and has no categorical exception for T visas, which matters for derivative family members abroad. Case-by-case national-interest exceptions remain. Source ↗
Aug 28, 2024
T final rule takes effect. DHS finalized the 2016 interim rule with clarifications, moved the T regulations into a separate subpart of 8 CFR part 214, and USCIS began its modified bona fide determination process. Source ↗

This page is general reference material compiled from the official sources above and is not legal advice. Eligibility depends on individual facts; rules and fees change, so confirm with the agency before you file. VisaTypes.com is not affiliated with USCIS, the Department of State or any government agency. Spotted an error? Tell us.