Purpose and Background

A. Purpose

Human trafficking (also known as trafficking in persons) involves the exploitation of persons in order to compel labor, services, or commercial sex acts. [1]

T nonimmigrant status allows eligible victims of a severe form of trafficking in persons [2] to remain in the United States on a temporary basis, receive employment authorization, and qualify for public benefits and services to the same extent as a refugee. [3] It also allows victims to apply for T nonimmigrant status for certain family members. [4] Additionally, eligible T nonimmigrants may apply to adjust status to lawful permanent residence. [5]

B. Background

Since the initial creation of the T nonimmigrant classification and the related adjustment of status provisions in 2000, Congress has amended the program requirements several times, including amending the provisions regarding adjustment of status. [6]

C. Legal Authorities

- INA 101(a)(15)(T) – Definition of T nonimmigrant classification

- 8 CFR 214.201 – T nonimmigrant status eligibility

- INA 214(o) – Nonimmigrants guilty of trafficking in persons

- INA 245(l) ; 8 CFR 245.23 ; 8 CFR 212.18 – Adjustment of status for victims of trafficking

Footnotes

[1] See the Trafficking and Violence Protection Act (TVPA) of 2000, Pub. L. 106-386 (PDF) , 114 Stat. 1464, 1470 (October 28, 2000), codified at 22 U.S.C. 7101 .

[2] The term “severe form of trafficking in persons” is a legal term defined in the TVPA, as amended. The term is often referred to as trafficking, human trafficking, or acts of trafficking.

[3] See the TVPA, Pub. L. 106-386 (PDF) , 114 Stat. 1464, 1475 (October 28, 2000) (stating that such persons “shall be eligible for benefits and services…to the same extent as an alien who is admitted to the United States as a refugee under section 207 of the [INA]”). See INA 101(i)(2) (mandating employment authorization for principal T nonimmigrants).

[4] See INA 101(a)(15)(T) .

[5] See INA 245(l) .

ee the TVPA, Pub. L. 106-386 (PDF) , 114 Stat. 1464, 1475 (October 28, 2000) (stating that such persons “shall be eligible for benefits and services…to the same extent as an alien who is admitted to the United States as a refugee under section 207 of the [INA]”). See INA 101(i)(2) (mandating employment authorization for principal T nonimmigrants).

[4] See INA 101(a)(15)(T) .

[5] See INA 245(l) .

[6] For more information on the specific amendments made regarding trafficking victim-based adjustment of status, see Volume 3, Humanitarian Protection and Parole, Part B, Victims of Trafficking, Chapter 1, Purpose and Background, Section C, Legislative History [ 3 USCIS-PM B.1(C) ].