U.S. Citizenship and Immigration Services (USCIS) announced updates to the USCIS Policy Manual to align with the agency’s “Classification for Victims of Severe Forms of Trafficking in Persons; Eligibility for “T” Nonimmigrant Status” final rule, which was published in the Federal Register on April 30, 2024. “T” nonimmigrant status, also called a T visa, allows certain victims of human trafficking to stay in the U.S. for an initial period of up to four years.
Specifically, the changes to the Policy Manual: (1) clarify that victims of human trafficking may submit “any credible evidence” to establish that they have been a victim of a severe form of trafficking in persons as part of their application for T nonimmigrant status; (2) emphasize a victim-centered and trauma-informed approach to adjudicating applications for T nonimmigrant status; (3) explain the new “bona fide determination” process, a new, streamlined process that will include case reviews and background checks; (4) provide exceptions to the general rule that departures from the U.S. after trafficking render an applicant unable to establish physical presence on account of their trafficking; (5) revise the definition of “law enforcement agency” to include state and local law enforcement agencies; (6) clarify the requirement that an applicant must establish that a perpetrator engaged in a specific prohibited action “for the purpose of” inducing a commercial sex act or subjecting the applicant to involuntary servitude, peonage, debt bondage, or slavery; and (7) explain that an applicant generally must report their trafficking to law enforcement authorities with jurisdiction to investigate their trafficking to satisfy the reporting requirement.
In addition, USCIS explains that when an individual whose application is deemed bona fide files Form I-765, Application for Employment Authorization, the agency will consider whether to grant them deferred action and an Employment Authorization Document while it adjudicates their application for T nonimmigrant status. USCIS’ updated policy guidance is effective immediately and applies generally to applications pending or filed on or after August 28, 2024, except for the bona fide determination process, which generally only applies to applications filed on or after August 28, 2024.