Federal Benefits and Work Authorization

A. Federal Benefits

Children under the age of 18 are eligible for certain federal benefits and services as soon as they are identified as possible victims of trafficking. [1] Adults are eligible for these benefits and services upon approval of T nonimmigrant status. [2]

When USCIS receives an application from a principal applicant under the age of 18, USCIS notifies the Department of Health and Human Services (HHS) to facilitate the provision of interim assistance. [3] In the case of adults, USCIS notifies HHS upon approval of an application for T nonimmigrant status. [4]

B. Employment Authorization

To ensure efficient processing of deferred action and a Bona Fide Determination Employment Authorization Document (BFD EAD), USCIS strongly encourages all applicants to file their Application for Employment Authorization ( Form I-765 ) at the same time as their Application for T Nonimmigrant Status ( Form I-914 ).

Once the Form I-914 is approved, however, a principal T nonimmigrant is authorized to work incident to status and does not need to file a separate Form I-765 . Upon approval of T-1 nonimmigrant status, USCIS issues an EAD, which is valid for the duration of the T-1 nonimmigrant status. If the EAD is lost, stolen, or destroyed, the T-1 nonimmigrant must file an application for a replacement document. [5]

A derivative T nonimmigrant is eligible to receive employment authorization but must apply by filing an application for employment authorization with USCIS in accordance with the form instructions. [6] Derivatives in the United States may file the application concurrently with the Application for Derivative T Nonimmigrant Status ( Form I-914, Supplement A ) or any time thereafter.

t document. [5]

A derivative T nonimmigrant is eligible to receive employment authorization but must apply by filing an application for employment authorization with USCIS in accordance with the form instructions. [6] Derivatives in the United States may file the application concurrently with the Application for Derivative T Nonimmigrant Status ( Form I-914, Supplement A ) or any time thereafter.

Derivatives outside the United States are not eligible for employment authorization until after lawful admission to the United States in T nonimmigrant status. Therefore, derivative family members who are outside the United States should not file the application for employment authorization until after they are lawfully admitted as a T nonimmigrant. If USCIS approves the application, USCIS grants the derivative employment authorization [7] for the period remaining in derivative T nonimmigrant status. [8]

Footnotes

[1] See 22 U.S.C. 7105(b)(1)(G).

[2] See 22 U.S.C. 7105(b)(1)(E).

[3] See William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, Pub. L. 110-457 (PDF) , 122 Stat. 5044, 5077 (December 23, 2008). See 8 CFR 214.204(b)(4) .

[4] See 8 CFR 214.204(o) .

[5] See 8 CFR 214.204(o)(3) . See Application for Employment Authorization ( Form I-765 ).

[6] For information regarding filing fees, see Fee Schedule ( Form G-1055 ).

[7] USCIS grants such authorization under 8 CFR 274a.12(c)(25) .

[8] See 8 CFR 214.211(i)(3) .