The United States is often seen as a land of freedom, but for some, the reality is far different. If you were brought to the U.S. or recruited here under false pretenses, forced to work against your will, or coerced into commercial sex acts, you may be a victim of Human Trafficking.

U.S. immigration law provides a powerful lifeline for survivors of these crimes: The T Visa (T Nonimmigrant Status).

At Okanlaw Group, we understand that breaking free is difficult. In this guide, we will explain how the T Visa provides not just legal protection, but a pathway to dignity, employment, and Permanent Residence (Green Card).

What is a T Visa?

The T Visa is a nonimmigrant status created by the Trafficking Victims Protection Act. It allows victims of severe forms of human trafficking to remain in the United States for up to 4 years if they assist law enforcement in the investigation or prosecution of human trafficking.
Its goal is twofold: to protect victims and to help authorities stop trafficking networks.

Who is Eligible? (The 4 Main Requirements)

To qualify for a T Visa, an applicant must demonstrate four specific elements to USCIS:

1. Victim of Severe Form of Trafficking: You must be a victim of either Sex Trafficking (induced by force, fraud, or coercion, or if the victim is under 18) or Labor Trafficking (recruitment, harboring, or obtaining of a person for labor through force, fraud, or coercion).

2. Physical Presence: You must be physically present in the United States (or at a port of entry) on account of the trafficking.

3. Compliance with Law Enforcement: You must comply with any reasonable request for assistance from law enforcement agencies in the investigation or prosecution of the trafficking.

• Exception: This requirement does not apply if you are under 18 years of age or if you have suffered physical or psychological trauma that prevents you from cooperating.

4. Extreme Hardship: You must demonstrate that you would suffer “extreme hardship involving unusual and severe harm” if you were removed (deported) from the United States.

What Counts as “Trafficking”?

Trafficking is not just about being smuggled across a border. It can happen to people who entered legally (with a tourist or student visa) but were later exploited. Common scenarios include:

• Labor Trafficking: Domestic workers whose passports are confiscated; construction or farm workers threatened with deportation if they complain about unpaid wages; being told you must work to pay off a “debt.”

• Sex Trafficking: Being forced or tricked into prostitution or other commercial sex acts.

Key Benefits of the T Visa

Approval of a T Visa offers life-changing benefits:

• Faster Work Permit (Bona Fide Determination): Unlike many other visas, USCIS may issue an Employment Authorization Document (EAD) once they determine your application is “Bona Fide” (made in good faith and complete), even before the final approval. This allows survivors to work legally much sooner.

• Federal Benefits: T Visa holders may be eligible for certain federal benefits and services, similar to refugees.

• Family Reunification: You may include your spouse and unmarried children under 21. If the principal applicant is under 21, they may also include parents and unmarried siblings.

• Path to a Green Card: After 3 years of continuous physical presence in the U.S. as a T Visa holder (or sooner if the investigation is complete), you can apply for Lawful Permanent Residence (Green Card).

T Visa vs. U Visa: What is the Difference?

Clients often confuse these two. While both protect victims, there are key differences:

• The Crime: U Visa covers many crimes (assault, robbery, etc.). T Visa is strictly for human trafficking.

• Police Certification: For a U Visa, a signed certification from law enforcement is mandatory. For a T Visa, while helpful, it is not mandatory; you can prove your case with other evidence if police refuse to sign.

• Processing: T Visas often have faster processing times for work permits compared to the significant backlog of U Visas.

You Are Not Alone

Being a victim of trafficking is not your fault. The law is on your side.

At Okanlaw Group, we handle these cases with the utmost confidentiality and compassion. We are here to help you transition from “victim” to “survivor” and secure your future in the United States.

Contact us today for a confidential consultation to discuss your eligibility.

[Disclaimer: This blog post is for general informational purposes only and does not constitute legal advice. Every case is unique. Please consult with an attorney regarding your specific situation.]