USCIS Updates Policy Manual to Align with 2024 T Visa Final Rule

USCIS updated its guidance to incorporate the T Nonimmigrant Status final rule, published in the Federal Register on April 30, 2024. This guidance is effective immediately. The guidance 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. 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 ineligible who was eligible under the previous regulations.

Message from USCIS

Effective Oct. 23, 2024, U.S. Citizenship and Immigration Services (USCIS) is updating our Policy Manual to incorporate changes and clarifications from the Classification for Victims of Severe Forms of Trafficking in Persons; Eligibility for “T” Nonimmigrant Status final rule. This final rule was published in the Federal Register on April 30, 2024.

The final rule codifies existing policies, modifies certain provisions to reflect statutory changes, and clarifies eligibility requirements for noncitizens seeking T nonimmigrant status and related adjustment of status. The rule also implements a modified bona fide determination process and makes other technical and procedural changes.

Policy Highlights

The updated policy guidance:

• Emphasizes and expands on the “any credible evidence” provision and its applicability to applications for T nonimmigrant status;
• Emphasizes a victim-centered and trauma-informed approach to adjudicating applications for T nonimmigrant status;
• Explains the bona fide determination process for applicants for T nonimmigrant status;
• Provides additional exceptions to the general rule that departures from the United States after trafficking means an applicant cannot establish physical presence on account of their trafficking;
• Revises the definition of “law enforcement agency”;
• Clarifies 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
• Explains 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, when an individual whose application is deemed bona fide files Form I-765, Application for Employment Authorization, we will consider whether to grant them deferred action and an Employment Authorization Document while we adjudicate their application for T nonimmigrant status. We recommend that applicants submit Form I-765 with their Form I-914, Application for T Nonimmigrant Status. Applicants for T nonimmigrant status do not need to pay a fee to file Form I-765.

Background

T nonimmigrant status (also called a T visa) enables certain victims of human trafficking to stay in the United States for an initial period of up to four years. The final rule strengthens the integrity of the T visa program and ensures eligible victims of human trafficking can access protections and stabilizing benefits in a timely manner.

More Information

This guidance, contained in Volume 3 and Volume 9 of the USCIS Policy Manual, is effective immediately. The guidance applies generally to applications pending or filed on or after Aug. 28, 2024, except for the bona fide determination process, which generally only applies to applications filed on or after Aug. 28, 2024. However, regarding pending applications, no provision of the rule applies to an applicant who filed before Aug. 28, 2024, if it would make an applicant ineligible who was eligible under the previous regulations. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance on the topic. Visit the Policy Manual Feedback page to provide feedback on this update.